Sub. H. B. No. 95 As Pending in the Senate Finance and Financial Institutions Committee

REPRESENTATIVE Calvert

A BILL

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

102.02, 109.57, 109.572, 109.71, 117.101, 117.16,

117.44, 117.45, 119.035, 121.04, 121.084, 121.41,

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

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

123.01, 124.03, 124.15, 124.152, 124.181, 125.15,

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

127.16, 131.02, 131.23, 131.35, 145.38, 147.01,

147.37, 149.011, 149.30, 149.31, 149.33, 149.331,

149.332, 149.333, 149.34, 149.35, 153.65, 164.27,

165.09, 173.06, 173.061, 173.062, 173.07, 173.071,

173.14, 173.26, 175.03, 175.21, 175.22, 183.02,

306.35, 306.99, 307.86, 307.87, 307.93, 311.17,

317.32, 321.24, 323.01, 325.31, 329.03, 329.04,

329.051, 340.021, 340.03, 341.05, 341.25, 504.03,

504.04, 507.09, 511.12, 515.01, 515.07, 715.013,

718.01, 718.02, 718.05, 718.11, 718.15, 718.151,

731.14, 731.141, 735.05, 737.03, 753.22, 901.17,

901.21, 901.22, 901.63, 902.11, 921.151, 927.53,

927.69, 929.01, 955.51, 1309.109, 1317.07,

1321.21, 1333.99, 1501.04, 1503.05, 1513.05,

1515.08, 1519.05, 1521.06, 1521.063, 1531.26,

1533.08, 1533.10, 1533.101, 1533.11, 1533.111,

1533.112, 1533.13, 1533.151, 1533.19, 1533.23,

1533.301, 1533.32, 1533.35, 1533.40, 1533.54,

1533.631, 1533.632, 1533.71, 1533.82, 1541.10,

1563.42, 1702.59, 1711.13, 1711.15, 1711.17,

2101.16, 2117.06, 2117.25, 2151.352, 2151.3529,

2151.3530, 2151.83, 2151.84, 2152.19, 2301.58,

2305.234, 2329.07, 2329.66, 2505.13, 2715.041,

2715.045, 2716.13, 2743.02, 2915.01, 2915.02,

2915.08, 2915.09, 2915.091, 2915.092, 2915.093,

2915.10, 2915.101, 2915.13, 2917.41, 2921.13,

2923.35, 2925.44, 2929.38, 2933.43, 2935.01,

2935.36, 2949.091, 3111.04, 3119.01, 3121.01,

3123.952, 3301.0714, 3301.52, 3301.53, 3301.54,

3301.55, 3301.57, 3301.58, 3301.68, 3301.80,

3302.03, 3311.05, 3311.24, 3311.26, 3313.41,

3313.843, 3313.979, 3313.981, 3314.02, 3314.041,

3314.07, 3314.08, 3314.17, 3316.08, 3317.01,

3317.012, 3317.013, 3317.014, 3317.022, 3317.023,

3317.024, 3317.029, 3317.0217, 3317.03, 3317.032,

3317.05, 3317.064, 3317.07, 3317.09, 3317.10,

3317.15, 3317.16, 3318.01, 3318.03, 3318.042,

3318.05, 3318.06, 3318.08, 3318.30, 3318.31,

3318.37, 3318.41, 3319.01, 3319.02, 3319.03,

3319.07, 3319.19, 3319.22, 3319.33, 3319.36,

3323.16, 3327.01, 3327.011, 3329.06, 3329.08,

3332.04, 3333.12, 3353.11, 3361.01, 3375.41,

3377.01, 3377.06, 3383.01, 3383.07, 3501.18,

3501.30, 3503.10, 3505.061, 3505.08, 3517.092,

3701.02, 3701.021, 3701.022, 3701.024, 3701.141,

3701.145, 3701.342, 3702.31, 3702.529, 3702.53,

3702.532, 3702.54, 3702.544, 3702.55, 3702.60,

3702.61, 3702.68, 3702.74, 3705.01, 3705.07,

3705.08, 3705.09, 3705.23, 3705.24, 3709.09,

3710.05, 3710.07, 3711.021, 3721.02, 3721.121,

3721.19, 3721.51, 3721.56, 3722.151, 3733.43,

3733.45, 3734.02, 3734.05, 3734.12, 3734.123,

3734.124, 3734.18, 3734.28, 3734.42, 3734.44,

3734.46, 3734.57, 3735.27, 3735.67, 3735.671,

3737.81, 3745.04, 3745.11, 3745.14, 3745.40,

3746.13, 3747.16, 3748.07, 3748.13, 3769.087,

3770.07, 3770.10, 3770.99, 3773.33, 3773.43,

3781.19, 3901.491, 3901.501, 4104.01, 4104.02,

4104.04, 4104.06, 4104.07, 4104.08, 4104.15,

4104.18, 4104.19, 4104.20, 4104.41, 4104.44,

4104.45, 4104.46, 4105.17, 4112.15, 4115.10,

4117.02, 4117.14, 4123.27, 4123.41, 4141.04,

4141.09, 4141.23, 4301.03, 4301.30, 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,

4501.06, 4503.101, 4503.103, 4505.06, 4508.08,

4509.60, 4511.33, 4511.191, 4519.55, 4707.071,

4707.072, 4707.10, 4709.12, 4717.07, 4717.09,

4719.01, 4723.06, 4723.08, 4723.082, 4723.17,

4731.65, 4731.71, 4734.15, 4736.12, 4743.05,

4747.05, 4747.06, 4747.07, 4747.10, 4751.06,

4751.07, 4755.03, 4759.08, 4771.22, 4903.24,

4905.79, 4905.91, 4919.79, 4928.62, 4928.63,

4931.45, 4931.47, 4931.48, 4973.17, 4981.20,

5101.11, 5101.14, 5101.141, 5101.142, 5101.144,

5101.145, 5101.146, 5101.16, 5101.18, 5101.181,

5101.26, 5101.27, 5101.28, 5101.35, 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, 5111.03, 5111.06, 5111.082,

5111.111, 5111.17, 5111.171, 5111.20, 5111.21,

5111.22, 5111.25, 5111.251, 5111.252, 5111.28,

100

5111.29, 5111.30, 5111.31, 5111.34, 5111.85,

101

5111.87, 5111.871, 5111.872, 5111.873, 5111.94,

102

5112.03, 5112.08, 5112.17, 5112.31, 5112.99,

103

5115.01, 5115.02, 5115.03, 5115.04, 5115.05,

104

5115.07, 5115.10, 5115.11, 5115.13, 5115.15,

105

5115.20, 5119.61, 5119.611, 5120.52, 5123.01,

106

5123.051, 5123.19, 5123.60, 5123.801, 5126.01,

107

5126.042, 5126.11, 5126.12, 5126.121, 5126.15,

108

5126.18, 5126.44, 5139.01, 5139.04, 5139.33,

109

5139.34, 5139.36, 5139.41, 5139.43, 5139.87,

110

5153.122, 5153.163, 5153.60, 5153.69, 5153.72,

111

5153.78, 5301.68, 5301.691, 5310.15, 5502.01,

112

5502.13, 5549.21, 5703.052, 5705.39, 5705.41,

113

5705.412, 5709.61, 5709.62, 5709.63, 5709.632,

114

5709.64, 5711.18, 5711.22, 5713.07, 5713.08,

115

5713.081, 5713.082, 5713.10, 5713.30, 5715.27,

116

5717.03, 5719.07, 5727.111, 5727.30, 5727.32,

117

5727.33, 5727.56, 5728.04, 5728.06, 5728.99,

118

5733.04, 5733.05, 5733.051, 5733.056, 5733.059,

119

5733.0611, 5733.09, 5733.121, 5733.18, 5733.22,

120

5733.45, 5733.98, 5735.05, 5735.14, 5735.15,

121

5735.19, 5735.23, 5735.26, 5735.291, 5735.30,

122

5735.99, 5739.01, 5739.011, 5739.012, 5739.02,

123

5739.021, 5739.022, 5739.023, 5739.025, 5739.026,

124

5739.03, 5739.032, 5739.033, 5739.10, 5739.12,

125

5739.121, 5739.122, 5739.17, 5739.21, 5739.33,

126

5741.01, 5741.02, 5741.021, 5741.022, 5741.023,

127

5741.121, 5743.05, 5743.21, 5743.45, 5745.01,

128

5745.02, 5745.04, 5747.02, 5747.12, 5747.31,

129

5901.021, 6101.09, 6109.21, 6115.09, 6117.02, and

130

6119.06; to amend, for the purpose of adopting new

131

section numbers as indicated in parentheses,

132

sections 3301.33 (3301.40), 3701.145 (3701.0210),

133

4104.46 (4104.48), 5108.06 (5108.04), 5108.07

134

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

135

5111.252 (5123.199), 5115.02 (5115.04), 5115.04

136

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

137

and 5115.15 (5115.23); to enact new sections

138

718.03, 3301.31, 3301.33, 3317.11, 3318.052,

139

4104.42, 4104.43, 4104.46, 5108.06, 5108.07,

140

5111.16, 5111.173, 5115.13, and 5739.034 and

141

sections 9.24, 107.12, 107.31, 107.32, 107.33,

142

121.36, 121.482, 122.041, 122.90, 123.152,

143

124.183, 125.073, 145.381, 173.08, 317.36, 319.63,

144

511.181, 718.021, 718.031, 718.051, 718.121,

145

901.85, 927.701, 1346.04, 1346.05, 1346.06,

146

1346.07, 1346.08, 1346.09, 1346.10, 1501.25,

147

1711.131, 2113.041, 2117.061, 3301.34, 3301.35,

148

3301.36, 3301.37, 3301.38, 3511.059, 3314.033,

149

3314.083, 3318.024, 3333.16, 3333.38, 3379.11,

150

3501.011, 3701.029, 3701.61, 3702.63, 3721.561,

151

3770.073, 4104.47, 4115.21, 4141.201, 4511.198,

152

4707.24, 4723.063, 4755.031, 5101.12, 5101.1410,

153

5101.214, 5101.271, 5103.155, 5108.11, 5108.12,

154

5111.0113, 5111.025, 5111.151, 5111.172,

155

5111.174, 5111.175, 5111.206, 5111.222, 5111.65,

156

5111.66, 5111.661, 5111.67, 5111.671, 5111.672,

157

5111.673, 5111.674, 5111.675, 5111.676, 5111.677,

158

5111.68, 5111.681, 5111.682, 5111.683, 5111.684,

159

5111.685, 5111.686, 5111.687, 5111.688, 5111.689,

160

5111.6810, 5111.911, 5111.912, 5111.913, 5111.95,

161

5111.96, 5111.97, 5115.12, 5115.14, 5115.22,

162

5123.196, 5123.197, 5123.198, 5123.1910, 5123.38,

163

5123.851, 5139.44, 5502.03, 5703.56, 5703.58,

164

5703.80, 5717.011, 5733.0511, 5733.55, 5733.56,

165

5733.57, 5735.053, 5741.25, 5743.051, 5745.042,

166

5745.044, and 5747.026; and to repeal sections

167

122.12, 125.931, 125.932, 125.933, 125.934,

168

125.935, 131.38, 173.45, 173.46, 173.47, 173.48,

169

173.49, 173.50, 173.51, 173.52, 173.53, 173.54,

170

173.55, 173.56, 173.57, 173.58, 173.59, 179.01,

171

179.02, 179.03, 179.04, 319.311, 504.21, 718.03,

172

1333.96, 1533.06, 1533.39, 1553.01, 1553.02,

173

1553.03, 1553.04, 1553.05, 1553.06, 1553.07,

174

1553.08, 1553.09, 1553.10, 1553.99, 2305.26,

175

3301.078, 3301.0719, 3301.0724, 3301.31, 3301.581,

176

3313.82, 3313.83, 3313.94, 3317.11, 3318.033,

177

3318.052, 3318.35, 3319.06, 3319.34, 3701.142,

178

3701.144, 3702.543, 3702.581, 4104.42, 4104.43,

179

4141.044, 4141.045, 5101.251, 5108.05, 5111.017,

180

5111.173, 5115.011, 5115.012, 5115.06, 5115.061,

181

5139.42, 5139.45, 5727.39, 5727.44, 5733.111,

182

5735.33, 5739.034, 5739.35, 5741.011, 5741.24,

183

5743.46, 5747.131, and 5747.60 of the Revised

184

Code; to amend Sections 11 and 11.04 of Am. Sub.

185

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

186

Section 13.05 of Am. Sub. H.B. 87 of the 125th

187

General Assembly; to amend Section 2 of Am. Sub.

188

H.B. 71 of the 120th General Assembly, and Section

189

6 of Am. Sub. S.B. 67 of the 122nd General

190

Assembly; to amend Sections 1.09 and 35.03 of H.B.

191

675 of the 124th General Assembly; to amend

192

Sections 18.03 and 18.04 of H.B. 675 of the 124th

193

General Assembly; to amend Sections 10 and 14 of

194

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

195

to amend Section 3 of Am. Sub. S.B. 143 of the

196

124th General Assembly; to amend Section 3 of Am.

197

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

198

subsequently amended; to amend Section 3 of Am.

199

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

200

subsequently amended; to amend Section 153 of Am.

201

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

202

subsequently amended; to amend Section 27 of Sub

203

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

204

subsequently amended; to amend Section 5 of Am.

205

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

206

subsequently amended; to repeal section 63.37 of

207

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

208

subsequently amended; to repeal Section 16 of Am.

209

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

210

repeal Section 129 of Am. Sub. H.B. 283 of the

211

123rd General Assembly, as subsequently amended;

212

to repeal Section 3 of Sub. H.B. 403 of the 123rd

213

General Assembly; to repeal Section 3 of Am. Sub.

214

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

215

subsequently amended; and to repeal Section 11 of

216

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

217

subsequently amended; to levy taxes and provide

218

for implementation of those levies, to make

219

operating appropriations for the biennium

220

beginning July 1, 2003, and ending June 30, 2005,

221

and to provide authorization and conditions for

222

the operation of state programs; to amend the

223

version of section 921.22 of the Revised Code that

224

is scheduled to take effect July 1, 2004, to

225

continue the provisions of this act on and after

226

that effective date; to amend the version of

227

section 2305.234 of the Revised Code that is

228

scheduled to take effect January 1, 2004, to

229

continue the provisions of this act on and after

230

that effective date; to amend the version of

231

section 3332.04 of the Revised Code that is

232

scheduled to take effect July 1, 2003; to amend

233

the version of section 3734.44 of the Revised Code

234

that is scheduled to take effect January 1, 2004,

235

to continue the provisions of this act on and

236

after that effective date; to amend the versions

237

of sections 307.93, 2152.19, 2929.38, 4511.33, and

238

4511.75 of the Revised Code that are scheduled to

239

take effect January 1, 2004; to amend the version

240

of section 5101.28 of the Revised Code that is

241

scheduled to take effect January 1, 2004, to

242

continue the provisions of this act on and after

243

that effective date; to amend the version of

244

section 5743.45 of the Revised Code that is

245

scheduled to take effect January 1, 2004, to

246

continue the provisions of this act on and after

247

that effective date; to amend the version of

248

section 5739.033 of the Revised Code as it results

249

from Am. Sub. S.B. 143 of the 124th General

250

Assembly, as amended by H.B. 675 of the 124th

251

General Assembly; and to terminate certain

252

provisions of this act on December 31, 2013, by

253

repealing section 4723.063 of the Revised Code on

254

that date.

255

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,	256
102.02, 109.57, 109.572, 109.71, 117.101, 117.16, 117.44, 117.45,	257
119.035, 121.04, 121.084, 121.41, 121.48, 121.62, 122.011, 122.04,	258
122.08, 122.17, 122.171, 122.25, 122.651, 122.658, 122.87, 122.88,	259
123.01, 124.03, 124.15, 124.152, 124.181, 125.15, 125.91, 125.92,	260
125.93, 125.95, 125.96, 125.98, 127.16, 131.02, 131.23, 131.35,	261
145.38, 147.01, 147.37, 149.011, 149.30, 149.31, 149.33, 149.331,	262
149.332, 149.333, 149.34, 149.35, 153.65, 164.27, 165.09, 173.06,	263
173.061, 173.062, 173.07, 173.071, 173.14, 173.26, 175.03, 175.21,	264
175.22, 183.02, 306.35, 306.99, 307.86, 307.87, 307.93, 311.17,	265
317.32, 321.24, 323.01, 325.31, 329.03, 329.04, 329.051, 340.021,	266
340.03, 341.05, 341.25, 504.03, 504.04, 507.09, 511.12, 515.01,	267
515.07, 715.013, 718.01, 718.02, 718.05, 718.11, 718.15, 718.151,	268
731.14, 731.141, 735.05, 737.03, 753.22, 901.17, 901.21, 901.22,	269
901.63, 902.11, 921.151, 927.53, 927.69, 929.01, 955.51, 1309.109,	270
1317.07, 1321.21, 1333.99, 1501.04, 1503.05, 1513.05, 1515.08,	271
1519.05, 1521.06, 1521.063, 1531.26, 1533.08, 1533.10, 1533.101,	272
1533.11, 1533.111, 1533.112, 1533.13, 1533.151, 1533.19, 1533.23,	273
1533.301, 1533.32, 1533.35, 1533.40, 1533.54, 1533.631, 1533.632,	274
1533.71, 1533.82, 1541.10, 1563.42, 1702.59, 1711.13, 1711.15,	275
1711.17, 2101.16, 2117.06, 2117.25, 2151.352, 2151.3529,	276
2151.3530, 2151.83, 2151.84, 2152.19, 2301.58, 2305.234, 2329.07,	277
2329.66, 2505.13, 2715.041, 2715.045, 2716.13, 2743.02, 2915.01,	278
2915.02, 2915.08, 2915.09, 2915.091, 2915.092, 2915.093, 2915.10,	279
2915.101, 2915.13, 2917.41, 2921.13, 2923.35, 2925.44, 2929.38,	280
2933.43, 2935.01, 2935.36, 2949.091, 3111.04, 3119.01, 3121.01,	281
3123.952, 3301.0714, 3301.52, 3301.53, 3301.54, 3301.55, 3301.57,	282
3301.58, 3301.68, 3301.80, 3302.03, 3311.05, 3311.24, 3311.26,	283
3313.41, 3313.843, 3313.979, 3313.981, 3314.02, 3314.041, 3314.07,	284
3314.08, 3314.17, 3316.08, 3317.01, 3317.012, 3317.013, 3317.014,	285
3317.022, 3317.023, 3317.024, 3317.029, 3317.0217, 3317.03,	286
3317.032, 3317.05, 3317.064, 3317.07, 3317.09, 3317.10, 3317.15,	287
3317.16, 3318.01, 3318.03, 3318.042, 3318.05, 3318.06, 3318.08,	288
3318.30, 3318.31, 3318.37, 3318.41, 3319.01, 3319.02, 3319.03,	289
3319.07, 3319.19, 3319.22, 3319.33, 3319.36, 3323.16, 3327.01,	290
3327.011, 3329.06, 3329.08, 3332.04, 3333.12, 3353.11, 3361.01,	291
3375.41, 3377.01, 3377.06, 3383.01, 3383.07, 3501.18, 3501.30,	292
3503.10, 3505.061, 3505.08, 3517.092, 3701.02, 3701.021, 3701.022,	293
3701.024, 3701.141, 3701.145, 3701.342, 3702.31, 3702.529,	294
3702.53, 3702.532, 3702.54, 3702.544, 3702.55, 3702.60, 3702.61,	295
3702.68, 3702.74, 3705.01, 3705.07, 3705.08, 3705.09, 3705.23,	296
3705.24, 3709.09, 3710.05, 3710.07, 3711.021, 3721.02, 3721.121,	297
3721.19, 3721.51, 3721.56, 3722.151, 3733.43, 3733.45, 3734.02,	298
3734.05, 3734.12, 3734.123, 3734.124, 3734.18, 3734.28, 3734.42,	299
3734.44, 3734.46, 3734.57, 3735.27, 3735.67, 3735.671, 3737.81,	300
3745.04, 3745.11, 3745.14, 3745.40, 3746.13, 3747.16, 3748.07,	301
3748.13, 3769.087, 3770.07, 3770.10, 3770.99, 3773.33, 3773.43,	302
3781.19, 3901.491, 3901.501, 4104.01, 4104.02, 4104.04, 4104.06,	303
4104.07, 4104.08, 4104.15, 4104.18, 4104.19, 4104.20, 4104.41,	304
4104.44, 4104.45, 4104.46, 4105.17, 4112.15, 4115.10, 4117.02,	305
4117.14, 4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.03,	306
4301.30, 4303.02, 4303.021, 4303.03, 4303.04, 4303.05, 4303.06,	307
4303.07, 4303.08, 4303.09, 4303.10, 4303.11, 4303.12, 4303.121,	308
4303.13, 4303.14, 4303.141, 4303.15, 4303.151, 4303.16, 4303.17,	309
4303.171, 4303.18, 4303.181, 4303.182, 4303.183, 4303.184,	310
4303.19, 4303.20, 4303.201, 4303.202, 4303.203, 4303.204, 4303.21,	311
4303.22, 4303.23, 4303.231, 4501.06, 4503.101, 4503.103, 4505.06,	312
4508.08, 4509.60, 4511.191, 4511.33, 4519.55, 4707.071, 4707.072,	313
4707.10, 4709.12, 4717.07, 4717.09, 4719.01, 4723.06, 4723.08,	314
4723.082, 4723.17, 4731.65, 4731.71, 4734.15, 4736.12, 4743.05,	315
4747.05, 4747.06, 4747.07, 4747.10, 4751.06, 4751.07, 4755.03,	316
4759.08, 4771.22, 4903.24, 4905.79, 4905.91, 4919.79, 4928.62,	317
4928.63, 4931.45, 4931.47, 4931.48, 4973.17, 4981.20, 5101.11,	318
5101.14, 5101.141, 5101.142, 5101.144, 5101.145, 5101.146,	319
5101.16, 5101.18, 5101.181, 5101.26, 5101.27, 5101.28, 5101.35,	320
5101.36, 5101.58, 5101.59, 5101.75, 5101.80, 5101.83, 5101.97,	321
5103.031, 5103.033, 5103.034, 5103.036, 5103.037, 5103.038,	322
5103.0312, 5103.0313, 5103.0314, 5103.0315, 5103.0316, 5103.154,	323
5104.01, 5104.011, 5104.02, 5104.04, 5104.30, 5104.32, 5107.02,	324
5107.30, 5107.37, 5107.40, 5107.60, 5108.01, 5108.03, 5108.06,	325
5108.07, 5108.09, 5108.10, 5111.019, 5111.0112, 5111.02, 5111.021,	326
5111.022, 5111.03, 5111.06, 5111.082, 5111.111, 5111.17, 5111.171,	327
5111.20, 5111.21, 5111.22, 5111.25, 5111.251, 5111.252, 5111.28,	328
5111.29, 5111.30, 5111.31, 5111.34, 5111.85, 5111.87, 5111.871,	329
5111.872, 5111.873, 5111.94, 5112.03, 5112.08, 5112.17, 5112.31,	330
5112.99, 5115.01, 5115.02, 5115.03, 5115.04, 5115.05, 5115.07,	331
5115.10, 5115.11, 5115.13, 5115.15, 5115.20, 5119.61, 5119.611,	332
5120.52, 5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01,	333
5126.042, 5126.11, 5126.12, 5126.121, 5126.15, 5126.18, 5126.44,	334
5139.04, 5139.04, 5139.33, 5139.34, 5139.36, 5139.41, 5139.43,	335
5139.87, 5153.122, 5153.163, 5153.60, 5153.69, 5153.72, 5153.78,	336
5301.68, 5301.691, 5310.15, 5502.01, 5502.13, 5549.21, 5703.052,	337
5705.39, 5705.41, 5705.412, 5709.61, 5709.62, 5709.63, 5709.632,	338
5709.64, 5711.18, 5711.22, 5713.07, 5713.08, 5713.081, 5713.082,	339
5713.10, 5713.30, 5715.27, 5717.03, 5719.07, 5727.111, 5727.30,	340
5727.32, 5727.33, 5727.56, 5728.04, 5728.06, 5728.99, 5733.04,	341
5733.05, 5733.051, 5733.056, 5733.059, 5733.0611, 5733.09,	342
5733.121, 5733.18, 5733.22, 5733.45, 5733.98, 5735.05, 5735.14,	343
5735.15, 5735.19, 5735.23, 5735.26, 5735.291, 5735.30, 5735.99,	344
5739.01, 5739.011, 5739.012, 5739.02, 5739.021, 5739.022,	345
5739.023, 5739.025, 5739.026, 5739.03, 5739.032, 5739.033,	346
5739.10, 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5739.33,	347
5741.01, 5741.02, 5741.021, 5741.022, 5741.023, 5741.121, 5743.05,	348
5743.21, 5743.45, 5745.01, 5745.02, 5745.04, 5747.02, 5747.12,	349
5747.31, 5901.021, 6101.09, 6109.21, 6115.09, 6117.02, and 6119.06	350
be amended; that sections 3301.33 (3301.40), 3701.145 (3701.0210),	351
4104.46 (4104.48), 5108.06 (5108.04), 5108.07 (5108.05), 5111.08	352
(5111.071), 5111.16 (5111.08), 5111.252 (5123.199), 5115.02	353
(5115.04), 5115.04 (5115.02), 5115.07 (5115.06), 5115.13	354
(5115.07), and 5115.15 (5115.23) be amended for the purpose of	355
adopting new section numbers as indicated in parentheses; and that	356
new sections 718.03, 3301.31, 3301.33, 3317.11, 3318.052, 4104.42,	357
4104.43, 4104.46, 5108.06, 5108.07, 5111.16, 5111.173, 5115.13,	358
and 5739.034 and sections 9.24, 107.12, 107.31, 107.32, 107.33,	359
121.36, 121.482, 122.041, 122.90, 123.152, 124.183, 125.073,	360
145.381, 173.08, 317.36, 319.63, 511.181, 718.021, 718.031,	361
718.051, 718.121, 901.85, 927.701, 1346.04, 1346.05, 1346.06,	362
1346.07, 1346.08, 1346.09, 1346.10, 1501.25, 1711.131, 2113.041,	363
2117.061, 3301.34, 3301.35, 3301.36, 3301.37, 3301.38, 3311.059,	364
3314.033, 3314.083, 3318.024, 3333.16, 3333.38, 3379.11, 3501.011,	365
3701.029, 3701.61, 3702.63, 3721.561, 3770.073, 4104.47, 4115.21,	366
4141.201, 4511.198, 4707.24, 4723.063, 4755.031, 5101.12,	367
5101.1410, 5101.214, 5101.271, 5103.155, 5108.11, 5108.12,	368
5111.0113, 5111.025, 5111.151, 5111.172, 5111.174, 5111.175,	369
5111.206, 5111.222, 5111.65, 5111.66, 5111.661, 5111.67, 5111.671,	370
5111.672, 5111.673, 5111.674, 5111.675, 5111.676, 5111.677,	371
5111.68, 5111.681, 5111.682, 5111.683, 5111.684, 5111.685,	372
5111.686, 5111.687, 5111.688, 5111.689, 5111.6810, 5111.911,	373
5111.912, 5111.913, 5111.95, 5111.96, 5111.97, 5115.12, 5115.14,	374
5115.22, 5123.196, 5123.197, 5123.198, 5123.1910, 5123.38,	375
5123.851, 5139.44, 5502.03, 5703.56, 5703.58, 5703.80, 5717.011,	376
5733.0511, 5733.55, 5733.56, 5733.57, 5735.053, 5741.25, 5743.051,	377
5745.042, 5745.044, and 5747.026 of the Revised Code be enacted to	378
read as follows:	379

Sec. 9.01. When any officer, office, court, commission,	380
board, institution, department, agent, or employee of the state,	381
or of a county, or of any other political subdivision, who is	382
charged with the duty or authorized or required by law to record,	383
preserve, keep, maintain, or file any record, document, plat,	384
court file, paper, or instrument in writing, or to make or furnish	385
copies of any ~~thereof~~of them, deems it necessary or advisable,	386
when recording ~~any such document, plat, court file, paper, or~~	387
~~instrument in writing,~~ or ~~when~~ making a copy or reproduction of	388
any ~~thereof~~of them or of any such record, for the purpose of	389
recording or copying, preserving, and protecting ~~the same~~them,	390
reducing space required for storage, or any similar purpose, to do	391
so by means of any photostatic, photographic, miniature	392
photographic, film, microfilm, or microphotographic process, or	393
perforated tape, magnetic tape, other magnetic means, electronic	394
data processing, machine readable means, or graphic or video	395
display, or any combination ~~thereof~~of those processes, means, or	396
displays, which correctly and accurately copies, records, or	397
reproduces, or provides a medium of copying, recording, or	398
reproducing, the original record, document, plat, court file,	399
paper, or instrument in writing, such use of any ~~such photographic~~	400
~~or electromagnetic~~of those processes, means, or displays for any	401
such purpose, is hereby authorized. Any such records, copies, or	402
reproductions may be made in duplicate, and ~~such~~the duplicates	403
shall be stored in different buildings. The film or paper used for	404
~~this~~a process shall comply with the minimum standards of quality	405
approved for permanent photographic records by the national bureau	406
of standards. All such records, copies, or reproductions shall	407
carry a certificate of authenticity and completeness, on a form	408
specified by the director of administrative services through the	409
state records ~~administrator~~program.	410

Any such officer, office, court, commission, board,	411
institution, department, agent, or employee of the state, of a	412
county, or of any other political subdivision may purchase or rent	413
required equipment for any such photographic process and may enter	414
into contracts with private concerns or other governmental	415
agencies for the development of film and the making of	416
reproductions ~~thereof~~of film as a part of any such photographic	417
process. When so recorded, or copied or reproduced to reduce space	418
required for storage or filing of such records, ~~said~~such	419
photographs, microphotographs, microfilms, perforated tape,	420
magnetic tape, other magnetic means, electronic data processing,	421
machine readable means, graphic or video display, or ~~any~~	422
combination ~~thereof~~of these processes, means, or displays, or	423
films, or prints made therefrom, when properly identified by the	424
officer by whom or under whose supervision ~~the same~~they were	425
made, or who has ~~the~~their custody ~~thereof~~, have the same effect	426
at law as the original record or of a record made by any other	427
legally authorized means, and may be offered in like manner and	428
shall be received in evidence in any court where ~~such~~the original	429
record, or record made by other legally authorized means, could	430
have been so introduced and received. Certified or authenticated	431
copies or prints of such photographs, microphotographs, films,	432
microfilms, perforated tape, magnetic tape, other magnetic means,	433
electronic data processing, machine readable means, graphic or	434
video display, or ~~any~~ combination ~~thereof~~of these processes,	435
means, or displays, shall be admitted in evidence equally with the	436
original ~~photographs, microphotographs, films, or microfilms~~.	437

Such photographs, microphotographs, microfilms, or films	438
shall be placed and kept in conveniently accessible, fireproof,	439
and insulated files, cabinets, or containers, and provisions shall	440
be made for preserving, safekeeping, using, examining, exhibiting,	441
projecting, and enlarging ~~the same~~them whenever requested, during	442
office hours.	443

All persons utilizing the methods described in this section	444
for keeping records and information shall keep and make readily	445
available to the public the machines and equipment necessary to	446
reproduce the records and information in a readable form.	447

Sec. 9.24. (A) No state agency and no political subdivision	448
shall award a contract for goods, services, or construction, paid	449
for in whole or in part with state funds, to a person who owes a	450
debt to the state if the debt at the time the contract is awarded	451
is unresolved.	452

(B) For purposes of this section, a debt is unresolved unless	453
one of the following criteria applies to the debt:	454

(1) The debt is certified as paid in full by the state agency	455
or political subdivision to whom the debt was owed;	456

(2) The debtor has entered into a repayment plan that is	457
approved by the attorney general and the state agency or political	458
subdivision to whom the debt is owed. A repayment plan may include	459
a provision permitting a state agency or political subdivision to	460
withhold payment to a debtor for goods, services, or construction	461
provided to or for the state agency or political subdivision	462
pursuant to a contract that is entered into with the debtor after	463
the date the unresolved debt was incurred.	464

(3) The attorney general waives a repayment plan described in	465
division (B)(2) of this section for good cause;	466

(4) The debtor and state agency or political subdivision to	467
whom the debt is owed have agreed to a payment plan established	468
through a settlement.	469

(5) The state agency or political subdivision desiring to	470
enter into a contract with a debtor certifies, and the attorney	471
general concurs, that all of the following are true:	472

(a) Essential services the state agency or political	473
subdivision is seeking to obtain from the debtor cannot be	474
provided by any other person besides the debtor;	475

(b) Awarding a contract to the debtor for the essential	476
services described in division (B)(5)(a) is in the best interest	477
of the state;	478

(c) Good faith efforts have been made to collect the debt	479
owed.	480

(C) The auditor of state shall maintain a database,	481
accessible to the public, listing persons who owe an unresolved	482
debt to the state and the amount of the unresolved debt. The	483
auditor of state shall have this database operational on or before	484
January 1, 2004. The initial database shall contain the	485
information required under division (C) of this section for	486
calendar years 2001, 2002, and 2003.	487

(D) Before awarding a contract for goods, services, or	488
construction, paid for in whole or in part with state funds, a	489
state agency or political subdivision shall verify that the person	490
to whom the state agency or political subdivision plans to award	491
the contract does not appear in the database described in division	492
(C) of this section.	493

(E) As used in this section, "state agency" has the same	494
meaning as in section 9.66 of the Revised Code.	495

Sec. 9.83. (A) The state and any political subdivision may	496
procure a policy or policies of insurance insuring its officers	497
and employees against liability for injury, death, or loss to	498
person or property that arises out of the operation of an	499
automobile, truck, motor vehicle with auxiliary equipment,	500
self-propelling equipment or trailer, aircraft, or watercraft by	501
the officers or employees while engaged in the course of their	502
employment or official responsibilities for the state or the	503
political subdivision. The state is authorized to expend funds to	504
pay judgments that are rendered in any court against its officers	505
or employees and that result from such operation, and is	506
authorized to expend funds to compromise claims for liability	507
against its officers or employees that result from such operation.	508
No insurer shall deny coverage under such a policy, and the state	509
shall not refuse to pay judgments or compromise claims, on the	510
ground that an automobile, truck, motor vehicle with auxiliary	511
equipment, self-propelling equipment or trailer, aircraft, or	512
watercraft was not being used in the course of an officer's or	513
employee's employment or official responsibilities for the state	514
or a political subdivision unless the officer or employee who was	515
operating an automobile, truck, motor vehicle with auxiliary	516
equipment, or self-propelling equipment or trailer is convicted of	517
a violation of section 124.71 of the Revised Code as a result of	518
the same events.	519

(B) ~~Such funds~~Funds shall be reserved as ~~are~~ necessary, in	520
the exercise of sound and prudent actuarial judgment, to cover	521
potential expense, fees, damage, loss, or other liability. The	522
superintendent of insurance may recommend or, if the state	523
requests of the superintendent, shall recommend, a specific amount	524
for any period of time that, in the superintendent's opinion,	525
represents such a judgment.	526

(C) Nothing in this section shall be construed to require the	527
department of administrative services to purchase liability	528
insurance for all state vehicles in a single policy of insurance	529
or to cover all state vehicles under a single plan of	530
self-insurance.	531

(D) Insurance procured by the state pursuant to this section	532
shall be procured as provided in section 125.03 of the Revised	533
Code.	534

(E) For purposes of liability insurance procured under this	535
section to cover the operation of a motor vehicle by a prisoner	536
for whom the insurance is procured, "employee" includes a prisoner	537
in the custody of the department of rehabilitation and correction	538
who is enrolled in a work program that is established by the	539
department pursuant to section 5145.16 of the Revised Code and in	540
which the prisoner is required to operate a motor vehicle, as	541
defined in section 4509.01 of the Revised Code, and who is engaged	542
in the operation of a motor vehicle in the course of the work	543
program.	544

(F) There is hereby created in the state treasury the vehicle	545
liability fund. All contributions collected by the director of	546
administrative services under division (I) of this section shall	547
be deposited into the fund. The fund shall be used to provide	548
insurance and self-insurance for the state under this section. All	549
investment earnings of the fund shall be credited to it.	550

(G) The director of administrative services, through the	551
office of risk management, shall operate the vehicle liability	552
fund on an actuarially sound basis.	553

(H) Reserves shall be maintained in the vehicle liability	554
fund in any amount that is necessary and adequate, in the exercise	555
of sound and prudent actuarial judgment, to cover potential	556
liability claims, expenses, fees, or damages. Money in the fund	557
may be applied to the payment of liability claims that are filed	558
against the state in the court of claims and determined in the	559
manner provided in Chapter 2743. of the Revised Code. The director	560
of administrative services may procure the services of a qualified	561
actuarial firm for the purpose of recommending the specific amount	562
of money that is required to maintain adequate reserves for a	563
specified period of time.	564

(I) The director of administrative services shall collect	565
from each state agency or any participating state body its	566
contribution to the vehicle liability fund for the purpose of	567
purchasing insurance or administering self-insurance programs for	568
coverage authorized under this section. The amount of the	569
contribution shall be determined by the director, with the	570
approval of the director of budget and management. It shall be	571
based upon actuarial assumptions and the relative risk and loss	572
experience of each state agency or participating state body. The	573
amount of the contribution also shall include a reasonable sum to	574
cover administrative costs of the department of administrative	575
services.	576

Sec. 101.34. (A) There is hereby created a joint legislative	577
ethics committee to serve the general assembly. The committee	578
shall be composed of twelve members, six each from the two major	579
political parties, and each member shall serve on the committee	580
during the member's term as a member of that general assembly. Six	581
members of the committee shall be members of the house of	582
representatives appointed by the speaker of the house of	583
representatives, not more than three from the same political	584
party, and six members of the committee shall be members of the	585
senate appointed by the president of the senate, not more than	586
three from the same political party. A vacancy in the committee	587
shall be filled for the unexpired term in the same manner as an	588
original appointment. The members of the committee shall be	589
appointed within fifteen days after the first day of the first	590
regular session of each general assembly and the committee shall	591
meet and proceed to recommend an ethics code not later than thirty	592
days after the first day of the first regular session of each	593
general assembly.	594

In the first regular session of each general assembly, the	595
speaker of the house of representatives shall appoint the	596
chairperson of the committee from among the house members of the	597
committee and the president of the senate shall appoint the	598
vice-chairperson of the committee from among the senate members of	599
the committee. In the second regular session of each general	600
assembly, the president of the senate shall appoint the	601
chairperson of the committee from among the senate members of the	602
committee and the speaker of the house of representatives shall	603
appoint the vice-chairperson of the committee from among the house	604
members of the committee. The chairperson, vice-chairperson, and	605
members of the committee shall serve until their respective	606
successors are appointed or until they are no longer members of	607
the general assembly.	608

The committee shall meet at the call of the chairperson or	609
upon the written request of seven members of the committee.	610

(B) The joint legislative ethics committee:

611

(1) Shall recommend a code of ethics which is consistent with	612
law to govern all members and employees of each house of the	613
general assembly and all candidates for the office of member of	614
each house;	615

(2) May receive and hear any complaint which alleges a breach	616
of any privilege of either house, or misconduct of any member,	617
employee, or candidate, or any violation of the appropriate code	618
of ethics;	619

(3) May obtain information with respect to any complaint	620
filed pursuant to this section and to that end may enforce the	621
attendance and testimony of witnesses, and the production of books	622
and papers;	623

(4) May recommend whatever sanction is appropriate with	624
respect to a particular member, employee, or candidate as will	625
best maintain in the minds of the public a good opinion of the	626
conduct and character of members and employees of the general	627
assembly;	628

(5) May recommend legislation to the general assembly	629
relating to the conduct and ethics of members and employees of and	630
candidates for the general assembly;	631

(6) Shall employ an executive director for the committee and	632
may employ such other staff as the committee determines necessary	633
to assist it in exercising its powers and duties. The executive	634
director and staff of the committee shall be known as the office	635
of legislative inspector general. At least one member of the staff	636
of the committee shall be an attorney at law licensed to practice	637
law in this state. The appointment and removal of the executive	638
director shall require the approval of at least eight members of	639
the committee.	640

(7) May employ a special counsel to assist the committee in	641
exercising its powers and duties. The appointment and removal of a	642
special counsel shall require the approval of at least eight	643
members of the committee.	644

(8) Shall act as an advisory body to the general assembly and	645
to individual members, candidates, and employees on questions	646
relating to ethics, possible conflicts of interest, and financial	647
disclosure;	648

(9) Shall provide for the proper forms on which the statement	649
required pursuant to section 102.02 of the Revised Code shall be	650
filed and instructions as to the filing of the statement;	651

(10) Exercise the powers and duties prescribed under sections	652
101.70 to 101.79 and 121.60 to 121.69 of the Revised Code;	653

(11) Adopt in accordance with section 111.15 of the Revised	654
Code any rules that are necessary to implement and clarify Chapter	655
102. and sections 2921.42 and 2921.43 of the Revised Code.	656

(C) There is hereby created in the state treasury the joint	657
legislative ethics committee fund. ~~All money collected from~~	658
~~registration fees and late filing fees prescribed under sections~~	659
~~101.72 and 121.62 of the Revised Code shall be deposited into the~~	660
~~state treasury to the credit of the fund.~~ Money credited to the	661
fund and any interest and earnings from the fund shall be used	662
solely for the operation of the joint legislative ethics committee	663
and the office of legislative inspector general and for the	664
purchase of data storage and computerization facilities for the	665
statements filed with the joint committee under sections 101.73,	666
101.74, 121.63, and 121.64 of the Revised Code.	667

(D) The chairperson of the joint committee shall issue a	668
written report, not later than the thirty-first day of January of	669
each year, to the speaker and minority leader of the house of	670
representatives and to the president and minority leader of the	671
senate that lists the number of committee meetings and	672
investigations the committee conducted during the immediately	673
preceding calendar year and the number of advisory opinions it	674
issued during the immediately preceding calendar year.	675

(E) Any investigative report that contains facts and findings	676
regarding a complaint filed with the committee and that is	677
prepared by the staff of the committee or a special counsel to the	678
committee shall become a public record upon its acceptance by a	679
vote of the majority of the members of the committee, except for	680
any names of specific individuals and entities contained in the	681
report. If the committee recommends disciplinary action or reports	682
its findings to the appropriate prosecuting authority for	683
proceedings in prosecution of the violations alleged in the	684
complaint, the investigatory report regarding the complaint shall	685
become a public record in its entirety.	686

(F)(1) Any file obtained by or in the possession of the	687
former house ethics committee or former senate ethics committee	688
shall become the property of the joint legislative ethics	689
committee. Any such file is confidential if either of the	690
following applies:	691

(a) It is confidential under section 102.06 of the Revised	692
Code or the legislative code of ethics.	693

(b) If the file was obtained from the former house ethics	694
committee or from the former senate ethics committee, it was	695
confidential under any statute or any provision of a code of	696
ethics that governed the file.	697

(2) As used in this division, "file" includes, but is not	698
limited to, evidence, documentation, or any other tangible thing.	699

Sec. 101.72. (A) Each legislative agent and employer, within	700
ten days following an engagement of a legislative agent, shall	701
file with the joint legislative ethics committee an initial	702
registration statement showing all of the following:	703

(1) The name, business address, and occupation of the	704
legislative agent;	705

(2) The name and business address of the employer and the	706
real party in interest on whose behalf the legislative agent is	707
actively advocating, if it is different from the employer. For the	708
purposes of division (A) of this section, where a trade	709
association or other charitable or fraternal organization that is	710
exempt from federal income taxation under subsection 501(c) of the	711
federal Internal Revenue Code is the employer, the statement need	712
not list the names and addresses of each member of the association	713
or organization, so long as the association or organization itself	714
is listed.	715

(3) A brief description of the type of legislation to which	716
the engagement relates.	717

(B) In addition to the initial registration statement	718
required by division (A) of this section, each legislative agent	719
and employer shall file with the joint committee, not later than	720
the last day of January, May, and September of each year, an	721
updated registration statement that confirms the continuing	722
existence of each engagement described in an initial registration	723
statement and that lists the specific bills or resolutions on	724
which the agent actively advocated under that engagement during	725
the period covered by the updated statement, and with it any	726
statement of expenditures required to be filed by section 101.73	727
of the Revised Code and any details of financial transactions	728
required to be filed by section 101.74 of the Revised Code.	729

(C) If a legislative agent is engaged by more than one	730
employer, the agent shall file a separate initial and updated	731
registration statement for each engagement. If an employer engages	732
more than one legislative agent, the employer need file only one	733
updated registration statement under division (B) of this section,	734
which shall contain the information required by division (B) of	735
this section regarding all of the legislative agents engaged by	736
the employer.	737

(D)(1) A change in any information required by division	738
(A)(1), (2), or (B) of this section shall be reflected in the next	739
updated registration statement filed under division (B) of this	740
section.	741

(2) Within thirty days after the termination of an	742
engagement, the legislative agent who was employed under the	743
engagement shall send written notification of the termination to	744
the joint committee.	745

(E) Except as otherwise provided in this division, a	746
registration fee of ~~ten~~twenty-five dollars shall be charged for	747
filing an initial registration statement. All money collected from	748
registration fees under this division and late filing fees under	749
division (G) of this section shall be deposited ~~to the credit of~~	750
~~the joint legislative ethics committee fund created under section~~	751
~~101.34 of the Revised Code~~into the general revenue fund of the	752
state.	753

An officer or employee of a state agency who actively	754
advocates in a fiduciary capacity as a representative of that	755
state agency need not pay the registration fee prescribed by this	756
division or file expenditure statements under section 101.73 of	757
the Revised Code. As used in this division, "state agency" does	758
not include a state institution of higher education as defined in	759
section 3345.011 of the Revised Code.	760

(F) Upon registration pursuant to division (A) of this	761
section, the legislative agent shall be issued a card by the joint	762
committee showing that the legislative agent is registered. The	763
registration card and the legislative agent's registration shall	764
be valid from the date of their issuance until the next	765
thirty-first day of December of an even-numbered year.	766

(G) The executive director of the joint committee shall be	767
responsible for reviewing each registration statement filed with	768
the joint committee under this section and for determining whether	769
the statement contains all of the information required by this	770
section. If the joint committee determines that the registration	771
statement does not contain all of the required information or that	772
a legislative agent or employer has failed to file a registration	773
statement, the joint committee shall send written notification by	774
certified mail to the person who filed the registration statement	775
regarding the deficiency in the statement or to the person who	776
failed to file the registration statement regarding the failure.	777
Any person so notified by the joint committee shall, not later	778
than fifteen days after receiving the notice, file a registration	779
statement or an amended registration statement that does contain	780
all of the information required by this section. If any person who	781
receives a notice under this division fails to file a registration	782
statement or such an amended registration statement within this	783
fifteen-day period, the joint committee shall assess a late filing	784
fee equal to twelve dollars and fifty cents per day, up to a	785
maximum of one hundred dollars, upon that person. The joint	786
committee may waive the late filing fee for good cause shown.	787

(H) On or before the fifteenth day of March of each year, the	788
joint committee shall, in the manner and form that it determines,	789
publish a report containing statistical information on the	790
registration statements filed with it under this section during	791
the preceding year.	792

Sec. 101.82. As used in sections 101.82 to 101.87 of the	793
Revised Code:	794

(A) "Agency" means any board, commission, committee, or	795
council, or any other similar state public body required to be	796
established pursuant to state statutes for the exercise of any	797
function of state government and to which members are appointed or	798
elected. "Agency" does not include the following:	799

(1) The general assembly, or any commission, committee, or	800
other body composed entirely of members ~~thereof~~of the general	801
assembly;	802

(2) Any court;

803

(3) Any public body created by or directly pursuant to the	804
constitution of this state;	805

(4) The board of trustees of any institution of higher	806
education financially supported in whole or in part by the state;	807

(5) Any public body that has the authority to issue bonds or	808
notes or that has issued bonds or notes that have not been fully	809
repaid;	810

(6) The public utilities commission of Ohio;

811

(7) The consumers' council governing board;

812

(8) The Ohio board of regents;

813

(9) Any state board or commission that has the authority to	814
issue any final adjudicatory order that may be appealed to the	815
court of common pleas under Chapter 119. of the Revised Code;	816

(10) Any board of elections;

817

(11) The board of directors of the Ohio insurance guaranty	818
association and the board of governors of the Ohio fair plan	819
underwriting association;	820

(12) The Ohio public employees deferred compensation board;

821

(13) The Ohio retirement study council;

822

(14) The board of trustees of the Ohio police and fire	823
pension fund, public employees retirement board, school employees	824
retirement board, state highway patrol retirement board, and state	825
teachers retirement board;	826

(15) The industrial commission.

827

(B) "Abolish" means to repeal the statutes creating and	828
empowering an agency, remove its personnel, and transfer its	829
records to the department of administrative services pursuant to	830
division ~~(H)~~(E) of section 149.331 of the Revised Code.	831

(C) "Terminate" means to amend or repeal the statutes	832
creating and empowering an agency, remove its personnel, and	833
reassign its functions and records to another agency or officer	834
designated by the general assembly.	835

(D) "Transfer" means to amend the statutes creating and	836
empowering an agency so that its functions, records, and personnel	837
are conveyed to another agency or officer.	838

(E) "Renew" means to continue an agency, and may include	839
amendment of the statutes creating and empowering the agency, or	840
recommendations for changes in agency operation or personnel.	841

Sec. 102.02. (A) Except as otherwise provided in division	842
(H) of this section, every person who is elected to or is a	843
candidate for a state, county, or city office, or the office of	844
member of the United States congress, and every person who is	845
appointed to fill a vacancy for an unexpired term in such an	846
elective office; all members of the state board of education; the	847
director, assistant directors, deputy directors, division chiefs,	848
or persons of equivalent rank of any administrative department of	849
the state; the president or other chief administrative officer of	850
every state institution of higher education as defined in section	851
3345.011 of the Revised Code; the chief executive officer of each	852
state retirement system; all members of the board of commissioners	853
on grievances and discipline of the supreme court and the ethics	854
commission created under section 102.05 of the Revised Code; every	855
business manager, treasurer, or superintendent of a city, local,	856
exempted village, joint vocational, or cooperative education	857
school district or an educational service center; every person who	858
is elected to or is a candidate for the office of member of a	859
board of education of a city, local, exempted village, joint	860
vocational, or cooperative education school district or of a	861
governing board of an educational service center that has a total	862
student count of twelve thousand or more as most recently	863
determined by the department of education pursuant to section	864
3317.03 of the Revised Code; every person who is appointed to the	865
board of education of a municipal school district pursuant to	866
division (B) or (F) of section 3311.71 of the Revised Code; all	867
members of the board of directors of a sanitary district	868
established under Chapter 6115. of the Revised Code and organized	869
wholly for the purpose of providing a water supply for domestic,	870
municipal, and public use that includes two municipal corporations	871
in two counties; every public official or employee who is paid a	872
salary or wage in accordance with schedule C of section 124.15 or	873
schedule E-2 of section 124.152 of the Revised Code; members of	874
the board of trustees and the executive director of the tobacco	875
use prevention and control foundation; members of the board of	876
trustees and the executive director of the southern Ohio	877
agricultural and community development foundation; and every other	878
public official or employee who is designated by the appropriate	879
ethics commission pursuant to division (B) of this section shall	880
file with the appropriate ethics commission on a form prescribed	881
by the commission, a statement disclosing all of the following:	882

(1) The name of the person filing the statement and each	883
member of the person's immediate family and all names under which	884
the person or members of the person's immediate family do	885
business;	886

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	887
and except as otherwise provided in section 102.022 of the Revised	888
Code, identification of every source of income, other than income	889
from a legislative agent identified in division (A)(2)(b) of this	890
section, received during the preceding calendar year, in the	891
person's own name or by any other person for the person's use or	892
benefit, by the person filing the statement, and a brief	893
description of the nature of the services for which the income was	894
received. If the person filing the statement is a member of the	895
general assembly, the statement shall identify the amount of every	896
source of income received in accordance with the following ranges	897
of amounts: zero or more, but less than one thousand dollars; one	898
thousand dollars or more, but less than ten thousand dollars; ten	899
thousand dollars or more, but less than twenty-five thousand	900
dollars; twenty-five thousand dollars or more, but less than fifty	901
thousand dollars; fifty thousand dollars or more, but less than	902
one hundred thousand dollars; and one hundred thousand dollars or	903
more. Division (A)(2)(a) of this section shall not be construed to	904
require a person filing the statement who derives income from a	905
business or profession to disclose the individual items of income	906
that constitute the gross income of that business or profession,	907
except for those individual items of income that are attributable	908
to the person's or, if the income is shared with the person, the	909
partner's, solicitation of services or goods or performance,	910
arrangement, or facilitation of services or provision of goods on	911
behalf of the business or profession of clients, including	912
corporate clients, who are legislative agents as defined in	913
section 101.70 of the Revised Code. A person who files the	914
statement under this section shall disclose the identity of and	915
the amount of income received from a person who the public	916
official or employee knows or has reason to know is doing or	917
seeking to do business of any kind with the public official's or	918
employee's agency.	919

(b) If the person filing the statement is a member of the	920
general assembly, the statement shall identify every source of	921
income and the amount of that income that was received from a	922
legislative agent, as defined in section 101.70 of the Revised	923
Code, during the preceding calendar year, in the person's own name	924
or by any other person for the person's use or benefit, by the	925
person filing the statement, and a brief description of the nature	926
of the services for which the income was received. Division	927
(A)(2)(b) of this section requires the disclosure of clients of	928
attorneys or persons licensed under section 4732.12 of the Revised	929
Code, or patients of persons certified under section 4731.14 of	930
the Revised Code, if those clients or patients are legislative	931
agents. Division (A)(2)(b) of this section requires a person	932
filing the statement who derives income from a business or	933
profession to disclose those individual items of income that	934
constitute the gross income of that business or profession that	935
are received from legislative agents.	936

(c) Except as otherwise provided in division (A)(2)(c) of	937
this section, division (A)(2)(a) of this section applies to	938
attorneys, physicians, and other persons who engage in the	939
practice of a profession and who, pursuant to a section of the	940
Revised Code, the common law of this state, a code of ethics	941
applicable to the profession, or otherwise, generally are required	942
not to reveal, disclose, or use confidences of clients, patients,	943
or other recipients of professional services except under	944
specified circumstances or generally are required to maintain	945
those types of confidences as privileged communications except	946
under specified circumstances. Division (A)(2)(a) of this section	947
does not require an attorney, physician, or other professional	948
subject to a confidentiality requirement as described in division	949
(A)(2)(c) of this section to disclose the name, other identity, or	950
address of a client, patient, or other recipient of professional	951
services if the disclosure would threaten the client, patient, or	952
other recipient of professional services, would reveal details of	953
the subject matter for which legal, medical, or professional	954
advice or other services were sought, or would reveal an otherwise	955
privileged communication involving the client, patient, or other	956
recipient of professional services. Division (A)(2)(a) of this	957
section does not require an attorney, physician, or other	958
professional subject to a confidentiality requirement as described	959
in division (A)(2)(c) of this section to disclose in the brief	960
description of the nature of services required by division	961
(A)(2)(a) of this section any information pertaining to specific	962
professional services rendered for a client, patient, or other	963
recipient of professional services that would reveal details of	964
the subject matter for which legal, medical, or professional	965
advice was sought or would reveal an otherwise privileged	966
communication involving the client, patient, or other recipient of	967
professional services.	968

(3) The name of every corporation on file with the secretary	969
of state that is incorporated in this state or holds a certificate	970
of compliance authorizing it to do business in this state, trust,	971
business trust, partnership, or association that transacts	972
business in this state in which the person filing the statement or	973
any other person for the person's use and benefit had during the	974
preceding calendar year an investment of over one thousand dollars	975
at fair market value as of the thirty-first day of December of the	976
preceding calendar year, or the date of disposition, whichever is	977
earlier, or in which the person holds any office or has a	978
fiduciary relationship, and a description of the nature of the	979
investment, office, or relationship. Division (A)(3) of this	980
section does not require disclosure of the name of any bank,	981
savings and loan association, credit union, or building and loan	982
association with which the person filing the statement has a	983
deposit or a withdrawable share account.	984

(4) All fee simple and leasehold interests to which the	985
person filing the statement holds legal title to or a beneficial	986
interest in real property located within the state, excluding the	987
person's residence and property used primarily for personal	988
recreation;	989

(5) The names of all persons residing or transacting business	990
in the state to whom the person filing the statement owes, in the	991
person's own name or in the name of any other person, more than	992
one thousand dollars. Division (A)(5) of this section shall not be	993
construed to require the disclosure of debts owed by the person	994
resulting from the ordinary conduct of a business or profession or	995
debts on the person's residence or real property used primarily	996
for personal recreation, except that the superintendent of	997
financial institutions shall disclose the names of all	998
state-chartered savings and loan associations and of all service	999
corporations subject to regulation under division (E)(2) of	1000
section 1151.34 of the Revised Code to whom the superintendent in	1001
the superintendent's own name or in the name of any other person	1002
owes any money, and that the superintendent and any deputy	1003
superintendent of banks shall disclose the names of all	1004
state-chartered banks and all bank subsidiary corporations subject	1005
to regulation under section 1109.44 of the Revised Code to whom	1006
the superintendent or deputy superintendent owes any money.	1007

(6) The names of all persons residing or transacting business	1008
in the state, other than a depository excluded under division	1009
(A)(3) of this section, who owe more than one thousand dollars to	1010
the person filing the statement, either in the person's own name	1011
or to any person for the person's use or benefit. Division (A)(6)	1012
of this section shall not be construed to require the disclosure	1013
of clients of attorneys or persons licensed under section 4732.12	1014
or 4732.15 of the Revised Code, or patients of persons certified	1015
under section 4731.14 of the Revised Code, nor the disclosure of	1016
debts owed to the person resulting from the ordinary conduct of a	1017
business or profession.	1018

(7) Except as otherwise provided in section 102.022 of the	1019
Revised Code, the source of each gift of over seventy-five	1020
dollars, or of each gift of over twenty-five dollars received by a	1021
member of the general assembly from a legislative agent, received	1022
by the person in the person's own name or by any other person for	1023
the person's use or benefit during the preceding calendar year,	1024
except gifts received by will or by virtue of section 2105.06 of	1025
the Revised Code, or received from spouses, parents, grandparents,	1026
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	1027
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	1028
fathers-in-law, mothers-in-law, or any person to whom the person	1029
filing the statement stands in loco parentis, or received by way	1030
of distribution from any inter vivos or testamentary trust	1031
established by a spouse or by an ancestor;	1032

(8) Except as otherwise provided in section 102.022 of the	1033
Revised Code, identification of the source and amount of every	1034
payment of expenses incurred for travel to destinations inside or	1035
outside this state that is received by the person in the person's	1036
own name or by any other person for the person's use or benefit	1037
and that is incurred in connection with the person's official	1038
duties, except for expenses for travel to meetings or conventions	1039
of a national or state organization to which any state agency,	1040
including, but not limited to, any legislative agency or state	1041
institution of higher education as defined in section 3345.011 of	1042
the Revised Code, pays membership dues, or any political	1043
subdivision or any office or agency of a political subdivision	1044
pays membership dues;	1045

(9) Except as otherwise provided in section 102.022 of the	1046
Revised Code, identification of the source of payment of expenses	1047
for meals and other food and beverages, other than for meals and	1048
other food and beverages provided at a meeting at which the person	1049
participated in a panel, seminar, or speaking engagement or at a	1050
meeting or convention of a national or state organization to which	1051
any state agency, including, but not limited to, any legislative	1052
agency or state institution of higher education as defined in	1053
section 3345.011 of the Revised Code, pays membership dues, or any	1054
political subdivision or any office or agency of a political	1055
subdivision pays membership dues, that are incurred in connection	1056
with the person's official duties and that exceed one hundred	1057
dollars aggregated per calendar year;	1058

(10) If the financial disclosure statement is filed by a	1059
public official or employee described in division (B)(2) of	1060
section 101.73 of the Revised Code or division (B)(2) of section	1061
121.63 of the Revised Code who receives a statement from a	1062
legislative agent, executive agency lobbyist, or employer that	1063
contains the information described in division (F)(2) of section	1064
101.73 of the Revised Code or division (G)(2) of section 121.63 of	1065
the Revised Code, all of the nondisputed information contained in	1066
the statement delivered to that public official or employee by the	1067
legislative agent, executive agency lobbyist, or employer under	1068
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	1069
the Revised Code. As used in division (A)(10) of this section,	1070
"legislative agent," "executive agency lobbyist," and "employer"	1071
have the same meanings as in sections 101.70 and 121.60 of the	1072
Revised Code.	1073

A person may file a statement required by this section in	1074
person or by mail. A person who is a candidate for elective office	1075
shall file the statement no later than the thirtieth day before	1076
the primary, special, or general election at which the candidacy	1077
is to be voted on, whichever election occurs soonest, except that	1078
a person who is a write-in candidate shall file the statement no	1079
later than the twentieth day before the earliest election at which	1080
the person's candidacy is to be voted on. A person who holds	1081
elective office shall file the statement on or before the	1082
fifteenth day of April of each year unless the person is a	1083
candidate for office. A person who is appointed to fill a vacancy	1084
for an unexpired term in an elective office shall file the	1085
statement within fifteen days after the person qualifies for	1086
office. Other persons shall file an annual statement on or before	1087
the fifteenth day of April or, if appointed or employed after that	1088
date, within ninety days after appointment or employment. No	1089
person shall be required to file with the appropriate ethics	1090
commission more than one statement or pay more than one filing fee	1091
for any one calendar year.	1092

The appropriate ethics commission, for good cause, may extend	1093
for a reasonable time the deadline for filing a statement under	1094
this section.	1095

A statement filed under this section is subject to public	1096
inspection at locations designated by the appropriate ethics	1097
commission except as otherwise provided in this section.	1098

(B) The Ohio ethics commission, the joint legislative ethics	1099
committee, and the board of commissioners on grievances and	1100
discipline of the supreme court, using the rule-making procedures	1101
of Chapter 119. of the Revised Code, may require any class of	1102
public officials or employees under its jurisdiction and not	1103
specifically excluded by this section whose positions involve a	1104
substantial and material exercise of administrative discretion in	1105
the formulation of public policy, expenditure of public funds,	1106
enforcement of laws and rules of the state or a county or city, or	1107
the execution of other public trusts, to file an annual statement	1108
on or before the fifteenth day of April under division (A) of this	1109
section. The appropriate ethics commission shall send the public	1110
officials or employees written notice of the requirement by the	1111
fifteenth day of February of each year the filing is required	1112
unless the public official or employee is appointed after that	1113
date, in which case the notice shall be sent within thirty days	1114
after appointment, and the filing shall be made not later than	1115
ninety days after appointment.	1116

Except for disclosure statements filed by members of the	1117
board of trustees and the executive director of the tobacco use	1118
prevention and control foundation and members of the board of	1119
trustees and the executive director of the southern Ohio	1120
agricultural and community development foundation, disclosure	1121
statements filed under this division with the Ohio ethics	1122
commission by members of boards, commissions, or bureaus of the	1123
state for which no compensation is received other than reasonable	1124
and necessary expenses shall be kept confidential. Disclosure	1125
statements filed with the Ohio ethics commission under division	1126
(A) of this section by business managers, treasurers, and	1127
superintendents of city, local, exempted village, joint	1128
vocational, or cooperative education school districts or	1129
educational service centers shall be kept confidential, except	1130
that any person conducting an audit of any such school district or	1131
educational service center pursuant to section 115.56 or Chapter	1132
117. of the Revised Code may examine the disclosure statement of	1133
any business manager, treasurer, or superintendent of that school	1134
district or educational service center. The Ohio ethics commission	1135
shall examine each disclosure statement required to be kept	1136
confidential to determine whether a potential conflict of interest	1137
exists for the person who filed the disclosure statement. A	1138
potential conflict of interest exists if the private interests of	1139
the person, as indicated by the person's disclosure statement,	1140
might interfere with the public interests the person is required	1141
to serve in the exercise of the person's authority and duties in	1142
the person's office or position of employment. If the commission	1143
determines that a potential conflict of interest exists, it shall	1144
notify the person who filed the disclosure statement and shall	1145
make the portions of the disclosure statement that indicate a	1146
potential conflict of interest subject to public inspection in the	1147
same manner as is provided for other disclosure statements. Any	1148
portion of the disclosure statement that the commission determines	1149
does not indicate a potential conflict of interest shall be kept	1150
confidential by the commission and shall not be made subject to	1151
public inspection, except as is necessary for the enforcement of	1152
Chapters 102. and 2921. of the Revised Code and except as	1153
otherwise provided in this division.	1154

(C) No person shall knowingly fail to file, on or before the	1155
applicable filing deadline established under this section, a	1156
statement that is required by this section.	1157

(D) No person shall knowingly file a false statement that is	1158
required to be filed under this section.	1159

(E)(1) Except as provided in divisions (E)(2) and (3) of this	1160
section, the statement required by division (A) or (B) of this	1161
section shall be accompanied by a filing fee of ~~twenty-five~~forty	1162
dollars.	1163

(2) The statement required by division (A) of this section	1164
shall be accompanied by athe following filing fee to be paid by	1165
the person who is elected or appointed to, or is a candidate for,	1166
any of the following offices:	1167

For state office, except member of the		1168
state board of education	$50 65	1169
For office of member of United States		1170
congress or member of general assembly	$25 40	1171
For county office	$25 40	1172
For city office	$10 25	1173
For office of member of the state board		1174
of education	$20 25	1175
For office of member of a city, local,		1176
exempted village, or cooperative		1177
education board of		1178
education or educational service		1179
center governing board	$ 5 20	1180
For position of business manager,		1181
treasurer, or superintendent of a		1182
city, local, exempted village, joint		1183
vocational, or cooperative education		1184
school district or		1185
educational service center	$ 5 20	1186

(3) No judge of a court of record or candidate for judge of a	1187
court of record, and no referee or magistrate serving a court of	1188
record, shall be required to pay the fee required under division	1189
(E)(1) or (2) or (F) of this section.	1190

(4) For any public official who is appointed to a nonelective	1191
office of the state and for any employee who holds a nonelective	1192
position in a public agency of the state, the state agency that is	1193
the primary employer of the state official or employee shall pay	1194
the fee required under division (E)(1) or (F) of this section.	1195

(F) If a statement required to be filed under this section is	1196
not filed by the date on which it is required to be filed, the	1197
appropriate ethics commission shall assess the person required to	1198
file the statement a late filing fee ~~equal to one-half~~ of ~~the~~	1199
~~applicable filing fee~~ten dollars for each day the statement is	1200
not filed, except that the total amount of the late filing fee	1201
shall not exceed ~~one~~two hundred fifty dollars.	1202

(G)(1) The appropriate ethics commission other than the Ohio	1203
ethics commission shall deposit all fees it receives under	1204
divisions (E) and (F) of this section into the general revenue	1205
fund of the state.	1206

(2) The Ohio ethics commission shall deposit all receipts,	1207
including, but not limited to, fees it receives under divisions	1208
(E) and (F) of this section and all moneys it receives from	1209
settlements under division (G) of section 102.06 of the Revised	1210
Code, into the Ohio ethics commission fund, which is hereby	1211
created in the state treasury. All moneys credited to the fund	1212
shall be used solely for expenses related to the operation and	1213
statutory functions of the commission.	1214

(H) Division (A) of this section does not apply to a person	1215
elected or appointed to the office of precinct, ward, or district	1216
committee member under Chapter 3517. of the Revised Code; a	1217
presidential elector; a delegate to a national convention; village	1218
or township officials and employees; any physician or psychiatrist	1219
who is paid a salary or wage in accordance with schedule C of	1220
section 124.15 or schedule E-2 of section 124.152 of the Revised	1221
Code and whose primary duties do not require the exercise of	1222
administrative discretion; or any member of a board, commission,	1223
or bureau of any county or city who receives less than one	1224
thousand dollars per year for serving in that position.	1225

Sec. 107.12. (A) As used in this section, "organization"	1226
means a faith-based or other organization that is exempt from	1227
federal income taxation under section 501(c)(3) of the Internal	1228
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended, and	1229
provides charitable services to needy residents of this state.	1230

(B) There is hereby established within the office of the	1231
governor the governor's office for faith-based nonprofit and other	1232
nonprofit organizations. The office shall:	1233

(1) Serve as a clearinghouse of information on federal,	1234
state, and local funding for charitable services performed by	1235
organizations;	1236

(2) Encourage organizations to seek public funding for their	1237
charitable services;	1238

(3) Act as a liaison between state agencies and	1239
organizations;	1240

(4) Advise the governor, general assembly, and the advisory	1241
board of the governor's office for faith-based nonprofit or other	1242
nonprofit organizations on the barriers that exist to	1243
collaboration between organizations and governmental entities and	1244
on ways to remove the barriers.	1245

(C) The governor shall appoint an executive assistant to	1246
manage the office and perform or oversee the performance of the	1247
duties of the office.	1248

(D)(1) There is hereby created the advisory board of the	1249
governor's office for faith-based nonprofit and other nonprofit	1250
organizations. The board shall consist of members appointed as	1251
follows:	1252

(a) The directors of aging, alcohol and drug addiction	1253
services, rehabilitation and correction, health, job and family	1254
services, mental health, and youth services shall each appoint to	1255
the board one employee of that director's department.	1256

(b) The speaker of the house of representatives shall appoint	1257
to the board two members of the house of representatives, not more	1258
than one of whom shall be from the same political party and at	1259
least one of whom shall be from the legislative black caucus. The	1260
speaker of the house of representatives shall consult with the	1261
president of the legislative black caucus in making the	1262
legislative black caucus member appointment. The president of the	1263
senate shall appoint to the board two members of the senate, not	1264
more than one of whom shall be from the same political party.	1265

(c) The governor, speaker of the house of representatives,	1266
and president of the senate shall each appoint to the board three	1267
representatives of the nonprofit, faith-based and other nonprofit	1268
community.	1269

(2) The appointments to the board shall be made within thirty	1270
days after the effective date of this section. Terms of the office	1271
shall be one year. Any vacancy that occurs on the board shall be	1272
filled in the same manner as the original appointment. The members	1273
of the board shall serve without compensation.	1274

(3) At its initial meeting, the board shall elect a	1275
chairperson. The chairperson shall be a member of the board who is	1276
a member of the house of representatives.	1277

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

1278

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

1279

(2) Publish a report of its activities on or before the first	1280
day of August of each year, and deliver copies of the report to	1281
the governor, the speaker and minority leader of the house of	1282
representatives, and the president and minority leader of the	1283
senate.	1284

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

1285

(1) "State institutional facility" means any institution or	1286
other facility, in operation on or after January 1, 2003, for the	1287
housing of any person that is under the control of the department	1288
of rehabilitation and correction, the department of youth	1289
services, the department of mental retardation and developmental	1290
disabilities, the department of mental health, or any other agency	1291
or department of state government.	1292

(2) "Target state agency" means the agency of state	1293
government that operates the institutional facility or facilities	1294
that the governor believes should be closed.	1295

(B) Prior to the closing of a state institutional facility,	1296
the target state agency shall conduct a survey and analysis of the	1297
needs of each client at that facility for the purpose of ensuring	1298
that each client's identified needs during the transition and in	1299
the client's new setting are met. A copy of the analysis, devoid	1300
of any client identifying information, as well as the target state	1301
agency's proposal for meeting the needs of the clients, shall be	1302
submitted to the general assembly in accordance with section	1303
101.68 of the Revised Code at least two months prior to the	1304
closing.	1305

Sec. 107.32. (A) As used in this section and section 107.33	1306
of the Revised Code:	1307

(1) "State institutional facility" means any institution or	1308
other facility for the housing of any person that is under the	1309
control of the department of rehabilitation and correction, the	1310
department of youth services, the department of mental retardation	1311
and developmental disabilities, the department of mental health,	1312
or any other agency or department of state government.	1313

(2) "Target state agency" means the agency of state	1314
government that the governor identifies in a notice provided under	1315
division (C)(1) of this section and that operates an institutional	1316
facility or facilities the governor believes should be closed.	1317

(B) Notwithstanding any other provision of law, the governor	1318
shall not order the closure of any state institutional facility,	1319
for the purpose of expenditure reductions or budget cuts, other	1320
than in accordance with this section.	1321

(C) If the governor determines that necessary expenditure	1322
reductions and budget cuts cannot be made without closing one or	1323
more state institutional facilities, all of the following apply:	1324

(1) The governor shall determine which state agency's	1325
institutional facility or facilities the governor believes should	1326
be closed, shall notify the general assembly and that agency of	1327
that determination, and shall specify in the notice the number of	1328
facilities of that agency that the governor believes should be	1329
closed and the anticipated savings to be obtained through that	1330
closure or those closures.	1331

(2) Upon the governor's provision of the notice described in	1332
division (C)(1) of this section, a state facilities closure	1333
commission shall be created as described in division (D) of this	1334
section regarding the target state agency. Not later than seven	1335
days after the governor provides that notice, the officials with	1336
the duties to appoint members of the commission for the target	1337
state agency, as described in division (D) of this section, shall	1338
appoint the specified members of the commission, and, as soon as	1339
possible after the appointments, the commission shall meet for the	1340
purposes described in that division. Not later than thirty days	1341
after the governor provides the notice described in division	1342
(C)(1) of this section, the state facilities closure commission	1343
shall provide to the general assembly, the governor, and the	1344
target state agency a report that contains the commission's	1345
recommendation as to the state institutional facility or	1346
facilities of the target state agency that the governor may close.	1347
The anticipated savings to be obtained by the commission's	1348
recommendation shall be approximately the same as the anticipated	1349
savings the governor specified in the governor's notice provided	1350
under division (C)(1) of this section, and, if the recommendation	1351
identifies more than one facility, it shall list them in order of	1352
the commission's preference for closure. A state facilities	1353
closure commission created for a particular target state agency	1354
shall make a report only regarding that target state agency and	1355
shall include no recommendations regarding any other state agency	1356
or department in its report.	1357

(3) Upon receipt of the report of the state facilities	1358
closure commission under division (C)(2) of this section for a	1359
target state agency, if the governor still believes that necessary	1360
expenditure reductions and budget cuts cannot be made without	1361
closing one or more state institutional facilities, the governor	1362
may close state institutional facilities of the target state	1363
agency that are identified in the commission's recommendation	1364
contained in the report. Except as otherwise provided in this	1365
division, the governor shall not close any state institutional	1366
facility of the target state agency that is not listed in the	1367
commission's recommendation, and shall not close multiple	1368
institutions in any order other than the order of the commission's	1369
preference as specified in the recommendation. The governor is not	1370
required to follow the recommendation of the commission in closing	1371
an institutional facility if the governor determines that a	1372
significant change in circumstances makes the recommendation	1373
unworkable.	1374

(D) A state facilities closure commission shall be created at	1375
the time and in the manner specified in division (C)(2) of this	1376
section. If more than one state agency or department is a target	1377
state agency, a separate state facilities closure commission shall	1378
be created for each such target state agency. Each commission	1379
consists of eleven members. Three members shall be members of the	1380
house of representatives appointed by the speaker of the house of	1381
representatives, none of the members so appointed may have a state	1382
institutional facility of the target state agency in the member's	1383
district, two of the members so appointed shall be members of the	1384
majority political party in the house of representatives, and one	1385
of the members so appointed shall not be a member of the majority	1386
political party in the house of representatives. Three members	1387
shall be members of the senate appointed by the president of the	1388
senate, none of the members so appointed may have a state	1389
institutional facility of the target state agency in the member's	1390
district, two of the members so appointed shall be members of the	1391
majority political party in the senate, and one of the members so	1392
appointed shall not be a member of the majority political party in	1393
the senate. One member shall be the director of budget and	1394
management. One member shall be the director, or other agency	1395
head, of the target state agency. Two members shall be private	1396
executives with expertise in facility utilization, with one of	1397
these members appointed by the speaker of the house of	1398
representatives and the other appointed by the president of the	1399
senate, and neither of the members so appointed may have a state	1400
institutional facility of the target state agency in the county in	1401
which the member resides. One member shall be a representative of	1402
the Ohio civil service employees' association or other	1403
representative association of the employees of the target state	1404
agency, appointed by the speaker of the house of representatives.	1405
The officials with the duties to appoint members of the commission	1406
shall make the appointments, and the commission shall meet, within	1407
the time periods specified in division (C)(2) of this section. The	1408
members of the commission shall serve without compensation. At the	1409
commission's first meeting, the members shall organize, and	1410
appoint a chairperson and vice-chairperson.	1411

The commission shall determine which state institutional	1412
facility or facilities under the control of the target state	1413
agency for which the commission was created should be closed. In	1414
making this determination, the commission shall, at a minimum,	1415
consider the following factors:	1416

(1) Whether there is a need to reduce the number of	1417
facilities;	1418

(2) The availability of alternate facilities;

1419

(3) The cost effectiveness of the facilities;

1420

(4) The geographic factors associated with each facility and	1421
its proximity to other similar facilities;	1422

(5) The impact of collective bargaining on facility	1423
operations;	1424

(6) The utilization and maximization of resources;

1425

(7) Continuity of the staff and ability to serve the facility	1426
population;	1427

(8) Continuing costs following closure of a facility;

1428

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

1429

(10) Alternatives and opportunities for consolidation with	1430
other facilities.	1431

The commission shall meet as often as necessary to make its	1432
determination, may take testimony and consider all relevant	1433
information, and shall prepare and provide in accordance with	1434
division (C)(2) of this section a report containing its	1435
recommendations. Upon providing the report regarding the target	1436
state agency, the commission shall cease to exist, provided that	1437
another commission shall be created for the same state agency if	1438
the agency is made a target state agency in another report	1439
provided under division (C)(1) of this section and provided that	1440
another commission shall be created for a different state agency	1441
if that other agency is made a target state agency in a report	1442
provided under that division.	1443

Sec. 107.33. Notwithstanding any other provision of law, if	1444
the closure of the particular facility is authorized under section	1445
107.32 of the Revised Code, the governor may terminate any	1446
contract entered into under section 9.06 of the Revised Code for	1447
the private operation and management of any correctional facility	1448
under the control of the department of rehabilitation and	1449
correction, including, but not limited to the initial intensive	1450
program prison established pursuant to section 5120.033 of the	1451
Revised Code as it existed prior to the effective date of this	1452
section, and terminate the operation of, and close that facility.	1453
If the governor terminates a contract for the private operation	1454
and management of a facility, and terminates the operation of, and	1455
closes, the facility as described in this section, inmates in the	1456
facility shall be transferred to another correctional facility	1457
under the control of the department. If the initial intensive	1458
program prison is closed, divisions (G)(2)(a) and (b) of section	1459
2929.13 of the Revised Code have no effect while the facility is	1460
closed.	1461

Sec. 109.57. (A)(1) The superintendent of the bureau of	1462
criminal identification and investigation shall procure from	1463
wherever procurable and file for record photographs, pictures,	1464
descriptions, fingerprints, measurements, and other information	1465
that may be pertinent of all persons who have been convicted of	1466
committing within this state a felony, any crime constituting a	1467
misdemeanor on the first offense and a felony on subsequent	1468
offenses, or any misdemeanor described in division (A)(1)(a) of	1469
section 109.572 of the Revised Code, of all children under	1470
eighteen years of age who have been adjudicated delinquent	1471
children for committing within this state an act that would be a	1472
felony or an offense of violence if committed by an adult or who	1473
have been convicted of or pleaded guilty to committing within this	1474
state a felony or an offense of violence, and of all well-known	1475
and habitual criminals. The person in charge of any county,	1476
multicounty, municipal, municipal-county, or multicounty-municipal	1477
jail or workhouse, community-based correctional facility, halfway	1478
house, alternative residential facility, or state correctional	1479
institution and the person in charge of any state institution	1480
having custody of a person suspected of having committed a felony,	1481
any crime constituting a misdemeanor on the first offense and a	1482
felony on subsequent offenses, or any misdemeanor described in	1483
division (A)(1)(a) of section 109.572 of the Revised Code or	1484
having custody of a child under eighteen years of age with respect	1485
to whom there is probable cause to believe that the child may have	1486
committed an act that would be a felony or an offense of violence	1487
if committed by an adult shall furnish such material to the	1488
superintendent of the bureau. Fingerprints, photographs, or other	1489
descriptive information of a child who is under eighteen years of	1490
age, has not been arrested or otherwise taken into custody for	1491
committing an act that would be a felony or an offense of violence	1492
if committed by an adult, has not been adjudicated a delinquent	1493
child for committing an act that would be a felony or an offense	1494
of violence if committed by an adult, has not been convicted of or	1495
pleaded guilty to committing a felony or an offense of violence,	1496
and is not a child with respect to whom there is probable cause to	1497
believe that the child may have committed an act that would be a	1498
felony or an offense of violence if committed by an adult shall	1499
not be procured by the superintendent or furnished by any person	1500
in charge of any county, multicounty, municipal, municipal-county,	1501
or multicounty-municipal jail or workhouse, community-based	1502
correctional facility, halfway house, alternative residential	1503
facility, or state correctional institution, except as authorized	1504
in section 2151.313 of the Revised Code.	1505

(2) Every clerk of a court of record in this state, other	1506
than the supreme court or a court of appeals, shall send to the	1507
superintendent of the bureau a weekly report containing a summary	1508
of each case involving a felony, involving any crime constituting	1509
a misdemeanor on the first offense and a felony on subsequent	1510
offenses, involving a misdemeanor described in division (A)(1)(a)	1511
of section 109.572 of the Revised Code, or involving an	1512
adjudication in a case in which a child under eighteen years of	1513
age was alleged to be a delinquent child for committing an act	1514
that would be a felony or an offense of violence if committed by	1515
an adult. The clerk of the court of common pleas shall include in	1516
the report and summary the clerk sends under this division all	1517
information described in divisions (A)(2)(a) to (f) of this	1518
section regarding a case before the court of appeals that is	1519
served by that clerk. The summary shall be written on the standard	1520
forms furnished by the superintendent pursuant to division (B) of	1521
this section and shall include the following information:	1522

(a) The incident tracking number contained on the standard	1523
forms furnished by the superintendent pursuant to division (B) of	1524
this section;	1525

(b) The style and number of the case;

1526

1527

(d) The date that the person was convicted of or pleaded	1528
guilty to the offense, adjudicated a delinquent child for	1529
committing the act that would be a felony or an offense of	1530
violence if committed by an adult, found not guilty of the	1531
offense, or found not to be a delinquent child for committing an	1532
act that would be a felony or an offense of violence if committed	1533
by an adult, the date of an entry dismissing the charge, an entry	1534
declaring a mistrial of the offense in which the person is	1535
discharged, an entry finding that the person or child is not	1536
competent to stand trial, or an entry of a nolle prosequi, or the	1537
date of any other determination that constitutes final resolution	1538
of the case;	1539

(e) A statement of the original charge with the section of	1540
the Revised Code that was alleged to be violated;	1541

(f) If the person or child was convicted, pleaded guilty, or	1542
was adjudicated a delinquent child, the sentence or terms of	1543
probation imposed or any other disposition of the offender or the	1544
delinquent child.	1545

If the offense involved the disarming of a law enforcement	1546
officer or an attempt to disarm a law enforcement officer, the	1547
clerk shall clearly state that fact in the summary, and the	1548
superintendent shall ensure that a clear statement of that fact is	1549
placed in the bureau's records.	1550

(3) The superintendent shall cooperate with and assist	1551
sheriffs, chiefs of police, and other law enforcement officers in	1552
the establishment of a complete system of criminal identification	1553
and in obtaining fingerprints and other means of identification of	1554
all persons arrested on a charge of a felony, any crime	1555
constituting a misdemeanor on the first offense and a felony on	1556
subsequent offenses, or a misdemeanor described in division	1557
(A)(1)(a) of section 109.572 of the Revised Code and of all	1558
children under eighteen years of age arrested or otherwise taken	1559
into custody for committing an act that would be a felony or an	1560
offense of violence if committed by an adult. The superintendent	1561
also shall file for record the fingerprint impressions of all	1562
persons confined in a county, multicounty, municipal,	1563
municipal-county, or multicounty-municipal jail or workhouse,	1564
community-based correctional facility, halfway house, alternative	1565
residential facility, or state correctional institution for the	1566
violation of state laws and of all children under eighteen years	1567
of age who are confined in a county, multicounty, municipal,	1568
municipal-county, or multicounty-municipal jail or workhouse,	1569
community-based correctional facility, halfway house, alternative	1570
residential facility, or state correctional institution or in any	1571
facility for delinquent children for committing an act that would	1572
be a felony or an offense of violence if committed by an adult,	1573
and any other information that the superintendent may receive from	1574
law enforcement officials of the state and its political	1575
subdivisions.	1576

(4) The superintendent shall carry out Chapter 2950. of the	1577
Revised Code with respect to the registration of persons who are	1578
convicted of or plead guilty to a sexually oriented offense and	1579
with respect to all other duties imposed on the bureau under that	1580
chapter.	1581

(B) The superintendent shall prepare and furnish to every	1582
county, multicounty, municipal, municipal-county, or	1583
multicounty-municipal jail or workhouse, community-based	1584
correctional facility, halfway house, alternative residential	1585
facility, or state correctional institution and to every clerk of	1586
a court in this state specified in division (A)(2) of this section	1587
standard forms for reporting the information required under	1588
division (A) of this section. The standard forms that the	1589
superintendent prepares pursuant to this division may be in a	1590
tangible format, in an electronic format, or in both tangible	1591
formats and electronic formats.	1592

(C) The superintendent may operate a center for electronic,	1593
automated, or other data processing for the storage and retrieval	1594
of information, data, and statistics pertaining to criminals and	1595
to children under eighteen years of age who are adjudicated	1596
delinquent children for committing an act that would be a felony	1597
or an offense of violence if committed by an adult, criminal	1598
activity, crime prevention, law enforcement, and criminal justice,	1599
and may establish and operate a statewide communications network	1600
to gather and disseminate information, data, and statistics for	1601
the use of law enforcement agencies. The superintendent may	1602
gather, store, retrieve, and disseminate information, data, and	1603
statistics that pertain to children who are under eighteen years	1604
of age and that are gathered pursuant to sections 109.57 to 109.61	1605
of the Revised Code together with information, data, and	1606
statistics that pertain to adults and that are gathered pursuant	1607
to those sections.	1608

(D) The information and materials furnished to the	1609
superintendent pursuant to division (A) of this section and	1610
information and materials furnished to any board or person under	1611
division (F) or (G) of this section are not public records under	1612
section 149.43 of the Revised Code.	1613

(E) The attorney general shall adopt rules, in accordance	1614
with Chapter 119. of the Revised Code, setting forth the procedure	1615
by which a person may receive or release information gathered by	1616
the superintendent pursuant to division (A) of this section. A	1617
reasonable fee may be charged for this service. If a temporary	1618
employment service submits a request for a determination of	1619
whether a person the service plans to refer to an employment	1620
position has been convicted of or pleaded guilty to an offense	1621
listed in division (A)(1), (3), (4), or (5), or (6) of section	1622
109.572 of the Revised Code, the request shall be treated as a	1623
single request and only one fee shall be charged.	1624

(F)(1) As used in division (F)(2) of this section, "head	1625
start agency" means an entity in this state that has been approved	1626
to be an agency for purposes of subchapter II of the "Community	1627
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	1628
as amended.	1629

(2)(a) In addition to or in conjunction with any request that	1630
is required to be made under section 109.572, 2151.86, 3301.32,	1631
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	1632
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	1633
education of any school district; the director of mental	1634
retardation and developmental disabilities; any county board of	1635
mental retardation and developmental disabilities; any entity	1636
under contract with a county board of mental retardation and	1637
developmental disabilities; the chief administrator of any	1638
chartered nonpublic school; the chief administrator of any home	1639
health agency; the chief administrator of or person operating any	1640
child day-care center, type A family day-care home, or type B	1641
family day-care home licensed or certified under Chapter 5104. of	1642
the Revised Code; the administrator of any type C family day-care	1643
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	1644
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	1645
general assembly; the chief administrator of any head start	1646
agency; or the executive director of a public children services	1647
agency may request that the superintendent of the bureau	1648
investigate and determine, with respect to any individual who has	1649
applied for employment in any position after October 2, 1989, or	1650
any individual wishing to apply for employment with a board of	1651
education may request, with regard to the individual, whether the	1652
bureau has any information gathered under division (A) of this	1653
section that pertains to that individual. On receipt of the	1654
request, the superintendent shall determine whether that	1655
information exists and, upon request of the person, board, or	1656
entity requesting information, also shall request from the federal	1657
bureau of investigation any criminal records it has pertaining to	1658
that individual. Within thirty days of the date that the	1659
superintendent receives a request, the superintendent shall send	1660
to the board, entity, or person a report of any information that	1661
the superintendent determines exists, including information	1662
contained in records that have been sealed under section 2953.32	1663
of the Revised Code, and, within thirty days of its receipt, shall	1664
send the board, entity, or person a report of any information	1665
received from the federal bureau of investigation, other than	1666
information the dissemination of which is prohibited by federal	1667
law.	1668

(b) When a board of education is required to receive	1669
information under this section as a prerequisite to employment of	1670
an individual pursuant to section 3319.39 of the Revised Code, it	1671
may accept a certified copy of records that were issued by the	1672
bureau of criminal identification and investigation and that are	1673
presented by an individual applying for employment with the	1674
district in lieu of requesting that information itself. In such a	1675
case, the board shall accept the certified copy issued by the	1676
bureau in order to make a photocopy of it for that individual's	1677
employment application documents and shall return the certified	1678
copy to the individual. In a case of that nature, a district only	1679
shall accept a certified copy of records of that nature within one	1680
year after the date of their issuance by the bureau.	1681

(3) The state board of education may request, with respect to	1682
any individual who has applied for employment after October 2,	1683
1989, in any position with the state board or the department of	1684
education, any information that a school district board of	1685
education is authorized to request under division (F)(2) of this	1686
section, and the superintendent of the bureau shall proceed as if	1687
the request has been received from a school district board of	1688
education under division (F)(2) of this section.	1689

(4) When the superintendent of the bureau receives a request	1690
for information that is authorized under section 3319.291 of the	1691
Revised Code, the superintendent shall proceed as if the request	1692
has been received from a school district board of education under	1693
division (F)(2) of this section.	1694

(5) When a recipient of an OhioReads classroom or community	1695
reading grant paid under section 3301.86 or 3301.87 of the Revised	1696
Code or an entity approved by the OhioReads council requests, with	1697
respect to any individual who applies to participate in providing	1698
any program or service through an entity approved by the OhioReads	1699
council or funded in whole or in part by the grant, the	1700
information that a school district board of education is	1701
authorized to request under division (F)(2)(a) of this section,	1702
the superintendent of the bureau shall proceed as if the request	1703
has been received from a school district board of education under	1704
division (F)(2)(a) of this section.	1705

(G) In addition to or in conjunction with any request that is	1706
required to be made under section 173.41, 3701.881, 3712.09,	1707
3721.121, or 3722.151 of the Revised Code with respect to an	1708
individual who has applied for employment in a position that	1709
involves providing direct care to an older adult, the chief	1710
administrator of a PASSPORT agency that provides services through	1711
the PASSPORT program created under section 173.40 of the Revised	1712
Code, home health agency, hospice care program, home licensed	1713
under Chapter 3721. of the Revised Code, adult day-care program	1714
operated pursuant to rules adopted under section 3721.04 of the	1715
Revised Code, or adult care facility may request that the	1716
superintendent of the bureau investigate and determine, with	1717
respect to any individual who has applied after January 27, 1997,	1718
for employment in a position that does not involve providing	1719
direct care to an older adult, whether the bureau has any	1720
information gathered under division (A) of this section that	1721
pertains to that individual. On receipt of the request, the	1722
superintendent shall determine whether that information exists	1723
and, on request of the administrator requesting information, shall	1724
also request from the federal bureau of investigation any criminal	1725
records it has pertaining to that individual. Within thirty days	1726
of the date a request is received, the superintendent shall send	1727
to the administrator a report of any information determined to	1728
exist, including information contained in records that have been	1729
sealed under section 2953.32 of the Revised Code, and, within	1730
thirty days of its receipt, shall send the administrator a report	1731
of any information received from the federal bureau of	1732
investigation, other than information the dissemination of which	1733
is prohibited by federal law.	1734

(H) Information obtained by a board, administrator, or other	1735
person under this section is confidential and shall not be	1736
released or disseminated.	1737

(I) The superintendent may charge a reasonable fee for	1738
providing information or criminal records under division (F)(2) or	1739
(G) of this section.	1740

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	1741
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	1742
or 5153.111 of the Revised Code, a completed form prescribed	1743
pursuant to division (C)(1) of this section, and a set of	1744
fingerprint impressions obtained in the manner described in	1745
division (C)(2) of this section, the superintendent of the bureau	1746
of criminal identification and investigation shall conduct a	1747
criminal records check in the manner described in division (B) of	1748
this section to determine whether any information exists that	1749
indicates that the person who is the subject of the request	1750
previously has been convicted of or pleaded guilty to any of the	1751
following:	1752

(a) A violation of section 2903.01, 2903.02, 2903.03,	1753
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1754
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1755
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1756
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1757
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1758
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1759
2925.06, or 3716.11 of the Revised Code, felonious sexual	1760
penetration in violation of former section 2907.12 of the Revised	1761
Code, a violation of section 2905.04 of the Revised Code as it	1762
existed prior to July 1, 1996, a violation of section 2919.23 of	1763
the Revised Code that would have been a violation of section	1764
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1765
had the violation been committed prior to that date, or a	1766
violation of section 2925.11 of the Revised Code that is not a	1767
minor drug possession offense;	1768

(b) A violation of an existing or former law of this state,	1769
any other state, or the United States that is substantially	1770
equivalent to any of the offenses listed in division (A)(1)(a) of	1771
this section.	1772

(2) On receipt of a request pursuant to section 5123.081 of	1773
the Revised Code with respect to an applicant for employment in	1774
any position with the department of mental retardation and	1775
developmental disabilities, pursuant to section 5126.28 of the	1776
Revised Code with respect to an applicant for employment in any	1777
position with a county board of mental retardation and	1778
developmental disabilities, or pursuant to section 5126.281 of the	1779
Revised Code with respect to an applicant for employment in a	1780
direct services position with an entity contracting with a county	1781
board for employment, a completed form prescribed pursuant to	1782
division (C)(1) of this section, and a set of fingerprint	1783
impressions obtained in the manner described in division (C)(2) of	1784
this section, the superintendent of the bureau of criminal	1785
identification and investigation shall conduct a criminal records	1786
check. The superintendent shall conduct the criminal records check	1787
in the manner described in division (B) of this section to	1788
determine whether any information exists that indicates that the	1789
person who is the subject of the request has been convicted of or	1790
pleaded guilty to any of the following:	1791

(a) A violation of section 2903.01, 2903.02, 2903.03,	1792
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1793
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	1794
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1795
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1796
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1797
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or	1798
3716.11 of the Revised Code;	1799

(b) An existing or former municipal ordinance or law of this	1800
state, any other state, or the United States that is substantially	1801
equivalent to any of the offenses listed in division (A)(2)(a) of	1802
this section.	1803

(3) On receipt of a request pursuant to section 173.41,	1804
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	1805
form prescribed pursuant to division (C)(1) of this section, and a	1806
set of fingerprint impressions obtained in the manner described in	1807
division (C)(2) of this section, the superintendent of the bureau	1808
of criminal identification and investigation shall conduct a	1809
criminal records check with respect to any person who has applied	1810
for employment in a position that involves providing direct care	1811
to an older adult. The superintendent shall conduct the criminal	1812
records check in the manner described in division (B) of this	1813
section to determine whether any information exists that indicates	1814
that the person who is the subject of the request previously has	1815
been convicted of or pleaded guilty to any of the following:	1816

(a) A violation of section 2903.01, 2903.02, 2903.03,	1817
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1818
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1819
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1820
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1821
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1822
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1823
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1824
2925.22, 2925.23, or 3716.11 of the Revised Code;	1825

(b) An existing or former law of this state, any other state,	1826
or the United States that is substantially equivalent to any of	1827
the offenses listed in division (A)(3)(a) of this section.	1828

(4) On receipt of a request pursuant to section 3701.881 of	1829
the Revised Code with respect to an applicant for employment with	1830
a home health agency as a person responsible for the care,	1831
custody, or control of a child, a completed form prescribed	1832
pursuant to division (C)(1) of this section, and a set of	1833
fingerprint impressions obtained in the manner described in	1834
division (C)(2) of this section, the superintendent of the bureau	1835
of criminal identification and investigation shall conduct a	1836
criminal records check. The superintendent shall conduct the	1837
criminal records check in the manner described in division (B) of	1838
this section to determine whether any information exists that	1839
indicates that the person who is the subject of the request	1840
previously has been convicted of or pleaded guilty to any of the	1841
following:	1842

(a) A violation of section 2903.01, 2903.02, 2903.03,	1843
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1844
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	1845
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1846
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1847
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1848
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1849
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	1850
violation of section 2925.11 of the Revised Code that is not a	1851
minor drug possession offense;	1852

(b) An existing or former law of this state, any other state,	1853
or the United States that is substantially equivalent to any of	1854
the offenses listed in division (A)(4)(a) of this section.	1855

(5) On receipt of a request pursuant to section 5111.95 or	1856
5111.96 of the Revised Code with respect to an applicant for	1857
employment with a waiver agency participating in a department of	1858
job and family services administered home and community-based	1859
waiver program or an independent provider participating in a	1860
department administered home and community-based waiver program in	1861
a position that involves providing home and community-based waiver	1862
services to consumers with disabilities, a completed form	1863
prescribed pursuant to division (C)(1) of this section, and a set	1864
of fingerprint impressions obtained in the manner described in	1865
division (C)(2) of this section, the superintendent of the bureau	1866
of criminal identification and investigation shall conduct a	1867
criminal records check. The superintendent shall conduct the	1868
criminal records check in the manner described in division (B) of	1869
this section to determine whether any information exists that	1870
indicates that the person who is the subject of the request	1871
previously has been convicted of or pleaded guilty to any of the	1872
following:	1873

(a) A violation of section 2903.01, 2903.02, 2903.03,	1874
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	1875
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	1876
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1877
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1878
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	1879
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	1880
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	1881
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1882
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	1883
Revised Code, felonious sexual penetration in violation of former	1884
section 2907.12 of the Revised Code, a violation of section	1885
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	1886
violation of section 2919.23 of the Revised Code that would have	1887
been a violation of section 2905.04 of the Revised Code as it	1888
existed prior to July 1, 1996, had the violation been committed	1889
prior to that date;	1890

(b) An existing or former law of this state, any other state,	1891
or the United States that is substantially equivalent to any of	1892
the offenses listed in division (A)(5)(a) of this section.	1893

(6) On receipt of a request pursuant to section 3701.881 of	1894
the Revised Code with respect to an applicant for employment with	1895
a home health agency in a position that involves providing direct	1896
care to an older adult, a completed form prescribed pursuant to	1897
division (C)(1) of this section, and a set of fingerprint	1898
impressions obtained in the manner described in division (C)(2) of	1899
this section, the superintendent of the bureau of criminal	1900
identification and investigation shall conduct a criminal records	1901
check. The superintendent shall conduct the criminal records check	1902
in the manner described in division (B) of this section to	1903
determine whether any information exists that indicates that the	1904
person who is the subject of the request previously has been	1905
convicted of or pleaded guilty to any of the following:	1906

(a) A violation of section 2903.01, 2903.02, 2903.03,	1907
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1908
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1909
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1910
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1911
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1912
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1913
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1914
2925.22, 2925.23, or 3716.11 of the Revised Code;	1915

(b) An existing or former law of this state, any other state,	1916
or the United States that is substantially equivalent to any of	1917
the offenses listed in division (A)~~(5)~~(6)(a) of this section.	1918

~~(6)~~(7) When conducting a criminal records check upon a	1919
request pursuant to section 3319.39 of the Revised Code for an	1920
applicant who is a teacher, in addition to the determination made	1921
under division (A)(1) of this section, the superintendent shall	1922
determine whether any information exists that indicates that the	1923
person who is the subject of the request previously has been	1924
convicted of or pleaded guilty to any offense specified in section	1925
3319.31 of the Revised Code.	1926

~~(7)~~(8) When conducting a criminal records check on a request	1927
pursuant to section 2151.86 of the Revised Code for a person who	1928
is a prospective foster caregiver or who is eighteen years old or	1929
older and resides in the home of a prospective foster caregiver,	1930
the superintendent, in addition to the determination made under	1931
division (A)(1) of this section, shall determine whether any	1932
information exists that indicates that the person has been	1933
convicted of or pleaded guilty to a violation of:	1934

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

1935

(b) An existing or former law of this state, any other state,	1936
or the United States that is substantially equivalent to section	1937
2909.02 or 2909.03 of the Revised Code.	1938

~~(8)~~(9) Not later than thirty days after the date the	1939
superintendent receives the request, completed form, and	1940
fingerprint impressions, the superintendent shall send the person,	1941
board, or entity that made the request any information, other than	1942
information the dissemination of which is prohibited by federal	1943
law, the superintendent determines exists with respect to the	1944
person who is the subject of the request that indicates that the	1945
person previously has been convicted of or pleaded guilty to any	1946
offense listed or described in division (A)(1), (2), (3), (4),	1947
(5), (6), or (7), or (8) of this section, as appropriate. The	1948
superintendent shall send the person, board, or entity that made	1949
the request a copy of the list of offenses specified in division	1950
(A)(1), (2), (3), (4), (5), (6), or (7), or (8) of this section,	1951
as appropriate. If the request was made under section 3701.881 of	1952
the Revised Code with regard to an applicant who may be both	1953
responsible for the care, custody, or control of a child and	1954
involved in providing direct care to an older adult, the	1955
superintendent shall provide a list of the offenses specified in	1956
divisions (A)(4) and ~~(5)~~(6) of this section.	1957

(B) The superintendent shall conduct any criminal records	1958
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	1959
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	1960
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	1961
5153.111 of the Revised Code as follows:	1962

(1) The superintendent shall review or cause to be reviewed	1963
any relevant information gathered and compiled by the bureau under	1964
division (A) of section 109.57 of the Revised Code that relates to	1965
the person who is the subject of the request, including any	1966
relevant information contained in records that have been sealed	1967
under section 2953.32 of the Revised Code;	1968

(2) If the request received by the superintendent asks for	1969
information from the federal bureau of investigation, the	1970
superintendent shall request from the federal bureau of	1971
investigation any information it has with respect to the person	1972
who is the subject of the request and shall review or cause to be	1973
reviewed any information the superintendent receives from that	1974
bureau.	1975

(C)(1) The superintendent shall prescribe a form to obtain	1976
the information necessary to conduct a criminal records check from	1977
any person for whom a criminal records check is required by	1978
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	1979
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	1980
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	1981
form that the superintendent prescribes pursuant to this division	1982
may be in a tangible format, in an electronic format, or in both	1983
tangible and electronic formats.	1984

(2) The superintendent shall prescribe standard impression	1985
sheets to obtain the fingerprint impressions of any person for	1986
whom a criminal records check is required by section 173.41,	1987
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1988
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	1989
5126.281, or 5153.111 of the Revised Code. Any person for whom a	1990
records check is required by any of those sections shall obtain	1991
the fingerprint impressions at a county sheriff's office,	1992
municipal police department, or any other entity with the ability	1993
to make fingerprint impressions on the standard impression sheets	1994
prescribed by the superintendent. The office, department, or	1995
entity may charge the person a reasonable fee for making the	1996
impressions. The standard impression sheets the superintendent	1997
prescribes pursuant to this division may be in a tangible format,	1998
in an electronic format, or in both tangible and electronic	1999
formats.	2000

(3) Subject to division (D) of this section, the	2001
superintendent shall prescribe and charge a reasonable fee for	2002
providing a criminal records check requested under section 173.41,	2003
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	2004
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	2005
5126.281, or 5153.111 of the Revised Code. The person making a	2006
criminal records request under section 173.41, 2151.86, 3301.32,	2007
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	2008
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	2009
or 5153.111 of the Revised Code shall pay the fee prescribed	2010
pursuant to this division. A person making a request under section	2011
3701.881 of the Revised Code for a criminal records check for an	2012
applicant who may be both responsible for the care, custody, or	2013
control of a child and involved in providing direct care to an	2014
older adult shall pay one fee for the request.	2015

(4) The superintendent of the bureau of criminal	2016
identification and investigation may prescribe methods of	2017
forwarding fingerprint impressions and information necessary to	2018
conduct a criminal records check, which methods shall include, but	2019
not be limited to, an electronic method.	2020

(D) A determination whether any information exists that	2021
indicates that a person previously has been convicted of or	2022
pleaded guilty to any offense listed or described in division	2023
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	2024
(b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b), or (A)(8)(a)	2025
or (b) of this section that is made by the superintendent with	2026
respect to information considered in a criminal records check in	2027
accordance with this section is valid for the person who is the	2028
subject of the criminal records check for a period of one year	2029
from the date upon which the superintendent makes the	2030
determination. During the period in which the determination in	2031
regard to a person is valid, if another request under this section	2032
is made for a criminal records check for that person, the	2033
superintendent shall provide the information that is the basis for	2034
the superintendent's initial determination at a lower fee than the	2035
fee prescribed for the initial criminal records check.	2036

(E) As used in this section:

2037

(1) "Criminal records check" means any criminal records check	2038
conducted by the superintendent of the bureau of criminal	2039
identification and investigation in accordance with division (B)	2040
of this section.	2041

(2) "Home and community-based waiver services" and "waiver	2042
agency" have the same meanings as in section 5111.95 of the	2043
Revised Code.	2044

(3) "Independent provider" has the same meaning as in section	2045
5111.96 of the Revised Code.	2046

(4) "Minor drug possession offense" has the same meaning as	2047
in section 2925.01 of the Revised Code.	2048

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

2049

Sec. 109.71. There is hereby created in the office of the	2050
attorney general the Ohio peace officer training commission. The	2051
commission shall consist of nine members appointed by the governor	2052
with the advice and consent of the senate and selected as follows:	2053
one member representing the public; two members who are incumbent	2054
sheriffs; two members who are incumbent chiefs of police; one	2055
member from the bureau of criminal identification and	2056
investigation; one member from the state highway patrol; one	2057
member who is the special agent in charge of a field office of the	2058
federal bureau of investigation in this state; and one member from	2059
the department of education, trade and industrial education	2060
services, law enforcement training.	2061

As used in sections 109.71 to 109.77 of the Revised Code:

2062

(A) "Peace officer" means:

2063

(1) A deputy sheriff, marshal, deputy marshal, member of the	2064
organized police department of a township or municipal	2065
corporation, member of a township police district or joint	2066
township police district police force, member of a police force	2067
employed by a metropolitan housing authority under division (D) of	2068
section 3735.31 of the Revised Code, or township constable, who is	2069
commissioned and employed as a peace officer by a political	2070
subdivision of this state or by a metropolitan housing authority,	2071
and whose primary duties are to preserve the peace, to protect	2072
life and property, and to enforce the laws of this state,	2073
ordinances of a municipal corporation, resolutions of a township,	2074
or regulations of a board of county commissioners or board of	2075
township trustees, or any of those laws, ordinances, resolutions,	2076
or regulations;	2077

(2) A police officer who is employed by a railroad company	2078
and appointed and commissioned by the governor pursuant to	2079
sections 4973.17 to 4973.22 of the Revised Code;	2080

(3) Employees of the department of taxation engaged in the	2081
enforcement of ~~Chapter 5743. of the Revised Code~~laws the tax	2082
commissioner administers and designated by the tax commissioner	2083
for peace officer training for purposes of the delegation of	2084
investigation powers under section ~~5743.45~~5703.58 of the Revised	2085
Code;	2086

(4) An undercover drug agent;

2087

(5) Enforcement agents of the department of public safety	2088
whom the director of public safety designates under section	2089
5502.14 of the Revised Code;	2090

(6) An employee of the department of natural resources who is	2091
a natural resources law enforcement staff officer designated	2092
pursuant to section 1501.013, a park officer designated pursuant	2093
to section 1541.10, a forest officer designated pursuant to	2094
section 1503.29, a preserve officer designated pursuant to section	2095
1517.10, a wildlife officer designated pursuant to section	2096
1531.13, or a state watercraft officer designated pursuant to	2097
section 1547.521 of the Revised Code;	2098

(7) An employee of a park district who is designated pursuant	2099
to section 511.232 or 1545.13 of the Revised Code;	2100

(8) An employee of a conservancy district who is designated	2101
pursuant to section 6101.75 of the Revised Code;	2102

(9) A police officer who is employed by a hospital that	2103
employs and maintains its own proprietary police department or	2104
security department, and who is appointed and commissioned by the	2105
governor pursuant to sections 4973.17 to 4973.22 of the Revised	2106
Code;	2107

(10) Veterans' homes police officers designated under section	2108
5907.02 of the Revised Code;	2109

(11) A police officer who is employed by a qualified	2110
nonprofit corporation police department pursuant to section	2111
1702.80 of the Revised Code;	2112

(12) A state university law enforcement officer appointed	2113
under section 3345.04 of the Revised Code or a person serving as a	2114
state university law enforcement officer on a permanent basis on	2115
June 19, 1978, who has been awarded a certificate by the executive	2116
director of the Ohio peace officer training commission attesting	2117
to the person's satisfactory completion of an approved state,	2118
county, municipal, or department of natural resources peace	2119
officer basic training program;	2120

(13) A special police officer employed by the department of	2121
mental health pursuant to section 5119.14 of the Revised Code or	2122
the department of mental retardation and developmental	2123
disabilities pursuant to section 5123.13 of the Revised Code;	2124

(14) A member of a campus police department appointed under	2125
section 1713.50 of the Revised Code;	2126

(15) A member of a police force employed by a regional	2127
transit authority under division (Y) of section 306.35 of the	2128
Revised Code;	2129

(16) Investigators appointed by the auditor of state pursuant	2130
to section 117.091 of the Revised Code and engaged in the	2131
enforcement of Chapter 117. of the Revised Code;	2132

(17) A special police officer designated by the	2133
superintendent of the state highway patrol pursuant to section	2134
5503.09 of the Revised Code or a person who was serving as a	2135
special police officer pursuant to that section on a permanent	2136
basis on October 21, 1997, and who has been awarded a certificate	2137
by the executive director of the Ohio peace officer training	2138
commission attesting to the person's satisfactory completion of an	2139
approved state, county, municipal, or department of natural	2140
resources peace officer basic training program;	2141

(18) A special police officer employed by a port authority	2142
under section 4582.04 or 4582.28 of the Revised Code or a person	2143
serving as a special police officer employed by a port authority	2144
on a permanent basis on May 17, 2000, who has been awarded a	2145
certificate by the executive director of the Ohio peace officer	2146
training commission attesting to the person's satisfactory	2147
completion of an approved state, county, municipal, or department	2148
of natural resources peace officer basic training program;	2149

(19) A special police officer employed by a municipal	2150
corporation who has been awarded a certificate by the executive	2151
director of the Ohio peace officer training commission for	2152
satisfactory completion of an approved peace officer basic	2153
training program and who is employed on a permanent basis on or	2154
after ~~the effective date of this amendment~~March 19, 2003, at a	2155
municipal airport, or other municipal air navigation facility,	2156
that has scheduled operations, as defined in section 119.3 of	2157
Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as	2158
amended, and that is required to be under a security program and	2159
is governed by aviation security rules of the transportation	2160
security administration of the United States department of	2161
transportation as provided in Parts 1542. and 1544. of Title 49 of	2162
the Code of Federal Regulations, as amended.	2163

(B) "Undercover drug agent" has the same meaning as in	2164
division (B)(2) of section 109.79 of the Revised Code.	2165

(C) "Crisis intervention training" means training in the use	2166
of interpersonal and communication skills to most effectively and	2167
sensitively interview victims of rape.	2168

(D) "Missing children" has the same meaning as in section	2169
2901.30 of the Revised Code.	2170

Sec. 117.101. The auditor of state ~~may establish~~shall	2171
provide, operate, and maintain a uniform and compatible	2172
computerized financial management and accounting system known as	2173
the uniform accounting network. ~~Any such~~The network shall be	2174
designed to provide public offices, other than state agencies and	2175
the Ohio education computer network and public school districts,	2176
with efficient and economical access to data processing and	2177
management information facilities and expertise. In accordance	2178
with this objective, activities of the network shall include, but	2179
not be limited to, provision, maintenance, and operation of the	2180
following facilities and services:	2181

(A) A cooperative program of technical assistance for public	2182
offices, other than state agencies and the Ohio education computer	2183
network and public school districts, including, but not limited	2184
to, an adequate computer software system and a data base;	2185

(B) An information processing service center providing	2186
approved computerized financial accounting and reporting services	2187
to participating public offices.	2188

The auditor of state and any public office, other than a	2189
state agency and the Ohio education computer network and public	2190
school districts, may enter into any necessary agreements, without	2191
advertisement or bidding, for the provision of necessary goods,	2192
materials, supplies, and services to such public offices by the	2193
auditor of state through the network.	2194

The auditor of state may, by rule, provide for a system of	2195
user fees to be charged participating public offices for goods,	2196
materials, supplies, and services received from the network. All	2197
such fees shall be paid into the state treasury to the credit of	2198
the uniform accounting network fund, which is hereby created. The	2199
fund shall be used by the auditor of state to pay the costs of	2200
establishing and maintaining the network. The fund shall be	2201
assessed a proportionate share of the auditor of state's	2202
administrative costs in accordance with procedures prescribed by	2203
the auditor of state and approved by the director of budget and	2204
management.	2205

Sec. 117.16. (A) The auditor of state shall do all of the	2206
following:	2207

(1) Develop a force account project assessment form that each	2208
public office that undertakes force account projects shall use to	2209
estimate or report the cost of a force account project. The form	2210
shall include costs for employee salaries and benefits, any other	2211
labor costs, materials, freight, fuel, hauling, overhead expense,	2212
workers' compensation premiums, and all other items of cost and	2213
expense, including a reasonable allowance for the use of all tools	2214
and equipment used on or in connection with such work and for the	2215
depreciation on the tools and equipment.	2216

(2) Make the form available to public offices by any	2217
cost-effective, convenient method accessible to the auditor of	2218
state and the public offices;	2219

(3) When conducting an audit under this chapter of ~~such~~ a	2220
public office ~~under this chapter~~that undertakes force account	2221
projects, examine ~~a sample of~~ the forms and records of ~~any~~a	2222
sampling of the force account ~~project that~~projects the public	2223
office completed since an audit was last conducted, to determine	2224
compliance with ~~the~~its force account limits ~~and other force~~	2225
~~account provisions established by law. If the auditor of state~~	2226
~~finds a violation of the force account limits, the auditor of~~	2227
~~state shall conduct an audit of each force account project~~	2228
~~completed since an audit was last conducted~~.	2229

(B) If the auditor of state receives a complaint from any	2230
person that a public office has violated the force account limits	2231
established for that office, the auditor of state may conduct an	2232
audit in addition to the audit provided in section 117.11 of the	2233
Revised Code if the auditor of state has reasonable cause to	2234
believe that an additional audit is in the public interest.	2235

(C)(1) If the auditor of state finds that a county, township,	2236
or municipal corporation violated the force account limits	2237
established for that political subdivision, the auditor of state,	2238
in addition to any other action authorized by this chapter, shall	2239
notify the political subdivision that, for a period of one year	2240
from the date of the notification, the force account limits for	2241
the subdivision are reduced as follows:	2242

(a) For a county, the limits shall be ten thousand dollars	2243
per mile for construction or reconstruction of a road and forty	2244
thousand dollars for construction, reconstruction, maintenance, or	2245
repair of a bridge or culvert;	2246

(b) For a township, the limit shall be fifteen thousand	2247
dollars for maintenance and repair of a road or five thousand per	2248
mile for construction or reconstruction of a township road;	2249

(c) For a municipal corporation, the limit shall be ten	2250
thousand dollars for the construction, reconstruction, widening,	2251
resurfacing, or repair of a street or other public way.	2252

(2) If the auditor of state finds that a county, township, or	2253
municipal corporation violated the force account limits	2254
established for that political subdivision in a second or	2255
subsequent ~~time~~audit, the auditor of state, in addition to any	2256
other action authorized by this chapter, shall notify the	2257
political subdivision that, for a period of two years from the	2258
date of the notification, the force account limits for the	2259
subdivision are reduced in accordance with division (C)(1)(a),	2260
(b), or (c) of this section.	2261

(3) If the auditor of state finds that a county, township, or	2262
municipal corporation violated the force account limits	2263
established for that political subdivision in a third or more	2264
subsequent ~~time~~audit, the ~~subdivision shall pay the~~ auditor of	2265
state shall certify to the tax commissioner an amount the auditor	2266
of state determines to be twenty per cent of the total cost of the	2267
force account project that is the basis of the violation. ~~The~~Upon	2268
receipt of this certification, the tax commissioner shall withhold	2269
the certified amount from any funds under the tax commissioner's	2270
control that are due or payable to that political subdivision. The	2271
tax commissioner shall promptly deposit this withheld amount to	2272
the credit of the highway operating fund created by section	2273
5735.291 of the Revised Code to be redistributed to local	2274
governments that have not violated their force account limits.	2275

If the tax commissioner determines that no funds are due and	2276
payable to the violating political subdivision or that	2277
insufficient amounts of such funds are available to cover the	2278
entire certified amount, the tax commissioner shall withhold and	2279
deposit to the credit of the highway operating fund any amount	2280
available and certify the remaining amount to be withheld to the	2281
county auditor of the county in which the political subdivision is	2282
located. The county auditor shall withhold from that political	2283
subdivision any amount, up to that certified by the tax	2284
commissioner, that is available from any funds under the county	2285
auditor's control, that is due or payable to that political	2286
subdivision, and that can be lawfully withheld. The county auditor	2287
shall promptly pay that withheld amount to the tax commissioner	2288
for deposit into the highway operating fund and redistribution to	2289
local governments that have not violated their force account	2290
limits.	2291

The tax commissioner shall make a distribution from the	2292
highway operating fund to local governments that have not violated	2293
their force account limits at least once every six months.	2294

The payments required under division (C)(3) of this section	2295
are in addition to the force account limit reductions ~~under~~	2296
described in division (C)(2) of this section and also are in	2297
addition to any other action authorized by this chapter. ~~The~~	2298
~~auditor of state shall certify any money due under division (C)(3)~~	2299
~~of this section for collection in accordance with division (D) of~~	2300
~~section 117.13 of the Revised Code.~~	2301

(D) If the auditor of state finds that a county, township, or	2302
municipal corporation violated its force account ~~limit~~limits when	2303
participating in a joint force account project, the auditor of	2304
state shall impose the reduction in force account limits under	2305
division (C) of this section on all entities participating in the	2306
joint project.	2307

(E) As used in this section, "force account limits" means any	2308
of the following, as applicable:	2309

(1) For a county, the amounts established in section 5543.19	2310
of the Revised Code;	2311

(2) For a township, the amounts established in section	2312
5575.01 of the Revised Code;	2313

(3) For a municipal corporation, the amount established in	2314
section 723.52 of the Revised Code;	2315

(4) For the department of transportation, the amount	2316
established in section 5517.02 of the Revised Code.	2317

Sec. 117.44. To enhance local officials' background and	2318
working knowledge of government accounting, budgeting and	2319
financing, financial report preparation, and the rules adopted by	2320
the auditor of state, the auditor of state shall hold training	2321
programs for persons elected for the first time as township	2322
clerks, city auditors, and village clerks, between the first day	2323
of December and the ~~fifteenth~~first day of ~~February~~April	2324
immediately following a general election for any of these offices.	2325
Similar training may also be provided to any township clerk, city	2326
auditor, or village clerk who is appointed to fill a vacancy or	2327
who is elected in a special election.	2328

The auditor of state also shall develop and provide an annual	2329
training program of continuing education for village clerks.	2330

The auditor of state shall determine the manner, content, and	2331
length of the training programs after consultation with	2332
appropriate statewide organizations of local governmental	2333
officials. The auditor of state shall charge the political	2334
subdivisions that the trainees represent a registration fee that	2335
will meet actual and necessary expenses of the training, including	2336
instructor fees, site acquisition costs, and the cost of course	2337
materials. The necessary personal expenses incurred by the	2338
officials as a result of attending the training program shall be	2339
borne by the political subdivisions they represent.	2340

The auditor of state shall allow any other interested person	2341
to attend any of the training programs that the auditor of state	2342
holds pursuant to this section; provided, that before attending	2343
any such training program, the interested person shall pay to the	2344
auditor of state the full registration fee that the auditor of	2345
state has set for the training program.	2346

The auditor of state may provide any other appropriate	2347
training or educational programs that may be developed and offered	2348
by the auditor of state or in collaboration with one or more other	2349
state agencies, political subdivisions, or other public or private	2350
entities.	2351

There is hereby established in the state treasury the auditor	2352
of state training program fund, to be used by the auditor of state	2353
for the actual and necessary expenses of any training programs	2354
held pursuant to this section, section 117.441, or section 321.46	2355
of the Revised Code. All registration fees collected under this	2356
section shall be paid into the fund.	2357

Sec. 117.45. (A) The auditor of state shall draw warrants	2358
against the treasurer of state pursuant to all requests for	2359
payment that the director of budget and management has approved	2360
under section 126.07 of the Revised Code.	2361

(B) Unless the director of job and family services has	2362
provided for the making of payments by electronic benefit	2363
transfer, if a financial institution and account have been	2364
designated by the participant or recipient, payment by the auditor	2365
of state to a participant in the Ohio works first program pursuant	2366
to Chapter 5107. of the Revised Code or a recipient of disability	2367
financial assistance pursuant to Chapter 5115. of the Revised Code	2368
shall be made by direct deposit to the account of the participant	2369
or recipient in the financial institution. Payment by the auditor	2370
of state to a recipient of benefits distributed through the medium	2371
of electronic benefit transfer pursuant to section 5101.33 of the	2372
Revised Code shall be by electronic benefit transfer. Payment by	2373
the auditor of state as compensation to an employee of the state	2374
who has, pursuant to section 124.151 of the Revised Code,	2375
designated a financial institution and account for the direct	2376
deposit of such payments shall be made by direct deposit to the	2377
account of the employee. Payment to any other payee who has	2378
designated a financial institution and account for the direct	2379
deposit of such payment may be made by direct deposit to the	2380
account of the payee in the financial institution as provided in	2381
section 9.37 of the Revised Code. The auditor of state shall	2382
contract with an authorized financial institution for the services	2383
necessary to make direct deposits or electronic benefit transfers	2384
under this division and draw lump sum warrants payable to that	2385
institution in the amount to be transferred. Accounts maintained	2386
by the auditor of state or the auditor of state's agent in a	2387
financial institution for the purpose of effectuating payment by	2388
direct deposit or electronic benefit transfer shall be maintained	2389
in accordance with section 135.18 of the Revised Code.	2390

(C) All other payments from the state treasury shall be made	2391
by paper warrants or by direct deposit payable to the respective	2392
payees. The auditor of state may mail the paper warrants to the	2393
respective payees or distribute them through other state agencies,	2394
whichever the auditor of state determines to be the better	2395
procedure.	2396

(D) If the average per transaction cost the auditor of state	2397
incurs in making direct deposits for a state agency exceeds the	2398
average per transaction cost the auditor of state incurs in	2399
drawing paper warrants for all public offices during the same	2400
period of time, the auditor of state may certify the difference in	2401
cost and the number of direct deposits for the agency to the	2402
director of administrative services. The director shall reimburse	2403
the auditor of state for such additional costs and add the amount	2404
to the processing charge assessed upon the state agency.	2405

Sec. 119.035. An agency may appoint an advisory committee to	2406
advise the agency concerning its development of a rule, amendment,	2407
or rescission, and may otherwise consult with persons representing	2408
interests that would be affected by the rule, amendment, or	2409
rescission were it actually to be proposed and adopted. ~~Upon an~~	2410
~~agency's request, the executive director or another officer or~~	2411
~~employee of the Ohio commission on dispute resolution and conflict~~	2412
~~management may serve as a group facilitator for, but not as a~~	2413
~~member of, such an advisory committee.~~	2414

Sec. 121.04. Offices are created within the several	2415
departments as follows:	2416

In the department of commerce:

2417

		Commissioner of securities;		2418
		Superintendent of real estate and professional licensing;		2419
		Superintendent of financial institutions;		2420
		Fire marshal;		2421
		Superintendent of labor and worker safety;		2422
		Beginning on July 1, 1997,		2423
		Superintendent of liquor control;		2424
		Superintendent of industrial compliance.		2425

In the department of administrative services:

2426

		State architect and engineer;		2427
		Equal employment opportunity coordinator.		2428

In the department of agriculture:

2429

Chiefs of divisions as follows:

2430

		Administration;		2431
		Animal industry;		2432
		Dairy;		2433
		Food safety;		2434
		Plant industry;		2435
		Markets;		2436
		Meat inspection;		2437
		Consumer analytical laboratory;		2438
		Amusement ride safety;		2439
		Enforcement;		2440
		Weights and measures.		2441

In the department of natural resources:

2442

Chiefs of divisions as follows:

2443

		Water;		2444
		Mineral resources management;		2445
		Forestry;		2446
		Natural areas and preserves;		2447
		Wildlife;		2448
		Geological survey;		2449
		Parks and recreation;		2450
		Watercraft;		2451
		Recycling and litter prevention;		2452
		~~Civilian conservation;~~		2453
		Soil and water conservation;		2454
		Real estate and land management;		2455
		Engineering.		2456

In the department of insurance:

2457

		Deputy superintendent of insurance;		2458
		Assistant superintendent of insurance, technical;		2459
		Assistant superintendent of insurance, administrative;		2460
		Assistant superintendent of insurance, research.		2461

Sec. 121.084. (A) All moneys collected under sections	2462
~~1333.96,~~ 3783.05, 3791.07, 4104.07, 4104.18, ~~4104.42,~~ 4104.44,	2463
~~4104.45,~~ 4105.17, 4105.20, 4169.03, 4171.04, and 5104.051 of the	2464
Revised Code, and any other moneys collected by the division of	2465
industrial compliance shall be paid into the state treasury to the	2466
credit of the industrial compliance operating fund, which is	2467
hereby created. The department of commerce shall use the moneys in	2468
the fund for paying the operating expenses of the division and the	2469
administrative assessment described in division (B) of this	2470
section.	2471

(B) The director of commerce, with the approval of the	2472
director of budget and management, shall prescribe procedures for	2473
assessing the industrial compliance operating fund a proportionate	2474
share of the administrative costs of the department of commerce.	2475
The assessment shall be made in accordance with those procedures	2476
and be paid from the industrial compliance operating fund to the	2477
division of administration fund created in section 121.08 of the	2478
Revised Code.	2479

Sec. 121.36. (A) As used in this section, "home care	2480
dependent adult" means an individual who resides in a private home	2481
or other noninstitutional and unlicensed living arrangement,	2482
without the presence of a parent or guardian, but has health and	2483
safety needs that require the provision of regularly scheduled	2484
home care services to remain in the home or other living	2485
arrangement because one of the following is the case:	2486

(1) The individual is at least twenty-one years of age but	2487
less than sixty years of age and has a disability.	2488

(2) The individual is sixty years of age or older, regardless	2489
of whether the individual has a disability.	2490

(B) Except as provided in division (D) of this section, the	2491
departments of mental retardation and developmental disabilities,	2492
aging, job and family services, and health shall implement this	2493
section with respect to all contracts for the provision of home	2494
care services to home care dependent adults that are paid for in	2495
whole or with federal, state, or local funds. Each department	2496
shall require all public and private entities that receive money	2497
from the department to comply with this section when entering into	2498
contracts for the provision of home care services to home care	2499
dependent adults that are paid for in whole or in part with	2500
federal, state, or local funds. Such entities may include county	2501
boards of mental retardation, area agencies on aging, county	2502
departments of job and family services, and boards of health of	2503
city and general health districts.	2504

(C) Beginning one year after the effective date of this	2505
section, each contract subject to this section shall include terms	2506
requiring that the provider of home care services to home care	2507
dependent adults have a system in place that effectively monitors	2508
whether the provider's employees fulfill their duty to perform the	2509
services when the services are scheduled to be performed. To be	2510
considered an effective monitoring system for purposes of the	2511
contract, the system established by a provider must include at	2512
least the following components:	2513

(1) A mechanism for identifying whether employees are	2514
fulfilling their duty to provide home care services when the	2515
services are scheduled to be provided;	2516

(2) A protocol to be followed in scheduling a substitute	2517
employee when the monitoring mechanism identifies that an employee	2518
has failed to provide home care services as scheduled, including	2519
standards for determining the length of time that may elapse	2520
without jeopardizing the health and safety of the home care	2521
dependent adult;	2522

(3) Procedures for maintaining records of the information	2523
obtained through the monitoring mechanism and procedures for	2524
compiling annual reports of that information;	2525

(4) Procedures for conducting random checks of the accuracy	2526
of the monitoring system. For purposes of conducting these checks,	2527
random is considered not less than five nor more than fifteen per	2528
cent of the provider's employee work shifts.	2529

(D) In implementing this section, the departments shall	2530
exempt providers of home care services who are self-employed	2531
providers with no other employees or are otherwise considered by	2532
the departments not to be agency providers. The departments shall	2533
conduct a study on how the exempted providers may be made subject	2534
to the requirement of identifying whether home care services are	2535
being provided when they are scheduled to be provided. Not later	2536
than two years after the effective date of this section, the	2537
departments shall prepare a report of their findings and	2538
recommendations. The report shall be submitted to the president of	2539
the senate and the speaker of the house of representatives.	2540

(E) The departments of mental retardation and developmental	2541
disabilities, aging, job and family services, and health shall	2542
adopt rules as necessary to implement this section. The rules	2543
shall be adopted in accordance with Chapter 119. of the Revised	2544
Code.	2545

Sec. 121.41. As used in sections 121.41 to 121.50 of the	2546
Revised Code:	2547

(A) "Appropriate ethics commission" has the same meaning as	2548
in section 102.01 of the Revised Code.	2549

(B) "Appropriate licensing agency" means a public or private	2550
entity that is responsible for licensing, certifying, or	2551
registering persons who are engaged in a particular vocation.	2552

(C) "Person" has the same meaning as in section 1.59 of the	2553
Revised Code and also includes any officer or employee of the	2554
state or any political subdivision of the state.	2555

(D)(1) "State agency" has the same meaning as in section 1.60	2556
of the Revised Code ~~but~~and also includes any of the following:	2557

(a) The Ohio retirement study council;

2558

(b) The public employees retirement system, state teachers	2559
retirement system, school employees retirement system, Ohio police	2560
and fire pension fund, and state highway patrol retirement system;	2561

2562

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

2563

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

2564

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

2565

~~(3)~~(c) The secretary of state, auditor of state, treasurer of	2566
state, or attorney general and their respective offices.	2567

(E) "State employee" means any person who is an employee of a	2568
state agency or any person who does business with the state.	2569

(F) "State officer" means any person who is elected or	2570
appointed to a public office in a state agency.	2571

(G) "Wrongful act or omission" means an act or omission,	2572
committed in the course of office holding or employment, that is	2573
not in accordance with the requirements of law or ~~such~~the	2574
standards of proper governmental conduct asthat are commonly	2575
accepted in the community and thereby subverts, or tends to	2576
subvert, the process of government.	2577

Sec. 121.48. There is hereby created the office of the	2578
inspector general, to be headed by the inspector general.	2579

The governor shall appoint the inspector general, subject to	2580
section 121.49 of the Revised Code and the advice and consent of	2581
the senate. The inspector general shall hold office for a term	2582
coinciding with the term of the appointing governor. The governor	2583
may remove the inspector general from office only after delivering	2584
written notice to the inspector general of the reasons for which	2585
hethe governor intends to remove ~~him~~the inspector general from	2586
office and providing ~~him~~the inspector general with an opportunity	2587
to appear and show cause why hethe inspector general should not	2588
be removed.	2589

In addition to the duties imposed by section 121.42 of the	2590
Revised Code, the inspector general shall manage the office of the	2591
inspector general. The inspector general shall establish and	2592
maintain offices in Columbus.	2593

The inspector general may appoint one or more deputy	2594
inspectors general. Each deputy inspector general shall serve for	2595
a term coinciding with the term of the appointing inspector	2596
general, and shall perform ~~such~~the duties, including the	2597
performance of investigations, asthat are assigned by the	2598
inspector general. All deputy inspectors general are in the	2599
unclassified service and serve at the pleasure of the inspector	2600
general.	2601

In addition to deputy inspectors general, the inspector	2602
general may appoint ~~such~~ professional, technical, and clerical	2603
employees asthat are necessary for the effective and efficient	2604
operation of the office of the inspector general. All	2605
professional, technical, and clerical employees of the office of	2606
the inspector general are in the unclassified service and serve at	2607
the pleasure of the appointing inspector general.	2608

The inspector general may enter into any contracts that are	2609
necessary to the operation of the office of the inspector general.	2610
The contracts may include, but are not limited to, contracts for	2611
the services of persons who are experts in a particular field and	2612
whose expertise is necessary to the successful completion of an	2613
investigation.	2614

The inspector general may enter into agreements with state	2615
agencies for reimbursement of the costs of investigations by the	2616
inspector general under section 121.42 of the Revised Code and may	2617
accept from private parties reimbursement of the costs of	2618
investigations by the inspector general that result in judicial or	2619
administrative proceedings against the parties.	2620

Not later than the first day of March in each year, the	2621
inspector general shall publish an annual report summarizing the	2622
activities of ~~his~~the inspector general's office during the	2623
previous calendar year. The annual report shall not disclose the	2624
results of any investigation insofar as the results are designated	2625
as confidential under section 121.44 of the Revised Code.	2626

The inspector general shall provide copies of ~~his~~the	2627
inspector general's annual report to the governor and the general	2628
assembly. The inspector general also shall provide a copy of ~~his~~	2629
the annual report to any other person who requests the copy and	2630
pays a fee prescribed by the inspector general. The fee shall not	2631
exceed the cost of reproducing and delivering the annual report.	2632

Sec. 121.482. There is hereby created in the state treasury	2633
the inspector general reimbursement fund. All amounts received by	2634
the inspector general under section 121.48 of the Revised Code as	2635
reimbursement of the costs of investigation shall be paid into the	2636
state treasury to the credit of the fund. Money in the fund shall	2637
be used for the expenses of the office of the inspector general.	2638

Sec. 121.62. (A) Each executive agency lobbyist and each	2639
employer shall file with the joint legislative ethics committee,	2640
within ten days following the engagement of an executive agency	2641
lobbyist, an initial registration statement showing all of the	2642
following:	2643

(1) The name, business address, and occupation of the	2644
executive agency lobbyist;	2645

(2) The name and business address of the employer or of the	2646
real party in interest on whose behalf the executive agency	2647
lobbyist is acting, if it is different from the employer. For the	2648
purposes of division (A) of this section, where a trade	2649
association or other charitable or fraternal organization that is	2650
exempt from federal income taxation under subsection 501(c) of the	2651
federal Internal Revenue Code is the employer, the statement need	2652
not list the names and addresses of every member of the	2653
association or organization, so long as the association or	2654
organization itself is listed.	2655

(3) A brief description of the executive agency decision to	2656
which the engagement relates;	2657

(4) The name of the executive agency or agencies to which the	2658
engagement relates.	2659

(B) In addition to the initial registration statement	2660
required by division (A) of this section, each executive agency	2661
lobbyist and employer shall file with the joint committee, not	2662
later than the last day of January, May, and September of each	2663
year, an updated registration statement that confirms the	2664
continuing existence of each engagement described in an initial	2665
registration statement and that lists the specific executive	2666
agency decisions that the lobbyist sought to influence under the	2667
engagement during the period covered by the updated statement, and	2668
with it any statement of expenditures required to be filed by	2669
section 121.63 of the Revised Code and any details of financial	2670
transactions required to be filed by section 121.64 of the Revised	2671
Code.	2672

(C) If an executive agency lobbyist is engaged by more than	2673
one employer, the lobbyist shall file a separate initial and	2674
updated registration statement for each engagement. If an employer	2675
engages more than one executive agency lobbyist, the employer need	2676
file only one updated registration statement under division (B) of	2677
this section, which shall contain the information required by	2678
division (B) of this section regarding all of the executive agency	2679
lobbyists engaged by the employer.	2680

(D)(1) A change in any information required by division	2681
(A)(1), (2), or (B) of this section shall be reflected in the next	2682
updated registration statement filed under division (B) of this	2683
section.	2684

(2) Within thirty days following the termination of an	2685
engagement, the executive agency lobbyist who was employed under	2686
the engagement shall send written notification of the termination	2687
to the joint committee.	2688

(E) A registration fee of ~~ten~~twenty-five dollars shall be	2689
charged for filing an initial registration statement. All money	2690
collected from this fee shall be deposited into the ~~state treasury~~	2691
~~to the credit of the joint legislative ethics committee fund~~	2692
~~created under section 101.34 of the Revised Code~~general revenue	2693
fund of the state.	2694

(F) Upon registration pursuant to this section, an executive	2695
agency lobbyist shall be issued a card by the joint committee	2696
showing that the lobbyist is registered. The registration card and	2697
the executive agency lobbyist's registration shall be valid from	2698
the date of their issuance until the thirty-first day of January	2699
of the year following the year in which the initial registration	2700
was filed.	2701

(G) The executive director of the joint committee shall be	2702
responsible for reviewing each registration statement filed with	2703
the joint committee under this section and for determining whether	2704
the statement contains all of the required information. If the	2705
joint committee determines that the registration statement does	2706
not contain all of the required information or that an executive	2707
agency lobbyist or employer has failed to file a registration	2708
statement, the joint committee shall send written notification by	2709
certified mail to the person who filed the registration statement	2710
regarding the deficiency in the statement or to the person who	2711
failed to file the registration statement regarding the failure.	2712
Any person so notified by the joint committee shall, not later	2713
than fifteen days after receiving the notice, file a registration	2714
statement or an amended registration statement that contains all	2715
of the required information. If any person who receives a notice	2716
under this division fails to file a registration statement or such	2717
an amended registration statement within this fifteen-day period,	2718
the joint committee shall ~~notify the attorney general, who may~~	2719
~~take appropriate action as authorized by section 121.69 of the~~	2720
~~Revised Code~~assess a late filing fee equal to twelve dollars and	2721
fifty cents per day, up to a maximum fee of one hundred dollars,	2722
upon that person. The joint committee may waive the late filing	2723
fee for good cause shown.	2724

~~If the joint committee notifies the attorney general pursuant~~	2725
~~to this division, the joint committee shall also notify each~~	2726
~~elected executive official and the director of each department~~	2727
~~created under section 121.02 of the Revised Code of the pending~~	2728
~~investigation.~~	2729

(H) On or before the fifteenth day of March of each year, the	2730
joint committee shall, in the manner and form that it determines,	2731
publish a report containing statistical information on the	2732
registration statements filed with it under this section during	2733
the preceding year.	2734

(I) If an employer who engages an executive agency lobbyist	2735
is the recipient of a contract, grant, lease, or other financial	2736
arrangement pursuant to which funds of the state or of an	2737
executive agency are distributed or allocated, the executive	2738
agency or any aggrieved party may consider the failure of the	2739
employer or the executive agency lobbyist to comply with this	2740
section as a breach of a material condition of the contract,	2741
grant, lease, or other financial arrangement.	2742

(J) Executive agency officials may require certification from	2743
any person seeking the award of a contract, grant, lease, or	2744
financial arrangement that the person and ~~his~~the person's	2745
employer are in compliance with this section.	2746

Sec. 122.011. (A) The department of development shall	2747
develop and promote plans and programs designed to assure that	2748
state resources are efficiently used, economic growth is properly	2749
balanced, community growth is developed in an orderly manner, and	2750
local governments are coordinated with each other and the state,	2751
and for such purposes may do all of the following:	2752

(1) Serve as a clearinghouse for information, data, and other	2753
materials that may be helpful or necessary to persons or local	2754
governments, as provided in section 122.07 of the Revised Code;	2755

(2) Prepare and activate plans for the retention,	2756
development, expansion, and use of the resources and commerce of	2757
the state, as provided in section 122.04 of the Revised Code;	2758

(3) Assist and cooperate with federal, state, and local	2759
governments and agencies of federal, state, and local governments	2760
in the coordination of programs to carry out the functions and	2761
duties of the department;	2762

(4) Encourage and foster research and development activities,	2763
conduct studies related to the solution of community problems, and	2764
develop recommendations for administrative or legislative actions,	2765
as provided in section 122.03 of the Revised Code;	2766

(5) Serve as the economic and community development planning	2767
agency, which shall prepare and recommend plans and programs for	2768
the orderly growth and development of this state and which shall	2769
provide planning assistance, as provided in section 122.06 of the	2770
Revised Code;	2771

(6) Cooperate with and provide technical assistance to state	2772
departments, political subdivisions, regional and local planning	2773
commissions, tourist associations, councils of government,	2774
community development groups, community action agencies, and other	2775
appropriate organizations for carrying out the functions and	2776
duties of the department or for the solution of community	2777
problems;	2778

(7) Coordinate the activities of state agencies that have an	2779
impact on carrying out the functions and duties of the department;	2780

(8) Encourage and assist the efforts of and cooperate with	2781
local governments to develop mutual and cooperative solutions to	2782
their common problems that relate to carrying out the purposes of	2783
this section;	2784

(9) Study existing structure, operations, and financing of	2785
regional or local government and those state activities that	2786
involve significant relations with regional or local governmental	2787
units, recommend to the governor and to the general assembly such	2788
changes in these provisions and activities as will improve the	2789
operations of regional or local government, and conduct other	2790
studies of legal provisions that affect problems related to	2791
carrying out the purposes of this section;	2792

(10) Appoint, with the approval of the governor, technical	2793
and other advisory councils as it considers appropriate, as	2794
provided in section 122.09 of the Revised Code;	2795

(11) Create and operate a division of community development	2796
to develop and administer programs and activities that are	2797
authorized by federal statute or the Revised Code;	2798

(12) Until ~~July 1, 2003~~October 15, 2005, establish fees and	2799
charges, in consultation with the director of agriculture, for	2800
purchasing loans from financial institutions and providing loan	2801
guarantees under the family farm loan program created under	2802
sections 901.80 to 901.83 of the Revised Code;	2803

(13) Provide loan servicing for the loans purchased and loan	2804
guarantees provided under section 901.80 of the Revised Code as	2805
that section existed prior to ~~July 1, 2003~~October 15, 2005;	2806

(14) Until ~~July 1, 2003~~October 15, 2005, and upon approval	2807
by the controlling board under division (A)(3) of section 901.82	2808
of the Revised Code of the release of money to be used for	2809
purchasing a loan or providing a loan guarantee, request the	2810
release of that money in accordance with division (B) of section	2811
166.03 of the Revised Code for use for the purposes of the fund	2812
created by section 166.031 of the Revised Code.	2813

(B) The director of development may request the attorney	2814
general to, and the attorney general, in accordance with section	2815
109.02 of the Revised Code, shall bring a civil action in any	2816
court of competent jurisdiction. The director may be sued in the	2817
director's official capacity, in connection with this chapter, in	2818
accordance with Chapter 2743. of the Revised Code.	2819

Sec. 122.04. The department of development shall do the	2820
following:	2821

(A) Maintain a continuing evaluation of the sources available	2822
for the retention, development, or expansion of industrial and	2823
commercial facilities in this state through both public and	2824
private agencies;	2825

(B) Assist public and private agencies in obtaining	2826
information necessary to evaluate the desirability of the	2827
retention, construction, or expansion of industrial and commercial	2828
facilities in the state;	2829

(C) Facilitate contracts between community improvement	2830
corporations organized under Chapter 1724. of the Revised Code or	2831
Ohio development corporations organized under Chapter 1726. of the	2832
Revised Code and industrial and commercial concerns seeking to	2833
locate or expand in ~~Ohio~~the state;	2834

(D) Upon request, consult with public agencies or authorities	2835
in the preparation of studies of human and economic needs or	2836
advantages relating to economic and community development;	2837

(E) Encourage, promote, and assist trade and commerce between	2838
this state and foreign nations;	2839

(F) Promote and encourage persons to visit and travel within	2840
this state;	2841

(G) Maintain membership in the national association of state	2842
development agencies;	2843

(H) Assist in the development of facilities and technologies	2844
that will lead to increased, environmentally sound use of Ohio	2845
coal;	2846

(I) Promote economic growth in the state.

2847

Sec. 122.041. The director of development shall do all of	2848
the following with regard to the encouraging diversity, growth,	2849
and equity program created under section 123.152 of the Revised	2850
Code:	2851

(A) Conduct outreach, marketing, and recruitment of EDGE	2852
business enterprises, as defined in that section;	2853

(B) Provide assistance to the department of administrative	2854
services, as needed, to certify new EDGE business enterprises and	2855
to train appropriate state agency staff;	2856

(C) Provide business development services to EDGE business	2857
enterprises in the developmental and transitional stages of the	2858
program, including financial and bonding assistance and management	2859
and technical assistance;	2860

(D) Develop a mentor program to bring businesses into a	2861
working relationship with EDGE business enterprises in a way that	2862
commercially benefits both entities and serves the purpose of the	2863
EDGE program;	2864

(E) Not later than December 31, 2003, prepare and submit to	2865
the governor a detailed report outlining and evaluating the	2866
progress made in implementing the encouraging diversity, growth,	2867
and equity program;	2868

(F) Establish processes by which an EDGE business enterprise	2869
may apply for contract assistance, financial and bonding	2870
assistance, management and technical assistance, and mentoring	2871
opportunities.	2872

Sec. 122.08. (A) There is hereby created within the	2873
department of development an office to be known as the office of	2874
small business. The office shall be under the supervision of a	2875
manager appointed by the director of development.	2876

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

2877

(1) Act as liaison between the small business community and	2878
state governmental agencies;	2879

(2) Furnish information and technical assistance to persons	2880
and small businesses concerning the establishment and maintenance	2881
of a small business, and concerning state laws and rules relevant	2882
to the operation of a small business. In conjunction with these	2883
duties, the office shall keep a record of all state agency rules	2884
affecting individuals, small businesses, or small organizations,	2885
as defined in section 121.24 of the Revised Code, and may testify	2886
before the joint committee on agency rule review concerning any	2887
proposed rule affecting individuals, small businesses, or small	2888
organizations.	2889

(3) Prepare and publish the small business register under	2890
section 122.081 of the Revised Code;	2891

(4) Receive complaints from small businesses concerning	2892
governmental activity, compile and analyze those complaints, and	2893
periodically make recommendations to the governor and the general	2894
assembly on changes in state laws or agency rules needed to	2895
eliminate burdensome and unproductive governmental regulation to	2896
improve the economic climate within which small businesses	2897
operate;	2898

(5) Receive complaints or questions from small businesses and	2899
direct ~~such~~those businesses to the appropriate governmental	2900
agency. If, within a reasonable period of time, a complaint is not	2901
satisfactorily resolved or a question is not satisfactorily	2902
answered, the office shall, on behalf of the small business, make	2903
every effort to secure a satisfactory result. For this purpose,	2904
the office may consult with any state governmental agency and may	2905
make any suggestion or request that seems appropriate.	2906

(6) Utilize, to the maximum extent possible, the printed and	2907
electronic media to disseminate information of current concern and	2908
interest to the small business community and to make known to	2909
small businesses the services available through the office. The	2910
office shall publish such books, pamphlets, and other printed	2911
materials, and shall participate in such trade association	2912
meetings, conventions, fairs, and other meetings involving the	2913
small business community, as the manager considers appropriate.	2914

(7) Prepare for inclusion in the department of development's	2915
annual report to the governor and general assembly, a description	2916
of the activities of the office and a report of the number of	2917
rules affecting individuals, small businesses, and small	2918
organizations that were filed with the office under division	2919
(B)(2) of section 121.24 of the Revised Code, during the preceding	2920
calendar year;	2921

(8) Operate the Ohio ~~one-stop business permit center~~	2922
first-stop business connection to assist individuals in	2923
identifying and preparing applications for business licenses,	2924
permits, and certificates and to serve as the central public	2925
distributor for all forms, applications, and other information	2926
related to business licensing. Each state agency, board, and	2927
commission shall cooperate in providing assistance, information,	2928
and materials to enable the ~~center~~connection to perform its	2929
duties under this division ~~(B)(8) of this section~~.	2930

(C) The office ~~of small business~~ may, upon the request of a	2931
state agency, assist the agency with the preparation of any rule	2932
that will affect individuals, small businesses, or small	2933
organizations.	2934

(D) The director of development shall assign ~~such~~ employees	2935
and furnish ~~such~~ equipment and supplies to the office as the	2936
director considers necessary for the proper performance of the	2937
duties assigned to the office.	2938

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

2939

(1) "Full-time employee" means an individual who is employed	2940
for consideration for at least thirty-five hours a week, or who	2941
renders any other standard of service generally accepted by custom	2942
or specified by contract as full-time employment.	2943

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

2944

(a) A full-time employee first employed by a taxpayer in the	2945
project that is the subject of the agreement after the taxpayer	2946
enters into a tax credit agreement with the tax credit authority	2947
under this section;	2948

(b) A full-time employee first employed by a taxpayer in the	2949
project that is the subject of the tax credit after the tax credit	2950
authority approves a project for a tax credit under this section	2951
in a public meeting, as long as the taxpayer enters into the tax	2952
credit agreement prepared by the department of development after	2953
such meeting within sixty days after receiving the agreement from	2954
the department. If the taxpayer fails to enter into the agreement	2955
within sixty days, "new employee" has the same meaning as under	2956
division (A)(2)(a) of this section.	2957

Under division (A)(2)(a) or (b) of this section, if the tax	2958
credit authority determines it appropriate, "new employee" also	2959
may include an employee re-hired or called back from lay-off to	2960
work in a new facility or on a new product or service established	2961
or produced by the taxpayer after entering into the agreement	2962
under this section or after the tax credit authority approves the	2963
tax credit in a public meeting. "New employee" does not include	2964
any employee of the taxpayer who was previously employed in this	2965
state by a related member of the taxpayer and whose employment was	2966
shifted to the taxpayer after the taxpayer entered into the tax	2967
credit agreement or after the tax credit authority approved the	2968
credit in a public meeting, or any employee of the taxpayer for	2969
which the taxpayer has been granted a certificate under division	2970
(B) of section 5709.66 of the Revised Code. "New employee" also	2971
does not include an employee of the taxpayer who is employed in an	2972
employment position that was relocated to a project from other	2973
operations of the taxpayer in this state or from operations of a	2974
related member of the taxpayer in this state. In addition, "new	2975
employee" does not include a child, grandchild, parent, or spouse,	2976
other than a spouse who is legally separated from the individual,	2977
of any individual who is an employee of the taxpayer and who has a	2978
direct or indirect ownership interest of at least five per cent in	2979
the profits, capital, or value of the taxpayer. Such ownership	2980
interest shall be determined in accordance with section 1563 of	2981
the Internal Revenue Code and regulations prescribed thereunder.	2982

(3) "New income tax revenue" means the total amount withheld	2983
under section 5747.06 of the Revised Code by the taxpayer during	2984
the taxable year from the compensation of new employees for the	2985
tax levied under Chapter 5747. of the Revised Code.	2986

(4) "Related member" has the same meaning as under division	2987
(A)(6) of section 5733.042 of the Revised Code without regard to	2988
division (B) of that section.	2989

(B) The tax credit authority may make grants under this	2990
section to foster job creation in this state. Such a grant shall	2991
take the form of a refundable credit allowed against the tax	2992
imposed by section 5733.06 or 5747.02 of the Revised Code. The	2993
credit shall be claimed for the taxable years specified in the	2994
taxpayer's agreement with the tax credit authority under division	2995
(D) of this section. The credit shall be claimed after the	2996
allowance of all other credits provided by Chapter 5733. or 5747.	2997
of the Revised Code. The amount of the credit equals the new	2998
income tax revenue for the taxable year multiplied by the	2999
percentage specified in the agreement with the tax credit	3000
authority.	3001

(C) A taxpayer or potential taxpayer who proposes a project	3002
to create new jobs in this state may apply to the tax credit	3003
authority to enter into an agreement for a tax credit under this	3004
section. The director of development shall prescribe the form of	3005
the application. After receipt of an application, the authority	3006
may enter into an agreement with the taxpayer for a credit under	3007
this section if it determines all of the following:	3008

(1) The taxpayer's project will create new jobs in this	3009
state;	3010

(2) The taxpayer's project is economically sound and will	3011
benefit the people of this state by increasing opportunities for	3012
employment and strengthening the economy of this state;	3013

(3) Receiving the tax credit is a major factor in the	3014
taxpayer's decision to go forward with the project.	3015

(D) An agreement under this section shall include all of the	3016
following:	3017

(1) A detailed description of the project that is the subject	3018
of the agreement;	3019

(2) The term of the tax credit, which shall not exceed ~~ten~~	3020
fifteen years, and the first taxable year for which the credit may	3021
be claimed;	3022

(3) A requirement that the taxpayer shall maintain operations	3023
at the project location for at least twice the number of years as	3024
the term of the tax credit;	3025

(4) The percentage, as determined by the tax credit	3026
authority, of new income tax revenue that will be allowed as the	3027
amount of the credit for each taxable year;	3028

(5) A specific method for determining how many new employees	3029
are employed during a taxable year;	3030

(6) A requirement that the taxpayer annually shall report to	3031
the director of development the number of new employees, the new	3032
income tax revenue withheld in connection with the new employees,	3033
and any other information the director needs to perform ~~his~~the	3034
director's duties under this section;	3035

(7) A requirement that the director of development annually	3036
shall verify the amounts reported under division (D)(6) of this	3037
section, and after doing so shall issue a certificate to the	3038
taxpayer stating that the amounts have been verified;	3039

(8)(a) A provision requiring that the taxpayer, except as	3040
otherwise provided in division (D)(8)(b) of this section, shall	3041
not relocate employment positions from elsewhere in this state to	3042
the project site that is the subject of the agreement for the	3043
lesser of five years from the date the agreement is entered into	3044
or the number of years the taxpayer is entitled to claim the tax	3045
credit.	3046

(b) The taxpayer may relocate employment positions from	3047
elsewhere in this state to the project site that is the subject of	3048
the agreement if the director of development determines both of	3049
the following:	3050

(i) That the site from which the employment positions would	3051
be relocated is inadequate to meet market and industry conditions,	3052
expansion plans, consolidation plans, or other business	3053
considerations affecting the taxpayer;	3054

(ii) That the legislative authority of the county, township,	3055
or municipal corporation from which the employment positions would	3056
be relocated has been notified of the relocation.	3057

For purposes of this section, the movement of an employment	3058
position from one political subdivision to another political	3059
subdivision shall be considered a relocation of an employment	3060
position, but the transfer of an individual employee from one	3061
political subdivision to another political subdivision shall not	3062
be considered a relocation of an employment position as long as	3063
the individual's employment position in the first political	3064
subdivision is refilled.	3065

(E) If a taxpayer fails to meet or comply with any condition	3066
or requirement set forth in a tax credit agreement, the tax credit	3067
authority may amend the agreement to reduce the percentage or term	3068
of the tax credit. The reduction of the percentage or term shall	3069
take effect in the taxable year immediately following the taxable	3070
year in which the authority amends the agreement. If the taxpayer	3071
relocates employment positions in violation of the provision	3072
required under division (D)(8)(a) of this section, the taxpayer	3073
shall not claim the tax credit under section 5733.0610 of the	3074
Revised Code for any tax years following the calendar year in	3075
which the relocation occurs, or shall not claim the tax credit	3076
under section 5747.058 of the Revised Code for the taxable year in	3077
which the relocation occurs and any subsequent taxable years.	3078

(F) Projects that consist solely of point-of-final-purchase	3079
retail facilities are not eligible for a tax credit under this	3080
section. If a project consists of both point-of-final-purchase	3081
retail facilities and nonretail facilities, only the portion of	3082
the project consisting of the nonretail facilities is eligible for	3083
a tax credit and only the new income tax revenue from new	3084
employees of the nonretail facilities shall be considered when	3085
computing the amount of the tax credit. If a warehouse facility is	3086
part of a point-of-final-purchase retail facility and supplies	3087
only that facility, the warehouse facility is not eligible for a	3088
tax credit. Catalog distribution centers are not considered	3089
point-of-final-purchase retail facilities for the purposes of this	3090
division, and are eligible for tax credits under this section.	3091

(G) Financial statements and other information submitted to	3092
the department of development or the tax credit authority by an	3093
applicant or recipient of a tax credit under this section, and any	3094
information taken for any purpose from such statements or	3095
information, are not public records subject to section 149.43 of	3096
the Revised Code. However, the chairperson of the authority may	3097
make use of the statements and other information for purposes of	3098
issuing public reports or in connection with court proceedings	3099
concerning tax credit agreements under this section. Upon the	3100
request of the tax commissioner, the chairperson of the authority	3101
shall provide to the commissioner any statement or information	3102
submitted by an applicant or recipient of a tax credit in	3103
connection with the credit. The commissioner shall preserve the	3104
confidentiality of the statement or information.	3105

(H) A taxpayer claiming a credit under this section shall	3106
submit to the tax commissioner a copy of the director of	3107
development's certificate of verification under division (D)(7) of	3108
this section for the taxable year. However, failure to submit a	3109
copy of the certificate does not invalidate a claim for a credit.	3110

(I) The director of development, after consultation with the	3111
tax commissioner and in accordance with Chapter 119. of the	3112
Revised Code, shall adopt rules necessary to implement this	3113
section. The rules may provide for recipients of tax credits under	3114
this section to be charged fees to cover administrative costs of	3115
the tax credit program. At the time the director gives public	3116
notice under division (A) of section 119.03 of the Revised Code of	3117
the adoption of the rules, the director shall submit copies of the	3118
proposed rules to the chairpersons of the standing committees on	3119
economic development in the senate and the house of	3120
representatives.	3121

(J) For the purposes of this section, a taxpayer may include	3122
a partnership, a corporation that has made an election under	3123
subchapter S of chapter one of subtitle A of the Internal Revenue	3124
Code, or any other business entity through which income flows as a	3125
distributive share to its owners. A credit received under this	3126
section by a partnership, S-corporation, or other such business	3127
entity shall be apportioned among the persons to whom the income	3128
or profit of the partnership, S-corporation, or other entity is	3129
distributed, in the same proportions as those in which the income	3130
or profit is distributed.	3131

(K) If the director of development determines that a taxpayer	3132
who has received a credit under this section is not complying with	3133
the requirement under division (D)(3) of this section, the	3134
director shall notify the tax credit authority of the	3135
noncompliance. After receiving such a notice, and after giving the	3136
taxpayer an opportunity to explain the noncompliance, the tax	3137
credit authority may require the taxpayer to refund to this state	3138
a portion of the credit in accordance with the following:	3139

(1) If the taxpayer maintained operations at the project	3140
location for at least one and one-half times the number of years	3141
of the term of the tax credit, an amount not exceeding twenty-five	3142
per cent of the sum of any previously allowed credits under this	3143
section;	3144

(2) If the taxpayer maintained operations at the project	3145
location for at least the number of years of the term of the tax	3146
credit, an amount not exceeding fifty per cent of the sum of any	3147
previously allowed credits under this section;	3148

(3) If the taxpayer maintained operations at the project	3149
location for less than the number of years of the term of the tax	3150
credit, an amount not exceeding one hundred per cent of the sum of	3151
any previously allowed credits under this section.	3152

In determining the portion of the tax credit to be refunded	3153
to this state, the tax credit authority shall consider the effect	3154
of market conditions on the taxpayer's project and whether the	3155
taxpayer continues to maintain other operations in this state.	3156
After making the determination, the authority shall certify the	3157
amount to be refunded to the tax commissioner. The commissioner	3158
shall make an assessment for that amount against the taxpayer	3159
under Chapter 5733. or 5747. of the Revised Code. The time	3160
limitations on assessments under Chapter 5733. or 5747. of the	3161
Revised Code do not apply to an assessment under this division,	3162
but the commissioner shall make the assessment within one year	3163
after the date the authority certifies to the commissioner the	3164
amount to be refunded.	3165

(L) On or before the thirty-first day of March each year, the	3166
director of development shall submit a report to the governor, the	3167
president of the senate, and the speaker of the house of	3168
representatives on the tax credit program under this section. The	3169
report shall include information on the number of agreements that	3170
were entered into under this section during the preceding calendar	3171
year, a description of the project that is the subject of each	3172
such agreement, and an update on the status of projects under	3173
agreements entered into before the preceding calendar year.	3174

During the fifth year of the tax credit program, the director	3175
of development in conjunction with the director of budget and	3176
management shall conduct an evaluation of it. The evaluation shall	3177
include assessments of the effectiveness of the program in	3178
creating new jobs in this state and of the revenue impact of the	3179
program, and may include a review of the practices and experiences	3180
of other states with similar programs. The director of development	3181
shall submit a report on the evaluation to the governor, the	3182
president of the senate, and the speaker of the house of	3183
representatives on or before January 1, 1998.	3184

(M) There is hereby created the tax credit authority, which	3185
consists of the director of development and four other members	3186
appointed as follows: the governor, the president of the senate,	3187
and the speaker of the house of representatives each shall appoint	3188
one member who shall be a specialist in economic development; the	3189
governor also shall appoint a member who is a specialist in	3190
taxation. Of the initial appointees, the members appointed by the	3191
governor shall serve a term of two years; the members appointed by	3192
the president of the senate and the speaker of the house of	3193
representatives shall serve a term of four years. Thereafter,	3194
terms of office shall be for four years. Initial appointments to	3195
the authority shall be made within thirty days after January 13,	3196
1993. Each member shall serve on the authority until the end of	3197
the term for which the member was appointed. Vacancies shall be	3198
filled in the same manner provided for original appointments. Any	3199
member appointed to fill a vacancy occurring prior to the	3200
expiration of the term for which the member's predecessor was	3201
appointed shall hold office for the remainder of that term.	3202
Members may be reappointed to the authority. Members of the	3203
authority shall receive their necessary and actual expenses while	3204
engaged in the business of the authority. The director of	3205
development shall serve as chairperson of the authority, and the	3206
members annually shall elect a vice-chairperson from among	3207
themselves. Three members of the authority constitute a quorum to	3208
transact and vote on the business of the authority. The majority	3209
vote of the membership of the authority is necessary to approve	3210
any such business, including the election of the vice-chairperson.	3211

The director of development may appoint a professional	3212
employee of the department of development to serve as the	3213
director's substitute at a meeting of the authority. The director	3214
shall make the appointment in writing. In the absence of the	3215
director from a meeting of the authority, the appointed substitute	3216
shall serve as chairperson. In the absence of both the director	3217
and the director's substitute from a meeting, the vice-chairperson	3218
shall serve as chairperson.	3219

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

3220

(1) "Capital investment project" means a plan of investment	3221
at a project site for the acquisition, construction, renovation,	3222
or repair of buildings, machinery, or equipment, or for	3223
capitalized costs of basic research and new product development	3224
determined in accordance with generally accepted accounting	3225
principles, but does not include any of the following:	3226

(a) Payments made for the acquisition of personal property	3227
through operating leases;	3228

(b) Project costs paid before January 1, 2002, or after	3229
December 31, 2006;	3230

(c) Payments made to a related member as defined in section	3231
5733.042 of the Revised Code.	3232

(2) "Eligible business" means a business with Ohio operations	3233
satisfying all of the following:	3234

(a) Employed an average of at least one thousand employees in	3235
full-time employment positions at a project site during each of	3236
the twelve months preceding the application for a tax credit under	3237
this section; and	3238

(b) On or after January 1, 2002, has made payments for the	3239
capital investment project of either of the following:	3240

(i) At least two hundred million dollars in the aggregate at	3241
the project site during a period of three consecutive calendar	3242
years including the calendar year that includes a day of the	3243
taxpayer's taxable year with respect to which the credit is	3244
granted;	3245

(ii) If the average wage of all full-time employment	3246
positions at the project site is greater than four hundred per	3247
cent of the federal minimum wage, at least one hundred million	3248
dollars in the aggregate at the project site during a period of	3249
three consecutive calendar years including the calendar year that	3250
includes a day of the taxpayer's taxable year with respect to	3251
which the credit is granted.	3252

(c) Is engaged at the project site primarily as a	3253
manufacturer or is providing significant corporate administrative	3254
functions;	3255

(d) Has had a capital investment project reviewed and	3256
approved by the tax credit authority as provided in divisions (C),	3257
(D), and (E) of this section.	3258

(3) "Full-time employment position" means a position of	3259
employment for consideration for at least thirty-five hours a week	3260
that has been filled for at least one hundred eighty days	3261
immediately preceding the filing of an application under this	3262
section and for at least one hundred eighty days during each	3263
taxable year with respect to which the credit is granted.	3264

(4) "Manufacturer" has the same meaning as in section	3265
5739.011 of the Revised Code.	3266

(5) "Project site" means an integrated complex of facilities	3267
in this state, as specified by the tax credit authority under this	3268
section, within a fifteen-mile radius where a taxpayer is	3269
primarily operating as an eligible business.	3270

(6) "Applicable corporation" means a corporation satisfying	3271
all of the following:	3272

(a)(i) For the entire taxable year immediately preceding the	3273
tax year, the corporation develops software applications primarily	3274
to provide telecommunication billing and information services	3275
through outsourcing or licensing to domestic or international	3276
customers.	3277

(ii) Sales and licensing of software generated at least six	3278
hundred million dollars in revenue during the taxable year	3279
immediately preceding the tax year the corporation is first	3280
entitled to claim the credit provided under division (B) of this	3281
section.	3282

(b) For the entire taxable year immediately preceding the tax	3283
year, the corporation or one or more of its related members	3284
provides customer or employee care and technical support for	3285
clients through one or more contact centers within this state, and	3286
the corporation and its related members together have a daily	3287
average, based on a three hundred sixty-five day year, of at least	3288
five hundred thousand successful customer contacts through one or	3289
more of their contact centers, wherever located.	3290

(c) The corporation is eligible for the credit under division	3291
(B) of this section for the tax year.	3292

(7) "Related member" has the same meaning as in section	3293
5733.042 of the Revised Code as that section existed on the	3294
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	3295
general assembly.	3296

(8) "Successful customer contact" means a contact with an end	3297
user via telephone, including interactive voice recognition or	3298
similar means, where the contact culminates in a conversation or	3299
connection other than a busy signal or equipment busy.	3300

(9) "Telecommunications" means all forms of	3301
telecommunications service as defined in section 5739.01 of the	3302
Revised Code, and includes services in wireless, wireline, cable,	3303
broadband, internet protocol, and satellite.	3304

(10)(a) "Applicable difference" means the difference between	3305
the tax for the tax year under Chapter 5733. of the Revised Code	3306
applying the law in effect for that tax year, and the tax for that	3307
tax year if section 5733.042 of the Revised Code applied as that	3308
section existed on the effective date of its amendment by Am. Sub.	3309
H.B. 215 of the 122nd general assembly, subject to division	3310
(A)(10)(b) of this section.	3311

(b) If the tax rate set forth in division (B) of section	3312
5733.06 of the Revised Code for the tax year is less than eight	3313
and one-half per cent, the tax calculated under division	3314
(A)(10)(a) of this section shall be computed by substituting a tax	3315
rate of eight and one-half per cent for the rate set forth in	3316
division (B) of section 5733.06 of the Revised Code for the tax	3317
year.	3318

(c) If the resulting difference is negative, the applicable	3319
tax difference for the tax year shall be zero.	3320

(B) The tax credit authority created under section 122.17 of	3321
the Revised Code may grant tax credits under this section for the	3322
purpose of fostering job retention in this state. Upon application	3323
by an eligible business and upon consideration of the	3324
recommendation of the director of budget and management, tax	3325
commissioner, and director of development under division (C) of	3326
this section, the tax credit authority may grant to an eligible	3327
business a nonrefundable credit against the tax imposed by section	3328
5733.06 or 5747.02 of the Revised Code for a period up to ~~ten~~	3329
fifteen taxable years. The credit shall be in an amount not	3330
exceeding seventy-five per cent of the Ohio income tax withheld	3331
from the employees of the eligible business occupying full-time	3332
employment positions at the project site during the calendar year	3333
that includes the last day of such business' taxable year with	3334
respect to which the credit is granted. The amount of the credit	3335
shall not be based on the Ohio income tax withheld from full-time	3336
employees for a calendar year prior to the calendar year in which	3337
the minimum investment requirement referred to in division	3338
(A)(2)(b) of this section is completed. The credit shall be	3339
claimed only for the taxable years specified in the eligible	3340
business' agreement with the tax credit authority under division	3341
(E) of this section, but in no event shall the credit be claimed	3342
for a taxable year terminating before the date specified in the	3343
agreement.	3344

The credit computed under this division is in addition to any	3345
credit allowed under division (M) of this section.	3346

Any unused portion of a tax credit may be carried forward for	3347
not more than three additional years after the year for which the	3348
credit is granted.	3349

(C) A taxpayer that proposes a capital investment project to	3350
retain jobs in this state may apply to the tax credit authority to	3351
enter into an agreement for a tax credit under this section. The	3352
director of development shall prescribe the form of the	3353
application. After receipt of an application, the authority shall	3354
forward copies of the application to the director of budget and	3355
management, the tax commissioner, and the director of development,	3356
each of whom shall review the application to determine the	3357
economic impact the proposed project would have on the state and	3358
the affected political subdivisions and shall submit a summary of	3359
their determinations and recommendations to the authority. The	3360
authority shall make no agreements under this section after June	3361
30, 2007.	3362

(D) Upon review of the determinations and recommendations	3363
described in division (C) of this section, the tax credit	3364
authority may enter into an agreement with the taxpayer for a	3365
credit under this section if the authority determines all of the	3366
following:	3367

(1) The taxpayer's capital investment project will result in	3368
the retention of full-time employment positions in this state.	3369

(2) The taxpayer is economically sound and has the ability to	3370
complete the proposed capital investment project.	3371

(3) The taxpayer intends to and has the ability to maintain	3372
operations at the project site for at least twice the term of the	3373
credit.	3374

(4) Receiving the credit is a major factor in the taxpayer's	3375
decision to begin, continue with, or complete the project.	3376

(5) The political subdivisions in which the project is	3377
located have agreed to provide substantial financial support to	3378
the project.	3379

(E) An agreement under this section shall include all of the	3380
following:	3381

(1) A detailed description of the project that is the subject	3382
of the agreement, including the amount of the investment, the	3383
period over which the investment has been or is being made, and	3384
the number of full-time employment positions at the project site.	3385

(2) The method of calculating the number of full-time	3386
employment positions as specified in division (A)(3) of this	3387
section.	3388

(3) The term and percentage of the tax credit, and the first	3389
year for which the credit may be claimed.	3390

(4) A requirement that the taxpayer maintain operations at	3391
the project site for at least twice the number of years as the	3392
term of the credit.	3393

(5) A requirement that the taxpayer retain a specified number	3394
of full-time employment positions at the project site and within	3395
this state for the term of the credit, including a requirement	3396
that the taxpayer continue to employ at least one thousand	3397
employees in full-time employment positions at the project site	3398
during the entire term of any agreement, subject to division	3399
(E)(7) of this section.	3400

(6) A requirement that the taxpayer annually report to the	3401
director of development the number of full-time employment	3402
positions subject to the credit, the amount of tax withheld from	3403
employees in those positions, the amount of the payments made for	3404
the capital investment project, and any other information the	3405
director needs to perform the director's duties under this	3406
section.	3407

(7) A requirement that the director of development annually	3408
review the annual reports of the taxpayer to verify the	3409
information reported under division (E)(6) of this section and	3410
compliance with the agreement. Upon verification, the director	3411
shall issue a certificate to the taxpayer stating that the	3412
information has been verified and identifying the amount of the	3413
credit for the taxable year. ~~The~~Unless otherwise specified by the	3414
tax credit authority in a resolution and included as part of the	3415
agreement, the director shall not issue a certificate for any year	3416
in which the total number of filled full-time employment positions	3417
for each day of the calendar year divided by three hundred	3418
sixty-five is less than ninety per cent of the full-time	3419
employment positions specified in division (E)(5) of this section.	3420
In determining the number of full-time employment positions, no	3421
position shall be counted that is filled by an employee who is	3422
included in the calculation of a tax credit under section 122.17	3423
of the Revised Code.	3424

(8)(a) A provision requiring that the taxpayer, except as	3425
otherwise provided in division (E)(8)(b) of this section, shall	3426
not relocate employment positions from elsewhere in this state to	3427
the project site that is the subject of the agreement for the	3428
lesser of five years from the date the agreement is entered into	3429
or the number of years the taxpayer is entitled to claim the	3430
credit.	3431

(b) The taxpayer may relocate employment positions from	3432
elsewhere in this state to the project site that is the subject of	3433
the agreement if the director of development determines both of	3434
the following:	3435

(i) That the site from which the employment positions would	3436
be relocated is inadequate to meet market and industry conditions,	3437
expansion plans, consolidation plans, or other business	3438
considerations affecting the taxpayer;	3439

(ii) That the legislative authority of the county, township,	3440
or municipal corporation from which the employment positions would	3441
be relocated has been notified of the relocation.	3442

For purposes of this section, the movement of an employment	3443
position from one political subdivision to another political	3444
subdivision shall be considered a relocation of an employment	3445
position unless the movement is confined to the project site. The	3446
transfer of an individual employee from one political subdivision	3447
to another political subdivision shall not be considered a	3448
relocation of an employment position as long as the individual's	3449
employment position in the first political subdivision is	3450
refilled.	3451

(9) A waiver by the taxpayer of any limitations periods	3452
relating to assessments or adjustments resulting from the	3453
taxpayer's failure to comply with the agreement.	3454

(F) If a taxpayer fails to meet or comply with any condition	3455
or requirement set forth in a tax credit agreement, the tax credit	3456
authority may amend the agreement to reduce the percentage or term	3457
of the credit. The reduction of the percentage or term shall take	3458
effect in the taxable year immediately following the taxable year	3459
in which the authority amends the agreement. If the taxpayer	3460
relocates employment positions in violation of the provision	3461
required under division (D)(8)(a) of this section, the taxpayer	3462
shall not claim the tax credit under section 5733.0610 of the	3463
Revised Code for any tax years following the calendar year in	3464
which the relocation occurs, or shall not claim the tax credit	3465
under section 5747.058 of the Revised Code for the taxable year in	3466
which the relocation occurs and any subsequent taxable years.	3467

(G) Financial statements and other information submitted to	3468
the department of development or the tax credit authority by an	3469
applicant for or recipient of a tax credit under this section, and	3470
any information taken for any purpose from such statements or	3471
information, are not public records subject to section 149.43 of	3472
the Revised Code. However, the chairperson of the authority may	3473
make use of the statements and other information for purposes of	3474
issuing public reports or in connection with court proceedings	3475
concerning tax credit agreements under this section. Upon the	3476
request of the tax commissioner, the chairperson of the authority	3477
shall provide to the commissioner any statement or other	3478
information submitted by an applicant for or recipient of a tax	3479
credit in connection with the credit. The commissioner shall	3480
preserve the confidentiality of the statement or other	3481
information.	3482

(H) A taxpayer claiming a tax credit under this section shall	3483
submit to the tax commissioner a copy of the director of	3484
development's certificate of verification under division (E)(7) of	3485
this section for the taxable year. However, failure to submit a	3486
copy of the certificate does not invalidate a claim for a credit.	3487

(I) For the purposes of this section, a taxpayer may include	3488
a partnership, a corporation that has made an election under	3489
subchapter S of chapter one of subtitle A of the Internal Revenue	3490
Code, or any other business entity through which income flows as a	3491
distributive share to its owners. A tax credit received under this	3492
section by a partnership, S-corporation, or other such business	3493
entity shall be apportioned among the persons to whom the income	3494
or profit of the partnership, S-corporation, or other entity is	3495
distributed, in the same proportions as those in which the income	3496
or profit is distributed.	3497

(J) If the director of development determines that a taxpayer	3498
that received a tax credit under this section is not complying	3499
with the requirement under division (E)(4) of this section, the	3500
director shall notify the tax credit authority of the	3501
noncompliance. After receiving such a notice, and after giving the	3502
taxpayer an opportunity to explain the noncompliance, the	3503
authority may terminate the agreement and require the taxpayer to	3504
refund to the state all or a portion of the credit claimed in	3505
previous years, as follows:	3506

(1) If the taxpayer maintained operations at the project site	3507
for less than the term of the credit, the amount required to be	3508
refunded shall not exceed the amount of any tax credits previously	3509
allowed and received under this section.	3510

(2) If the taxpayer maintained operations at the project site	3511
longer than the term of the credit but less than one and one-half	3512
times the term of the credit, the amount required to be refunded	3513
shall not exceed fifty per cent of the sum of any tax credits	3514
previously allowed and received under this section.	3515

(3) If the taxpayer maintained operations at the project site	3516
for at least one and one-half times the term of the credit but	3517
less than twice the term of the credit, the amount required to be	3518
refunded shall not exceed twenty-five per cent of the sum of any	3519
tax credits previously allowed and received under this section.	3520

In determining the portion of the credit to be refunded to	3521
this state, the authority shall consider the effect of market	3522
conditions on the taxpayer's project and whether the taxpayer	3523
continues to maintain other operations in this state. After making	3524
the determination, the authority shall certify the amount to be	3525
refunded to the tax commissioner. The commissioner shall make an	3526
assessment for that amount against the taxpayer under Chapter	3527
5733. or 5747. of the Revised Code. The time limitations on	3528
assessments under Chapter 5733. or 5747. of the Revised Code do	3529
not apply to an assessment under this division, but the	3530
commissioner shall make the assessment within one year after the	3531
date the authority certifies to the commissioner the amount to be	3532
refunded.	3533

If the director of development determines that a taxpayer	3534
that received a tax credit under this section has reduced the	3535
number of employees agreed to under division (E)(5) of this	3536
section by more than ten per cent, the director shall notify the	3537
tax credit authority of the noncompliance. After receiving such	3538
notice, and after providing the taxpayer an opportunity to explain	3539
the noncompliance, the authority may amend the agreement to reduce	3540
the percentage or term of the tax credit. The reduction in the	3541
percentage or term shall take effect in the taxable year in which	3542
the authority amends the agreement.	3543

(K) The director of development, after consultation with the	3544
tax commissioner and in accordance with Chapter 119. of the	3545
Revised Code, shall adopt rules necessary to implement this	3546
section. The rules may provide for recipients of tax credits under	3547
this section to be charged fees to cover administrative costs of	3548
the tax credit program. At the time the director gives public	3549
notice under division (A) of section 119.03 of the Revised Code of	3550
the adoption of the rules, the director shall submit copies of the	3551
proposed rules to the chairpersons of the standing committees on	3552
economic development in the senate and the house of	3553
representatives.	3554

(L) On or before the thirty-first day of March of each year,	3555
the director of development shall submit a report to the governor,	3556
the president of the senate, and the speaker of the house of	3557
representatives on the tax credit program under this section. The	3558
report shall include information on the number of agreements that	3559
were entered into under this section during the preceding calendar	3560
year, a description of the project that is the subject of each	3561
such agreement, and an update on the status of projects under	3562
agreements entered into before the preceding calendar year.	3563

(M)(1) A nonrefundable credit shall be allowed to an	3564
applicable corporation and its related members in an amount equal	3565
to the applicable difference. The credit is in addition to the	3566
credit granted to the corporation or related members under	3567
division (B) of this section. The credit is subject to divisions	3568
(B) to (E) and division (J) of this section.	3569

(2) A person qualifying as an applicable corporation under	3570
this section for a tax year does not necessarily qualify as an	3571
applicable corporation for any other tax year. No person is	3572
entitled to the credit allowed under division (M) of this section	3573
for the tax year immediately following the taxable year during	3574
which the person fails to meet the requirements in divisions	3575
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	3576
to the credit allowed under division (M) of this section for any	3577
tax year for which the person is not eligible for the credit	3578
provided under division (B) of this section.	3579

Sec. 122.25. (A) In administering the program established	3580
under section 122.24 of the Revised Code, the director of	3581
development shall do all of the following:	3582

(1) Annually designate, by the first day of January of each	3583
year, the entities that constitute the eligible areas in this	3584
state as defined in section 122.23 of the Revised Code;	3585

(2) Inform local governments and others in the state of the	3586
availability of the program and financial assistance established	3587
under sections 122.23 to 122.27 of the Revised Code;	3588

(3) Report to the governor, president of the senate, speaker	3589
of the house of representatives, and minority leaders of the	3590
senate and the house of representatives by the thirtieth day of	3591
June of each year on the activities carried out under the program	3592
during the preceding calendar year. The report shall include the	3593
number of loans made that year and the amount and recipient of	3594
each loan.	3595

(4) Work in conjunction with conventional lending	3596
institutions, local revolving loan funds, private investors, and	3597
other private and public financing sources to provide loans or	3598
loan guarantees to eligible applicants;	3599

(5) Establish fees, charges, interest rates, payment	3600
schedules, local match requirements, and other terms and	3601
conditions for loans and loan guarantees provided under the loan	3602
program created by section 122.24 of the Revised Code;	3603

(6) Require each applicant to demonstrate the suitability of	3604
any site for the assistance sought; that the site has been	3605
surveyed, has adequate or available utilities, and that there are	3606
no zoning restrictions, environmental regulations, or other	3607
matters impairing the use of the site for the purpose intended;	3608

(7) Require each applicant to provide a marketing plan and	3609
management strategy for the project;	3610

(8) Adopt rules in accordance with Chapter 119. of the	3611
Revised Code establishing all of the following:	3612

(a) Forms and procedures by which eligible applicants may	3613
apply for assistance;	3614

(b) Criteria for reviewing, evaluating, and ranking	3615
applications, and for approving applications that best serve the	3616
goals of the program;	3617

3618

(d) Guidelines regarding situations in which industrial parks	3619
would be considered to compete against one another for the	3620
purposes of division (B)(2) of section 122.27 of the Revised Code;	3621

(e) Any other rules necessary to implement and administer the	3622
program created by section 122.24 of the Revised Code.	3623

(B) The director may adopt rules in accordance with Chapter	3624
119. of the Revised Code establishing requirements governing the	3625
use of any industrial park site receiving assistance under section	3626
122.24 of the Revised Code, such that a certain portion of the	3627
site must be used for manufacturing, distribution, high	3628
technology, research and development, or other businesses wherein	3629
a majority of the product or service produced is exported out of	3630
the state.	3631

(C) As a condition to receiving assistance under section	3632
122.24 of the Revised Code, and except as provided in division (D)	3633
of this section, an applicant must agree, for a period of five	3634
years, not to permit the use of a site that is developed or	3635
improved with such assistance to cause the relocation of jobs to	3636
that site from elsewhere in Ohio.	3637

(D) A site developed or improved with assistance under	3638
section 122.24 of the Revised Code may be the site of jobs	3639
relocated from elsewhere in Ohio if the director of development	3640
does all of the following:	3641

(1) Makes a written determination that the site from which	3642
the jobs would be relocated is inadequate to meet market or	3643
industry conditions, expansion plans, consolidation plans, or	3644
other business considerations affecting the relocating employer;	3645

(2) Provides a copy of the determination required by division	3646
(D)(1) of this section to the members of the general assembly	3647
whose legislative districts include the site from which the jobs	3648
would be relocated~~, and to the joint legislative committee on tax~~	3649
~~incentives~~;	3650

(3) Determines that the governing body of the area from which	3651
the jobs would be relocated has been notified in writing by the	3652
relocating company of the possible relocation.	3653

(E) The director of development must obtain the approval of	3654
the controlling board for any loan or loan guarantee provided	3655
under sections 122.23 to 122.27 of the Revised Code.	3656

Sec. 122.651. (A) There is hereby created the clean Ohio	3657
council consisting of the director of development or the	3658
director's designee, the director of environmental protection or	3659
the director's designee, the lieutenant governor or the lieutenant	3660
governor's designee, the director of the Ohio public works	3661
commission as a nonvoting, ex officio member, one member of the	3662
majority party of the senate and one member of the minority party	3663
of the senate to be appointed by the president of the senate, one	3664
member of the majority party of the house of representatives and	3665
one member of the minority party of the house of representatives	3666
to be appointed by the speaker of the house of representatives,	3667
and seven members to be appointed by the governor with the advice	3668
and consent of the senate. Of the members appointed by the	3669
governor, one shall represent the interests of counties, one shall	3670
represent the interests of townships, one shall represent the	3671
interests of municipal corporations, two shall represent the	3672
interests of business and development, and two shall represent	3673
statewide environmental advocacy organizations. The members	3674
appointed by the governor shall reflect the demographic and	3675
economic diversity of the population of the state. Additionally,	3676
the governor's appointments shall represent all areas of the	3677
state. All appointments to the council shall be made not later	3678
than one hundred twenty days after July 26, 2001.	3679

(B) The members appointed by the president of the senate and	3680
speaker of the house of representatives shall serve at the	3681
pleasure of their appointing authorities. Of the initial members	3682
appointed by the governor to the clean Ohio council, four shall be	3683
appointed for two years and three shall be appointed for one year.	3684
Thereafter, terms of office for members appointed by the governor	3685
shall be for two years, with each term ending on the same day of	3686
the same month as did the term that it succeeds. Each of those	3687
members shall hold office from the date of appointment until the	3688
end of the term for which the member is appointed.	3689

Members may be reappointed. Vacancies shall be filled in the	3690
same manner as provided for original appointments. Any member	3691
appointed to fill a vacancy occurring prior to the expiration date	3692
of the term for which the member was appointed shall hold office	3693
for the remainder of that term. A member shall continue in office	3694
after the expiration date of the member's term until the member's	3695
successor takes office or until a period of sixty days has	3696
elapsed, whichever occurs first. The governor may remove a member	3697
appointed by the governor for misfeasance, nonfeasance, or	3698
malfeasance in office.	3699

(C) The ~~director of development~~governor shall appoint a	3700
member of the clean Ohio council to serve as the chairperson of	3701
the ~~clean Ohio~~ council. The director of development shall serve as	3702
the vice-chairperson of the council unless appointed chairperson.	3703
If the director is appointed chairperson, the council annually	3704
shall select from among its members a vice-chairperson to serve	3705
while the director is chairperson. The council annually shall	3706
select from among its members ~~a vice-chairperson and~~ a secretary	3707
to keep a record of its proceedings. A majority vote of a quorum	3708
of the members of the council is necessary to take action on any	3709
matter. The council may adopt bylaws governing its operation,	3710
including bylaws that establish the frequency of meetings,	3711
procedures for reviewing eligible projects under sections 122.65	3712
to 122.658 of the Revised Code and policies and requirements	3713
established under section 122.657 of the Revised Code, and other	3714
necessary procedures.	3715

(D) Members of the clean Ohio council shall be deemed to be	3716
public officials or officers only for the purposes of section 9.86	3717
and Chapters 102. and 2921. of the Revised Code. Serving as a	3718
member of the clean Ohio council does not constitute holding a	3719
public office or position of employment so as to constitute	3720
grounds for removal of public officers or employees serving as	3721
members of the council from their offices or positions of	3722
employment. Members of the council shall file with the Ohio ethics	3723
commission the disclosure statement described in division (A) of	3724
section 102.02 of the Revised Code on the form prescribed by the	3725
commission and be subject to divisions (C) and (D) of that	3726
section. Members of the council shall serve without compensation	3727
for attending council meetings, but shall receive their actual and	3728
necessary traveling and other expenses incurred in the performance	3729
of their official duties in accordance with the rules of the	3730
office of budget and management.	3731

(E) Members appointed by the governor to represent the	3732
interests of counties, townships, and municipal corporations do	3733
not have a conflict of interest by virtue of their service in the	3734
position. For the purposes of this division, "conflict of	3735
interest" means the taking of any action as a member of the	3736
council that affects a public agency the person serves as an	3737
officer or employee.	3738

(F) The department of development shall provide office space	3739
for the council. The council shall be assisted in its duties by	3740
the staff of the department of development and the environmental	3741
protection agency.	3742

(G) Sections 101.82 to 101.87 of the Revised Code do not	3743
apply to the clean Ohio council.	3744

Sec. 122.658. (A) The clean Ohio revitalization fund is	3745
hereby created in the state treasury. The fund shall consist of	3746
moneys credited to it pursuant to section 151.40 of the Revised	3747
Code. Moneys in the fund shall be used to make grants or loans for	3748
projects that have been approved by the clean Ohio council in	3749
accordance with section 122.653 of the Revised Code, except that	3750
the council annually shall devote twenty per cent of the net	3751
proceeds of obligations deposited in the clean Ohio revitalization	3752
fund for the purposes of section 122.656 of the Revised Code.	3753

Moneys in the clean Ohio revitalization fund may be used to	3754
pay reasonable costs incurred by the department of development and	3755
the environmental protection agency in administering sections	3756
122.65 to 122.658 of the Revised Code. All investment earnings of	3757
the fund shall be credited to the fund. ~~For two years after July~~	3758
~~26, 2001, investment~~Investment earnings credited to the clean	3759
Ohio revitalization fund may be used to pay costs incurred by the	3760
department of development and the environmental protection agency	3761
pursuant to sections 122.65 to 122.658 of the Revised Code.	3762

The department of development shall administer the clean Ohio	3763
revitalization fund in accordance with this section, policies and	3764
requirements established under section 122.657 of the Revised	3765
Code, and the terms of agreements entered into by the council	3766
under section 122.653 of the Revised Code.	3767

(B) Grants awarded and loans made under section 122.653 of	3768
the Revised Code shall provide not more than seventy-five per cent	3769
of the estimated total cost of a project. A grant or loan to any	3770
one project shall not exceed three million dollars. An applicant	3771
shall provide at least twenty-five per cent of the estimated total	3772
cost of a project. The applicant's share may consist of one or a	3773
combination of any of the following:	3774

(1) Payment of the cost of acquiring the property for the	3775
purposes of sections 122.65 to 122.658 of the Revised Code;	3776

(2) Payment of the reasonable cost of an assessment at the	3777
property;	3778

(3) The reasonable value, as determined by the council, of	3779
labor and materials that will be contributed by the applicant in	3780
performing the cleanup or remediation;	3781

(4) Moneys received by the applicant in any form for use in	3782
performing the cleanup or remediation;	3783

(5) Loans secured by the applicant for the purpose of the	3784
cleanup or remediation of the brownfield.	3785

Costs that were incurred more than two years prior to the	3786
submission of an application to the clean Ohio council for the	3787
acquisition of property, assessments, and labor and materials	3788
shall not be used as part of the applicant's matching share.	3789

(C) The department of development shall not make any payment	3790
to an applicant from the clean Ohio revitalization fund to pay	3791
costs of the applicant that were not included in an application	3792
for a grant or loan under section 122.653 of the Revised Code or	3793
that exceed the amount of the estimated total cost of the project	3794
included in the application. If, upon completion of a project, the	3795
costs of the project are less than the amounts included in the	3796
application, the amounts included in the application less the	3797
amounts of the actual costs of the project shall be credited to	3798
the clean Ohio revitalization fund. However, the amounts credited	3799
shall be equivalent in percentage to the percentage of the costs	3800
of the project that were to be funded by the grant or loan from	3801
the fund.	3802

(D) Grants awarded or loans made under section 122.653 of the	3803
Revised Code from the clean Ohio revitalization fund shall be used	3804
by an applicant only to pay the costs of the actual cleanup or	3805
remediation of a brownfield and shall not be used by an applicant	3806
to pay any administrative costs incurred by the applicant. Costs	3807
related to the use of a certified professional for purposes of	3808
section 122.654 of the Revised Code are not administrative costs	3809
and may be paid with moneys from grants awarded or loans made	3810
under section 122.653 of the Revised Code.	3811

(E) The portion of net proceeds of obligations devoted under	3812
division (A) of this section for the purposes of section 122.656	3813
of the Revised Code shall be used to make grants for assessments,	3814
cleanup or remediation of brownfields, and public health projects	3815
that have been approved by the director of development under that	3816
section. The department of development shall administer section	3817
122.656 of the Revised Code in accordance with this section,	3818
policies and requirements established under section 122.657 of the	3819
Revised Code, and the terms of agreements entered into by the	3820
director under section 122.656 of the Revised Code. The director	3821
shall not grant more than twenty-five million dollars for public	3822
health projects under section 122.656 of the Revised Code.	3823

(F) Grants awarded under section 122.656 of the Revised Code	3824
shall be used by an applicant only to pay the costs of actually	3825
conducting an assessment, a cleanup or remediation of a	3826
brownfield, or a public health project and shall not be used by an	3827
applicant to pay any administrative costs incurred by the	3828
applicant. Costs related to the use of a certified professional	3829
for purposes of section 122.654 of the Revised Code are not	3830
administrative costs and may be paid with moneys from grants	3831
awarded under section 122.656 of the Revised Code.	3832

(G)(1) The clean Ohio revitalization revolving loan fund is	3833
hereby created in the state treasury. Payments of principal and	3834
interest on loans made from the clean Ohio revitalization fund	3835
shall be credited to this revolving loan fund, as shall payments	3836
of principal and interest on loans made from the revolving loan	3837
fund itself. The revolving loan fund's investment earnings shall	3838
be credited to it.	3839

(2) The clean Ohio revitalization revolving loan fund shall	3840
be used to make loans for the same purposes and subject to the	3841
same policies, requirements, criteria, and application procedures	3842
as loans made from the clean Ohio revitalization fund.	3843

Sec. 122.87. As used in sections 122.87 to ~~122.89~~122.90 of	3844
the Revised Code:	3845

(A) "Surety company" means a company that is authorized by	3846
the department of insurance to issue bonds as surety.	3847

(B) "Minority business" means any of the following	3848
occupations:	3849

(1) Minority construction contractor;

3850

(2) Minority seller;

3851

(3) Minority service vendor.

3852

(C) "Minority construction contractor" means a person who is	3853
both a construction contractor and an owner of a minority business	3854
enterprise certified under division (B) of section 123.151 of the	3855
Revised Code.	3856

(D) "Minority seller" means a person who is both a seller of	3857
goods and an owner of a minority business enterprise listed on the	3858
special minority business enterprise bid notification list under	3859
division (B) of section 125.08 of the Revised Code.	3860

(E) "Minority service vendor" means a person who is both a	3861
vendor of services and an owner of a minority business enterprise	3862
listed on the special minority business enterprise bid	3863
notification list under division (B) of section 125.08 of the	3864
Revised Code.	3865

(F) "Minority business enterprise" has the meaning given in	3866
section 122.71 of the Revised Code.	3867

(G) "EDGE business enterprise" means a sole proprietorship,	3868
association, partnership, corporation, limited liability	3869
corporation, or joint venture certified as a participant in the	3870
encouraging diversity, growth, and equity program by the director	3871
of administrative services under section 123.152 of the Revised	3872
Code.	3873

Sec. 122.88. (A) There is hereby created in the state	3874
treasury the minority business bonding fund, consisting of moneys	3875
deposited or credited to it pursuant to section 169.05 of the	3876
Revised Code; all grants, gifts, and contributions received	3877
pursuant to division (B)(9) of section 122.74 of the Revised Code;	3878
all moneys recovered following defaults; and any other moneys	3879
obtained by the director of development for the purposes of	3880
sections 122.87 to ~~122.89~~122.90 of the Revised Code. The fund	3881
shall be administered by the director. Moneys in the fund shall be	3882
held in trust for the purposes of sections 122.87 to ~~122.89~~122.90	3883
of the Revised Code.	3884

(B) Any claims against the state arising from defaults shall	3885
be payable from the minority business bonding program	3886
administrative and loss reserve fund as provided in division (C)	3887
of this section or from the minority business bonding fund.	3888
Nothing in sections 122.87 to ~~122.89~~122.90 of the Revised Code	3889
grants or pledges to any obligee or other person any state moneys	3890
other than the moneys in the minority business bonding program	3891
administrative and loss reserve fund or the minority business	3892
bonding fund, or moneys available to the minority business bonding	3893
fund upon request of the director in accordance with division (B)	3894
of section 169.05 of the Revised Code.	3895

(C) There is hereby created in the state treasury the	3896
minority business bonding program administrative and loss reserve	3897
fund, consisting of all premiums charged and collected in	3898
accordance with section 122.89 of the Revised Code and any	3899
interest income earned from the moneys in the minority business	3900
bonding fund. All expenses of the director and the minority	3901
development financing advisory board in carrying out the purposes	3902
of sections 122.87 to ~~122.89~~122.90 of the Revised Code shall be	3903
paid from the minority business bonding program administrative and	3904
loss reserve fund.	3905

Any moneys to the credit of the minority business bonding	3906
program administrative and loss reserve fund in excess of the	3907
amount necessary to fund the appropriation authority for the	3908
minority business bonding program administrative and loss reserve	3909
fund shall be held as a loss reserve to pay claims arising from	3910
defaults on surety bonds underwritten in accordance with section	3911
122.89 of the Revised Code or guaranteed in accordance with	3912
section 122.90 of the Revised Code. If the balance of funds in the	3913
minority business bonding program administrative and loss reserve	3914
fund is insufficient to pay a claim against the state arising from	3915
default, then such claim shall be payable from the minority	3916
business bonding fund.	3917

Sec. 122.90. (A) The director of development may guarantee	3918
bonds executed by sureties for minority businesses and EDGE	3919
business enterprises certified under section 123.152 of the	3920
Revised Code as principals on contracts with the state, any	3921
political subdivision or instrumentality, or any person as the	3922
obligee. The director, as guarantor, may exercise all the rights	3923
and powers of a company authorized by the department of insurance	3924
to guarantee bonds under Chapter 3929. of the Revised Code but	3925
otherwise is not subject to any laws related to a guaranty company	3926
under Title XXXIX of the Revised Code nor to any rules of the	3927
department of insurance.	3928

(B) The director shall adopt rules under Chapter 119. of the	3929
Revised Code to establish procedures for the application for bond	3930
guarantees and the review and approval of applications for bond	3931
guarantees submitted by sureties that execute bonds eligible for	3932
guarantees under division (A) of this section.	3933

(C) In accordance with rules adopted pursuant to this	3934
section, the director may guarantee up to ninety per cent of the	3935
loss incurred and paid by sureties on bonds guaranteed under	3936
division (A) of this section.	3937

(D) The penal sum amounts of all outstanding guarantees made	3938
by the director under this section shall not exceed three times	3939
the difference between the amount of moneys in the minority	3940
business bonding fund and available to the fund under division (B)	3941
of section 169.05 of the Revised Code and the amount of all	3942
outstanding bonds issued by the director in accordance with	3943
division (A) of section 122.89 of the Revised Code.	3944

Sec. 123.01. (A) The department of administrative services,	3945
in addition to those powers enumerated in Chapters 124. and 125.	3946
of the Revised Code, and as provided elsewhere by law, shall	3947
exercise the following powers:	3948

(1) To prepare, or contract to be prepared, by licensed	3949
engineers or architects, surveys, general and detailed plans,	3950
specifications, bills of materials, and estimates of cost for any	3951
projects, improvements, or public buildings to be constructed by	3952
state agencies that may be authorized by legislative	3953
appropriations or any other funds made available therefor,	3954
provided that the construction of the projects, improvements, or	3955
public buildings is a statutory duty of the department. This	3956
section does not require the independent employment of an	3957
architect or engineer as provided by section 153.01 of the Revised	3958
Code in the cases to which that section applies nor affect or	3959
alter the existing powers of the director of transportation.	3960

(2) To have general supervision over the construction of any	3961
projects, improvements, or public buildings constructed for a	3962
state agency and over the inspection of materials previous to	3963
their incorporation into those projects, improvements, or	3964
buildings;	3965

(3) To make contracts for and supervise the construction of	3966
any projects and improvements or the construction and repair of	3967
buildings under the control of a state agency, except contracts	3968
for the repair of buildings under the management and control of	3969
the departments of public safety, job and family services, mental	3970
health, mental retardation and developmental disabilities,	3971
rehabilitation and correction, and youth services, the bureau of	3972
workers' compensation, the rehabilitation services commission, and	3973
boards of trustees of educational and benevolent institutions.	3974
These contracts shall be made and entered into by the directors of	3975
public safety, job and family services, mental health, mental	3976
retardation and developmental disabilities, rehabilitation and	3977
correction, and youth services, the administrator of workers'	3978
compensation, the rehabilitation services commission, and the	3979
boards of trustees of such institutions, respectively. All such	3980
contracts may be in whole or in part on unit price basis of	3981
maximum estimated cost, with payment computed and made upon actual	3982
quantities or units.	3983

(4) To prepare and suggest comprehensive plans for the	3984
development of grounds and buildings under the control of a state	3985
agency;	3986

(5) To acquire, by purchase, gift, devise, lease, or grant,	3987
all real estate required by a state agency, in the exercise of	3988
which power the department may exercise the power of eminent	3989
domain, in the manner provided by sections 163.01 to 163.22 of the	3990
Revised Code;	3991

(6) To make and provide all plans, specifications, and models	3992
for the construction and perfection of all systems of sewerage,	3993
drainage, and plumbing for the state in connection with buildings	3994
and grounds under the control of a state agency;	3995

(7) To erect, supervise, and maintain all public monuments	3996
and memorials erected by the state, except where the supervision	3997
and maintenance is otherwise provided by law;	3998

(8) To procure, by lease, storage accommodations for a state	3999
agency;	4000

(9) To lease or grant easements or licenses for unproductive	4001
and unused lands or other property under the control of a state	4002
agency. Such leases, easements, or licenses shall be granted for a	4003
period not to exceed fifteen years and shall be executed for the	4004
state by the director of administrative services and the governor	4005
and shall be approved as to form by the attorney general, provided	4006
that leases, easements, or licenses may be granted to any county,	4007
township, municipal corporation, port authority, water or sewer	4008
district, school district, library district, health district, park	4009
district, soil and water conservation district, conservancy	4010
district, or other political subdivision or taxing district, or	4011
any agency of the United States government, for the exclusive use	4012
of that agency, political subdivision, or taxing district, without	4013
any right of sublease or assignment, for a period not to exceed	4014
fifteen years, and provided that the director shall grant leases,	4015
easements, or licenses of university land for periods not to	4016
exceed twenty-five years for purposes approved by the respective	4017
university's board of trustees wherein the uses are compatible	4018
with the uses and needs of the university and may grant leases of	4019
university land for periods not to exceed forty years for purposes	4020
approved by the respective university's board of trustees pursuant	4021
to section 123.77 of the Revised Code.	4022

(10) To lease office space in buildings for the use of a	4023
state agency;	4024

(11) To have general supervision and care of the storerooms,	4025
offices, and buildings leased for the use of a state agency;	4026

(12) To exercise general custodial care of all real property	4027
of the state;	4028

(13) To assign and group together state offices in any city	4029
in the state and to establish, in cooperation with the state	4030
agencies involved, rules governing space requirements for office	4031
or storage use;	4032

(14) To lease for a period not to exceed forty years,	4033
pursuant to a contract providing for the construction thereof	4034
under a lease-purchase plan, buildings, structures, and other	4035
improvements for any public purpose, and, in conjunction	4036
therewith, to grant leases, easements, or licenses for lands under	4037
the control of a state agency for a period not to exceed forty	4038
years. The lease-purchase plan shall provide that at the end of	4039
the lease period, the buildings, structures, and related	4040
improvements, together with the land on which they are situated,	4041
shall become the property of the state without cost.	4042

(a) Whenever any building, structure, or other improvement is	4043
to be so leased by a state agency, the department shall retain	4044
either basic plans, specifications, bills of materials, and	4045
estimates of cost with sufficient detail to afford bidders all	4046
needed information or, alternatively, all of the following plans,	4047
details, bills of materials, and specifications:	4048

(i) Full and accurate plans suitable for the use of mechanics	4049
and other builders in the improvement;	4050

(ii) Details to scale and full sized, so drawn and	4051
represented as to be easily understood;	4052

(iii) Accurate bills showing the exact quantity of different	4053
kinds of material necessary to the construction;	4054

(iv) Definite and complete specifications of the work to be	4055
performed, together with such directions as will enable a	4056
competent mechanic or other builder to carry them out and afford	4057
bidders all needed information;	4058

(v) A full and accurate estimate of each item of expense and	4059
of the aggregate cost thereof.	4060

(b) The department shall give public notice, in such	4061
newspaper, in such form, and with such phraseology as the director	4062
of administrative services prescribes, published once each week	4063
for four consecutive weeks, of the time when and place where bids	4064
will be received for entering into an agreement to lease to a	4065
state agency a building, structure, or other improvement. The last	4066
publication shall be at least eight days preceding the day for	4067
opening the bids. The bids shall contain the terms upon which the	4068
builder would propose to lease the building, structure, or other	4069
improvement to the state agency. The form of the bid approved by	4070
the department shall be used, and a bid is invalid and shall not	4071
be considered unless that form is used without change, alteration,	4072
or addition. Before submitting bids pursuant to this section, any	4073
builder shall comply with Chapter 153. of the Revised Code.	4074

(c) On the day and at the place named for receiving bids for	4075
entering into lease agreements with a state agency, the director	4076
of administrative services shall open the bids and shall publicly	4077
proceed immediately to tabulate the bids upon duplicate sheets. No	4078
lease agreement shall be entered into until the bureau of workers'	4079
compensation has certified that the person to be awarded the lease	4080
agreement has complied with Chapter 4123. of the Revised Code,	4081
until, if the builder submitting the lowest and best bid is a	4082
foreign corporation, the secretary of state has certified that the	4083
corporation is authorized to do business in this state, until, if	4084
the builder submitting the lowest and best bid is a person	4085
nonresident of this state, the person has filed with the secretary	4086
of state a power of attorney designating the secretary of state as	4087
its agent for the purpose of accepting service of summons in any	4088
action brought under Chapter 4123. of the Revised Code, and until	4089
the agreement is submitted to the attorney general and the	4090
attorney general's approval is certified thereon. Within thirty	4091
days after the day on which the bids are received, the department	4092
shall investigate the bids received and shall determine that the	4093
bureau and the secretary of state have made the certifications	4094
required by this section of the builder who has submitted the	4095
lowest and best bid. Within ten days of the completion of the	4096
investigation of the bids, the department shall award the lease	4097
agreement to the builder who has submitted the lowest and best bid	4098
and who has been certified by the bureau and secretary of state as	4099
required by this section. If bidding for the lease agreement has	4100
been conducted upon the basis of basic plans, specifications,	4101
bills of materials, and estimates of costs, upon the award to the	4102
builder the department, or the builder with the approval of the	4103
department, shall appoint an architect or engineer licensed in	4104
this state to prepare such further detailed plans, specifications,	4105
and bills of materials as are required to construct the building,	4106
structure, or improvement. The department shall adopt such rules	4107
as are necessary to give effect to this section. The department	4108
may reject any bid. Where there is reason to believe there is	4109
collusion or combination among bidders, the bids of those	4110
concerned therein shall be rejected.	4111

(15) To acquire by purchase, gift, devise, or grant and to	4112
transfer, lease, or otherwise dispose of all real property	4113
required to assist in the development of a conversion facility as	4114
defined in section 5709.30 of the Revised Code;	4115

(16) To lease for a period not to exceed forty years,	4116
notwithstanding any other division of this section, the	4117
state-owned property located at 408-450 East Town Street,	4118
Columbus, Ohio, formerly the state school for the deaf, to a	4119
developer in accordance with this section. "Developer," as used in	4120
this section, has the same meaning as in section 123.77 of the	4121
Revised Code.	4122

Such a lease shall be for the purpose of development of the	4123
land for use by senior citizens by constructing, altering,	4124
renovating, repairing, expanding, and improving the site as it	4125
existed on June 25, 1982. A developer desiring to lease the land	4126
shall prepare for submission to the department a plan for	4127
development. Plans shall include provisions for roads, sewers,	4128
water lines, waste disposal, water supply, and similar matters to	4129
meet the requirements of state and local laws. The plans shall	4130
also include provision for protection of the property by insurance	4131
or otherwise, and plans for financing the development, and shall	4132
set forth details of the developer's financial responsibility.	4133

The department may employ, as employees or consultants,	4134
persons needed to assist in reviewing the development plans. Those	4135
persons may include attorneys, financial experts, engineers, and	4136
other necessary experts. The department shall review the	4137
development plans and may enter into a lease if it finds all of	4138
the following:	4139

(a) The best interests of the state will be promoted by	4140
entering into a lease with the developer;	4141

(b) The development plans are satisfactory;

4142

(c) The developer has established the developer's financial	4143
responsibility and satisfactory plans for financing the	4144
development.	4145

The lease shall contain a provision that construction or	4146
renovation of the buildings, roads, structures, and other	4147
necessary facilities shall begin within one year after the date of	4148
the lease and shall proceed according to a schedule agreed to	4149
between the department and the developer or the lease will be	4150
terminated. The lease shall contain such conditions and	4151
stipulations as the director considers necessary to preserve the	4152
best interest of the state. Moneys received by the state pursuant	4153
to this lease shall be paid into the general revenue fund. The	4154
lease shall provide that at the end of the lease period the	4155
buildings, structures, and related improvements shall become the	4156
property of the state without cost.	4157

(17) To lease to any person any tract of land owned by the	4158
state and under the control of the department, or any part of such	4159
a tract, for the purpose of drilling for or the pooling of oil or	4160
gas. Such a lease shall be granted for a period not exceeding	4161
forty years, with the full power to contract for, determine the	4162
conditions governing, and specify the amount the state shall	4163
receive for the purposes specified in the lease, and shall be	4164
prepared as in other cases.	4165

(18) Biennially implement, by state agency location, a census	4166
of agency employees assigned space;	4167

(19) Require each state agency to categorize periodically the	4168
use of space allotted to the agency between office space, common	4169
areas, storage space, and other uses and report its findings to	4170
the department;	4171

(20) Create and update periodically a master space	4172
utilization plan for all space allotted to state agencies. The	4173
plan shall incorporate space utilization metrics.	4174

(21) Conduct periodically a cost-benefit analysis to	4175
determine the effectiveness of state-owned buildings;	4176

(22) Assess periodically the alternatives associated with	4177
consolidating the commercial leases for buildings located in	4178
Columbus;	4179

(23) Commission a comprehensive space utilization and	4180
capacity study in order to determine the feasibility of	4181
consolidating existing commercially leased space used by state	4182
agencies into a new state-owned facility.	4183

(B) This section and section 125.02 of the Revised Code shall	4184
not interfere with any of the following:	4185

(1) The power of the adjutant general to purchase military	4186
supplies, or with the custody of the adjutant general of property	4187
leased, purchased, or constructed by the state and used for	4188
military purposes, or with the functions of the adjutant general	4189
as director of state armories;	4190

(2) The power of the director of transportation in acquiring	4191
rights-of-way for the state highway system, or the leasing of	4192
lands for division or resident district offices, or the leasing of	4193
lands or buildings required in the maintenance operations of the	4194
department of transportation, or the purchase of real property for	4195
garage sites or division or resident district offices, or in	4196
preparing plans and specifications for and constructing such	4197
buildings as the director may require in the administration of the	4198
department;	4199

(3) The power of the director of public safety and the	4200
registrar of motor vehicles to purchase or lease real property and	4201
buildings to be used solely as locations to which a deputy	4202
registrar is assigned pursuant to division (B) of section 4507.011	4203
of the Revised Code and from which the deputy registrar is to	4204
conduct the deputy registrar's business, the power of the director	4205
of public safety to purchase or lease real property and buildings	4206
to be used as locations for division or district offices as	4207
required in the maintenance of operations of the department of	4208
public safety, and the power of the superintendent of the state	4209
highway patrol in the purchase or leasing of real property and	4210
buildings needed by the patrol, to negotiate the sale of real	4211
property owned by the patrol, to rent or lease real property owned	4212
or leased by the patrol, and to make or cause to be made repairs	4213
to all property owned or under the control of the patrol;	4214

(4) The power of the division of liquor control in the	4215
leasing or purchasing of retail outlets and warehouse facilities	4216
for the use of the division;	4217

(5) The power of the director of development to enter into	4218
leases of real property, buildings, and office space to be used	4219
solely as locations for the state's foreign offices to carry out	4220
the purposes of section 122.05 of the Revised Code.	4221

(C) Purchases for, and the custody and repair of, buildings	4222
under the management and control of the capitol square review and	4223
advisory board, the rehabilitation services commission, the bureau	4224
of workers' compensation, or the departments of public safety, job	4225
and family services, mental health, mental retardation and	4226
developmental disabilities, and rehabilitation and correction, and	4227
buildings of educational and benevolent institutions under the	4228
management and control of boards of trustees, are not subject to	4229
the control and jurisdiction of the department of administrative	4230
services.	4231

(D) Any instrument by which real property is acquired	4232
pursuant to this section shall identify the agency of the state	4233
that has the use and benefit of the real property as specified in	4234
section 5301.012 of the Revised Code.	4235

Sec. 123.152. (A) As used in this section, "EDGE business	4236
enterprise" means a sole proprietorship, association, partnership,	4237
corporation, limited liability corporation, or joint venture	4238
certified as a participant in the encouraging diversity, growth,	4239
and equity program by the director of administrative services	4240
under this section of the Revised Code.	4241

(B) The director of administrative services shall establish a	4242
business assistance program known as the encouraging diversity,	4243
growth, and equity program and shall adopt rules in accordance	4244
with Chapter 119. of the Revised Code to administer the program	4245
and that do all of the following:	4246

(1) Establish procedures by which a sole proprietorship,	4247
association, partnership, corporation, limited liability	4248
corporation, or joint venture may apply for certification as an	4249
EDGE business enterprise;	4250

(2) Establish agency procurement goals for contracting with	4251
EDGE business enterprises in the award of contracts under Chapters	4252
123., 125., and 153. of the Revised Code based on the availability	4253
of eligible program participants by region or geographic area, as	4254
determined by the director, and by standard industrial code.	4255

(a) Goals established under division (B)(2) of this section	4256
shall be based on a percentage level of participation and a	4257
percentage of contractor availability.	4258

(b) Goals established under division (B)(2) of this section	4259
shall be applied at the contract level, relative to an overall	4260
dollar goal for each state agency, in accordance with the	4261
following certification categories: construction, architecture,	4262
and engineering; professional services; goods and services; and	4263
information technology services.	4264

(3) Establish a system of certifying EDGE business	4265
enterprises based on a requirement that the business owner or	4266
owners show both social and economic disadvantage based on the	4267
following, as determined to be sufficient by the director:	4268

(a) Relative wealth of the business seeking certification as	4269
well as the personal wealth of the owner or owners of the	4270
business;	4271

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

4272

(i) A rebuttable presumption when the business owner or	4273
owners demonstrate membership in a racial minority group or show	4274
personal disadvantage due to color, ethnic origin, gender,	4275
physical disability, long-term residence in an environment	4276
isolated from the mainstream of American society, location in an	4277
area of high unemployment;	4278

(ii) Some other demonstration of personal disadvantage not	4279
common to other small businesses;	4280

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

4281

(c) Economic disadvantage based on economic and business size	4282
thresholds and eligibility criteria designed to stimulate economic	4283
development through contract awards to businesses located in	4284
qualified census tracts.	4285

(4) Establish standards to determine when an EDGE business	4286
enterprise no longer qualifies for EDGE business enterprise	4287
certification;	4288

(5) Develop a process for evaluating and adjusting goals	4289
established by this section to determine what adjustments are	4290
necessary to achieve participation goals established by the	4291
director;	4292

(6) Establish a point system to evaluate bid proposals to	4293
encourage EDGE business enterprises to participate in the	4294
procurement of professional design and information technology	4295
services;	4296

(7) Establish a system to track data and analyze each	4297
certification category established under division (B)(2)(b) of	4298
this section;	4299

(8) Establish a process to mediate complaints and to review	4300
EDGE business enterprise certification appeals;	4301

(9) Implement an outreach program to educate potential	4302
participants about the encouraging diversity, growth, and equity	4303
program;	4304

(10) Establish a system to assist state agencies in	4305
identifying and utilizing EDGE business enterprises in their	4306
contracting processes;	4307

(11) Implement a system of self-reporting by EDGE business	4308
enterprises as well as an on-site inspection process to validate	4309
the qualifications of an EDGE business enterprise;	4310

(12) Establish a waiver mechanism to waive program goals or	4311
participation requirements for those companies that, despite their	4312
best-documented efforts, are unable to contract with certified	4313
EDGE business enterprises;	4314

(13) Establish a process for monitoring overall program	4315
compliance in which equal employment opportunity officers	4316
primarily are responsible for monitoring their respective	4317
agencies.	4318

(C) Not later than December 31, 2003, the director of	4319
administrative services shall prepare a detailed report to the	4320
governor outlining and evaluating the progress made in	4321
implementing the encouraging diversity, growth, and equity	4322
program.	4323

Sec. 124.03. The state personnel board of review shall	4324
exercise the following powers and perform the following duties:	4325

(A) Hear appeals, as provided by law, of employees in the	4326
classified state service from final decisions of appointing	4327
authorities or the director of administrative services relative to	4328
reduction in pay or position, job abolishments, layoff,	4329
suspension, discharge, assignment or reassignment to a new or	4330
different position classification, or refusal of the director, or	4331
anybody authorized to perform the director's functions, to	4332
reassign an employee to another classification or to reclassify	4333
the employee's position with or without a job audit under division	4334
(D) of section 124.14 of the Revised Code. As used in this	4335
division, "discharge" includes disability separations. ~~The~~	4336

The board may affirm, disaffirm, or modify the decisions of	4337
the appointing authorities or the director, as the case may be,	4338
and its decision is final. The board's decisions shall be	4339
consistent with the applicable classification specifications. ~~The~~	4340

The board shall not be deprived of jurisdiction to hear any	4341
appeal due to the failure of an appointing authority to file its	4342
decision with the board. Any final decision of an appointing	4343
authority or of the director not filed in the manner provided in	4344
this chapter shall be disaffirmed. ~~The~~	4345

The board may place an exempt employee, as defined in section	4346
124.152 of the Revised Code, into a bargaining unit	4347
classification, if the board determines that the bargaining unit	4348
classification is the proper classification for that employee.	4349
Notwithstanding Chapter 4117. of the Revised Code or instruments	4350
and contracts negotiated under it, such placements are at the	4351
board's discretion.	4352

In any hearing before the board, including any hearing at	4353
which a record is taken that may be the basis of an appeal to a	4354
court, an employee may be represented by a person permitted to	4355
practice before the board who is not an attorney at law soas long	4356
as the person does not receive any compensation from the employee	4357
for ~~such~~the representation.	4358

(B) Hear appeals, as provided by law, of appointing	4359
authorities from final decisions of the director relative to the	4360
classification or reclassification of any position in the	4361
classified state service under the jurisdiction of ~~such~~that	4362
appointing authority. The board may affirm, disaffirm, or modify	4363
the decisions of the director, and its decision is final. The	4364
board's decisions shall be consistent with the applicable	4365
classification specifications.	4366

(C) Exercise the authority provided by section 124.40 of the	4367
Revised Code, for appointment, removal, and supervision of	4368
municipal and civil service township civil service commissions;	4369

(D) Appoint a secretary, referees, examiners, and whatever	4370
other employees are necessary in the exercise of its powers and	4371
performance of its duties and functions. The board shall determine	4372
appropriate education and experience requirements for its	4373
secretary, referees, examiners, and other employees and shall	4374
prescribe their duties. A referee or examiner does not need to	4375
have been admitted to the practice of law.	4376

(E) Maintain a journal ~~which~~that shall be open to public	4377
inspection, in which it shall keep a record of all of its	4378
proceedings and of the vote of each of its members upon every	4379
action taken by it;	4380

(F) Adopt rules in accordance with Chapter 119. of the	4381
Revised Code relating to the procedure of the board in	4382
administering the laws ~~which~~ it has the authority or duty to	4383
administer and for the purpose of invoking the jurisdiction of the	4384
board in hearing appeals of appointing authorities and employees	4385
in matters set forth in divisions (A) and (B) of this section;	4386

(G) Subpoena and require the attendance and testimony of	4387
witnesses and the production of books, papers, public records, and	4388
other documentary evidence pertinent to any matter ~~which~~ it has	4389
authority to investigate, inquire into, or hear in the same manner	4390
and to the same extent as provided by division (G) of section	4391
124.09 of the Revised Code. All witness fees shall be paid in the	4392
manner set forth in that division.	4393

(H) The board shall be funded by general revenue fund	4394
appropriations. All moneys received by the board for copies of	4395
documents, rule books, and transcriptions shall be paid into the	4396
state treasury to the credit of the transcript and other documents	4397
fund, which is hereby created to defray the cost of ~~furnishing or~~	4398
~~making available such copies, rule books, and transcriptions~~	4399
producing an administrative record.	4400

Sec. 124.15. (A) Board and commission members appointed	4401
prior to July 1, 1991, shall be paid a salary or wage in	4402
accordance with the following schedules of rates:	4403

Schedule B

4404

Pay Ranges and Step Values

4405

Range		Step 1	Step 2	Step 3	Step 4	4406
23	Hourly	5.72	5.91	6.10	6.31	4407
	Annually	11897.60	12292.80	12688.00	13124.80	4408
Step 5	Step 6				4409
	Hourly	6.52	6.75			4410
	Annually	13561.60	14040.00			4411
Step 1	Step 2	Step 3	Step 4		4412
24	Hourly	6.00	6.20	6.41	6.63	4413
	Annually	12480.00	12896.00	13332.80	13790.40	4414
Step 5	Step 6				4415
	Hourly	6.87	7.10			4416
	Annually	14289.60	14768.00			4417
Step 1	Step 2	Step 3	Step 4		4418
25	Hourly	6.31	6.52	6.75	6.99	4419
	Annually	13124.80	13561.60	14040.00	14539.20	4420
Step 5	Step 6				4421
	Hourly	7.23	7.41			4422
	Annually	15038.40	15412.80			4423
Step 1	Step 2	Step 3	Step 4		4424
26	Hourly	6.63	6.87	7.10	7.32	4425
	Annually	13790.40	14289.60	14768.00	15225.60	4426
Step 5	Step 6				4427
	Hourly	7.53	7.77			4428
	Annually	15662.40	16161.60			4429
Step 1	Step 2	Step 3	Step 4		4430
27	Hourly	6.99	7.23	7.41	7.64	4431
	Annually	14534.20	15038.40	15412.80	15891.20	4432
Step 5	Step 6	Step 7			4433
	Hourly	7.88	8.15	8.46		4434
	Annually	16390.40	16952.00	17596.80		4435
Step 1	Step 2	Step 3	Step 4		4436
28	Hourly	7.41	7.64	7.88	8.15	4437
	Annually	15412.80	15891.20	16390.40	16952.00	4438
Step 5	Step 6	Step 7			4439
	Hourly	8.46	8.79	9.15		4440
	Annually	17596.80	18283.20	19032.00		4441
Step 1	Step 2	Step 3	Step 4		4442
29	Hourly	7.88	8.15	8.46	8.79	4443
	Annually	16390.40	16952.00	17596.80	18283.20	4444
Step 5	Step 6	Step 7			4445
	Hourly	9.15	9.58	10.01		4446
	Annually	19032.00	19926.40	20820.80		4447
Step 1	Step 2	Step 3	Step 4		4448
30	Hourly	8.46	8.79	9.15	9.58	4449
	Annually	17596.80	18283.20	19032.00	19926.40	4450
Step 5	Step 6	Step 7			4451
	Hourly	10.01	10.46	10.99		4452
	Annually	20820.80	21756.80	22859.20		4453
Step 1	Step 2	Step 3	Step 4		4454
31	Hourly	9.15	9.58	10.01	10.46	4455
	Annually	19032.00	19962.40	20820.80	21756.80	4456
Step 5	Step 6	Step 7			4457
	Hourly	10.99	11.52	12.09		4458
	Annually	22859.20	23961.60	25147.20		4459
Step 1	Step 2	Step 3	Step 4		4460
32	Hourly	10.01	10.46	10.99	11.52	4461
	Annually	20820.80	21756.80	22859.20	23961.60	4462
Step 5	Step 6	Step 7	Step 8		4463
	Hourly	12.09	12.68	13.29	13.94	4464
	Annually	25147.20	26374.40	27643.20	28995.20	4465
Step 1	Step 2	Step 3	Step 4		4466
33	Hourly	10.99	11.52	12.09	12.68	4467
	Annually	22859.20	23961.60	25147.20	26374.40	4468
Step 5	Step 6	Step 7	Step 8		4469
	Hourly	13.29	13.94	14.63	15.35	4470
	Annually	27643.20	28995.20	30430.40	31928.00	4471
Step 1	Step 2	Step 3	Step 4		4472
34	Hourly	12.09	12.68	13.29	13.94	4473
	Annually	25147.20	26374.40	27643.20	28995.20	4474
Step 5	Step 6	Step 7	Step 8		4475
	Hourly	14.63	15.35	16.11	16.91	4476
	Annually	30430.40	31928.00	33508.80	35172.80	4477
Step 1	Step 2	Step 3	Step 4		4478
35	Hourly	13.29	13.94	14.63	15.35	4479
	Annually	27643.20	28995.20	30430.40	31928.00	4480
Step 5	Step 6	Step 7	Step 8		4481
	Hourly	16.11	16.91	17.73	18.62	4482
	Annually	33508.80	35172.80	36878.40	38729.60	4483
Step 1	Step 2	Step 3	Step 4		4484
36	Hourly	14.63	15.35	16.11	16.91	4485
	Annually	30430.40	31928.00	33508.80	35172.80	4486
Step 5	Step 6	Step 7	Step 8		4487
	Hourly	17.73	18.62	19.54	20.51	4488
	Annually	36878.40	38729.60	40643.20	42660.80	4489

Schedule C

4490

Pay Range and Values

4491

Range		Minimum	Maximum	4492
41 Hourly		10.44	15.72	4493
	Annually	21715.20	32697.60	4494
42 Hourly		11.51	17.35	4495
	Annually	23940.80	36088.00	4496
43 Hourly		12.68	19.12	4497
	Annually	26374.40	39769.60	4498
44 Hourly		13.99	20.87	4499
	Annually	29099.20	43409.60	4500
45 Hourly		15.44	22.80	4501
	Annually	32115.20	47424.00	4502
46 Hourly		17.01	24.90	4503
	Annually	35380.80	51792.00	4504
47 Hourly		18.75	27.18	4505
	Annually	39000.00	56534.40	4506
48 Hourly		20.67	29.69	4507
	Annually	42993.60	61755.20	4508
49 Hourly		22.80	32.06	4509
	Annually	47424.00	66684.80	4510

(B) The pay schedule of all employees shall be on a biweekly	4511
basis, with amounts computed on an hourly basis.	4512

(C) Part-time employees shall be compensated on an hourly	4513
basis for time worked, at the rates shown in division (A) of this	4514
section or in section 124.152 of the Revised Code.	4515

(D) The salary and wage rates in division (A) of this section	4516
or in section 124.152 of the Revised Code represent base rates of	4517
compensation and may be augmented by the provisions of section	4518
124.181 of the Revised Code. In those cases where lodging, meals,	4519
laundry, or other personal services are furnished an employee, the	4520
actual costs or fair market value of the personal services shall	4521
be paid by the employee in such amounts and manner as determined	4522
by the director of administrative services and approved by the	4523
director of budget and management, and those personal services	4524
shall not be considered as a part of the employee's compensation.	4525
An appointing authority, with the approval of the director of	4526
administrative services and the director of budget and management,	4527
may establish payments to employees for uniforms, tools,	4528
equipment, and other requirements of the department and payments	4529
for the maintenance of them.	4530

The director of administrative services may review collective	4531
bargaining agreements entered into under Chapter 4117. of the	4532
Revised Code that cover state employees and determine whether	4533
certain benefits or payments provided to state employees covered	4534
by those agreements should also be provided to employees who are	4535
exempt from collective bargaining coverage and are paid in	4536
accordance with section 124.152 of the Revised Code or are listed	4537
in division (B)(2) or (4) of section 124.14 of the Revised Code.	4538
On completing the review, the director of administrative services,	4539
with the approval of the director of budget and management, may	4540
provide to some or all of these employees any payment or benefit,	4541
except for salary, contained in such a collective bargaining	4542
agreement even if it is similar to a payment or benefit already	4543
provided by law to some or all of these employees. Any payment or	4544
benefit so provided shall not exceed the highest level for that	4545
payment or benefit specified in such a collective bargaining	4546
agreement. The director of administrative services shall not	4547
provide, and the director of budget and management shall not	4548
approve, any payment or benefit to such an employee under this	4549
division unless the payment or benefit is provided pursuant to a	4550
collective bargaining agreement to a state employee who is in a	4551
position with similar duties as, is supervised by, or is employed	4552
by the same appointing authority as, the employee to whom the	4553
benefit or payment is to be provided.	4554

As used in this division, "payment or benefit already	4555
provided by law" includes, but is not limited to, bereavement,	4556
personal, vacation, administrative, and sick leave, disability	4557
benefits, holiday pay, and pay supplements provided under the	4558
Revised Code, but does not include wages or salary.	4559

(E) New employees paid under schedule B of division (A) of	4560
this section or under schedule E-1 of section 124.152 of the	4561
Revised Code shall be employed at the minimum rate established for	4562
the range unless otherwise provided. Employees with qualifications	4563
that are beyond the minimum normally required for the position and	4564
that are determined by the director to be exceptional may be	4565
employed in, or may be transferred or promoted to, a position at	4566
an advanced step of the range. Further, in time of a serious labor	4567
market condition when it is relatively impossible to recruit	4568
employees at the minimum rate for a particular classification, the	4569
entrance rate may be set at an advanced step in the range by the	4570
director of administrative services. This rate may be limited to	4571
geographical regions of the state. Appointments made to an	4572
advanced step under the provision regarding exceptional	4573
qualifications shall not affect the step assignment of employees	4574
already serving. However, anytime the hiring rate of an entire	4575
classification is advanced to a higher step, all incumbents of	4576
that classification being paid at a step lower than that being	4577
used for hiring, shall be advanced beginning at the start of the	4578
first pay period thereafter to the new hiring rate, and any time	4579
accrued at the lower step will be used to calculate advancement to	4580
a succeeding step. If the hiring rate of a classification is	4581
increased for only a geographical region of the state, only	4582
incumbents who work in that geographical region shall be advanced	4583
to a higher step. When an employee in the unclassified service	4584
changes from one state position to another or is appointed to a	4585
position in the classified service, or if an employee in the	4586
classified service is appointed to a position in the unclassified	4587
service, the employee's salary or wage in the new position shall	4588
be determined in the same manner as if the employee were an	4589
employee in the classified service. When an employee in the	4590
unclassified service who is not eligible for step increases is	4591
appointed to a classification in the classified service under	4592
which step increases are provided, future step increases shall be	4593
based on the date on which the employee last received a pay	4594
increase. If the employee has not received an increase during the	4595
previous year, the date of the appointment to the classified	4596
service shall be used to determine the employee's annual step	4597
advancement eligibility date. In reassigning any employee to a	4598
classification resulting in a pay range increase or to a new pay	4599
range as a result of a promotion, an increase pay range	4600
adjustment, or other classification change resulting in a pay	4601
range increase, the director shall assign such employee to the	4602
step in the new pay range that will provide an increase of	4603
approximately four per cent if the new pay range can accommodate	4604
the increase. When an employee is being assigned to a	4605
classification or new pay range as the result of a class plan	4606
change, if the employee has completed a probationary period, the	4607
employee shall be placed in a step no lower than step two of the	4608
new pay range. If the employee has not completed a probationary	4609
period, the employee may be placed in step one of the new pay	4610
range. Such new salary or wage shall become effective on such date	4611
as the director determines.	4612

(F) If employment conditions and the urgency of the work	4613
require such action, the director of administrative services may,	4614
upon the application of a department head, authorize payment at	4615
any rate established within the range for the class of work, for	4616
work of a casual or intermittent nature or on a project basis.	4617
Payment at such rates shall not be made to the same individual for	4618
more than three calendar months in any one calendar year. Any such	4619
action shall be subject to the approval of the director of budget	4620
and management as to the availability of funds. This section and	4621
sections 124.14 and 124.152 of the Revised Code do not repeal any	4622
authority of any department or public official to contract with or	4623
fix the compensation of professional persons who may be employed	4624
temporarily for work of a casual nature or for work on a project	4625
basis.	4626

(G) ~~Each~~(1) Except as provided in division (G)(2) of this	4627
section, each state employee paid under schedule B of this section	4628
or under schedule E-1 of section 124.152 of the Revised Code shall	4629
be eligible for advancement to succeeding steps in the range for	4630
the employee's class according to the schedule established in this	4631
division. Beginning on the first day of the pay period within	4632
which the employee completes the prescribed probationary period in	4633
the employee's classification with the state, each employee shall	4634
receive an automatic salary adjustment equivalent to the next	4635
higher step within the pay range for the employee's class or	4636
grade.	4637

Each employee paid under schedule E-1 of section 124.152 of	4638
the Revised Code shall be eligible to advance to the next higher	4639
step until the employee reaches step six, if the employee has	4640
maintained satisfactory performance in accordance with criteria	4641
established by the employee's appointing authority. Those step	4642
~~increases~~advancements shall not occur more frequently than once	4643
in any twelve-month period. An employee only may advance to step	4644
seven upon performing at an exemplary level as determined in the	4645
employee's performance evaluation. An employee's advancement to	4646
step seven is at the discretion of the employee's appointing	4647
authority. An employee may not appeal the denial of advancement to	4648
step seven to the state personnel board of review.	4649

When an employee is promoted or reassigned to a higher pay	4650
range, the employee's step indicator shall return to "0" or be	4651
adjusted to account for a probationary period, as appropriate.	4652
Step advancement shall not be affected by demotion. A promoted	4653
employee shall advance to the next higher step of the pay range on	4654
the first day of the pay period in which the required probationary	4655
period is completed. Step advancement shall become effective at	4656
the beginning of the pay period within which the employee attains	4657
the necessary length of service. Time spent on authorized leave of	4658
absence shall be counted for this purpose.	4659

If determined to be in the best interest of the state	4660
service, the director of administrative services may, either	4661
statewide or in selected agencies, adjust the dates on which	4662
annual step ~~increases~~advancements are received by employees paid	4663
under schedule E-1 of section 124.152 of the Revised Code.	4664

(2)(a)(i) Except as provided in division (G)(2)(a)(ii) of	4665
this section, there shall be a moratorium on step advancements	4666
under division (G)(1) of this section from the pay period	4667
beginning June 29, 2003, through the pay period ending June 25,	4668
2005. Step advancements shall resume with the pay period beginning	4669
June 26, 2005. Upon the resumption of step advancements, there	4670
shall be no retroactive step advancements for the period the	4671
moratorium was in effect. The moratorium shall not affect an	4672
employee's performance evaluation schedule.	4673

(ii) During the moratorium under division (G)(2)(a)(i) of	4674
this section, an employee who is hired or promoted and serves a	4675
probationary period in the employee's new position shall advance	4676
to the next step in the employee's pay range upon successful	4677
completion of the employee's probationary period. Thereafter, the	4678
employee is subject to the moratorium.	4679

(b) The moratorium under division (G)(2)(a)(i) of this	4680
section shall apply to the employees of the secretary of state,	4681
the auditor of state, the treasurer of state, the attorney	4682
general, the supreme court, and state boards and commissions, who	4683
are subject to this section unless the secretary of state, auditor	4684
of state, treasurer of state, attorney general, supreme court,	4685
board, or commission decides to exempt its employees from the	4686
moratorium and so notifies the director of administrative services	4687
in writing on or before July 1, 2003.	4688

(H) Employees in appointive managerial or professional	4689
positions paid under salary schedule C of this section or under	4690
salary schedule E-2 of section 124.152 of the Revised Code may be	4691
appointed at any rate within the appropriate pay range. This rate	4692
of pay may be adjusted higher or lower within the respective pay	4693
range at any time the appointing authority so desires as long as	4694
the adjustment is based on the employee's ability to successfully	4695
administer those duties assigned to the employee. Salary	4696
adjustments shall not be made more frequently than once in any	4697
six-month period under this provision to incumbents holding the	4698
same position and classification.	4699

(I) When an employee is assigned to duty outside this state,	4700
the employee may be compensated, upon request of the department	4701
head and with the approval of the director of administrative	4702
services, at a rate not to exceed fifty per cent in excess of the	4703
employee's current base rate for the period of time spent on that	4704
duty.	4705

(J) Unless compensation for members of a board or commission	4706
is otherwise specifically provided by law, the director of	4707
administrative services shall establish the rate and method of	4708
payment for members of boards and commissions pursuant to the pay	4709
schedules listed in section 124.152 of the Revised Code.	4710

(K) Regular full-time employees in positions assigned to	4711
classes within the instruction and education administration series	4712
under the rules of the director of administrative services, except	4713
certificated employees on the instructional staff of the state	4714
school for the blind or the state school for the deaf, whose	4715
positions are scheduled to work on the basis of an academic year	4716
rather than a full calendar year, shall be paid according to the	4717
pay range assigned by such rules but only during those pay periods	4718
included in the academic year of the school where the employee is	4719
located.	4720

(1) Part-time or substitute teachers or those whose period of	4721
employment is other than the full academic year shall be	4722
compensated for the actual time worked at the rate established by	4723
this section.	4724

(2) Employees governed by this division are exempt from	4725
sections 124.13 and 124.19 of the Revised Code.	4726

(3) Length of service for the purpose of determining	4727
eligibility for step ~~increases~~advancements as provided by	4728
division (G) of this section and for the purpose of determining	4729
eligibility for longevity pay supplements as provided by division	4730
~~(F)~~(E) of section 124.181 of the Revised Code shall be computed on	4731
the basis of one full year of service for the completion of each	4732
academic year.	4733

(L) The superintendent of the state school for the deaf and	4734
the superintendent of the state school for the blind shall,	4735
subject to the approval of the superintendent of public	4736
instruction, carry out both of the following:	4737

(1) Annually, between the first day of April and the last day	4738
of June, establish for the ensuing fiscal year a schedule of	4739
hourly rates for the compensation of each certificated employee on	4740
the instructional staff of that superintendent's respective school	4741
constructed as follows:	4742

(a) Determine for each level of training, experience, and	4743
other professional qualification for which an hourly rate is set	4744
forth in the current schedule, the per cent that rate is of the	4745
rate set forth in such schedule for a teacher with a bachelor's	4746
degree and no experience. If there is more than one such rate for	4747
such a teacher, the lowest rate shall be used to make the	4748
computation.	4749

(b) Determine which six city, local, and exempted village	4750
school districts with territory in Franklin county have in effect	4751
on, or have adopted by, the first day of April for the school year	4752
that begins on the ensuing first day of July, teacher salary	4753
schedules with the highest minimum salaries for a teacher with a	4754
bachelor's degree and no experience;	4755

(c) Divide the sum of such six highest minimum salaries by	4756
ten thousand five hundred sixty;	4757

(d) Multiply each per cent determined in division (L)(1)(a)	4758
of this section by the quotient obtained in division (L)(1)(c) of	4759
this section;	4760

(e) One hundred five per cent of each product thus obtained	4761
shall be the hourly rate for the corresponding level of training,	4762
experience, or other professional qualification in the schedule	4763
for the ensuing fiscal year.	4764

(2) Annually, assign each certificated employee on the	4765
instructional staff of the superintendent's respective school to	4766
an hourly rate on the schedule that is commensurate with the	4767
employee's training, experience, and other professional	4768
qualifications.	4769

If an employee is employed on the basis of an academic year,	4770
the employee's annual salary shall be calculated by multiplying	4771
the employee's assigned hourly rate times one thousand seven	4772
hundred sixty. If an employee is not employed on the basis of an	4773
academic year, the employee's annual salary shall be calculated in	4774
accordance with the following formula:	4775

(a) Multiply the number of days the employee is required to	4776
work pursuant to the employee's contract by eight;	4777

(b) Multiply the product of division (L)(2)(a) of this	4778
section by the employee's assigned hourly rate.	4779

Each employee shall be paid an annual salary in biweekly	4780
installments. The amount of each installment shall be calculated	4781
by dividing the employee's annual salary by the number of biweekly	4782
installments to be paid during the year.	4783

Sections 124.13 and 124.19 of the Revised Code do not apply	4784
to an employee who is paid under this division.	4785

As used in this division, "academic year" means the number of	4786
days in each school year that the schools are required to be open	4787
for instruction with pupils in attendance. Upon completing an	4788
academic year, an employee paid under this division shall be	4789
deemed to have completed one year of service. An employee paid	4790
under this division is eligible to receive a pay supplement under	4791
division (L)(1), (2), or (3) of section 124.181 of the Revised	4792
Code for which the employee qualifies, but is not eligible to	4793
receive a pay supplement under division (L)(4) or (5) of that	4794
section. An employee paid under this division is eligible to	4795
receive a pay supplement under division (L)(6) of section 124.181	4796
of the Revised Code for which the employee qualifies, except that	4797
the supplement is not limited to a maximum of five per cent of the	4798
employee's regular base salary in a calendar year.	4799

(M) Division (A) of this section does not apply to "exempt	4800
employees," as defined in section 124.152 of the Revised Code, who	4801
are paid under that section.	4802

Notwithstanding any other provisions of this chapter, when an	4803
employee transfers between bargaining units or transfers out of or	4804
into a bargaining unit, the director shall establish the	4805
employee's compensation and adjust the maximum leave accrual	4806
schedule as the director deems equitable.	4807

Sec. 124.152. (A) ~~Beginning on the first day of the pay~~	4808
~~period that includes July 1, 2000, each exempt employee shall be~~	4809
~~paid a salary or wage in accordance with the following schedule of~~	4810
~~rates:~~	4811

~~Schedule E-1~~

4812

~~Pay Ranges and Step Values~~

4813

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	4814
	~~Range~~	1	2	3	4	5	6	7	4815
1	~~Hourly~~	~~8.15~~	~~8.51~~	~~8.88~~	~~9.27~~				4816
	~~Annually~~	~~16952~~	~~17701~~	~~18470~~	~~19282~~				4817
2	~~Hourly~~	~~9.88~~	~~10.30~~	~~10.75~~	~~11.23~~				4818
	~~Annually~~	~~20550~~	~~21424~~	~~22360~~	~~23358~~				4819
3	~~Hourly~~	~~10.35~~	~~10.82~~	~~11.29~~	~~11.79~~				4820
	~~Annually~~	~~21528~~	~~22506~~	~~23483~~	~~24523~~				4821
4	~~Hourly~~	~~10.87~~	~~11.36~~	~~11.90~~	~~12.43~~				4822
	~~Annually~~	~~22610~~	~~23629~~	~~24752~~	~~25854~~				4823
5	~~Hourly~~	~~11.41~~	~~11.93~~	~~12.43~~	~~12.98~~				4824
	~~Annually~~	~~23733~~	~~24814~~	~~25854~~	~~26998~~				4825
6	~~Hourly~~	~~12.02~~	~~12.51~~	~~13.07~~	~~13.60~~				4826
	~~Annually~~	~~25002~~	~~26021~~	~~27186~~	~~28288~~				4827
7	~~Hourly~~	~~12.76~~	~~13.25~~	~~13.78~~	~~14.26~~	~~14.81~~			4828
	~~Annually~~	~~26541~~	~~27560~~	~~28662~~	~~29661~~	~~30805~~			4829
8	~~Hourly~~	~~13.50~~	~~14.09~~	~~14.71~~	~~15.35~~	~~16.01~~			4830
	~~Annually~~	~~28080~~	~~29307~~	~~30597~~	~~31928~~	~~33301~~			4831
9	~~Hourly~~	~~14.40~~	~~15.14~~	~~15.89~~	~~16.68~~	~~17.53~~			4832
	~~Annually~~	~~29952~~	~~31491~~	~~33051~~	~~34694~~	~~36462~~			4833
10	~~Hourly~~	~~15.54~~	~~16.38~~	~~17.27~~	~~18.25~~	~~19.23~~			4834
	~~Annually~~	~~32323~~	~~34070~~	~~35922~~	~~37960~~	~~39998~~			4835
11	~~Hourly~~	~~16.91~~	~~17.90~~	~~18.94~~	~~20.00~~	~~21.14~~			4836
	~~Annually~~	~~35173~~	~~37232~~	~~39395~~	~~41600~~	~~43971~~			4837
12	~~Hourly~~	~~18.66~~	~~19.70~~	~~20.76~~	~~21.91~~	~~23.13~~	~~24.40~~	~~25.74~~	4838
	~~Annually~~	~~38813~~	~~40976~~	~~43181~~	~~45573~~	~~48110~~	~~50752~~	~~53539~~	4839
13	~~Hourly~~	~~20.56~~	~~21.69~~	~~22.88~~	~~24.11~~	~~25.46~~	~~26.85~~	~~28.33~~	4840
	~~Annually~~	~~42765~~	~~45115~~	~~47590~~	~~50149~~	~~52957~~	~~55848~~	~~58926~~	4841
14	~~Hourly~~	~~22.62~~	~~23.89~~	~~25.18~~	~~26.56~~	~~28.06~~	~~29.61~~	~~31.24~~	4842
	~~Annually~~	~~47050~~	~~49691~~	~~52374~~	~~55245~~	~~58365~~	~~61589~~	~~64979~~	4843
15	~~Hourly~~	~~24.84~~	~~26.23~~	~~27.72~~	~~29.25~~	~~30.86~~	~~32.57~~	~~34.36~~	4844
	~~Annually~~	~~51667~~	~~54558~~	~~57658~~	~~60840~~	~~64189~~	~~67746~~	~~71469~~	4845
16	~~Hourly~~	~~27.39~~	~~28.91~~	~~30.51~~	~~32.21~~	~~33.99~~	~~35.92~~	~~37.90~~	4846
	~~Annually~~	~~56971~~	~~60133~~	~~63461~~	~~66997~~	~~70699~~	~~74714~~	~~78832~~	4847
17	~~Hourly~~	~~30.18~~	~~31.85~~	~~33.63~~	~~35.49~~	~~37.47~~	~~39.56~~	~~41.74~~	4848
	~~Annually~~	~~62774~~	~~66248~~	~~69950~~	~~73819~~	~~77938~~	~~82285~~	~~86819~~	4849
18	~~Hourly~~	~~33.26~~	~~35.10~~	~~37.07~~	~~39.12~~	~~41.28~~	~~43.59~~	~~45.99~~	4850
	~~Annually~~	~~69181~~	~~73008~~	~~77106~~	~~81370~~	~~85862~~	~~90667~~	~~95659~~	4851

~~Schedule E-2~~

4852

	~~Range~~	~~Minimum~~	~~Maximum~~	4853
41	~~Hourly~~	~~16.23~~	~~30.15~~	4854
	~~Annually~~	~~33758~~	~~62712~~	4855
42	~~Hourly~~	~~17.89~~	~~33.31~~	4856
	~~Annually~~	~~37211~~	~~69285~~	4857
43	~~Hourly~~	~~19.70~~	~~36.69~~	4858
	~~Annually~~	~~40976~~	~~76315~~	4859
44	~~Hourly~~	~~21.73~~	~~40.07~~	4860
	~~Annually~~	~~45198~~	~~83346~~	4861
45	~~Hourly~~	~~24.01~~	~~43.75~~	4862
	~~Annually~~	~~49941~~	~~91000~~	4863
46	~~Hourly~~	~~26.43~~	~~47.81~~	4864
	~~Annually~~	~~54974~~	~~99445~~	4865
47	~~Hourly~~	~~29.14~~	~~52.17~~	4866
	~~Annually~~	~~60611~~	~~108514~~	4867
48	~~Hourly~~	~~32.14~~	~~56.94~~	4868
	~~Annually~~	~~66851~~	~~118435~~	4869
49	~~Hourly~~	~~35.44~~	~~61.48~~	4870
	~~Annually~~	~~73715~~	~~127878~~	4871

~~(B) Beginning on the first day of the pay period that~~	4872
~~includes July 1, 2001, each exempt employee shall be paid a salary~~	4873
~~or wage in accordance with the following schedule of rates:~~	4874

~~Schedule E-1~~

4875

~~Pay Ranges and Step Values~~

4876

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	4877
	~~Range~~	1	2	3	4	5	6	7	4878
1	~~Hourly~~	~~8.44~~	~~8.81~~	~~9.19~~	~~9.59~~				4879
	~~Annually~~	~~17555~~	~~18325~~	~~19115~~	~~19947~~				4880
2	~~Hourly~~	~~10.23~~	~~10.66~~	~~11.13~~	~~11.62~~				4881
	~~Annually~~	~~21278~~	~~22173~~	~~23150~~	~~24170~~				4882
3	~~Hourly~~	~~10.71~~	~~11.20~~	~~11.69~~	~~12.20~~				4883
	~~Annually~~	~~22277~~	~~23296~~	~~24315~~	~~25376~~				4884
4	~~Hourly~~	~~11.25~~	~~11.76~~	~~12.32~~	~~12.87~~				4885
	~~Annually~~	~~23400~~	~~24461~~	~~25626~~	~~26770~~				4886
5	~~Hourly~~	~~11.81~~	~~12.35~~	~~12.87~~	~~13.43~~				4887
	~~Annually~~	~~24565~~	~~25688~~	~~26770~~	~~27934~~				4888
6	~~Hourly~~	~~12.44~~	~~12.95~~	~~13.53~~	~~14.08~~				4889
	~~Annually~~	~~25875~~	~~26936~~	~~28142~~	~~29286~~				4890
7	~~Hourly~~	~~13.21~~	~~13.71~~	~~14.26~~	~~14.76~~	~~15.33~~			4891
	~~Annually~~	~~27477~~	~~28517~~	~~29661~~	~~30701~~	~~31886~~			4892
8	~~Hourly~~	~~13.97~~	~~14.58~~	~~15.22~~	~~15.89~~	~~16.57~~			4893
	~~Annually~~	~~29058~~	~~30326~~	~~31658~~	~~33051~~	~~34466~~			4894
9	~~Hourly~~	~~14.90~~	~~15.67~~	~~16.45~~	~~17.26~~	~~18.14~~			4895
	~~Annually~~	~~30992~~	~~32594~~	~~34216~~	~~35901~~	~~37731~~			4896
10	~~Hourly~~	~~16.08~~	~~16.95~~	~~17.87~~	~~18.89~~	~~19.90~~			4897
	~~Annually~~	~~33446~~	~~35256~~	~~37170~~	~~39291~~	~~41392~~			4898
11	~~Hourly~~	~~17.50~~	~~18.53~~	~~19.60~~	~~20.70~~	~~21.88~~			4899
	~~Annually~~	~~36400~~	~~38542~~	~~40768~~	~~43056~~	~~45510~~			4900
12	~~Hourly~~	~~19.31~~	~~20.39~~	~~21.49~~	~~22.68~~	~~23.94~~	~~25.25~~	~~26.64~~	4901
	~~Annually~~	~~40165~~	~~42411~~	~~44699~~	~~47174~~	~~49795~~	~~52520~~	~~55411~~	4902
13	~~Hourly~~	~~21.28~~	~~22.45~~	~~23.68~~	~~24.95~~	~~26.35~~	~~27.79~~	~~29.32~~	4903
	~~Annually~~	~~44262~~	~~46696~~	~~49254~~	~~51896~~	~~54808~~	~~57803~~	~~60986~~	4904
14	~~Hourly~~	~~23.41~~	~~24.73~~	~~26.06~~	~~27.49~~	~~29.04~~	~~30.65~~	~~32.33~~	4905
	~~Annually~~	~~48693~~	~~51438~~	~~54205~~	~~57179~~	~~60403~~	~~63752~~	~~67246~~	4906
15	~~Hourly~~	~~25.71~~	~~27.15~~	~~28.69~~	~~30.27~~	~~31.94~~	~~33.71~~	~~35.56~~	4907
	~~Annually~~	~~53477~~	~~56472~~	~~59675~~	~~62962~~	~~66435~~	~~70117~~	~~73965~~	4908
16	~~Hourly~~	~~28.35~~	~~29.92~~	~~31.58~~	~~33.34~~	~~35.18~~	~~37.18~~	~~39.23~~	4909
	~~Annually~~	~~58968~~	~~62234~~	~~65686~~	~~69347~~	~~73174~~	~~77334~~	~~81598~~	4910
17	~~Hourly~~	~~31.24~~	~~32.96~~	~~34.81~~	~~36.73~~	~~38.78~~	~~40.94~~	~~43.20~~	4911
	~~Annually~~	~~64979~~	~~68557~~	~~72405~~	~~76398~~	~~80662~~	~~85155~~	~~89856~~	4912
18	~~Hourly~~	~~34.42~~	~~36.33~~	~~38.37~~	~~40.49~~	~~42.72~~	~~45.12~~	~~47.60~~	4913
	~~Annually~~	~~71594~~	~~75566~~	~~79810~~	~~84219~~	~~88858~~	~~93850~~	~~99008~~	4914

~~Schedule E-2~~

4915

	~~Range~~	~~Minimum~~	~~Maximum~~	4916
41	~~Hourly~~	~~16.23~~	~~31.21~~	4917
	~~Annually~~	~~33758~~	~~64917~~	4918
42	~~Hourly~~	~~17.89~~	~~34.48~~	4919
	~~Annually~~	~~37211~~	~~71718~~	4920
43	~~Hourly~~	~~19.70~~	~~37.97~~	4921
	~~Annually~~	~~40976~~	~~78978~~	4922
44	~~Hourly~~	~~21.73~~	~~41.47~~	4923
	~~Annually~~	~~45198~~	~~86258~~	4924
45	~~Hourly~~	~~24.01~~	~~45.28~~	4925
	~~Annually~~	~~49941~~	~~94182~~	4926
46	~~Hourly~~	~~26.43~~	~~49.48~~	4927
	~~Annually~~	~~54974~~	~~102918~~	4928
47	~~Hourly~~	~~29.14~~	~~54.00~~	4929
	~~Annually~~	~~60611~~	~~112320~~	4930
48	~~Hourly~~	~~32.14~~	~~58.93~~	4931
	~~Annually~~	~~66851~~	~~122574~~	4932
49	~~Hourly~~	~~35.44~~	~~63.63~~	4933
	~~Annually~~	~~73715~~	~~132350~~	4934

~~(C)~~ Beginning on the first day of the pay period that	4935
includes July 1, 2002, each exempt employee shall be paid a salary	4936
or wage in accordance with the following schedule of rates:	4937

Schedule E-1

4938

Pay Ranges and Step Values

4939

		Step	Step	Step	Step	Step	Step	Step	4940
	Range	1	2	3	4	5	6	7	4941
1	Hourly	8.78	9.16	9.56	9.97				4942
	Annually	18262	19053	19885	20738				4943
2	Hourly	10.64	11.09	11.58	12.08				4944
	Annually	22131	23067	24086	25126				4945
3	Hourly	11.14	11.65	12.16	12.69				4946
	Annually	23171	24232	25293	26395				4947
4	Hourly	11.70	12.23	12.81	13.38				4948
	Annually	24336	25438	26645	27830				4949
5	Hourly	12.28	12.84	13.38	13.97				4950
	Annually	25542	26707	27830	29058				4951
6	Hourly	12.94	13.47	14.07	14.64				4952
	Annually	26915	28018	29266	30451				4953
7	Hourly	13.74	14.26	14.83	15.35	15.94			4954
	Annually	28579	29661	30846	31928	33155			4955
8	Hourly	14.53	15.16	15.83	16.53	17.23			4956
	Annually	30222	31533	32926	34382	35838			4957
9	Hourly	15.50	16.30	17.11	17.95	18.87			4958
	Annually	32240	33904	35589	37336	39250			4959
10	Hourly	16.72	17.63	18.58	19.65	20.70			4960
	Annually	34778	36670	38646	40872	43056			4961
11	Hourly	18.20	19.27	20.38	21.53	22.76			4962
	Annually	37856	40082	42390	44782	47341			4963
12	Hourly	20.08	21.21	22.35	23.59	24.90	26.26	27.71	4964
	Annually	41766	44117	46488	49067	51792	54621	57637	4965
13	Hourly	22.13	23.35	24.63	25.95	27.40	28.90	30.49	4966
	Annually	46030	48568	51230	53976	56992	60112	63419	4967
14	Hourly	24.35	25.72	27.10	28.59	30.20	31.88	33.62	4968
	Annually	50648	53498	56368	59467	62816	66310	69930	4969
15	Hourly	26.74	28.24	29.84	31.48	33.22	35.06	36.98	4970
	Annually	55619	58739	62067	65478	69098	72925	76918	4971
16	Hourly	29.48	31.12	32.84	34.67	36.59	38.67	40.80	4972
	Annually	61318	64730	68307	72114	76107	80434	84864	4973
17	Hourly	32.49	34.28	36.20	38.20	40.33	42.58	44.93	4974
	Annually	67579	71302	75296	79456	83886	88566	93454	4975
18	Hourly	35.80	37.78	39.90	42.11	44.43	46.92	49.50	4976
	Annually	74464	78582	82992	87589	92414	97594	102960	4977

Schedule E-2

4978

	Range	Minimum	Maximum	4979
41	Hourly	16.23	32.46	4980
	Annually	33758	67517	4981
42	Hourly	17.89	35.86	4982
	Annually	37211	74589	4983
43	Hourly	19.70	39.49	4984
	Annually	40976	82139	4985
44	Hourly	21.73	43.13	4986
	Annually	45198	89710	4987
45	Hourly	24.01	47.09	4988
	Annually	49941	97947	4989
46	Hourly	26.43	51.46	4990
	Annually	54974	107037	4991
47	Hourly	29.14	56.16	4992
	Annually	60611	116813	4993
48	Hourly	32.14	61.29	4994
	Annually	66851	127483	4995
49	Hourly	35.44	66.18	4996
	Annually	73715	137654	4997

~~(D)~~(B) Beginning on the first day of the pay period that	4998
includes July 1, 2005, each exempt employee shall be paid a salary	4999
or wage in accordance with the following schedule of rates:	5000

Schedule E-1

5001

Pay Ranges and Step Values

5002

		Step	Step	Step	Step	Step	Step	Step	5003
	Range	1	2	3	4	5	6	7	5004
1	Hourly	9.13	9.53	9.94	10.37				5005
	Annually	18990	19822	20675	21570				5006
2	Hourly	11.07	11.53	12.04	12.56				5007
	Annually	23026	23982	25043	26125				5008
3	Hourly	11.59	12.12	12.65	13.20				5009
	Annually	24107	25210	26312	27456				5010
4	Hourly	12.17	12.72	13.32	13.92				5011
	Annually	25314	26458	27706	28954				5012
5	Hourly	12.77	13.35	13.92	14.53				5013
	Annually	26562	27768	28954	30222				5014
6	Hourly	13.46	14.01	14.63	15.23				5015
	Annually	27997	29141	30430	31678				5016
7	Hourly	14.29	14.83	15.42	15.96	16.58			5017
	Annually	29723	30846	32074	33197	34486			5018
8	Hourly	15.11	15.77	16.46	17.19	17.92			5019
	Annually	31429	32802	34237	35755	37274			5020
9	Hourly	16.12	16.95	17.79	18.67	19.62			5021
	Annually	33530	35256	37003	38834	40810			5022
10	Hourly	17.39	18.34	19.32	20.44	21.53			5023
	Annually	36171	38147	40186	42515	44782			5024
11	Hourly	18.93	20.04	21.20	22.39	23.67			5025
	Annually	39374	41683	44096	46571	49234			5026
12	Hourly	20.88	22.06	23.24	24.53	25.90	27.31	28.82	5027
	Annually	43430	45885	48339	51022	53872	56805	59946	5028
13	Hourly	23.02	24.28	25.62	26.99	28.50	30.06	31.71	5029
	Annually	47882	50502	53290	56139	59280	62525	65957	5030
14	Hourly	25.32	26.75	28.18	29.73	31.41	33.16	34.96	5031
	Annually	52666	55640	58614	61838	65333	68973	72717	5032
15	Hourly	27.81	29.37	31.03	32.74	34.55	36.46	38.46	5033
	Annually	57845	61090	64542	68099	71864	75837	79997	5034
16	Hourly	30.66	32.36	34.15	36.06	38.05	40.22	42.43	5035
	Annually	63773	67309	71032	75005	79144	83658	88254	5036
17	Hourly	33.79	35.65	37.65	39.73	41.94	44.28	46.73	5037
	Annually	70283	74152	78312	82638	87235	92102	97198	5038
18	Hourly	37.23	39.29	41.50	43.79	46.21	48.80	51.48	5039
	Annually	77438	81723	86320	91083	96117	101504	107078	5040

Schedule E-2

5041

	Range	Minimum	Maximum	5042
41	Hourly	16.23	33.76	5043
	Annually	33758	70221	5044
42	Hourly	17.89	37.29	5045
	Annually	37211	77563	5046
43	Hourly	19.70	41.07	5047
	Annually	40976	85426	5048
44	Hourly	21.73	44.86	5049
	Annually	45198	93309	5050
45	Hourly	24.01	48.97	5051
	Annually	49941	101858	5052
46	Hourly	26.43	53.52	5053
	Annually	54974	111322	5054
47	Hourly	29.14	58.41	5055
	Annually	60611	121493	5056
48	Hourly	32.14	63.74	5057
	Annually	66851	132579	5058
49	Hourly	35.44	68.83	5059
	Annually	73715	143166	5060

(C) As used in this section, "exempt employee" means a	5061
permanent full-time or permanent part-time employee paid directly	5062
by warrant of the auditor of state whose position is included in	5063
the job classification plan established under division (A) of	5064
section 124.14 of the Revised Code but who is not considered a	5065
public employee for the purposes of Chapter 4117. of the Revised	5066
Code. As used in this section, "exempt employee" also includes a	5067
permanent full-time or permanent part-time employee of the	5068
secretary of state, auditor of state, treasurer of state, or	5069
attorney general who has not been placed in an appropriate	5070
bargaining unit by the state employment relations board.	5071

Sec. 124.181. (A) Except as provided in division (M) of this	5072
section, any employee paid under schedule B of section 124.15 or	5073
under schedule E-1 of section 124.152 of the Revised Code is	5074
eligible for the pay supplements provided in this section upon	5075
application by the appointing authority substantiating the	5076
employee's qualifications for the supplement and with the approval	5077
of the director of administrative services except as provided in	5078
division (E) of this section.	5079

(B) InExcept as provided in section 124.183 of the Revised	5080
Code, in computing any of the pay supplements provided in this	5081
section, the classification salary base shall be the minimum	5082
hourly rate of the pay range, provided in section 124.15 or	5083
124.152 of the Revised Code, in which the employee is assigned at	5084
the time of computation.	5085

(C) The effective date of any pay supplement, except as	5086
provided in section 124.183 of the Revised Code or unless	5087
otherwise provided in this section, shall be determined by the	5088
director.	5089

(D) The director shall, by rule, establish standards	5090
regarding the administration of this section.	5091

(E)(1) Except as otherwise provided in this division,	5092
beginning on the first day of the pay period within which the	5093
employee completes five years of total service with the state	5094
government or any of its political subdivisions, each employee in	5095
positions paid under salary schedule B of section 124.15 or under	5096
salary schedule E-1 of section 124.152 of the Revised Code shall	5097
receive an automatic salary adjustment equivalent to two and	5098
one-half per cent of the classification salary base, to the	5099
nearest whole cent. Each employee shall receive thereafter an	5100
annual adjustment equivalent to one-half of one per cent of the	5101
employee's classification salary base, to the nearest whole cent,	5102
for each additional year of qualified employment until a maximum	5103
of ten per cent of the employee's classification salary base is	5104
reached. The granting of longevity adjustments shall not be	5105
affected by promotion, demotion, or other changes in	5106
classification held by the employee, nor by any change in pay	5107
range for the employee's class. Longevity pay adjustments shall	5108
become effective at the beginning of the pay period within which	5109
the employee completes the necessary length of service, except	5110
that when an employee requests credit for prior service, the	5111
effective date of the prior service credit and of any longevity	5112
adjustment shall be the first day of the pay period following	5113
approval of the credit by the director of administrative services.	5114
No employee, other than an employee who submits proof of prior	5115
service within ninety days after the date of the employee's	5116
hiring, shall receive any longevity adjustment for the period	5117
prior to the director's approval of a prior service credit. Time	5118
spent on authorized leave of absence shall be counted for this	5119
purpose.	5120

(2) An employee who has retired in accordance with the	5121
provisions of any retirement system offered by the state and who	5122
is employed by the state or any political subdivision of the state	5123
on or after June 24, 1987, shall not have prior service with the	5124
state or any political subdivision of the state counted for the	5125
purpose of determining the amount of the salary adjustment	5126
provided under this division.	5127

(3) There shall be a moratorium on employees' receipt under	5128
this division of credit for service with the state government or	5129
any of its political subdivisions during the period from July 1,	5130
2003, through June 30, 2005. In calculating the number of years of	5131
total service under this division, no credit shall be included for	5132
service during the moratorium. The moratorium shall apply to the	5133
employees of the secretary of state, the auditor of state, the	5134
treasurer of state, the attorney general, the supreme court, and	5135
state boards and commissions, who are subject to this section	5136
unless the secretary of state, auditor of state, treasurer of	5137
state, attorney general, supreme court, board, or commission	5138
decides to exempt its employees from the moratorium and so	5139
notifies the director of administrative services in writing.	5140

If an employee is exempt from the moratorium, receives credit	5141
for a period of service during the moratorium, and takes a	5142
position with another entity in the state government or any of its	5143
political subdivisions, either during or after the moratorium, and	5144
if that entity's employees are or were subject to the moratorium,	5145
the employee shall continue to retain the credit. However, if the	5146
moratorium is in effect upon the taking of the new position, the	5147
employee shall cease receiving additional credit as long as the	5148
employee is in the position, until the moratorium expires.	5149

(F) When an exceptional condition exists that creates a	5150
temporary or a permanent hazard for one or more positions in a	5151
class paid under schedule B of section 124.15 or under salary	5152
schedule E-1 of section 124.152 of the Revised Code, a special	5153
hazard salary adjustment may be granted for the time the employee	5154
is subjected to the hazardous condition. All special hazard	5155
conditions shall be identified for each position and incidence	5156
from information submitted to the director on an appropriate form	5157
provided by the director and categorized into standard conditions	5158
of: some unusual hazard not common to the class; considerable	5159
unusual hazard not common to the class; and exceptional hazard not	5160
common to the class.	5161

(1) A hazardous salary adjustment of five per cent of the	5162
employee's classification salary base may be applied in the case	5163
of some unusual hazardous condition not common to the class for	5164
those hours worked, or a fraction thereof, while the employee was	5165
subject to the unusual hazard condition.	5166

(2) A hazardous salary adjustment of seven and one-half per	5167
cent of the employee's classification salary base may be applied	5168
in the case of some considerable hazardous condition not common to	5169
the class for those hours worked, or a fraction thereof, while the	5170
employee was subject to the considerable hazard condition.	5171

(3) A hazardous salary adjustment of ten per cent of the	5172
employee's classification salary base may be applied in the case	5173
of some exceptional hazardous condition not common to the class	5174
for those hours worked, or a fraction thereof, when the employee	5175
was subject to the exceptional hazard condition.	5176

(4) Each claim for temporary hazard pay shall be submitted as	5177
a separate payment and shall be subject to an administrative audit	5178
by the director as to the extent and duration of the employee's	5179
exposure to the hazardous condition.	5180

(G) When a full-time employee whose salary or wage is paid	5181
directly by warrant of the auditor of state and who also is	5182
eligible for overtime under the "Fair Labor Standards Act of	5183
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is ordered	5184
by the appointing authority to report back to work after	5185
termination of the employee's regular work schedule and the	5186
employee reports, the employee shall be paid for such time. The	5187
employee shall be entitled to four hours at the employee's total	5188
rate of pay or overtime compensation for the actual hours worked,	5189
whichever is greater. This division does not apply to work that is	5190
a continuation of or immediately preceding an employee's regular	5191
work schedule.	5192

(H) When a certain position or positions paid under schedule	5193
B of section 124.15 or under salary schedule E-1 of section	5194
124.152 of the Revised Code require the ability to speak or write	5195
a language other than English, a special pay supplement may be	5196
granted to attract bilingual individuals, to encourage present	5197
employees to become proficient in other languages, or to retain	5198
qualified bilingual employees. The bilingual pay supplement	5199
provided in this division may be granted in the amount of five per	5200
cent of the employee's classification salary base for each	5201
required foreign language and shall remain in effect as long as	5202
the bilingual requirement exists.	5203

(I) The director may establish a shift differential for	5204
employees. Such differential shall be paid to employees in	5205
positions working in other than the regular or first shift. In	5206
those divisions or agencies where only one shift prevails, no	5207
shift differential shall be paid regardless of the hours of the	5208
day that are worked. The director and the appointing authority	5209
shall designate which positions shall be covered by this division.	5210

(J) Whenever an employee is assigned to work in a higher	5211
level position for a continuous period of more than two weeks but	5212
no more than two years because of a vacancy, the employee's pay	5213
may be established at a rate that is approximately four per cent	5214
above the employee's current base rate for the period the employee	5215
occupies the position, provided that this temporary occupancy is	5216
approved by the director. Employees paid under this division shall	5217
continue to receive any of the pay supplements due them under	5218
other divisions of this section based on the step one base rate	5219
for their normal classification.	5220

(K) If a certain position, or positions, within a class paid	5221
under schedule B of section 124.15 or under salary schedule E-1 of	5222
section 124.152 of the Revised Code are mandated by state or	5223
federal law or regulation or other regulatory agency or other	5224
certification authority to have special technical certification,	5225
registration, or licensing to perform the functions which are	5226
under the mandate, a special professional achievement pay	5227
supplement may be granted. This special professional achievement	5228
pay supplement shall not be granted when all incumbents in all	5229
positions in a class require license as provided in the	5230
classification description published by the department of	5231
administrative services; to licensees where no special or	5232
extensive training is required; when certification is granted upon	5233
completion of a stipulated term of in-service training; when an	5234
appointing authority has required certification; or any other	5235
condition prescribed by the director.	5236

(1) Before this supplement may be applied, evidence as to the	5237
requirement must be provided by the agency for each position	5238
involved, and certification must be received from the director as	5239
to the director's concurrence for each of the positions so	5240
affected.	5241

(2) The professional achievement pay supplement provided in	5242
this division shall be granted in an amount up to ten per cent of	5243
the employee's classification salary base and shall remain in	5244
effect as long as the mandate exists.	5245

(L) Those employees assigned to teaching supervisory,	5246
principal, assistant principal, or superintendent positions who	5247
have attained a higher educational level than a basic bachelor's	5248
degree may receive an educational pay supplement to remain in	5249
effect as long as the employee's assignment and classification	5250
remain the same.	5251

(1) An educational pay supplement of two and one-half per	5252
cent of the employee's classification salary base may be applied	5253
upon the achievement of a bachelor's degree plus twenty quarter	5254
hours of postgraduate work.	5255

(2) An educational pay supplement of an additional five per	5256
cent of the employee's classification salary base may be applied	5257
upon achievement of a master's degree.	5258

(3) An educational pay supplement of an additional two and	5259
one-half per cent of the employee's classification salary base may	5260
be applied upon achievement of a master's degree plus thirty	5261
quarter hours of postgraduate work.	5262

(4) An educational pay supplement of five per cent of the	5263
employee's classification salary base may be applied when the	5264
employee is performing as a master teacher.	5265

(5) An educational pay supplement of five per cent of the	5266
employee's classification salary base may be applied when the	5267
employee is performing as a special education teacher.	5268

(6) Those employees in teaching supervisory, principal,	5269
assistant principal, or superintendent positions who are	5270
responsible for specific extracurricular activity programs shall	5271
receive overtime pay for those hours worked in excess of their	5272
normal schedule, at their straight time hourly rate up to a	5273
maximum of five per cent of their regular base salary in any	5274
calendar year.	5275

(M)(1) A state agency, board, or commission may establish a	5276
supplementary compensation schedule for those licensed physicians	5277
employed by the agency, board, or commission in positions	5278
requiring a licensed physician. The supplementary compensation	5279
schedule, together with the compensation otherwise authorized by	5280
this chapter, shall provide for the total compensation for these	5281
employees to range appropriately, but not necessarily uniformly,	5282
for each classification title requiring a licensed physician, in	5283
accordance with a schedule approved by the state controlling	5284
board. The individual salary levels recommended for each such	5285
physician employed shall be approved by the director.	5286
Notwithstanding section 124.11 of the Revised Code, such personnel	5287
are in the unclassified civil service.	5288

(2) The director of administrative services may approve	5289
supplementary compensation for the director of health, if the	5290
director is a licensed physician, in accordance with a	5291
supplementary compensation schedule approved under division (M)(1)	5292
of this section or in accordance with another supplementary	5293
compensation schedule the director of administrative services	5294
considers appropriate. The supplementary compensation shall not	5295
exceed twenty per cent of the director of health's base rate of	5296
pay.	5297

(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,	5298
117.42, and 131.02 of the Revised Code, the state shall not	5299
institute any civil action to recover and shall not seek	5300
reimbursement for overpayments made in violation of division (E)	5301
of this section or division (C) of section 9.44 of the Revised	5302
Code for the period starting after June 24, 1987, and ending on	5303
October 31, 1993.	5304

(O) Employees of the office of the treasurer of state who are	5305
exempt from collective bargaining coverage may be granted a merit	5306
pay supplement of up to one and one-half per cent of their step	5307
rate. The rate at which this supplement is granted shall be based	5308
on performance standards established by the treasurer of state.	5309
Any supplements granted under this division shall be administered	5310
on an annual basis.	5311

Sec. 124.183. (A) As used in this section, "active payroll"	5312
means when an employee is actively working; on military, worker's	5313
compensation, occupational injury, or disability leave; or on an	5314
approved leave of absence.	5315

(B) Each permanent employee paid under schedule E-1 of	5316
section 124.152 of the Revised Code who was appointed on or before	5317
March 6, 2003, and is on the active payroll as of November 14,	5318
2004, shall receive a one-time pay supplement. The supplement	5319
shall be a two per cent lump sum payment that is based on the	5320
annualization of the top step of the pay range that the employee	5321
is in on November 14, 2004.	5322

Each permanent employee paid under schedule E-2 of section	5323
124.152 of the Revised Code who was appointed on or before March	5324
6, 2003, and is on the active payroll as of November 14, 2004,	5325
shall receive a one-time pay supplement. The supplement shall be a	5326
two per cent lump sum payment that is based upon the annualization	5327
of the maximum hourly rate of the pay range that the employee is	5328
in on November 14, 2004.	5329

(C) Each permanent employee who is exempt from collective	5330
bargaining, is not covered by division (B) of this section, was	5331
appointed on or before March 6, 2003, and is on the active payroll	5332
as of November 14, 2004, shall receive a one-time pay supplement.	5333
The supplement shall be a two per cent lump sum payment that is	5334
based upon the annualization of the base rate of the employee's	5335
pay on November 14, 2004.	5336

(D) A part-time employee who is eligible to receive a	5337
one-time pay supplement under division (B) or (C) of this section	5338
shall have the employee's one-time pay supplement pro-rated based	5339
on the number of hours worked in the twenty-six pay periods prior	5340
to November 14, 2004.	5341

An employee who is eligible to receive a one-time pay	5342
supplement under division (B) or (C) of this section and was on a	5343
voluntary leave of absence shall have the employee's one-time pay	5344
supplement pro-rated based on the number of hours worked in the	5345
twenty-six pay periods prior to November 14, 2004.	5346

(E) A one-time pay supplement under this section shall be	5347
paid in the employee's first paycheck in December of 2004.	5348

(F) Notwithstanding any provision of law to the contrary, a	5349
one-time pay supplement under this section shall not be subject to	5350
withholding for deposit into any state retirement system.	5351
Notwithstanding any provision of law to the contrary, a one-time	5352
pay supplement under this section shall not be used for	5353
calculation purposes in determining an employee's retirement	5354
benefits in any state retirement system.	5355

(G)(1) This section does not apply to employees of the	5356
general assembly, legislative agencies, or the supreme court.	5357

(2) This section does not apply to employees of the secretary	5358
of state, auditor of state, treasurer of state, attorney general,	5359
or state boards and commissions unless the secretary of state,	5360
auditor of state, treasurer of state, attorney general, board, or	5361
commission decides that its employees should be eligible for the	5362
one-time pay supplement and so notifies the director of	5363
administrative services in writing on or before July 1, 2004.	5364

Sec. 125.073. (A) The department of administrative services	5365
shall actively promote and accelerate the use of electronic	5366
procurement, including reverse auctions as defined by section	5367
125.072 of the Revised Code, by implementing the relevant	5368
recommendations concerning electronic procurement from the "2000	5369
Management Improvement Commission Report to the Governor" when	5370
exercising its statutory powers.	5371

(B) Beginning July 1, 2004, the department shall annually on	5372
or before the first day of July report to the committees in each	5373
house of the general assembly dealing with finance indicating the	5374
effectiveness of electronic procurement.	5375

Sec. 125.15. All state agencies required to secure any	5376
equipment, materials, supplies, or services~~, or contracts of~~	5377
~~insurance~~ from the department of administrative services shall	5378
make acquisition in the manner and upon forms prescribed by the	5379
director of administrative services and shall reimburse the	5380
department for the equipment, materials, supplies, or services, or	5381
~~contracts of insurance,~~ including a reasonable sum to cover the	5382
department's administrative costs, whenever reimbursement is	5383
required by the department. The money so paid shall be deposited	5384
in the state treasury to the credit of the general services fund	5385
or the information technology fund, as appropriate. ~~Such~~Those	5386
funds are hereby created.	5387

Sec. 125.91. As used in sections 125.92 to 125.98 of the	5388
Revised Code:	5389

(A) "State agency" includes every department, bureau, board,	5390
commission, office, or other organized body established by the	5391
constitution and laws of the state for the exercise of any	5392
function of state government, but does not include any	5393
state-supported institution of higher education, the general	5394
assembly or any legislative agency, the attorney general, the	5395
auditor of state, the secretary of state, the treasurer of state,	5396
the bureau of workers' compensation, any court or judicial agency,	5397
or any political subdivision or agency ~~thereof~~of a political	5398
subdivision.	5399

(B) "Form" means any document, device, or item used to convey	5400
information, regardless of medium, that has blank spaces for the	5401
insertion of information and that may have a predetermined format	5402
and data elements to guide the entry, ~~interpretration~~	5403
interpretation, and use of the information. "Form" does not	5404
include letterheads, envelopes, labels, tags, tickets, or note	5405
pads, or forms mandated by the federal government, but does	5406
include all computer-generated forms except those mandated by the	5407
federal government. ~~As used in sections 125.931 to 125.935 of the~~	5408
~~Revised Code, "form" applies only to a form that is used by a~~	5409
~~state agency and that is completed in whole or in part by private~~	5410
~~business, political subdivisions, or the public.~~	5411

Sec. 125.92. There is hereby established in the department	5412
of administrative services a state forms management ~~control center~~	5413
program, which shall be under the control and supervision of the	5414
director of administrative services~~, who shall appoint an~~	5415
~~administrator of the center~~or the director's designee.	5416

The ~~center~~state forms management program shall ~~develop,~~	5417
~~implement, and maintain a statewide forms management program that~~	5418
~~involves~~be developed, implemented, and maintained for all state	5419
agencies and isbe designed to simplify, consolidate, or	5420
eliminate, when expedient, forms, surveys, and other documents	5421
used by state agencies. In developing the program, particular	5422
emphasis shall be placed upon determining the actual need for any	5423
information, records, and reports sought from private business,	5424
agriculture, and local governments through the use of ~~such~~ forms,	5425
surveys, and other documents.	5426

Sec. 125.93. The state forms management ~~control center~~	5427
program shall do each of the following:	5428

(A) Assist state agencies in establishing internal forms	5429
management capabilities;	5430

(B) Study, develop, coordinate, and initiate forms of	5431
interagency and common administrative usage, and establish basic	5432
design and specification criteria to standardize state forms;	5433

(C) Assist state agencies to design economical forms ~~and~~	5434
~~compose art work for forms~~;	5435

(D) ~~Establish and supervise control procedures to prevent the~~	5436
~~undue creation and reproduction of state forms;~~	5437

~~(E)~~ Assist, train, and instruct state agencies and their	5438
forms management representatives in forms management techniques,	5439
and provide direct forms management assistance to new state	5440
agencies as they are created;	5441

~~(F)~~(E) Maintain a central ~~cross index~~forms repository of all	5442
state forms to facilitate standardization of the forms, eliminate	5443
redundant forms, and provide a central source of information on	5444
forms usage and availability;	5445

~~(G) Utilize existing functions within the department of~~	5446
~~administrative services to design economical forms and compose art~~	5447
~~work, as well as use appropriate procurement techniques to take~~	5448
~~advantage of competitive selection, consolidated orders, and~~	5449
~~contract procurement of forms;~~	5450

~~(H) Conduct an annual evaluation of the effectiveness of the~~	5451
~~forms management program and the forms management practices of~~	5452
~~individual state agencies, and maintain records that indicate~~	5453
~~dollar savings resulting from, and the number of forms eliminated,~~	5454
~~simplified, or standardized through, centralized forms management.~~	5455
~~The results of the evaluation shall be reported to the speaker of~~	5456
~~the house of representatives and president of the senate not later~~	5457
~~than the fifteenth day of January each year. The center shall~~	5458
~~report on the first day of each month to the state records~~	5459
~~administrator on its activities during the preceding month~~.	5460

Sec. 125.95. (A) The ~~administrator of the~~ state forms	5461
management ~~control center~~program may permit any state agency to	5462
manage fully any forms used or proposed to be used by it, whenever	5463
the ~~administrator~~program determines that the delegation will	5464
result in the most timely and economical method of accomplishing	5465
the objectives of the ~~forms management~~ program as set forth in	5466
section 125.93 of the Revised Code. A determination to delegate to	5467
a state agency authority to manage forms may, among other matters,	5468
take into consideration the benefits of central management of any	5469
form in relation to the costs associated with ~~such~~that	5470
management.	5471

(B) To expedite the collection and disposition of general	5472
state and local revenue, the ~~administrator~~state forms management	5473
program shall permit, without prior authorization, the tax	5474
commissioner to design, print or have printed, distribute, and	5475
require the use of those forms ~~which~~that the tax commissioner	5476
determines are necessary for the proper administration of those	5477
taxes and programs hethe tax commissioner administers except as	5478
provided in division (A) of section 4307.05 of the Revised Code.	5479
The tax commissioner shall report to the ~~administrator~~program not	5480
later than fifteen days after the close of each calendar quarter	5481
with respect to the forms activities occurring within ~~his~~the tax	5482
commissioner's agency during the preceding calendar quarter.	5483

Sec. 125.96. The director of administrative services may	5484
adopt, amend, or rescind rules necessary to carry out the powers	5485
and duties imposed upon the state forms management ~~control center~~	5486
~~and its administrator~~program and state agencies by sections	5487
125.92 to 125.98 of the Revised Code. The director shall adopt,	5488
and may amend or rescind, rules providing ~~that~~each of the	5489
following:	5490

(A) After a date to be determined by the ~~administrator~~state	5491
forms management program, no state agency shall utilize any form,	5492
other than a form subject to division (B) of section 125.95 of the	5493
Revised Code, the management of which has not been delegated to	5494
the agency by the ~~administrator~~program under division (A) of that	5495
section ~~125.95 of the Revised Code~~ or ~~that has not~~ been approved	5496
by the ~~center~~program.	5497

(B) The notice required by section 125.97 of the Revised Code	5498
shall appear in a standard place and a standard manner on each	5499
form to which the notice applies, and shall include specified	5500
indicia of approval by the ~~administrator~~state forms management	5501
program.	5502

(C) Any form required by a state agency on an emergency basis	5503
may be given interim approval by the ~~administrator~~state forms	5504
management program if the form is accompanied by a letter from the	5505
director or other head of the agency setting forth the nature of	5506
the emergency and requesting interim approval.	5507

Sec. 125.98. (A) Each state agency shall appoint a forms	5508
management representative, who may be from existing personnel. The	5509
appointee shall cooperate with, and provide other necessary	5510
assistance to, the director of administrative services and the	5511
~~administrator of the~~ state forms management ~~control center~~program	5512
in implementing the ~~state forms management~~ program. A forms	5513
management representative shall do all of the following:	5514

(1) Manage the agency's forms management program and	5515
cooperate with and provide other necessary assistance to the	5516
director of administrative services in implementing the state	5517
forms management program;	5518

(2) Monitor the use and reproduction of all forms to ensure	5519
that all policies, procedures, guidelines, and standards	5520
established by the agency and the director of administrative	5521
services are followed;	5522

(3) Ensure that every form used by the agency is presented to	5523
the state forms management ~~control center~~program for registration	5524
prior to its reproduction;	5525

(4) Maintain a master forms file history file, in numeric	5526
order, of all agency forms;	5527

(5) Verify and update the information on all forms ~~computer~~	5528
~~file reports returned to the agency by the state forms management~~	5529
~~control center~~in the central forms repository database.	5530

(B) Any state agency, as ~~such term is~~ defined in section 1.60	5531
of the Revised Code, not included within the definition of a state	5532
agency in section 125.91 of the Revised Code may elect to	5533
participate in the state forms management program. The ~~center~~	5534
program may provide to any such agency any service required or	5535
authorized by sections 125.92 to 125.98 of the Revised Code to be	5536
performed for a state agency.	5537

Sec. 127.16. (A) Upon the request of either a state agency	5538
or the director of budget and management and after the controlling	5539
board determines that an emergency or a sufficient economic reason	5540
exists, the controlling board may approve the making of a purchase	5541
without competitive selection as provided in division (B) of this	5542
section.	5543

(B) Except as otherwise provided in this section, no state	5544
agency, using money that has been appropriated to it directly,	5545
shall:	5546

(1) Make any purchase from a particular supplier, that would	5547
amount to fifty thousand dollars or more when combined with both	5548
the amount of all disbursements to the supplier during the fiscal	5549
year for purchases made by the agency and the amount of all	5550
outstanding encumbrances for purchases made by the agency from the	5551
supplier, unless the purchase is made by competitive selection or	5552
with the approval of the controlling board;	5553

(2) Lease real estate from a particular supplier, if the	5554
lease would amount to seventy-five thousand dollars or more when	5555
combined with both the amount of all disbursements to the supplier	5556
during the fiscal year for real estate leases made by the agency	5557
and the amount of all outstanding encumbrances for real estate	5558
leases made by the agency from the supplier, unless the lease is	5559
made by competitive selection or with the approval of the	5560
controlling board.	5561

(C) Any person who authorizes a purchase in violation of	5562
division (B) of this section shall be liable to the state for any	5563
state funds spent on the purchase, and the attorney general shall	5564
collect the amount from the person.	5565

(D) Nothing in division (B) of this section shall be	5566
construed as:	5567

(1) A limitation upon the authority of the director of	5568
transportation as granted in sections 5501.17, 5517.02, and	5569
5525.14 of the Revised Code;	5570

(2) Applying to medicaid provider agreements under Chapter	5571
5111. of the Revised Code or payments or provider agreements under	5572
the disability ~~assistance~~ medical assistance program established	5573
under Chapter 5115. of the Revised Code;	5574

(3) Applying to the purchase of examinations from a sole	5575
supplier by a state licensing board under Title XLVII of the	5576
Revised Code;	5577

(4) Applying to entertainment contracts for the Ohio state	5578
fair entered into by the Ohio expositions commission, provided	5579
that the controlling board has given its approval to the	5580
commission to enter into such contracts and has approved a total	5581
budget amount for such contracts as agreed upon by commission	5582
action, and that the commission causes to be kept itemized records	5583
of the amounts of money spent under each contract and annually	5584
files those records with the clerk of the house of representatives	5585
and the clerk of the senate following the close of the fair;	5586

(5) Limiting the authority of the chief of the division of	5587
mineral resources management to contract for reclamation work with	5588
an operator mining adjacent land as provided in section 1513.27 of	5589
the Revised Code;	5590

(6) Applying to investment transactions and procedures of any	5591
state agency, except that the agency shall file with the board the	5592
name of any person with whom the agency contracts to make, broker,	5593
service, or otherwise manage its investments, as well as the	5594
commission, rate, or schedule of charges of such person with	5595
respect to any investment transactions to be undertaken on behalf	5596
of the agency. The filing shall be in a form and at such times as	5597
the board considers appropriate.	5598

(7) Applying to purchases made with money for the per cent	5599
for arts program established by section 3379.10 of the Revised	5600
Code;	5601

(8) Applying to purchases made by the rehabilitation services	5602
commission of services, or supplies, that are provided to persons	5603
with disabilities, or to purchases made by the commission in	5604
connection with the eligibility determinations it makes for	5605
applicants of programs administered by the social security	5606
administration;	5607

(9) Applying to payments by the department of job and family	5608
services under section 5111.13 of the Revised Code for group	5609
health plan premiums, deductibles, coinsurance, and other	5610
cost-sharing expenses;	5611

(10) Applying to any agency of the legislative branch of the	5612
state government;	5613

(11) Applying to agreements or contracts entered into under	5614
section 5101.11, 5101.21, or 5101.211 of the Revised Code;	5615

(12) Applying to purchases of services by the adult parole	5616
authority under section 2967.14 of the Revised Code or by the	5617
department of youth services under section 5139.08 of the Revised	5618
Code;	5619

(13) Applying to dues or fees paid for membership in an	5620
organization or association;	5621

(14) Applying to purchases of utility services pursuant to	5622
section 9.30 of the Revised Code;	5623

(15) Applying to purchases made in accordance with rules	5624
adopted by the department of administrative services of motor	5625
vehicle, aviation, or watercraft fuel, or emergency repairs of	5626
such vehicles;	5627

(16) Applying to purchases of tickets for passenger air	5628
transportation;	5629

(17) Applying to purchases necessary to provide public	5630
notifications required by law or to provide notifications of job	5631
openings;	5632

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

5633

(19) Applying to purchases of liquor for resale by the	5634
division of liquor control;	5635

(20) Applying to purchases of motor courier and freight	5636
services made in accordance with department of administrative	5637
services rules;	5638

(21) Applying to purchases from the United States postal	5639
service and purchases of stamps and postal meter replenishment	5640
from vendors at rates established by the United States postal	5641
service;	5642

(22) Applying to purchases of books, periodicals, pamphlets,	5643
newspapers, maintenance subscriptions, and other published	5644
materials;	5645

(23) Applying to purchases from other state agencies,	5646
including state-assisted institutions of higher education;	5647

(24) Limiting the authority of the director of environmental	5648
protection to enter into contracts under division (D) of section	5649
3745.14 of the Revised Code to conduct compliance reviews, as	5650
defined in division (A) of that section;	5651

(25) Applying to purchases from a qualified nonprofit agency	5652
pursuant to sections 4115.31 to 4115.35 of the Revised Code;	5653

(26) Applying to payments by the department of job and family	5654
services to the United States department of health and human	5655
services for printing and mailing notices pertaining to the tax	5656
refund offset program of the internal revenue service of the	5657
United States department of the treasury;	5658

(27) Applying to contracts entered into by the department of	5659
mental retardation and developmental disabilities under sections	5660
5123.18, 5123.182, and ~~5111.252~~5123.199 of the Revised Code;	5661

(28) Applying to payments made by the department of mental	5662
health under a physician recruitment program authorized by section	5663
5119.101 of the Revised Code;	5664

(29) Applying to contracts entered into with persons by the	5665
director of commerce for unclaimed funds collection and remittance	5666
efforts as provided in division (F) of section 169.03 of the	5667
Revised Code. The director shall keep an itemized accounting of	5668
unclaimed funds collected by those persons and amounts paid to	5669
them for their services.	5670

(30) Applying to purchases made by a state institution of	5671
higher education in accordance with the terms of a contract	5672
between the vendor and an inter-university purchasing group	5673
comprised of purchasing officers of state institutions of higher	5674
education;	5675

(31) Applying to the department of job and family services'	5676
purchases of health assistance services under the children's	5677
health insurance program part I provided for under section 5101.50	5678
of the Revised Code or the children's health insurance program	5679
part II provided for under section 5101.51 of the Revised Code;	5680

(32) Applying to payments by the attorney general from the	5681
reparations fund to hospitals and other emergency medical	5682
facilities for performing medical examinations to collect physical	5683
evidence pursuant to section 2907.28 of the Revised Code;	5684

(33) Applying to contracts with a contracting authority or	5685
administrative receiver under division (G)(2) of section 5126.055	5686
of the Revised Code;	5687

(34) Applying to reimbursements paid to the United States	5688
department of veterans affairs for pharmaceutical and patient	5689
supply purchases made on behalf of the Ohio veterans' home agency.	5690

(E) Notwithstanding division (B)(1) of this section, the	5691
cumulative purchase threshold shall be seventy-five thousand	5692
dollars for the departments of mental retardation and	5693
developmental disabilities, mental health, rehabilitation and	5694
correction, and youth services.	5695

(F) When determining whether a state agency has reached the	5696
cumulative purchase thresholds established in divisions (B)(1),	5697
(B)(2), and (E) of this section, all of the following purchases by	5698
such agency shall not be considered:	5699

(1) Purchases made through competitive selection or with	5700
controlling board approval;	5701

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

5702

(3) For the purposes of the thresholds of divisions (B)(1)	5703
and (E) of this section only, leases of real estate.	5704

(G) As used in this section, "competitive selection,"	5705
"purchase," "supplies," and "services" have the same meanings as	5706
in section 125.01 of the Revised Code.	5707

Sec. 131.02. (A) Whenever any amount is payable to the state,	5708
the officer, employee, or agent responsible for administering the	5709
law under which the amount is payable shall immediately proceed to	5710
collect the amount or cause the amount to be collected and shall	5711
pay the amount into the state treasury or into the appropriate	5712
custodial fund in the manner set forth pursuant to section 113.08	5713
of the Revised Code. If the amount is not paid within forty-five	5714
days after payment is due, the officer, employee, or agent shall	5715
certify the amount due to the attorney general, in the form and	5716
manner prescribed by the attorney general, and notify the director	5717
of budget and management thereof.	5718

(B)(1) The attorney general shall give immediate notice by	5719
mail or otherwise to the party indebted of the nature and amount	5720
of the indebtedness.	5721

(2) If the amount payable to this state arises from a tax	5722
levied under Chapter 5733., 5739., 5741., or 5747. of the Revised	5723
Code, the notice also shall specify all of the following:	5724

(a) The assessment or case number;

5725

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

5726

(c) The reason for the liability, including, if applicable,	5727
that a penalty or interest is due;	5728

(d) An explanation of how and when interest will be added to	5729
the amount assessed;	5730

(e) That the attorney general and tax commissioner, acting	5731
together, have the authority, but are not required, to compromise	5732
the claim and accept payment over a reasonable time, if such	5733
actions are in the best interest of the state.	5734

(C) The attorney general shall collect the claim or secure a	5735
judgment and issue an execution for its collection.	5736

(D) Each claim shall bear interest, from the day on which the	5737
claim became due, at the ~~base~~ rate per annum ~~for advances and~~	5738
~~discounts to member banks in effect at the federal reserve bank in~~	5739
required by section 5703.47 of the ~~second federal reserve district~~	5740
Revised Code.	5741

(E) The attorney general and the chief officer of the agency	5742
reporting a claim, acting together, may do ~~either or both~~any of	5743
the following if such action is in the best interests of the	5744
state:	5745

(1) Compromise the claim;

5746

(2) Extend for a reasonable period the time for payment of	5747
the claim by agreeing to accept monthly or other periodic	5748
payments. The agreement may require security for payment of the	5749
claim.	5750

(3) Add fees to recover the cost of processing checks or	5751
other draft instruments returned for insufficient funds and the	5752
cost of providing electronic payment options.	5753

Sec. 131.23. The various political subdivisions of this	5754
state may issue bonds, and any indebtedness created by such	5755
issuance shall not be subject to the limitations or included in	5756
the calculation of indebtedness prescribed by sections 133.05,	5757
133.06, 133.07, and 133.09 of the Revised Code, but such bonds may	5758
be issued only under the following conditions:	5759

(A) The subdivision desiring to issue such bonds shall obtain	5760
from the county auditor a certificate showing the total amount of	5761
delinquent taxes due and unpayable to such subdivision at the last	5762
semiannual tax settlement.	5763

(B) The fiscal officer of that subdivision shall prepare a	5764
statement, from the books of the subdivision, verified by ~~him~~the	5765
fiscal officer under oath, which shall contain the following facts	5766
of such subdivision:	5767

(1) The total bonded indebtedness;

5768

(2) The aggregate amount of notes payable or outstanding	5769
accounts of the subdivision, incurred prior to the commencement of	5770
the current fiscal year, which shall include all evidences of	5771
indebtedness issued by the subdivision except notes issued in	5772
anticipation of bond issues and the indebtedness of any	5773
nontax-supported public utility;	5774

(3) Except in the case of school districts, the aggregate	5775
current year's requirement for disability financial assistance and	5776
disability medical assistance provided under Chapter 5115. of the	5777
Revised Code that the subdivision is unable to finance except by	5778
the issue of bonds;	5779

(4) The indebtedness outstanding through the issuance of any	5780
bonds or notes pledged or obligated to be paid by any delinquent	5781
taxes;	5782

(5) The total of any other indebtedness;

5783

(6) The net amount of delinquent taxes unpledged to pay any	5784
bonds, notes, or certificates, including delinquent assessments on	5785
improvements on which the bonds have been paid;	5786

(7) The budget requirements for the fiscal year for bond and	5787
note retirement;	5788

(8) The estimated revenue for the fiscal year.

5789

(C) The certificate and statement provided for in divisions	5790
(A) and (B) of this section shall be forwarded to the tax	5791
commissioner together with a request for authority to issue bonds	5792
of such subdivision in an amount not to exceed seventy per cent of	5793
the net unobligated delinquent taxes and assessments due and owing	5794
to such subdivision, as set forth in division (B)(6) of this	5795
section.	5796

(D) No subdivision may issue bonds under this section in	5797
excess of a sufficient amount to pay the indebtedness of the	5798
subdivision as shown by division (B)(2) of this section and,	5799
except in the case of school districts, to provide funds for	5800
disability financial assistance and disability medical assistance,	5801
as shown by division (B)(3) of this section.	5802

(E) The tax commissioner shall grant to such subdivision	5803
authority requested by such subdivision as restricted by divisions	5804
(C) and (D) of this section and shall make a record of the	5805
certificate, statement, and grant in a record book devoted solely	5806
to such recording and which shall be open to inspection by the	5807
public.	5808

(F) The commissioner shall immediately upon issuing the	5809
authority provided in division (E) of this section notify the	5810
proper authority having charge of the retirement of bonds of such	5811
subdivision by forwarding a copy of such grant of authority and of	5812
the statement provided for in division (B) of this section.	5813

(G) Upon receipt of authority, the subdivision shall proceed	5814
according to law to issue the amount of bonds authorized by the	5815
commissioner, and authorized by the taxing authority, provided the	5816
taxing authority of that subdivision may by resolution submit to	5817
the electors of that subdivision the question of issuing such	5818
bonds. Such resolution shall make the declarations and statements	5819
required by section 133.18 of the Revised Code. The county auditor	5820
and taxing authority shall thereupon proceed as set forth in	5821
divisions (C) and (D) of such section. The election on the	5822
question of issuing such bonds shall be held under divisions (E),	5823
(F), and (G) of such section, except that publication of the	5824
notice of such election shall be made on four separate days prior	5825
to such election in one or more newspapers of general circulation	5826
in the subdivisions. Such bonds may be exchanged at their face	5827
value with creditors of the subdivision in liquidating the	5828
indebtedness described and enumerated in division (B)(2) of this	5829
section or may be sold as provided in Chapter 133. of the Revised	5830
Code, and in either event shall be uncontestable.	5831

(H) The per cent of delinquent taxes and assessments	5832
collected for and to the credit of the subdivision after the	5833
exchange or sale of bonds as certified by the commissioner shall	5834
be paid to the authority having charge of the sinking fund of the	5835
subdivision, which money shall be placed in a separate fund for	5836
the purpose of retiring the bonds so issued. The proper authority	5837
of the subdivisions shall provide for the levying of a tax	5838
sufficient in amount to pay the debt charges on all such bonds	5839
issued under this section.	5840

(I) This section is for the sole purpose of assisting the	5841
various subdivisions in paying their unsecured indebtedness, and	5842
providing funds for disability financial assistance and disability	5843
medical assistance. The bonds issued under authority of this	5844
section shall not be used for any other purpose and any exchange	5845
for other purposes, or the use of the money derived from the sale	5846
of such bonds by the subdivision for any other purpose, is	5847
misapplication of funds.	5848

(J) The bonds authorized by this section shall be redeemable	5849
or payable in not to exceed ten years from date of issue and shall	5850
not be subject to or considered in calculating the net	5851
indebtedness of the subdivision. The budget commission of the	5852
county in which the subdivision is located shall annually allocate	5853
such portion of the then delinquent levy due such subdivision	5854
which is unpledged for other purposes to the payment of debt	5855
charges on the bonds issued under authority of this section.	5856

(K) The issue of bonds under this section shall be governed	5857
by Chapter 133. of the Revised Code, respecting the terms used,	5858
forms, manner of sale, and redemption except as otherwise provided	5859
in this section.	5860

The board of county commissioners of any county may issue	5861
bonds authorized by this section and distribute the proceeds of	5862
such bond issues to any or all of the cities and townships of such	5863
counties, according to their relative needs for disability	5864
financial assistance and disability medical assistance as	5865
determined by such county.	5866

All sections of the Revised Code inconsistent with or	5867
prohibiting the exercise of the authority conferred by this	5868
section are inoperative respecting bonds issued under this	5869
section.	5870

Sec. 131.35. (A) With respect to the federal funds received	5871
into any fund of the state from which transfers may be made under	5872
division (D) of section 127.14 of the Revised Code:	5873

(1) No state agency may make expenditures of any federal	5874
funds, whether such funds are advanced prior to expenditure or as	5875
reimbursement, unless such expenditures are made pursuant to	5876
specific appropriations of the general assembly ~~identifying the~~	5877
~~federal program that is the source of funds, are authorized~~	5878
~~pursuant to section 131.38 of the Revised Code~~, are authorized by	5879
the controlling board pursuant to division (A)(5) of this section,	5880
or are authorized by an executive order issued in accordance with	5881
section 107.17 of the Revised Code, and until an allotment has	5882
been approved by the director of budget and management. All	5883
federal funds received by a state agency shall be reported to the	5884
director within fifteen days of the receipt of such funds or the	5885
notification of award, whichever occurs first. The director shall	5886
prescribe the forms and procedures to be used when reporting the	5887
receipt of federal funds.	5888

(2) If the federal funds received are greater than the amount	5889
of such funds appropriated by the general assembly for a specific	5890
purpose, the total appropriation of federal and state funds for	5891
such purpose shall remain at the amount designated by the general	5892
assembly, except that the expenditure of federal funds received in	5893
excess of such specific appropriation may be authorized by the	5894
controlling board.	5895

(3) To the extent that the expenditure of excess federal	5896
funds is authorized, the controlling board may transfer a like	5897
amount of general revenue fund appropriation authority from the	5898
affected agency to the emergency purposes appropriation of the	5899
controlling board, if such action is permitted under federal	5900
regulations.	5901

(4) Additional funds may be created by the controlling board	5902
to receive revenues not anticipated in an appropriations act for	5903
the biennium in which such new revenues are received. Expenditures	5904
from such additional funds may be authorized by the controlling	5905
board, but such authorization shall not extend beyond the end of	5906
the biennium in which such funds are created.	5907

(5) Controlling board authorization for a state agency to	5908
make an expenditure of federal funds constitutes authority for the	5909
agency to participate in the federal program providing the funds,	5910
and the agency is not required to obtain an executive order under	5911
section 107.17 of the Revised Code to participate in the federal	5912
program.	5913

(B) With respect to nonfederal funds received into the	5914
waterways safety fund, the wildlife fund, and any fund of the	5915
state from which transfers may be made under division (D) of	5916
section 127.14 of the Revised Code:	5917

(1) No state agency may make expenditures of any such funds	5918
unless the expenditures are made pursuant to specific	5919
appropriations of the general assembly.	5920

(2) If the receipts received into any fund are greater than	5921
the amount appropriated, the appropriation for that fund shall	5922
remain at the amount designated by the general assembly or as	5923
increased and approved by the controlling board.	5924

(3) Additional funds may be created by the controlling board	5925
to receive revenues not anticipated in an appropriations act for	5926
the biennium in which such new revenues are received. Expenditures	5927
from such additional funds may be authorized by the controlling	5928
board, but such authorization shall not extend beyond the end of	5929
the biennium in which such funds are created.	5930

(C) The controlling board shall not authorize more than ten	5931
per cent of additional spending from the occupational licensing	5932
and regulatory fund, created in section 4743.05 of the Revised	5933
Code, in excess of any appropriation made by the general assembly	5934
to a licensing agency except an appropriation for costs related to	5935
the examination or reexamination of applicants for a license. As	5936
used in this division, "licensing agency" and "license" have the	5937
same meanings as in section 4745.01 of the Revised Code.	5938

Sec. 145.38. (A) As used in this section and ~~section~~	5939
sections 145.381 and 145.384 of the Revised Code:	5940

(1) "PERS retirant" means a former member of the public	5941
employees retirement system who is receiving one of the following:	5942

(a) Age and service retirement benefits under section 145.32,	5943
145.33, 145.331, 145.34, or 145.46 of the Revised Code;	5944

(b) Age and service retirement benefits paid by the public	5945
employees retirement system under section 145.37 of the Revised	5946
Code;	5947

5948

(2) "Other system retirant" means both of the following:

5949

(a) A member or former member of the Ohio police and fire	5950
pension fund, state teachers retirement system, school employees	5951
retirement system, state highway patrol retirement system, or	5952
Cincinnati retirement system who is receiving age and service or	5953
commuted age and service retirement benefits or a disability	5954
benefit from a system of which the person is a member or former	5955
member;	5956

(b) A member or former member of the public employees	5957
retirement system who is receiving age and service retirement	5958
benefits or a disability benefit under section 145.37 of the	5959
Revised Code paid by the school employees retirement system or the	5960
state teachers retirement system.	5961

(B)(1) Subject to this section and section 145.381 of the	5962
Revised Code, a PERS retirant or other system retirant may be	5963
employed by a public employer. If so employed, the PERS retirant	5964
or other system retirant shall contribute to the public employees	5965
retirement system in accordance with section 145.47 of the Revised	5966
Code, and the employer shall make contributions in accordance with	5967
section 145.48 of the Revised Code.	5968

(2) A public employer that employs a PERS retirant or other	5969
system retirant, or enters into a contract for services as an	5970
independent contractor with a PERS retirant shall notify the	5971
retirement board of the employment or contract not later than the	5972
end of the month in which the employment or contract commences.	5973
Any overpayment of benefits to a PERS retirant by the retirement	5974
system resulting from delay or failure of the employer to give the	5975
notice shall be repaid to the retirement system by the employer.	5976

(3) On receipt of notice from a public employer that a person	5977
who is an other system retirant has been employed, the retirement	5978
system shall notify the retirement system of which the other	5979
system retirant was a member of such employment.	5980

(4)(a) A PERS retirant who has received a retirement	5981
allowance for less than two months when employment subject to this	5982
section commences shall forfeit the retirement allowance for any	5983
month the PERS retirant is employed prior to the expiration of the	5984
two-month period. Service and contributions for that period shall	5985
not be included in calculation of any benefits payable to the PERS	5986
retirant and those contributions shall be refunded on the	5987
retirant's death or termination of the employment.	5988

(b) An other system retirant who has received a retirement	5989
allowance or disability benefit for less than two months when	5990
employment subject to this section commences shall forfeit the	5991
retirement allowance or disability benefit for any month the other	5992
system retirant is employed prior to the expiration of the	5993
two-month period. Service and contributions for that period shall	5994
not be included in the calculation of any benefits payable to the	5995
other system retirant and those contributions shall be refunded on	5996
the retirant's death or termination of the employment.	5997

(c) Contributions made on compensation earned after the	5998
expiration of the two-month period shall be used in the	5999
calculation of the benefit or payment due under section 145.384 of	6000
the Revised Code.	6001

(5) On receipt of notice from the Ohio police and fire	6002
pension fund, school employees retirement system, or state	6003
teachers retirement system of the re-employment of a PERS	6004
retirant, the public employees retirement system shall not pay, or	6005
if paid, shall recover, the amount to be forfeited by the PERS	6006
retirant in accordance with section 742.26, 3307.35, or 3309.341	6007
of the Revised Code.	6008

(6) A PERS retirant who enters into a contract to provide	6009
services as an independent contractor to the employer by which the	6010
retirant was employed at the time of retirement or, less than two	6011
months after the retirement allowance commences, begins providing	6012
services as an independent contractor pursuant to a contract with	6013
another public employer, shall forfeit the pension portion of the	6014
retirement benefit for the period beginning the first day of the	6015
month following the month in which the services begin and ending	6016
on the first day of the month following the month in which the	6017
services end. The annuity portion of the retirement allowance	6018
shall be suspended on the day services under the contract begin	6019
and shall accumulate to the credit of the retirant to be paid in a	6020
single payment after services provided under the contract	6021
terminate. A PERS retirant subject to division (B)(6) of this	6022
section shall not contribute to the retirement system and shall	6023
not become a member of the system.	6024

(7) As used in this division, "employment" includes service	6025
for which a PERS retirant or other system retirant, the retirant's	6026
employer, or both, have waived any earnable salary for the	6027
service.	6028

(C)(1) Except as provided in division (C)(3) of this section,	6029
this division applies to both of the following:	6030

(a) A PERS retirant who, prior to September 14, 2000, was	6031
subject to division (C)(1)(b) of this section as that division	6032
existed immediately prior to September 14, 2000, and has not	6033
elected pursuant to Am. Sub. S.B. 144 of the 123rd general	6034
assembly to cease to be subject to that division;	6035

(b) A PERS retirant to whom both of the following apply:

6036

(i) The retirant held elective office in this state, or in	6037
any municipal corporation, county, or other political subdivision	6038
of this state at the time of retirement under this chapter.	6039

(ii) The retirant was elected or appointed to the same office	6040
for the remainder of the term or the term immediately following	6041
the term during which the retirement occurred.	6042

(2) A PERS retirant who is subject to this division is a	6043
member of the public employees retirement system with all the	6044
rights, privileges, and obligations of membership, except that the	6045
membership does not include survivor benefits provided pursuant to	6046
section 145.45 of the Revised Code or, beginning on the ninetieth	6047
day after September 14, 2000, any amount calculated under section	6048
145.401 of the Revised Code. The pension portion of the PERS	6049
retirant's retirement allowance shall be forfeited until the first	6050
day of the first month following termination of the employment.	6051
The annuity portion of the retirement allowance shall accumulate	6052
to the credit of the PERS retirant to be paid in a single payment	6053
after termination of the employment. The retirement allowance	6054
shall resume on the first day of the first month following	6055
termination of the employment. On termination of the employment,	6056
the PERS retirant shall elect to receive either a refund of the	6057
retirant's contributions to the retirement system during the	6058
period of employment subject to this section or a supplemental	6059
retirement allowance based on the retirant's contributions and	6060
service credit for that period of employment.	6061

(3) This division does not apply to any of the following:

6062

(a) A PERS retirant elected to office who, at the time of the	6063
election for the retirant's current term, was not retired but, not	6064
less than ninety days prior to the election for the term, filed a	6065
written declaration of intent to retire before the end of the term	6066
with the board of elections of the county in which petitions for	6067
nomination or election to the office were filed;	6068

(b) A PERS retirant elected to office who, at the time of the	6069
election for the retirant's current term, was a retirant and had	6070
been retired for not less than ninety days;	6071

(c) A PERS retirant appointed to office who, at the time of	6072
appointment to the retirant's current term, notified the person or	6073
entity making the appointment that the retirant was already	6074
retired or intended to retire before the end of the term.	6075

(D)(1) Except as provided in division (C) of this section, a	6076
PERS retirant or other system retirant subject to this section is	6077
not a member of the public employees retirement system, and,	6078
except as specified in this section does not have any of the	6079
rights, privileges, or obligations of membership. Except as	6080
specified in division (D)(2) of this section, the retirant is not	6081
eligible to receive health, medical, hospital, or surgical	6082
benefits under section 145.58 of the Revised Code for employment	6083
subject to this section.	6084

(2) A PERS retirant subject to this section shall receive	6085
primary health, medical, hospital, or surgical insurance coverage	6086
from the retirant's employer, if the employer provides coverage to	6087
other employees performing comparable work. Neither the employer	6088
nor the PERS retirant may waive the employer's coverage, except	6089
that the PERS retirant may waive the employer's coverage if the	6090
retirant has coverage comparable to that provided by the employer	6091
from a source other than the employer or the public employees	6092
retirement system. If a claim is made, the employer's coverage	6093
shall be the primary coverage and shall pay first. The benefits	6094
provided under section 145.58 of the Revised Code shall pay only	6095
those medical expenses not paid through the employer's coverage or	6096
coverage the PERS retirant receives through a source other than	6097
the retirement system.	6098

(E) If the disability benefit of an other system retirant	6099
employed under this section is terminated, the retirant shall	6100
become a member of the public employees retirement system,	6101
effective on the first day of the month next following the	6102
termination with all the rights, privileges, and obligations of	6103
membership. If such person, after the termination of the	6104
disability benefit, earns two years of service credit under this	6105
system or under the Ohio police and fire pension fund, state	6106
teachers retirement system, school employees retirement system, or	6107
state highway patrol retirement system, the person's prior	6108
contributions as an other system retirant under this section shall	6109
be included in the person's total service credit as a public	6110
employees retirement system member, and the person shall forfeit	6111
all rights and benefits of this section. Not more than one year of	6112
credit may be given for any period of twelve months.	6113

(F) This section does not affect the receipt of benefits by	6114
or eligibility for benefits of any person who on August 20, 1976,	6115
was receiving a disability benefit or service retirement pension	6116
or allowance from a state or municipal retirement system in Ohio	6117
and was a member of any other state or municipal retirement system	6118
of this state.	6119

(G) The public employees retirement board may adopt rules to	6120
carry out this section.	6121

Sec. 145.381. (A) Except as provided in division (B) of this	6122
section, no person who is, or at the time of employment will be, a	6123
PERS retirant may be employed by a public employer or provide	6124
service as an independent contractor to a public employer unless	6125
the public employer does both of the following in accordance with	6126
rules adopted under division (F) of this section:	6127

(1) Not less than sixty days before the employment or service	6128
is to begin, makes public the fact that the person is or will be	6129
retired and is seeking employment with the public employer or to	6130
provide service as an independent contractor to the public	6131
employer;	6132

(2) Between fifteen and thirty days before the employment or	6133
service is to begin and after complying with division (A)(1) of	6134
this section, holds a public meeting on the issue of the person	6135
being employed by or providing services as an independent	6136
contractor to the public employer.	6137

(B) A person is not subject to division (A) of this section	6138
if the employment involved is an elective office of this state or	6139
any municipal corporation, county, or other political subdivision	6140
of this state.	6141

(C) A PERS retirant who is employed by or provides services	6142
as an independent contractor to a public employer that has not	6143
complied with division (A) of this section shall forfeit the	6144
pension portion of the retirement benefit for the period beginning	6145
the first day of the month following the month in which the	6146
employment or service begins and ending on the first day of the	6147
month following the month in which the employment or service ends.	6148
The annuity portion of the retirement allowance shall be suspended	6149
beginning the first day of the month following the month in which	6150
the employment or service begins and shall accumulate to the	6151
credit of the PERS retirant to be paid in a single payment after	6152
employment or service terminates.	6153

(D) A public employer shall repay the public employees	6154
retirement system for the payment of any benefit that the	6155
retirement system makes to a PERS retirant who should not receive	6156
the payment because of a penalty imposed under this section unless	6157
the public employer notifies the retirement system before the	6158
payment is made that the payment should not be made because of a	6159
violation of division (A) of this section.	6160

(E) The operation of this section does not affect the	6161
operation of section 145.38 of the Revised Code. If a PERS	6162
retirant is subject to a penalty under this section and division	6163
(B)(4)(a) of section 145.38 of the Revised Code, the penalty under	6164
this section shall begin the month that follows the month the	6165
penalty under division (B)(4)(a) of section 145.38 of the Revised	6166
Code ends. If a PERS retirant is subject to a penalty under this	6167
section and division (B)(6) of section 145.38 of the Revised Code,	6168
the penalty under division (B)(6) of section 145.38 supersedes the	6169
penalty under this section.	6170

(F) The public employees retirement board shall adopt rules	6171
as necessary to implement this section.	6172

Sec. 147.01. (A) The secretary of state may appoint and	6173
commission as notaries public as many persons who meet the	6174
qualifications of division (B) of this section as the secretary of	6175
state considers necessary.	6176

(B) In order for a person to qualify to be appointed and	6177
commissioned as a notary public, the person must satisfy both of	6178
the following:	6179

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

6180

(2) One of the following applies:

6181

(a) The person is a ~~citizen~~legal resident of this state who	6182
is not an attorney admitted to the practice of law in this state	6183
by the Ohio supreme court.	6184

(b) The person is a ~~citizen~~legal resident of this state who	6185
is an attorney admitted to the practice of law in this state by	6186
the Ohio supreme court.	6187

(c) The person is not a ~~citizen~~legal resident of this state,	6188
is an attorney admitted to the practice of law in this state by	6189
the Ohio supreme court, and has the person's principal place of	6190
business or the person's primary practice in this state.	6191

(C) A notary public shall be appointed and commissioned as a	6192
notary public for the state. The secretary of state may revoke a	6193
commission issued to a notary public upon presentation of	6194
satisfactory evidence of official misconduct or incapacity.	6195

Sec. 147.37. Each person receiving a commission as notary	6196
public, ~~except~~including an attorney admitted to the practice of	6197
law in this state by the Ohio supreme court, shall pay a fee of	6198
~~five~~fifteen dollars to the secretary of state. ~~Each person~~	6199
~~receiving a commission as a notary public who is an attorney~~	6200
~~admitted to the practice of law in this state by the Ohio supreme~~	6201
~~court shall pay a fee of ten dollars to the secretary of state.~~	6202

Sec. 149.011. As used in this chapter:

6203

(A) "Public office" includes any state agency, public	6204
institution, political subdivision, or ~~any~~ other organized body,	6205
office, agency, institution, or entity established by the laws of	6206
this state for the exercise of any function of government.	6207

(B) "State agency" includes every department, bureau, board,	6208
commission, office, or other organized body established by the	6209
constitution and laws of this state for the exercise of any	6210
function of state government, including any state-supported	6211
institution of higher education, the general assembly, or any	6212
legislative agency, any court or judicial agency, or any political	6213
subdivision or agency ~~thereof~~of a political subdivision.	6214

(C) "Public money" includes all money received or collected	6215
by or due a public official, whether in accordance with or under	6216
authority of any law, ordinance, resolution, or order, under color	6217
of office, or otherwise. It also includes any money collected by	6218
any individual on behalf of a public office or as a purported	6219
representative or agent of the public office.	6220

(D) "Public official" includes all officers, employees, or	6221
duly authorized representatives or agents of a public office.	6222

(E) "Color of office" includes any act purported or alleged	6223
to be done under any law, ordinance, resolution, order, or other	6224
pretension to official right, power, or authority.	6225

(F) "Archive" includes any public record that is transferred	6226
to the state archives or other designated archival institutions	6227
because of the historical information contained on it.	6228

(G) "Records" includes any document, device, or item,	6229
regardless of physical form or characteristic, including an	6230
electronic record as defined in section 1306.01 of the Revised	6231
Code, created or received by or coming under the jurisdiction of	6232
any public office of the state or its political subdivisions,	6233
which serves to document the organization, functions, policies,	6234
decisions, procedures, operations, or other activities of the	6235
office.	6236

Sec. 149.30. The Ohio historical society, chartered by this	6237
state as a corporation not for profit to promote a knowledge of	6238
history and archaeology, especially of Ohio, and operated	6239
continuously in the public interest since 1885, may perform public	6240
functions as prescribed by law.	6241

The general assembly may appropriate money to the Ohio	6242
historical society each biennium to carry out the public functions	6243
of the society as enumerated in this section. An appropriation by	6244
the general assembly to the society constitutes an offer to	6245
contract with the society to carry out those public functions for	6246
which appropriations are made. An acceptance by the society of the	6247
appropriated funds constitutes an acceptance by the society of the	6248
offer and is considered an agreement by the society to perform	6249
those functions in accordance with the terms of the appropriation	6250
and the law and to expend the funds only for the purposes for	6251
which appropriated. The governor may request on behalf of the	6252
society, and the controlling board may release, additional funds	6253
to the society for survey, salvage, repair, or rehabilitation of	6254
an emergency nature for which funds have not been appropriated,	6255
and acceptance by the society of those funds constitutes an	6256
agreement on the part of the society to expend those funds only	6257
for the purpose for which released by the controlling board.	6258

The society shall faithfully expend and apply all moneys	6259
received from the state to the uses and purposes directed by law	6260
and for necessary administrative expenses. The society shall	6261
perform the public function of sending notice by certified mail to	6262
the owner of any property at the time it is listed on the national	6263
register of historic places. The society shall accurately record	6264
all expenditures of such funds in conformity with generally	6265
accepted accounting principles.	6266

The auditor of state shall audit all funds and fiscal records	6267
of the society.	6268

The public functions to be performed by the Ohio historical	6269
society shall include all of the following:	6270

(A) Creating, supervising, operating, protecting,	6271
maintaining, and promoting for public use a system of state	6272
memorials, titles to which may reside wholly or in part with this	6273
state or wholly or in part with the society as provided in and in	6274
conformity to appropriate acts and resolves of the general	6275
assembly, and leasing for renewable periods of two years or less,	6276
with the advice and consent of the attorney general and the	6277
director of administrative services, lands and buildings owned by	6278
the state which are in the care, custody, and control of the	6279
society, all of which shall be maintained and kept for public use	6280
at reasonable hours;	6281

(B) Making alterations and improvements, marking, and	6282
constructing, reconstructing, protecting, or restoring structures,	6283
earthworks, and monuments in its care, and equipping such	6284
facilities with appropriate educational maintenance facilities;	6285

(C) Serving as the archives administration for the state and	6286
its political subdivisions as provided in sections 149.31 to	6287
149.42 of the Revised Code;	6288

(D) Administering a state historical museum, to be the	6289
headquarters of the society and its principal museum and library,	6290
which shall be maintained and kept for public use at reasonable	6291
hours;	6292

(E) Establishing a marking system to identify all designated	6293
historic and archaeological sites within the state and marking or	6294
causing to be marked historic sites and communities considered by	6295
the society to be historically or archaeologically significant;	6296

(F) Publishing books, pamphlets, periodicals, and other	6297
publications about history, archaeology, and natural science and	6298
~~supplying~~offering one copy of each regular periodical issue to	6299
all public libraries in this state ~~without charge~~at a reasonable	6300
price, which shall not exceed one hundred ten per cent more than	6301
the total cost of publication;	6302

(G) Engaging in research in history, archaeology, and natural	6303
science and providing historical information upon request to all	6304
state agencies;	6305

(H) Collecting, preserving, and making available by all	6306
appropriate means and under approved safeguards all manuscript,	6307
print, or near-print library collections and all historical	6308
objects, specimens, and artifacts which pertain to the history of	6309
Ohio and its people, including the following original documents:	6310
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed	6311
Ohio Constitution of 1875; design and the letters of patent and	6312
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R.	6313
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883);	6314
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28	6315
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904);	6316
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition	6317
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40	6318
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933);	6319
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936);	6320
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6	6321
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48	6322
(1947);	6323

(I) Encouraging and promoting the organization and	6324
development of county and local historical societies;	6325

(J) Providing to Ohio schools ~~with~~ such materials ~~at cost or~~	6326
~~near cost~~ as the society may prepare to facilitate the instruction	6327
of Ohio history at a reasonable price, which shall not exceed one	6328
hundred ten per cent more than the total cost of preparation and	6329
delivery;	6330

(K) Providing advisory and technical assistance to local	6331
societies for the preservation and restoration of historic and	6332
archaeological sites;	6333

(L) Devising uniform criteria for the designation of historic	6334
and archaeological sites throughout the state and advising local	6335
historical societies of the criteria and their application;	6336

(M) Taking inventory, in cooperation with the Ohio arts	6337
council, the Ohio archaeological council, and the archaeological	6338
society of Ohio, of significant designated and undesignated state	6339
and local sites and keeping an active registry of all designated	6340
sites within the state;	6341

(N) Contracting with the owners or persons having an interest	6342
in designated historic or archaeological sites or property	6343
adjacent or contiguous to those sites, or acquiring, by purchase,	6344
gift, or devise, easements in those sites or in property adjacent	6345
or contiguous to those sites, in order to control or restrict the	6346
use of those historic or archaeological sites or adjacent or	6347
contiguous property for the purpose of restoring or preserving the	6348
historical or archaeological significance or educational value of	6349
those sites;	6350

(O) Constructing a monument honoring Governor James A.	6351
Rhodes, which shall stand on the northeast quadrant of the grounds	6352
surrounding the capitol building. The monument shall be	6353
constructed with private funds donated to the Ohio historical	6354
society and designated for this purpose. No public funds shall be	6355
expended to construct this monument. The department of	6356
administrative services shall cooperate with the Ohio historical	6357
society in carrying out this function and shall maintain the	6358
monument in a manner compatible with the grounds of the capitol	6359
building.	6360

(P) Commissioning a portrait of each departing governor,	6361
which shall be displayed in the capitol building. The Ohio	6362
historical society may accept private contributions designated for	6363
this purpose and, at the discretion of its board of trustees, also	6364
may apply for the same purpose funds appropriated by the general	6365
assembly to the society pursuant to this section.	6366

(Q) Planning and developing a center at the capitol building	6367
for the purpose of educating visitors about the history of Ohio,	6368
including its political, economic, and social development and the	6369
design and erection of the capitol building and its grounds. The	6370
Ohio historical society may accept contributions of private moneys	6371
and in-kind services designated for this purpose and may, at the	6372
discretion of its board of trustees, also apply, for the same	6373
purpose, personnel and other resources paid in whole or in part by	6374
its state subsidy.	6375

(R) Submitting an annual report of its activities, programs,	6376
and operations to the governor within two months after the close	6377
of each fiscal year of the state.	6378

The society shall not sell, mortgage, transfer, or dispose of	6379
historical or archaeological sites to which it has title and in	6380
which the state has monetary interest except by action of the	6381
general assembly.	6382

In consideration of the public functions performed by the	6383
Ohio historical society for the state, employees of the society	6384
shall be considered public employees within the meaning of section	6385
145.01 of the Revised Code.	6386

Sec. 149.31. (A) The Ohio historical society, in addition to	6387
its other functions, shall function as the state archives	6388
administration for the state and its political subdivisions.	6389

It shall be the function of the state archives to preserve	6390
government archives, documents, and records of historical value	6391
~~which~~that may come into its possession from public or private	6392
sources.	6393

The archives administration shall evaluate, preserve,	6394
arrange, service repair, or make other disposition, such as	6395
transfer to public libraries, county historical societies, state	6396
universities, or other public or quasi-public institutions,	6397
agencies, or corporations, of those public records of the state	6398
and its political subdivisions ~~which~~that may come into its	6399
possession under ~~the provisions of~~ this section. Such public	6400
records shall be transferred by written agreement only, and only	6401
to public or quasi-public institutions, agencies, or corporations	6402
capable of meeting accepted archival standards for housing and	6403
use.	6404

The archives administration shall be headed by a trained	6405
archivist designated by the Ohio historical society, and shall	6406
make its services available to county, city, township, and ~~school~~	6407
school district records commissions upon request. The archivist	6408
shall be designated as the "state archivist."	6409

(B) The archives administration ~~of the Ohio historical~~	6410
~~society~~ may purchase or procure for itself, or authorize the board	6411
of trustees of an archival institution to purchase or procure from	6412
an insurance company licensed to do business in this state	6413
policies of insurance insuring the administration or the members	6414
of the board and their officers, employees, and agents against	6415
liability on account of damage or injury to persons and property	6416
resulting from any act or omission of the board members, officers,	6417
employees, and agents in their official capacity.	6418

(C) Notwithstanding any other provision of the Revised Code	6419
to the contrary, the archives administration may establish a fee	6420
schedule, which may include the cost of labor, for researching,	6421
retrieving, copying, and mailing copies of public records in the	6422
state archives. Revisions to the fee schedule shall be subject to	6423
approval by the board of trustees of the Ohio historical society.	6424

Sec. 149.33. (A) The department of administrative services	6425
shall have ~~full~~ responsibility for establishing and administering	6426
a state records program for all state agencies, except for	6427
state-supported institutions of higher education. The department	6428
shall apply efficient and economical management methods to the	6429
creation, utilization, maintenance, retention, preservation, and	6430
disposition of state records.	6431

There is hereby established within the department of	6432
administrative services ~~an office of~~a state records	6433
~~administration~~program, which shall be under the control and	6434
supervision of the director of administrative services or ~~his~~the	6435
director's appointed deputy. ~~The director shall designate an~~	6436
~~administrator of the office of state records administration.~~	6437

(B) The boards of trustees of state-supported institutions of	6438
higher education shall have full responsibility for establishing	6439
and administering a records program for their respective	6440
institutions. The boards shall apply efficient and economical	6441
management methods to the creation, utilization, maintenance,	6442
retention, preservation, and disposition of the records of their	6443
respective institutions.	6444

Sec. 149.331. The state ~~record administration~~records	6445
program of the department of administrative services shall do all	6446
of the following:	6447

(A) Establish and promulgate in consultation with the state	6448
archivist standards, procedures, and techniques for the effective	6449
management of state records;	6450

(B) ~~Make continuing surveys of record-keeping operations and~~	6451
~~recommend improvements in current records management practices~~	6452
~~including the use of space, equipment, and supplies employed in~~	6453
~~creating, maintaining, storing, and servicing records;~~	6454

~~(C) Establish and operate such state records centers and~~	6455
~~auxiliary facilities as may be authorized by appropriation and~~	6456
~~provide such related services as are deemed necessary for the~~	6457
~~preservation, screening, storage, and servicing of state records~~	6458
~~pending disposition;~~	6459

~~(D)~~ Review applications for one-time records disposal and	6460
schedules of records retention and destruction submitted by state	6461
agencies in accordance with section 149.333 of the Revised Code;	6462

~~(E)~~(C) Establish "general schedules" proposing the disposal,	6463
after the lapse of specified periods of time, of records of	6464
specified form or character common to several or all agencies that	6465
either have accumulated or may accumulate in such agencies and	6466
that apparently will not, after the lapse of the periods	6467
specified, have sufficient administrative, legal, fiscal, or other	6468
value to warrant their further preservation by the state;	6469

~~(F)~~(D) Establish and maintain a records management training	6470
program, and provide a basic consulting service, for personnel	6471
involved in record-making and record-keeping functions of	6472
departments, offices, and institutions;	6473

~~(G) Obtain reports from departments, offices, and~~	6474
~~institutions necessary for the effective administration of the~~	6475
~~program;~~	6476

~~(H)~~(E) Provide for the disposition of any remaining records	6477
of any state agency, board, or commission, whether in the	6478
executive, judicial, or legislative branch of government, that has	6479
terminated its operations. After the closing of the Ohio veterans'	6480
children's home, the resident records of the home and the resident	6481
records of the home when it was known as the soldiers' and	6482
sailors' orphans' home required to be maintained by approved	6483
records retention schedules shall be administered by the state	6484
department of education pursuant to this chapter, the	6485
administrative records of the home required to be maintained by	6486
approved records retention schedules shall be administered by the	6487
department of administrative services pursuant to this chapter,	6488
and historical records of the home shall be transferred to an	6489
appropriate archival institution in this state prescribed by the	6490
state ~~record administration~~records program.	6491

~~(I)~~(F) Establish a centralized program coordinating	6492
micrographics standards, training, and services for the benefit of	6493
all state agencies;	6494

~~(J)~~(G) Establish and publish in accordance with the	6495
applicable law necessary procedures and rules for the retention	6496
and disposal of state records.	6497

This section does not apply to the records of state-supported	6498
institutions of higher education, which shall keep their own	6499
records.	6500

Sec. 149.332. Upon request the ~~state records administrator~~	6501
director of administrative services and the state archivist shall	6502
assist and advise in the establishment of records management	6503
programs in the legislative and judicial branches of state	6504
government and shall, as required by them, provide program	6505
services similar to those available to the executive branch	6506
~~pursuant to~~under section 149.33 of the Revised Code. Prior to the	6507
disposal of any records, the state archivist shall be allowed	6508
sixty days to select for preservation in the state archives those	6509
records hethe state archivist determines to have continuing	6510
historical value.	6511

Sec. 149.333. No state agency shall retain, destroy, or	6512
otherwise transfer its state records in violation of this section.	6513
This section does not apply to state-supported institutions of	6514
higher education.	6515

Each state agency shall submit to the state records	6516
~~administrator~~program under the director of administrative	6517
services all applications for records disposal or transfer and all	6518
schedules of records retention and destruction. The state records	6519
~~administrator~~program shall review ~~such~~the applications and	6520
schedules and provide written approval, rejection, or modification	6521
of ~~the~~an application or schedule. The state records ~~administrator~~	6522
program shall then forward the application for records disposal or	6523
transfer or the schedule for retention or destruction, with the	6524
~~administrator's~~program's recommendation attached, to the auditor	6525
of state for review and approval. The decision of the auditor of	6526
state to approve, reject, or modify the ~~applications~~application	6527
or ~~schedules~~schedule shall be based upon the continuing	6528
administrative and fiscal value of the state records to the state	6529
or to its citizens. If the auditor of state disapproves the action	6530
by the state agency, hethe auditor of state shall so inform the	6531
state agency through the state records ~~administrator~~program	6532
within sixty days, and ~~these~~the records shall not be destroyed.	6533
At	6534

At the same time, the state records ~~administrator~~program	6535
shall forward the application for records disposal or transfer or	6536
the schedule for retention or destruction to the state archivist	6537
for review and approval. The state archivist shall have sixty days	6538
to select for custody ~~such~~the state records ~~as he~~ that the state	6539
archivist determines to be of continuing historical value. Records	6540
not so selected shall be disposed of in accordance with this	6541
section.	6542

Sec. 149.34. The head of each state agency, office,	6543
institution, board, or commission shall do the following:	6544

(A) Establish, maintain, and direct an active continuing	6545
program for the effective management of the records of the state	6546
agency;	6547

(B) ~~Cooperate with the state records administrator in the~~	6548
~~conduct of surveys pursuant to section 149.331 of the Revised~~	6549
~~Code;~~	6550

~~(C)~~ Submit to the state records ~~administrator~~program, in	6551
accordance with applicable standards and procedures, schedules	6552
proposing the length of time each record series warrants retention	6553
for administrative, legal, or fiscal purposes after it has been	6554
received or created by the agency. The head ~~of each state agency~~	6555
also shall submit to the state records ~~administrator~~program	6556
applications for disposal of records in ~~his~~the head's custody	6557
that are not needed in the transaction of current business and are	6558
not otherwise scheduled for retention or destruction.	6559

~~(D) Transfer to a state records center or auxiliary~~	6560
~~facilities, in the manner prescribed by the state records~~	6561
~~administrator, those records of the agency that can be retained~~	6562
~~more efficiently and economically in such a center;~~	6563

~~(E)~~(C) Within one year after their date of creation or	6564
receipt, schedule all records for disposition or retention in the	6565
manner prescribed by applicable law and procedures.	6566

This section does not apply to state-supported institutions	6567
of higher education.	6568

Sec. 149.35. If any law prohibits the destruction of	6569
records, ~~neither~~ the ~~state records administrator nor~~director of	6570
administrative services, the director's designee, or the boards of	6571
trustees of state-supported institutions of higher education shall	6572
not order their destruction or other disposition~~, and, if~~. If any	6573
law provides that records shall be kept for a specified period of	6574
time, ~~neither~~ the ~~administrator nor~~director of administrative	6575
services, the director's designee, or the boards shall not order	6576
their destruction or other disposition prior to the expiration of	6577
~~such~~that period.	6578

Sec. 153.65. As used in sections 153.65 to 153.71 of the	6579
Revised Code:	6580

(A) "Public authority" means the state, or a county,	6581
township, municipal corporation, school district, or other	6582
political subdivision, or any public agency, authority, board,	6583
commission, instrumentality, or special district of the state or a	6584
county, township, municipal corporation, school district, or other	6585
political subdivision.	6586

(B) "Professional design firm" means any person legally	6587
engaged in rendering professional design services.	6588

(C) "Professional design services" means services within the	6589
scope of practice of an architect or landscape architect	6590
registered under Chapter 4703. of the Revised Code or a	6591
professional engineer or surveyor registered under Chapter 4733.	6592
of the Revised Code.	6593

(D) "Qualifications" means all of the following:

6594

(1) Competence of the professional design firm to perform the	6595
required professional design services as indicated by the	6596
technical training, education, and experience of the firm's	6597
personnel, especially the technical training, education, and	6598
experience of the employees within the firm who would be assigned	6599
to perform the services;	6600

(2) Ability of the firm in terms of its workload and the	6601
availability of qualified personnel, equipment, and facilities to	6602
perform the required professional design services competently and	6603
expeditiously;	6604

(3) Past performance of the firm as reflected by the	6605
evaluations of previous clients with respect to such factors as	6606
control of costs, quality of work, and meeting of deadlines;	6607

(4) ~~Other similar~~Any other relevant factors as determined by	6608
the director of administrative services.	6609

Sec. 164.27. (A) The clean Ohio conservation fund is hereby	6610
created in the state treasury. Seventy-five per cent of the net	6611
proceeds of obligations issued and sold by the issuing authority	6612
pursuant to sections 151.01 and 151.09 of the Revised Code shall	6613
be deposited into the fund. Investment earnings of the fund shall	6614
be credited to the fund~~. For two years after the effective date of~~	6615
~~this section, investment earnings credited to the fund~~and may be	6616
used to pay costs incurred by the Ohio public works commission in	6617
administering sections 164.20 to 164.27 of the Revised Code.	6618
Moneys in the clean Ohio conservation fund shall be used to make	6619
grants to local political subdivisions and nonprofit organizations	6620
for projects that have been approved for grants under sections	6621
164.20 to 164.27 of the Revised Code.	6622

The clean Ohio conservation fund shall be administered by the	6623
Ohio public works commission.	6624

(B) For the purpose of grants issued under sections 164.20 to	6625
164.27 of the Revised Code, moneys shall be allocated on an annual	6626
basis from the clean Ohio conservation fund to districts	6627
represented by natural resources assistance councils as follows:	6628

(1) Each district shall receive an amount that is equal to	6629
one-fourth of one per cent of the total annual amount allocated to	6630
all districts each year for each county that is represented by the	6631
district.	6632

(2) The remaining moneys shall be allocated to each district	6633
annually on a per capita basis.	6634

(C) A grant that is awarded under sections 164.20 to 164.27	6635
of the Revised Code may provide up to seventy-five per cent of the	6636
estimated cost of a project. Matching funds from a grant recipient	6637
may consist of contributions of money by any person, any local	6638
political subdivision, or the federal government or of	6639
contributions in-kind by such entities through the purchase or	6640
donation of equipment, land, easements, interest in land, labor,	6641
or materials necessary to complete the project.	6642

(D) The director of the Ohio public works commission shall	6643
notify the director of budget and management of the amounts	6644
allocated pursuant to this section, and that information shall be	6645
entered in the state accounting system. The director of budget and	6646
management may establish appropriate line items or other	6647
mechanisms that are needed to track the allocations.	6648

(E) Grants awarded under sections 164.20 to 164.27 of the	6649
Revised Code from the clean Ohio conservation fund shall be used	6650
by a local political subdivision or nonprofit organization only to	6651
pay the costs related to the purposes for which grants may be	6652
issued under section 164.22 of the Revised Code and shall not be	6653
used by a local political subdivision or nonprofit organization to	6654
pay any administrative costs incurred by the local political	6655
subdivision or nonprofit organization.	6656

Sec. 165.09. Any real or personal property, or both, of an	6657
issuer ~~which~~that is acquired, constructed, reconstructed,	6658
enlarged, improved, furnished or equipped, or any combination	6659
thereof, and leased or subleased under authority of either Chapter	6660
165. or 761. of the Revised Code shall be subject to ad valorem,	6661
sales, use, and franchise taxes and to zoning, planning, and	6662
building regulations and fees, to the same extent and in the same	6663
manner as if the lessee-user or sublessee-user thereof, rather	6664
than the issuer, had acquired, constructed, reconstructed,	6665
enlarged, improved, furnished, or equipped, or any combination	6666
thereof, such real or personal property, and title thereto was in	6667
the name of such lessee-user or sublessee-user.	6668

The transfer of tangible personal property by lease or	6669
sublease under authority of either Chapter 165. or 761. of the	6670
Revised Code is not a sale as used in Chapter 5739. of the Revised	6671
Code. The exemptions provided in divisions (B)(1) and (B)~~(14)~~(13)	6672
of section 5739.02 of the Revised Code shall not be applicable to	6673
purchases for a project under either Chapters 165. or 761. of the	6674
Revised Code.	6675

An issuer shall be exempt from all taxes on its real or	6676
personal property, or both, which has been acquired, constructed,	6677
reconstructed, enlarged, improved, furnished, or equipped, or any	6678
combination thereof, under Chapter 165. or 761. of the Revised	6679
Code, so long as such property is used by the issuer for purposes	6680
which would otherwise exempt such property; has ceased to be used	6681
by a former lessee-user or sublessee-user and is not occupied or	6682
used; or has been acquired by the issuer, but development has not	6683
yet commenced. The exemption shall be effective as of the date the	6684
exempt use begins. All taxes on the exempt real or personal	6685
property for the year should be prorated and the taxes for the	6686
exempt portion of the year shall be remitted by the county	6687
auditor.	6688

Sec. 173.06. (A) The director of aging shall establish a	6689
golden buckeye card program and provide a golden buckeye card to	6690
any resident of this state who applies to the director for a card	6691
and ~~who~~ is sixty years of age or older or ~~disabled~~is a person	6692
with a disability and is eighteen years of age or older. The	6693
director shall devise programs to provide benefits of any kind to	6694
card holders, and encourage support and participation in them by	6695
all persons, including governmental organizations. Card holders	6696
shall be entitled to any benefits granted to them by private	6697
persons or organizations, the laws of this state, or ordinances or	6698
resolutions of political subdivisions. This section does not	6699
require any person or organization to provide benefits to any card	6700
holder. The department of aging shall bear all costs of the	6701
program, except that the department is not required to bear any	6702
costs related to the prescription drug ~~discount~~ programs	6703
established pursuant to section 173.061 of the Revised Code.	6704

(B) Before issuing a golden buckeye card to any person, the	6705
director shall establish the identity of any person who applies	6706
for a card and shall ascertain that such person is sixty years of	6707
age or older or ~~disabled~~is a person with a disability and is	6708
eighteen years of age or older. The director shall adopt rules	6709
under Chapter 119. of the Revised Code to prevent the issuance of	6710
cards to persons not qualified to have them. Cards shall contain	6711
the signature of the card holder and any other information the	6712
director considers necessary to carry out the purposes of the	6713
golden buckeye card program under this section. Any card that the	6714
director issues shall be held in perpetuity by the original card	6715
holder and shall not be transferable to any other person. A person	6716
who loses the person's card may obtain another card from the	6717
director upon providing the same information to the director as	6718
was required for the issuance of the original card.	6719

(C) No person shall use a golden buckeye card except to	6720
obtain a benefit for the holder of the card to which the holder is	6721
entitled under the conditions of the offer.	6722

(D) As used in this section, "~~disabled~~ person with a	6723
disability" means a person who has some impairment of body or mind	6724
~~that makes the person unfit to work at any substantially~~	6725
~~remunerative employment that the person is substantially able to~~	6726
~~perform and that will, with reasonable probability, continue for a~~	6727
~~period of at least twelve months without any present indication of~~	6728
~~recovery therefrom, or who~~and has been certified as permanently	6729
and totally disabled by an agency of this state or the United	6730
States having the function of so classifying persons.	6731

Sec. 173.061. (A) As used in this section:

6732

(1) "Prescription drug" means a drug that may not be	6733
dispensed without a prescription from a licensed health	6734
professional authorized to prescribe drugs.	6735

(2) "Drug," "licensed health professional authorized to	6736
prescribe drugs," "pharmacy," and "prescription" have the same	6737
meanings as in section 4729.01 of the Revised Code.	6738

(3) "~~Disabled person~~Person with a disability" has the same	6739
meaning as in section 173.06 of the Revised Code.	6740

(4) "Drug discount" means a reimbursement of a certain	6741
portion of the wholesale price of a drug to the administrator of a	6742
prescription drug program for funds accrued or paid in connection	6743
with a reduction in cost of the drug by the manufacturer to the	6744
prescription drug program cardholder pursuant to an agreement	6745
between the manufacturer and the administrator and in	6746
consideration of the administrator's agreement to return one	6747
hundred per cent of the non-negotiated discounts to the cardholder	6748
at the point of sale. A discount is not tied to and does not vary	6749
based on market share performance.	6750

(5) "Rebate" means a refund of a certain portion of the	6751
wholesale price of a drug to the administrator of a prescription	6752
drug program based on a negotiated agreement between the	6753
manufacturer and the administrator and in consideration of market	6754
share performance or continued access or availability of the drug	6755
under the administrator's prescription drug program.	6756

(B) The director of aging shall establish one or more	6757
prescription drug ~~discount card~~ programs that enable cardholders	6758
to receive ~~discounts~~reduced prices on prescription drugs	6759
dispensed at participating pharmacies. A card shall be provided to	6760
any resident of this state who applies in accordance with rules	6761
adopted by the director pursuant to division (F) of this section	6762
and is sixty years of age or older or is a ~~disabled~~ person with a	6763
disability.	6764

If the director establishes more than one prescription drug	6765
~~discount card~~ program under this section, an eligible resident may	6766
participate in one or more or all of the programs.	6767

(C)(1) The director shall solicit and accept proposals from	6768
entities separate from the department of aging to provide for	6769
administration of a program or programs in accordance with rules	6770
adopted under division (F) of this section. Proposals must be	6771
submitted not later than a date established by the director. The	6772
director shall accept only those proposals that specify all of the	6773
following:	6774

(a) The estimated amount of the ~~discount~~reduced prices on	6775
prescription drugs based on the entity's previous experience and	6776
how the ~~discount~~reduction is to be achieved;	6777

(b) To the extent that ~~discounts on prescription drugs are to~~	6778
~~be achieved through rebates or discounts in prices that the~~an	6779
entity negotiates rebates with drug manufacturers, the proportion	6780
of the rebates ~~or discounts~~ to be used to do ~~all~~any of the	6781
following:	6782

(i) Reduce any costs to cardholders;

6783

(ii) ~~Achieve discounts for cardholders;~~

6784

~~(iii)~~ Cover costs for administering the program;

6785

(iii) Offer any other benefits to cardholders.

6786

6787

(d) If fees are permitted, the fee, if any, to cardholders	6788
for participation in the program and whether the fee is to be a	6789
one-time or periodic fee;	6790

(e) The estimated number and geographic distribution of	6791
participating pharmacies and the process for establishing the	6792
program's pharmacy network;	6793

(f) Financial incentives to be paid to participating	6794
pharmacies by the entity;	6795

(g) The percentage of prescription drugs to be covered by the	6796
program by major drug category;	6797

(h) How the entity proposes to improve medication management	6798
for cardholders;	6799

(i) How cardholders and participating pharmacies will be	6800
informed of the ~~discounted~~reduced price negotiated by the entity;	6801

(j) How the entity will handle complaints about the program's	6802
operation;	6803

(k) The entity's previous experience in managing similar	6804
programs;	6805

(l) Any additional information requested by the director.

6806

(2) The director shall contract with one or more entities to	6807
administer a program or programs on the basis of the proposals	6808
submitted, but may require an administrator to modify its conduct	6809
of a program in accordance with rules adopted under division (F)	6810
of this section. Prior to entering into a contract with an entity,	6811
the director shall obtain approval of the contract from the	6812
controlling board at a public hearing.	6813

The director shall adopt rules specifying the period for	6814
which a contract will be in effect and may terminate a contract if	6815
an administrator fails to conduct a program in accordance with its	6816
proposal or with any modifications required by rule. When a	6817
contract period ends or a contract is terminated, the director	6818
shall enter into a new contract in the manner specified in this	6819
section for an original contract. Prior to making a new contract,	6820
the director may modify the rules for administration of the	6821
program or programs.	6822

(D) The rules for administration of a program established	6823
under division (C)(2) of this section may permit an administrator	6824
to charge a fee for a prescription drug ~~discount~~ card. The fee may	6825
be a one-time or periodic fee. If the rules permit a fee to be	6826
charged, each entity that submits a proposal under which a fee	6827
will be charged shall specify the amount of the fee and the period	6828
to which the fee will apply.	6829

If an administrator charges a fee for a prescription drug	6830
~~discount~~ card, the rules may require the administrator to issue	6831
the cards. If an administrator does not charge a fee, the rules	6832
may require the administrator to issue the cards or may include	6833
the prescription drug ~~discount~~ information on golden buckeye cards	6834
issued under section 173.06 of the Revised Code.	6835

(E) As used in this division, "administrator" includes the	6836
administrator's parent company and any subsidiary of the parent	6837
company.	6838

(1) No administrator shall sell any information concerning a	6839
person who holds a prescription drug ~~discount~~ card, other than	6840
aggregate information that does not identify the cardholder,	6841
without the cardholder's written consent.	6842

(2) Unless an administrator has the cardholder's written	6843
consent, no administrator shall use any personally identifiable	6844
information that it obtains concerning a cardholder through the	6845
program to promote or sell a program or product offered by the	6846
administrator that is not related to the administration of the	6847
program. This division does not prohibit an administrator from	6848
contacting cardholders concerning participation in or	6849
administration of the program, including, but not limited to,	6850
mailing a list of pharmacies participating in the program's	6851
network.	6852

(3) When determining medicaid drug rebates, an administrator	6853
shall be subject to best price calculations promulgated by the	6854
centers for medicare and medicaid services in the United States	6855
department of health and human services. An administrator may use	6856
rebates negotiated with a drug manufacturer without restriction,	6857
including sharing a portion of the rebate with the administrator's	6858
clients, prescription drug program participants, or participating	6859
pharmacies. To the extent that ~~a discount is achieved through~~	6860
~~rebates or discounts in prices that~~ an administrator negotiates	6861
rebates with drug manufacturers, anthe administrator shall use	6862
the rebates ~~or discounts~~ to do one or more of the following:	6863

(a) Reduce any costs to cardholders;

6864

(b) ~~Achieve discounts for cardholders;~~

6865

~~(c)~~ Cover any administrative costs of the program;

6866

6867

(4) An administrator may negotiate with drug manufacturers to	6868
have the prescription drug program or programs established by the	6869
department of aging under this section serve as a single	6870
enrollment point for the manufacturer's discount program. To the	6871
extent that discounts are offered by manufacturers through the	6872
program, discounts are exempt from best price calculations when	6873
determining medicaid drug rebates pursuant to 42 U.S.C. 1396r-8,	6874
as amended, if all of the following apply:	6875

(a) The manufacturer's program provides prescription drug	6876
assistance to a limited group of persons without negotiations	6877
between the manufacturer and a third party regarding the amount of	6878
assistance.	6879

(b) The manufacturer establishes the amount of the benefit to	6880
be given to persons without negotiations between the manufacturer	6881
and a third party regarding the amount of the benefit.	6882

(c) The entire amount of the discount is used to benefit an	6883
individual without providing an opportunity for the administrator,	6884
participating pharmacies, or any other third party to reduce or	6885
take for its use a portion of the benefit.	6886

(d) A participating pharmacy is reimbursed based on the lower	6887
of a calculated formula equal to the average wholesale price less	6888
a defined percentage plus a dispensing fee, or the pharmacy's	6889
usual and customary price for the drug.	6890

(e) Other than the benefit amount, a participating pharmacy	6891
collects no additional payment from the manufacturer's discount	6892
program.	6893

(5) To the extent that drug discounts on prescription drugs	6894
are achieved through reduced prices an administrator obtains from	6895
drug manufacturers, the administrator shall use the drug discounts	6896
to reduce prescription drug costs for cardholders.	6897

(F) The director shall adopt rules in accordance with Chapter	6898
119. of the Revised Code that do all of the following:	6899

(1) Specify how a resident may apply to participate in any	6900
one or more prescription drug discount card programs;	6901

(2) Provide for the administration of each program;

6902

(3) Specify the circumstances under which the director may	6903
require an administrator to modify its conduct of a program;	6904

(4) Specify the duration of a contract;

6905

(5) Specify whether an administrator may charge a fee for a	6906
card and whether an administrator is required to issue the cards;	6907

(6) Require that an administrator permit any pharmacy willing	6908
to comply with the administrator's terms and conditions for	6909
participation in the program's network to participate in any	6910
network used by the administrator for its program;	6911

(7) Prohibit an administrator from requiring a pharmacy or	6912
drug manufacturer to participate in the program's network as a	6913
condition of participation in another network operated by the	6914
administrator;	6915

(8) Permit an administrator to work with one or more drug	6916
manufacturers to obtain drug discounts;	6917

(9) Permit an administrator to negotiate with one or more	6918
drug manufacturers for ~~discounts in drug prices or~~ rebates;	6919

~~(9)~~(10) Permit an administrator to receive any rebate	6920
payments from drug manufacturers;	6921

~~(10)~~(11) Require that an administrator create a financial	6922
incentive program for participating pharmacies through which the	6923
administrator shall distribute a portion of any rebate payments	6924
from drug manufacturers received under division (F)~~(9)~~(10) of this	6925
section.	6926

(G) Not later than one month after the end of each	6927
twelve-month period that one or more prescription drug ~~discount~~	6928
~~card~~ programs are in operation, each administrator shall collect	6929
from each of its participating pharmacies and provide to the	6930
director of aging the information required by section 173.071 of	6931
the Revised Code.	6932

Sec. 173.062. Records identifying the recipients of golden	6933
buckeye cards issued under section 173.06 of the Revised Code or	6934
prescription drug ~~discount~~ cards issued under section 173.061 of	6935
the Revised Code are not public records subject to inspection or	6936
copying under section 149.43 of the Revised Code and may be	6937
disclosed only at the discretion of the director of aging. The	6938
director may disclose only information in records identifying the	6939
recipients of golden buckeye cards or prescription drug ~~discount~~	6940
cards that does not contain the recipient's medical history or	6941
prescription drug utilization history.	6942

Sec. 173.07. Not later than four months after the end of each	6943
twelve-month period that one or more prescription drug ~~discount~~	6944
~~card~~ programs established under section 173.061 of the Revised	6945
Code are in operation, the director of aging shall issue a report	6946
on the operation of each program during that twelve-month period.	6947

Sec. 173.071. Each report issued under section 173.07 of the	6948
Revised Code shall be based on information received by the	6949
director of aging from each administrator under division (G) of	6950
section 173.061 of the Revised Code and specify all of the	6951
following about each program:	6952

(A) The number of prescription drug ~~discount~~ cardholders;

6953

(B) The number of cardholders who used the card at least once	6954
in the immediately preceding twelve-month period;	6955

(C) The total cost savings to all cardholders generated by	6956
the program;	6957

(D) The average cost savings to a cardholder per	6958
prescription;	6959

(E) The source and method of cost savings under the program;

6960

(F) The drugs that are discounted under the program listed	6961
according to major drug category;	6962

(G) The drugs for which rebates are offered under the	6963
program, listed according to major drug category;	6964

(H) For each participating pharmacy, the number of times in	6965
the twelve-month period that the pharmacy's customary and usual	6966
price was lower than the price offered under the prescription drug	6967
~~discount~~ program;	6968

~~(H)~~(I) The name of the program's administrator;

6969

~~(I)~~(J) The length of the contract between the director and	6970
the program's administrator;	6971

~~(J)~~(K) The number of pharmacies participating in the program;

6972

~~(K)~~(L) Other than the cost of prescription drugs, any fees	6973
paid by cardholders to participate in the program;	6974

~~(L)~~(M) Any costs incurred by the state to operate the	6975
program;	6976

~~(M)~~(N) Any costs incurred by participating pharmacies to	6977
participate in the program.	6978

Sec. 173.08. (A) The resident services coordinator program is	6979
established in the department of aging to fund resident services	6980
coordinators. The coordinators shall provide information to	6981
low-income and special-needs tenants, including the elderly, who	6982
live in subsidized rental housing complexes, and assist those	6983
tenants in identifying and obtaining community and program	6984
services and other benefits for which they are eligible.	6985

(B) The resident services coordinator program fund is hereby	6986
created in the state treasury to support the resident services	6987
coordinator program established pursuant to this section. The fund	6988
consists of all moneys the department of development sets aside	6989
pursuant to division (A)(4) of section 175.21 of the Revised Code	6990
and moneys the general assembly appropriates to the fund.	6991

Sec. 173.14. As used in sections 173.14 to 173.26 of the	6992
Revised Code:	6993

(A)(1) Except as otherwise provided in division (A)(2) of	6994
this section, "long-term care facility" includes any residential	6995
facility that provides personal care services for more than	6996
twenty-four hours for two or more unrelated adults, including all	6997
of the following:	6998

(a) A "nursing home," "residential care facility," or "home	6999
for the aging" as defined in section 3721.01 of the Revised Code;	7000

(b) A facility authorized to provide extended care services	7001
under Title XVIII of the "Social Security Act," 49 Stat. 620	7002
(1935), 42 U.S.C. 301, as amended;	7003

(c) A county home or district home operated pursuant to	7004
Chapter 5155. of the Revised Code;	7005

(d) An "adult care facility" as defined in section 3722.01 of	7006
the Revised Code;	7007

(e) A facility approved by the veterans administration under	7008
section 104(a) of the "Veterans Health Care Amendments of 1983,"	7009
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	7010
the placement and care of veterans;	7011

(f) An adult foster home certified under section 173.36 of	7012
the Revised Code.	7013

(2) "Long-term care facility" does not include a "residential	7014
facility" as defined in section 5119.22 of the Revised Code or a	7015
"residential facility" as defined in section 5123.19 of the	7016
Revised Code.	7017

(B) "Resident" means a resident of a long-term care facility	7018
and, where appropriate, includes a prospective, previous, or	7019
deceased resident of a long-term care facility.	7020

(C) "Community-based long-term care services" means health	7021
and social services provided to persons ~~age sixty or older~~ in	7022
their own homes or in community care settings, and includes any of	7023
the following:	7024

(1) Case management;

7025

(2) Home health care;

7026

(3) Homemaker services;

7027

(4) Chore services;

7028

(5) Respite care;

7029

(6) Adult day care;

7030

(7) Home-delivered meals;

7031

(8) Personal care;

7032

(9) Physical, occupational, and speech therapy;

7033

(10) Any other health and social services provided to persons	7034
~~age sixty or older~~ that allow them to retain their independence in	7035
their own homes or in community care settings.	7036

(D) "Recipient" means a recipient of community-based	7037
long-term care services and, where appropriate, includes a	7038
prospective, previous, or deceased recipient of community-based	7039
long-term care services.	7040

(E) "Sponsor" means an adult relative, friend, or guardian	7041
who has an interest in or responsibility for the welfare of a	7042
resident or a recipient.	7043

(F) "Personal care services" has the same meaning as in	7044
section 3721.01 of the Revised Code.	7045

(G) "Regional long-term care ombudsperson program" means an	7046
entity, either public or private and nonprofit, designated as a	7047
regional long-term care ombudsperson program by the state	7048
long-term care ombudsperson.	7049

(H) "Representative of the office of the state long-term care	7050
ombudsperson program" means the state long-term care ombudsperson	7051
or a member of the ombudsperson's staff, or a person certified as	7052
a representative of the office under section 173.21 of the Revised	7053
Code.	7054

(I) "Area agency on aging" means an area agency on aging	7055
established under the "Older Americans Act of 1965," 79 Stat. 219,	7056
42 U.S.C.A. 3001, as amended.	7057

Sec. 173.26. (A) Each of the following facilities shall	7058
annually pay to the department of aging ~~three~~six dollars for each	7059
bed maintained by the facility for use by a resident during any	7060
part of the previous year:	7061

(1) Nursing homes, residential care facilities, and homes for	7062
the aging as defined in section 3721.01 of the Revised Code;	7063

(2) Facilities authorized to provide extended care services	7064
under Title XVIII of the "Social Security Act," 49 Stat. 620	7065
(1935), 42 U.S.C. 301, as amended;	7066

(3) County homes and district homes operated pursuant to	7067
Chapter 5155. of the Revised Code;	7068

(4) Adult care facilities as defined in section 3722.01 of	7069
the Revised Code;	7070

(5) ~~Adult foster homes certified under section 173.36 of the~~	7071
~~Revised Code;~~	7072

~~(6)~~ Facilities approved by the Veterans Administration under	7073
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	7074
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	7075
the placement and care of veterans.	7076

The department shall, by rule adopted ~~under section 111.15~~in	7077
accordance with Chapter 119. of the Revised Code, establish	7078
deadlines for payments required by this section.	7079

(B) All money collected under this section shall be deposited	7080
in the state treasury to the credit of the office of the state	7081
long-term care ~~ombudsman~~ombudsperson program fund, which is	7082
hereby created. Money credited to the fund shall be used solely to	7083
pay the costs of operating the regional long-term care ~~ombudsman~~	7084
ombudsperson programs.	7085

(C) The state long-term care ~~ombudsman~~ombudsperson and the	7086
regional programs may solicit and receive contributions to support	7087
the operation of the office or a regional program, except that no	7088
contribution shall be solicited or accepted that would interfere	7089
with the independence or objectivity of the office or program.	7090

Sec. 175.03. (A)(1) The Ohio housing finance agency shall	7091
consist of eleven members. Nine of the members shall be appointed	7092
by the governor with the advice and consent of the senate. The	7093
director of commerce and the director of development, or their	7094
respective designees, shall also be voting members of the agency.	7095
Of the nine appointed members, at least one shall have experience	7096
in residential housing construction; at least one shall have	7097
experience in residential housing mortgage lending, loan	7098
servicing, or brokering; at least one shall have experience in the	7099
licensed residential housing brokerage business; at least one	7100
shall have experience with the housing needs of senior citizens;	7101
at least one shall be from a background in labor representation in	7102
the construction industry; at least one shall represent the	7103
interests of nonprofit multifamily housing development	7104
corporations; at least one shall represent the interests of	7105
for-profit multifamily housing development organizations; and two	7106
shall be public members. The governor shall receive	7107
recommendations from the Ohio housing council for appointees to	7108
represent the interests of nonprofit multifamily housing	7109
development corporations and for-profit multifamily housing	7110
development organizations. Each appointee representing multifamily	7111
housing interests currently shall be employed with an organization	7112
that is active in the area of affordable housing development or	7113
management. No more than six of the appointed members of the	7114
agency shall be of the same political party. Of the appointments	7115
made to the agency for the eighth and ninth appointed members in	7116
accordance with this amendment, one shall be for a term ending on	7117
January 31, 2005, and one shall be for a term ending on January	7118
31, 2006. Thereafter, each appointed member shall serve for a term	7119
ending on the thirty-first day of January which is six years	7120
following the date of termination of the term which it succeeds.	7121
Each member shall hold office from the date of the member's	7122
appointment until the end of the term for which the member was	7123
appointed. Any member appointed to fill a vacancy occurring prior	7124
to the expiration of the term for which the member's predecessor	7125
was appointed shall hold office for the remainder of such term.	7126
Any appointed member shall continue in office subsequent to the	7127
expiration date of the member's term until the member's successor	7128
takes office, or until a period of sixty days has elapsed,	7129
whichever occurs first. Each appointed member may be removed from	7130
office by the governor for misfeasance, nonfeasance, malfeasance	7131
in office, or for failure to attend in person three consecutive	7132
meetings of the agency.	7133

(2) The ~~director of development or the director's designee~~	7134
governor shall beappoint the chairperson of the agency. The	7135
agency shall elect one of its ~~appointed~~ members as	7136
vice-chairperson and such other officers as it deems necessary,	7137
who need not be members of the agency. Each appointed member of	7138
the agency shall receive compensation at the rate of one hundred	7139
fifty dollars per agency meeting attended in person, not to exceed	7140
a maximum of three thousand dollars per year. All members shall be	7141
reimbursed for their actual and necessary expenses incurred in the	7142
discharge of their official duties.	7143

(3) Six members of the agency constitute a quorum, and the	7144
affirmative vote of six members shall be necessary for any action	7145
taken by the agency. No vacancy in membership of the agency	7146
impairs the right of a quorum to exercise all the rights and	7147
perform all the duties of the agency. Meetings of the agency may	7148
be held at any place within the state. Meetings of the agency,	7149
including notice of the place of meetings, shall comply with	7150
section 121.22 of the Revised Code.	7151

(B)(1) The appointed members of the agency are not subject to	7152
section 102.02 of the Revised Code. Each such appointed member	7153
shall file with the agency a signed written statement setting	7154
forth the general nature of sales of goods, property or services	7155
or of loans to the agency in which such member has a pecuniary	7156
interest or in which any member of the member's immediate family,	7157
as defined in section 102.01 of the Revised Code, or any	7158
corporation, partnership or enterprise of which the member is an	7159
officer, director, or partner, or of which the member or a member	7160
of the member's immediate family, as so defined, owns more than a	7161
five per cent interest, has a pecuniary interest, and of which	7162
sale, loan and interest such member has knowledge. The statement	7163
shall be supplemented from time to time to reflect changes in the	7164
general nature of any such sales or loans. No member shall	7165
participate in portions of agency meetings dealing with, or vote	7166
concerning, any such matter.	7167

(2) The requirements of this section pertaining to disclosure	7168
and prohibition from participation and voting do not apply to	7169
agency loans to lending institutions or contracts between the	7170
agency and lending institutions for the purchase, administration,	7171
or servicing of loans notwithstanding that such lending	7172
institution has a director, officer, employee, or owner who is a	7173
member of the agency, and no such loans or contracts shall be	7174
deemed to be prohibited or otherwise regulated by reason of any	7175
other law or rule.	7176

(3) The members of the agency representing multifamily	7177
housing interests are not in violation of division (A) of section	7178
2921.42, division (D) of section 102.03, or division (E) of	7179
section 102.03 of the Revised Code in regard to a contract the	7180
agency enters into if both of the following apply:	7181

(a) The contract is entered into for a loan, grant, or	7182
participation in a program administered or funded by the agency	7183
and the contract was awarded pursuant to rules or guidelines the	7184
agency adopted.	7185

(b) The member does not participate in the discussion or vote	7186
on the contract if the contract secured a grant or loan that would	7187
directly benefit the member, a family member, or a business	7188
associate of the member.	7189

Sec. 175.21. (A) The low- and moderate-income housing trust	7190
fund is hereby created in the state treasury. The fund shall	7191
consist of all appropriations,made to the fund, housing trust	7192
fund fees collected by county recorders pursuant to section 317.36	7193
of the Revised Code and deposited into the fund pursuant to	7194
section 319.63 of the Revised Code, and all grants, gifts, loan	7195
repayments, and contributions of money made from any source to the	7196
department of development for deposit in the fund. All investment	7197
earnings of the fund shall be credited to the fund. The director	7198
of development shall allocate a portion of the money in the fund	7199
to an account of the Ohio housing finance agency. The department	7200
shall administer the fund. The agency shall use money allocated to	7201
it in the fund for implementing and administering its programs and	7202
duties under sections 175.22 and 175.24 of the Revised Code, and	7203
the department shall use the remaining money in the fund for	7204
implementing and administering its programs and duties under	7205
sections 175.22 to 175.25 of the Revised Code. Use of all money in	7206
the fund is subject to the following restrictions:	7207

(1) Not more than six per cent of any current year	7208
appropriation authority for the fund shall be used for the	7209
transitional and permanent housing program to make grants to	7210
municipal corporations, counties, townships, and nonprofit	7211
organizations for the acquisition, rehabilitation, renovation,	7212
construction, conversion, operation, and cost of supportive	7213
services for new and existing transitional and permanent housing	7214
for homeless persons.	7215

(2)(a) Not more than five per cent of any current year	7216
appropriation authority for the fund shall be used for grants and	7217
loans to community development corporations and the Ohio community	7218
development finance fund, a private nonprofit corporation.	7219

(b) In any year in which the amount in the fund exceeds one	7220
hundred thousand dollars, not less than one hundred thousand	7221
dollars shall be used to provide training, technical assistance,	7222
and capacity building assistance to nonprofit development	7223
organizations in areas of the state the director designates as	7224
underserved.	7225

(c) For monies awarded in any fiscal year, priority shall be	7226
given to proposals submitted by nonprofit development	7227
organizations from areas of the state the director designates as	7228
underserved.	7229

(3) Not more than seven per cent of any current year	7230
appropriation authority for the fund shall be used for the	7231
emergency shelter housing grants program to make grants to	7232
private, nonprofit organizations and municipal corporations,	7233
counties, and townships for emergency shelter housing for the	7234
homeless. The grants shall be distributed pursuant to rules the	7235
director adopts and qualify as matching funds for funds obtained	7236
pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A.	7237
11371 to 11378.	7238

(4) In any fiscal year in which the amount in the fund	7239
exceeds the amount awarded pursuant to division (A)(2)(b) of this	7240
section by at least two hundred fifty thousand dollars, at least	7241
two hundred fifty thousand dollars from the fund shall be provided	7242
to the department of aging for the resident services coordinator	7243
program.	7244

(5) Of all money in the fund:

7245

(a) Not more than five per cent shall be used for	7246
administration.	7247

(b) Not less than forty-five per cent of the ~~amount of~~ funds	7248
awarded during any one fiscal year shall be ~~used to make~~for	7249
grants and loans to nonprofit organizations under section 175.22	7250
of the Revised Code~~, not~~.	7251

(c) Not less than fifty per cent of the ~~amount of~~ funds	7252
awarded during any one fiscal year, excluding the amounts awarded	7253
pursuant to divisions (A)(1), (A)(2), and (A)(3) of this section,	7254
shall be ~~used to make~~for grants and loans for activities that	7255
~~will~~ provide housing and housing assistance to families and	7256
individuals in rural areas and small cities that ~~would~~are not be	7257
eligible to participate as a participating jurisdiction under the	7258
"HOME Investment Partnerships Act," 104 Stat. 4094 (1990), 42	7259
U.S.C. 12701 note, 12721~~, no more than five per cent of the money~~	7260
~~in the fund shall be used for administration, and no~~.	7261

(d) No money in the fund shall be used to pay for any legal	7262
services other than the usual and customary legal services	7263
associated with the acquisition of housing.	7264

(6) Except as otherwise provided by the director under	7265
division (B) of this section, money in the fund may be used as	7266
matching money for federal funds received by the state, counties,	7267
municipal corporations, and townships for the activities listed in	7268
section 175.22 of the Revised Code.	7269

(B) If after the second quarter of any year it appears to the	7270
director that the full amount of the money in the ~~low- and~~	7271
~~moderate-income housing trust~~ fund designated in that year for	7272
activities that ~~will~~ provide housing and housing assistance to	7273
families and individuals in rural areas and small cities under	7274
division (A) of this section will not be so used for that purpose,	7275
the director may reallocate all or a portion of that amount for	7276
other housing activities. In determining whether or how to	7277
reallocate money under this division, the director may consult	7278
with and shall receive advice from the housing trust fund advisory	7279
committee.	7280

Sec. 175.22. (A) The department of development and the Ohio	7281
housing finance agency shall each develop programs under which, in	7282
accordance with rules adopted under this section, itthey may make	7283
grants, loans, loan guarantees, and loan subsidies to counties,	7284
municipal corporations, townships, local housing authorities, and	7285
nonprofit organizations and may make loans, loan guarantees, and	7286
loan subsidies to private developers and private lenders to assist	7287
~~them~~ in activities that ~~will~~ provide housing and housing	7288
assistance for specifically targeted low- and moderate-income	7289
families and individuals. There ~~shall be~~is no minimum housing	7290
project size for awards under this division for any project that	7291
is ~~being~~ developed for a special needs population and that is	7292
supported by a social service agency where the housing project	7293
~~will be~~is located. Activities for which grants, loans, loan	7294
guarantees, and loan subsidies may be made under this section	7295
include all of the following:	7296

(1) Acquiring, financing, constructing, leasing,	7297
rehabilitating, remodeling, improving, and equipping publicly or	7298
privately owned housing;	7299

(2) Providing supportive services related to housing and the	7300
homeless, including housing counseling. Not more than twenty per	7301
cent of the current year appropriation authority for the low- and	7302
moderate-income housing trust fund that remains after the	7303
expenditures made pursuant to divisions (A)(1), (A)(2), and (A)(3)	7304
of section 175.21 of the Revised Code, shall be awarded in any	7305
fiscal year for ~~such~~ supportive services.	7306

(3) Providing rental assistance payments or other project	7307
operating subsidies that lower tenant rents.	7308

(B) Grants, loans, loan guarantees, and loan subsidies may be	7309
made to counties, municipal corporations, townships, and nonprofit	7310
organizations for the additional purposes of providing technical	7311
assistance, design and finance services and consultation, and	7312
payment of pre-development and administrative costs related to any	7313
of the activities listed above.	7314

(C) In developing programs under this section, the department	7315
and the agency shall invite, accept, and consider public comment,	7316
and recommendations from the housing trust fund advisory committee	7317
created under section 175.25 of the Revised Code, on how the	7318
programs should be designed to most effectively benefit low- and	7319
moderate-income families and individuals. The programs developed	7320
under this section shall respond collectively to housing and	7321
housing assistance needs of low- and moderate-income families and	7322
individuals statewide.	7323

(D) The department and the agency, in accordance with Chapter	7324
119. of the Revised Code, shall each adopt rules ~~under which it~~	7325
~~shall~~to administer programs developed ~~by it~~ under this section.	7326
The rules shall prescribe procedures and forms ~~whereby~~that	7327
counties, municipal corporations, townships, local housing	7328
authorities, and nonprofit organizations ~~may apply~~shall use in	7329
applying for grants, loans, loan guarantees, and loan subsidies	7330
and that private developers and private lenders ~~may apply~~shall	7331
use in applying for loans, loan guarantees, and loan subsidies;	7332
eligibility criteria for the receipt of funds; procedures for	7333
reviewing and granting or denying applications; procedures for	7334
paying out funds; conditions on the use of funds; procedures for	7335
monitoring the use of funds; and procedures under which a	7336
recipient shall be required to repay funds that are improperly	7337
used. The rules ~~adopted by the department~~ shall do both of the	7338
following:	7339

(1) Require each recipient of a grant or loan made from the	7340
low- and moderate-income housing trust fund for activities that	7341
~~will~~ provide, or assist in providing, a rental housing project, to	7342
reasonably ensure that the rental housing project will beremain	7343
affordable to those families and individuals targeted for the	7344
rental housing project for the useful life of the rental housing	7345
project or for thirty years, whichever is longer;	7346

(2) Require each recipient of a grant or loan made from the	7347
low- and moderate-income housing trust fund for activities that	7348
~~will~~ provide, or assist in providing, a housing project to prepare	7349
and implement a plan to reasonably assist any families and	7350
individuals displaced by the housing project in obtaining decent	7351
affordable housing.	7352

(E) In prescribing eligibility criteria and conditions for	7353
the use of funds, neither the department nor the agency is limited	7354
to the criteria and conditions specified in this section and each	7355
may prescribe additional eligibility criteria and conditions that	7356
relate to the purposes for which grants, loans, loan guarantees,	7357
and loan subsidies may be made. However, the department and agency	7358
are limited by the following specifically targeted low- and	7359
moderate-income guidelines:	7360

(1) Not less than seventy-five per cent of the money granted	7361
and loaned under this section in any fiscal year shall be for	7362
activities that ~~will~~ provide affordable housing and housing	7363
assistance to families and individuals ~~in a county~~ whose incomes	7364
are equal to or less than fifty per cent of the median income for	7365
~~that~~the county in which they live, as determined by the	7366
department under section 175.23 of the Revised Code.	7367

(2) ~~The remainder of the~~Any money granted and loaned under	7368
this section in any fiscal year that is not granted or loaned	7369
pursuant to division (E)(1) of this section shall be for	7370
activities that ~~will~~ provide affordable housing and housing	7371
assistance to families and individuals ~~in a county~~ whose incomes	7372
are equal to or less than eighty per cent of the median income for	7373
~~that~~the county in which they live, as determined by the	7374
department under section 175.23 of the Revised Code.	7375

(F) In making grants, loans, loan guarantees, and loan	7376
subsidies under this section, the department and the agency shall	7377
give preference to viable projects and activities that ~~will~~	7378
benefit those families and individuals ~~in a county~~ whose incomes	7379
are equal to or less than thirty-five per cent of the median	7380
income for ~~that~~the county in which they live, as determined by	7381
the department under section 175.23 of the Revised Code.	7382

(G) The department and the agency shall monitor the programs	7383
developed under this section to ensure that money granted and	7384
loaned under this section is not used in a manner that violates	7385
division (H) of section 4112.02 of the Revised Code or	7386
discriminates against families with children.	7387

Sec. 183.02. This section's references to years mean state	7388
fiscal years.	7389

All payments received by the state pursuant to the tobacco	7390
master settlement agreement shall be deposited into the state	7391
treasury to the credit of the tobacco master settlement agreement	7392
fund, which is hereby created. All investment earnings of the fund	7393
shall also be credited to the fund. Except as provided in division	7394
(K) of this section, payments and interest credited to the fund	7395
shall be transferred by the director of budget and management as	7396
follows:	7397

(A)(1) Of the first payment credited to the tobacco master	7398
settlement agreement fund in 2000 and the net amounts credited to	7399
the fund annually from 2000 to 2006 and in 2012, the following	7400
amount or percentage shall be transferred to the tobacco use	7401
prevention and cessation trust fund, created in section 183.03 of	7402
the Revised Code:	7403

YEAR	AMOUNT OR PERCENTAGE	7404
2000 (first payment credited)	$104,855,222.85	7405
2000 (net amount credited)	70.30%	7406
2001	62.84	7407
2002	61.41	7408
2003	63.24	7409
2004	66.65	7410
2005	66.24	7411
2006	65.97	7412
2012	56.01	7413

(2) Of the net amounts credited to the tobacco master	7414
settlement agreement fund in 2013, the director shall transfer to	7415
the tobacco use prevention and cessation trust fund the amount not	7416
transferred to the tobacco use prevention and cessation trust fund	7417
from the net amounts credited to the tobacco master settlement	7418
agreement fund in 2002 due to Am. Sub. H.B. No. 405 and Am. Sub.	7419
S.B. No. 242 of the 124th general assembly. Of the net amounts	7420
credited to the tobacco master settlement agreement fund in 2014,	7421
the director shall transfer to the tobacco use prevention and	7422
cessation trust fund the amount not transferred to the tobacco use	7423
prevention and cessation trust fund from the net amounts credited	7424
to the tobacco master settlement agreement fund in 2003 due to Am.	7425
Sub. H.B. No. 405 and Am. Sub. S.B. No. 242 of the 124th general	7426
assembly. Of the net amounts credited to the tobacco master	7427
settlement agreement fund in 2015, the director shall transfer to	7428
the tobacco use prevention and cessation trust fund the amount not	7429
transferred to the tobacco use prevention and cessation trust fund	7430
from the net amounts credited to the tobacco master settlement	7431
agreement fund in 2004 due to Am. Sub. H.B. 95 of the 125th	7432
general assembly.	7433

(B) Of the first payment credited to the tobacco master	7434
settlement agreement fund in 2000 and the net amounts credited to	7435
the fund annually in 2000 and 2001, the following amount or	7436
percentage shall be transferred to the law enforcement	7437
improvements trust fund, created in section 183.10 of the Revised	7438
Code:	7439

YEAR	AMOUNT OR PERCENTAGE	7440
2000 (first payment credited)	$10,000,000	7441
2000 (net amount credited)	5.41%	7442
2001	2.32	7443

(C)(1) Of the first payment credited to the tobacco master	7444
settlement agreement fund in 2000 and the net amounts credited to	7445
the fund annually from 2000 to 2011, the following percentages	7446
shall be transferred to the southern Ohio agricultural and	7447
community development trust fund, created in section 183.11 of the	7448
Revised Code:	7449

YEAR	PERCENTAGE	7450
2000 (first payment credited)	5.00%	7451
2000 (net amount credited)	8.73	7452
2001	8.12	7453
2002	9.18	7454
2003	8.91	7455
2004	7.84	7456
2005	7.79	7457
2006	7.76	7458
2007	17.39	7459
2008 through 2011	17.25	7460

(2) Of the net amounts credited to the tobacco master	7461
settlement agreement fund in 2013, the director shall transfer to	7462
the southern Ohio agricultural and community development trust	7463
fund the amount not transferred to the southern Ohio agricultural	7464
and community development trust fund from the net amounts credited	7465
to the tobacco master settlement agreement fund in 2002 due to Am.	7466
Sub. H.B. No. 405 and Am. Sub. S.B. No. 242 of the 124th general	7467
assembly. Of the net amounts credited to the tobacco master	7468
settlement agreement fund in 2014, the director shall transfer to	7469
the southern Ohio agricultural and community development trust	7470
fund the amount not transferred to the southern Ohio agricultural	7471
and community development trust fund from the net amounts credited	7472
to the tobacco master settlement agreement fund in 2003 due to Am.	7473
Sub. H.B. No. 405 and Am. Sub. S.B. No. 242 of the 124th general	7474
assembly.	7475

(D)~~(1)~~ The following percentages of the net amounts credited	7476
to the tobacco master settlement agreement fund annually shall be	7477
transferred to Ohio's public health priorities trust fund, created	7478
in section 183.18 of the Revised Code:	7479

YEAR	PERCENTAGE	7480
2000	5.41	7481
2001	6.68	7482
2002	6.79	7483
2003	6.90	7484
2004	7.82	7485
2005	8.18	7486
2006	8.56	7487
2007	19.83	7488
2008	19.66	7489
2009	20.48	7490
2010	21.30	7491
2011	22.12	7492
2012	10.47	7493

~~(2) Of the net amounts credited to the tobacco master~~	7494
~~settlement agreement fund in 2013, the director shall transfer to~~	7495
~~Ohio's public health priorities trust fund the amount not~~	7496
~~transferred to Ohio's public health priorities trust fund from the~~	7497
~~net amounts credited to the tobacco master settlement agreement~~	7498
~~fund in 2002 due to Am. Sub. H.B. No. 405 and Am. Sub. S.B. No.~~	7499
~~242 of the 124th general assembly. Of the net amounts credited to~~	7500
~~the tobacco master settlement agreement fund in 2014, the director~~	7501
~~shall transfer to Ohio's public health priorities trust fund the~~	7502
~~amount not transferred to Ohio's public health priorities trust~~	7503
~~fund from the net amounts credited to the tobacco master~~	7504
~~settlement agreement fund in 2003 due to Am. Sub. H.B. No. 405 and~~	7505
~~Am. Sub. S.B. No. 242 of the 124th general assembly.~~	7506

(E) The following percentages of the net amounts credited to	7507
the tobacco master settlement agreement fund annually shall be	7508
transferred to the biomedical research and technology transfer	7509
trust fund, created in section 183.19 of the Revised Code:	7510

YEAR	PERCENTAGE	7511
2000	2.71	7512
2001	14.03	7513
2002	13.29	7514
2003	12.73	7515
2004	13.78	7516
2005	14.31	7517
2006	14.66	7518
2007	49.57	7519
2008 to 2011	45.06	7520
2012	18.77	7521

(F) Of the amounts credited to the tobacco master settlement	7522
agreement fund annually, the following amounts shall be	7523
transferred to the education facilities trust fund, created in	7524
section 183.26 of the Revised Code:	7525

YEAR	AMOUNT	7526
2000	$133,062,504.95	7527
2001	128,938,732.73	7528
2002	185,804,475.78	7529
2003	180,561,673.11	7530
2004	122,778,219.49	7531
2005	121,389,325.80	7532
2006	120,463,396.67	7533
2007	246,389,369.01	7534
2008 to 2011	267,531,291.85	7535
2012	110,954,545.28	7536

(G) Of the amounts credited to the tobacco master settlement	7537
agreement fund annually, from 2000 to 2012 five million dollars	7538
per year shall be transferred to the education facilities	7539
endowment fund, created in section 183.27 of the Revised Code.	7540
From 2013 to 2025, the following percentages of the amounts	7541
credited to the tobacco master settlement agreement fund annually	7542
shall be transferred to the endowment fund:	7543

YEAR	PERCENTAGE	7544
2013	30.22	7545
2014	33.36	7546
2015 to 2025	40.90	7547

(H) The following percentages of the net amounts credited to	7548
the tobacco master settlement agreement fund annually shall be	7549
transferred to the education technology trust fund, created in	7550
section 183.28 of the Revised Code:	7551

YEAR	PERCENTAGE	7552
2000	7.44	7553
2001	6.01	7554
2002	9.33	7555
2003	8.22	7556
2004	3.91	7557
2005	3.48	7558
2006	3.05	7559
2007	13.21	7560
2008	18.03	7561
2009	17.21	7562
2010	16.39	7563
2011	15.57	7564
2012	14.75	7565

(I) In each year from 2003 to 2025, after the transfers made	7566
under divisions (F) and (G) of this section but prior to the	7567
transfers made under divisions (A) to (E) of this section, the	7568
director of budget and management shall transfer to the tobacco	7569
settlement oversight, administration, and enforcement fund created	7570
in section 183.34 of the Revised Code such amount as the director	7571
determines necessary to pay the costs incurred by the attorney	7572
general in tobacco settlement oversight, administration, and	7573
enforcement.	7574

(J) In each year from 2003 to 2025, after the transfers made	7575
under divisions (F) and (G) of this section but prior to the	7576
transfers made under divisions (A) to (E) of this section, the	7577
director of budget and management shall transfer to the tobacco	7578
settlement enforcement fund created in section 183.35 of the	7579
Revised Code such amount as the director determines necessary to	7580
pay the costs incurred by the tax commissioner in the enforcement	7581
of divisions (F) and (G) of section 5743.03 of the Revised Code.	7582

(K) If in any year from 2001 to 2012 the payments and	7583
interest credited to the tobacco master settlement agreement fund	7584
during the year amount to less than the amounts required to be	7585
transferred to the education facilities trust fund and the	7586
education facilities endowment fund that year, the director of	7587
budget and management shall make none of the transfers required by	7588
divisions (A) to (J) of this section.	7589

(L) If in any year from 2000 to 2025 the payments credited to	7590
the tobacco master settlement agreement fund during the year	7591
exceed the following amounts, the director of budget and	7592
management shall transfer the excess to the income tax reduction	7593
fund, created in section 131.44 of the Revised Code:	7594

YEAR	AMOUNT	7595
2000	$443,892,767.51	7596
2001	348,780,049.22	7597
2002	418,783,038.09	7598
2003	422,746,368.61	7599
2004	352,827,184.57	7600
2005	352,827,184.57	7601
2006	352,827,184.57	7602
2007	352,827,184.57	7603
2008 to 2017	383,779,323.15	7604
2018 to 2025	403,202,282.16	7605

Sec. 306.35. Upon the creation of a regional transit	7606
authority as provided by section 306.32 of the Revised Code, and	7607
upon the qualifying of its board of trustees and the election of a	7608
president and a vice-president, the authority shall exercise in	7609
its own name all the rights, powers, and duties vested in and	7610
conferred upon it by sections 306.30 to 306.53 of the Revised	7611
Code. Subject to any reservations, limitations, and qualifications	7612
that are set forth in those sections, the regional transit	7613
authority:	7614

(A) May sue or be sued in its corporate name;

7615

(B) May make contracts in the exercise of the rights, powers,	7616
and duties conferred upon it;	7617

(C) May adopt and at will alter a seal and use such seal by	7618
causing it to be impressed, affixed, reproduced, or otherwise	7619
used, but failure to affix the seal shall not affect the validity	7620
of any instrument;	7621

(D)(1) May adopt, amend, and repeal bylaws for the	7622
administration of its affairs and rules for the control of the	7623
administration and operation of transit facilities under its	7624
jurisdiction, and for the exercise of all of its rights of	7625
ownership in those transit facilities;	7626

(2) The regional transit authority also may adopt bylaws and	7627
rules for the following purposes:	7628

(a) To prohibit selling, giving away, or using any beer or	7629
intoxicating liquor on transit vehicles or transit property;	7630

(b) For the preservation of good order within or on transit	7631
vehicles or transit property;	7632

(c) To provide for the protection and preservation of all	7633
property and life within or on transit vehicles or transit	7634
property;	7635

(d) To regulate and enforce the collection of fares.

7636

(3) Before a bylaw or rule adopted under division (D)(2) of	7637
this section takes effect, the regional transit authority shall	7638
provide for a notice of its adoption to be published once a week	7639
for two consecutive weeks in a newspaper of general circulation	7640
within the territorial boundaries of the regional transit	7641
authority.	7642

(4) No person shall violate any bylaw or rule of a regional	7643
transit authority adopted under division (D)(2) of this section.	7644

(E) May fix, alter, and collect fares, rates, and rentals and	7645
other charges for the use of transit facilities under its	7646
jurisdiction to be determined exclusively by it for the purpose of	7647
providing for the payment of the expenses of the regional transit	7648
authority, the acquisition, construction, improvement, extension,	7649
repair, maintenance, and operation of transit facilities under its	7650
jurisdiction, the payment of principal and interest on its	7651
obligations, and to fulfill the terms of any agreements made with	7652
purchasers or holders of any such obligations, or with any person	7653
or political subdivision;	7654

(F) Shall have jurisdiction, control, possession, and	7655
supervision of all property, rights, easements, licenses, moneys,	7656
contracts, accounts, liens, books, records, maps, or other	7657
property rights and interests conveyed, delivered, transferred, or	7658
assigned to it;	7659

(G) May acquire, construct, improve, extend, repair, lease,	7660
operate, maintain, or manage transit facilities within or without	7661
its territorial boundaries, considered necessary to accomplish the	7662
purposes of its organization and make charges for the use of	7663
transit facilities;	7664

(H) May levy and collect taxes as provided in sections 306.40	7665
and 306.49 of the Revised Code;	7666

(I) May issue bonds secured by its general credit as provided	7667
in section 306.40 of the Revised Code;	7668

(J) May hold, encumber, control, acquire by donation, by	7669
purchase for cash or by installment payments, by lease-purchase	7670
agreement, by lease with option to purchase, or by condemnation,	7671
and may construct, own, lease as lessee or lessor, use, and sell,	7672
real and personal property, or any interest or right in real and	7673
personal property, within or without its territorial boundaries,	7674
for the location or protection of transit facilities and	7675
improvements and access to transit facilities and improvements,	7676
the relocation of buildings, structures, and improvements situated	7677
on lands acquired by the regional transit authority, or for any	7678
other necessary purpose, or for obtaining or storing materials to	7679
be used in constructing, maintaining, and improving transit	7680
facilities under its jurisdiction;	7681

(K) May exercise the power of eminent domain to acquire	7682
property or any interest in property, within or without its	7683
territorial boundaries, that is necessary or proper for the	7684
construction or efficient operation of any transit facility or	7685
access to any transit facility under its jurisdiction in	7686
accordance with section 306.36 of the Revised Code;	7687

(L) May provide by agreement with any county, including the	7688
counties within its territorial boundaries, or any municipal	7689
corporation or any combination of counties or municipal	7690
corporations for the making of necessary surveys, appraisals, and	7691
examinations preliminary to the acquisition or construction of any	7692
transit facility and the amount of the expense for the surveys,	7693
appraisals, and examinations to be paid by each such county or	7694
municipal corporation;	7695

(M) May provide by agreement with any county, including the	7696
counties within its territorial boundaries, or any municipal	7697
corporation or any combination of those counties or municipal	7698
corporations for the acquisition, construction, improvement,	7699
extension, maintenance, or operation of any transit facility owned	7700
or to be owned and operated by it or owned or to be owned and	7701
operated by any such county or municipal corporation and the terms	7702
on which it shall be acquired, leased, constructed, maintained, or	7703
operated, and the amount of the cost and expense of the	7704
acquisition, lease, construction, maintenance, or operation to be	7705
paid by each such county or municipal corporation;	7706

(N) May issue revenue bonds for the purpose of acquiring,	7707
replacing, improving, extending, enlarging, or constructing any	7708
facility or permanent improvement that it is authorized to	7709
acquire, replace, improve, extend, enlarge, or construct,	7710
including all costs in connection with and incidental to the	7711
acquisition, replacement, improvement, extension, enlargement, or	7712
construction, and their financing, as provided by section 306.37	7713
of the Revised Code;	7714

(O) May enter into and supervise franchise agreements for the	7715
operation of a transit system;	7716

(P) May accept the assignment of and supervise an existing	7717
franchise agreement for the operation of a transit system;	7718

(Q) May exercise a right to purchase a transit system in	7719
accordance with the acquisition terms of an existing franchise	7720
agreement; and in connection with the purchase the regional	7721
transit authority may issue revenue bonds as provided by section	7722
306.37 of the Revised Code or issue bonds secured by its general	7723
credit as provided in section 306.40 of the Revised Code;	7724

(R) May apply for and accept grants or loans from the United	7725
States, the state, or any other public body for the purpose of	7726
providing for the development or improvement of transit	7727
facilities, mass transportation facilities, equipment, techniques,	7728
methods, or services, and grants or loans needed to exercise a	7729
right to purchase a transit system pursuant to agreement with the	7730
owner of those transit facilities, or for providing lawful	7731
financial assistance to existing transit systems; and may provide	7732
any consideration that may be required in order to obtain those	7733
grants or loans from the United States, the state, or other public	7734
body, either of which grants or loans may be evidenced by the	7735
issuance of revenue bonds as provided by section 306.37 of the	7736
Revised Code or general obligation bonds as provided by section	7737
306.40 of the Revised Code;	7738

(S) May employ and fix the compensation of consulting	7739
engineers, superintendents, managers, and such other engineering,	7740
construction, accounting and financial experts, attorneys, and	7741
other employees and agents necessary for the accomplishment of its	7742
purposes;	7743

(T) May procure insurance against loss to it by reason of	7744
damages to its properties resulting from fire, theft, accident, or	7745
other casualties or by reason of its liability for any damages to	7746
persons or property occurring in the construction or operation of	7747
transit facilities under its jurisdiction or the conduct of its	7748
activities;	7749

(U) May maintain funds that it considers necessary for the	7750
efficient performance of its duties;	7751

(V) May direct its agents or employees, when properly	7752
identified in writing, after at least five days' written notice,	7753
to enter upon lands within or without its territorial boundaries	7754
in order to make surveys and examinations preliminary to the	7755
location and construction of transit facilities, without liability	7756
to it or its agents or employees except for actual damage done;	7757

(W) On its own motion, may request the appropriate zoning	7758
board, as defined in section 4563.03 of the Revised Code, to	7759
establish and enforce zoning regulations pertaining to any transit	7760
facility under its jurisdiction in the manner prescribed by	7761
sections 4563.01 to 4563.21 of the Revised Code;	7762

(X) If it acquires any existing transit system, shall assume	7763
all the employer's obligations under any existing labor contract	7764
between the employees and management of the system. If the board	7765
acquires, constructs, controls, or operates any such facilities,	7766
it shall negotiate arrangements to protect the interests of	7767
employees affected by the acquisition, construction, control, or	7768
operation. The arrangements shall include, but are not limited to:	7769

(1) The preservation of rights, privileges, and benefits	7770
under existing collective bargaining agreements or otherwise, the	7771
preservation of rights and benefits under any existing pension	7772
plans covering prior service, and continued participation in	7773
social security in addition to participation in the public	7774
employees retirement system as required in Chapter 145. of the	7775
Revised Code;	7776

(2) The continuation of collective bargaining rights;

7777

(3) The protection of individual employees against a	7778
worsening of their positions with respect to their employment;	7779

(4) Assurances of employment to employees of those transit	7780
systems and priority reemployment of employees terminated or laid	7781
off;	7782

(5) Paid training or retraining programs;

7783

(6) Signed written labor agreements.

7784

The arrangements may include provisions for the submission of	7785
labor disputes to final and binding arbitration.	7786

(Y) May provide for and maintain security operations,	7787
including a transit police department, subject to section 306.352	7788
of the Revised Code. Regional transit authority police officers	7789
shall have the power and duty to act as peace officers within	7790
transit facilities owned, operated, or leased by the transit	7791
authority to protect the transit authority's property and the	7792
person and property of passengers, to preserve the peace, and to	7793
enforce all laws of the state and ordinances and regulations of	7794
political subdivisions in which the transit authority operates.	7795
Regional transit authority police officers also shall have the	7796
power and duty to act as peace officers when they render emergency	7797
assistance outside their jurisdiction to any other peace officer	7798
who is not a regional transit authority police officer and who has	7799
arrest authority under section 2935.03 of the Revised Code.	7800
Regional transit authority police officers may render emergency	7801
assistance if there is a threat of imminent physical danger to the	7802
peace officer, a threat of physical harm to another person, or any	7803
other serious emergency situation and if either the peace officer	7804
who is assisted requests emergency assistance or it appears that	7805
the peace officer who is assisted is unable to request emergency	7806
assistance and the circumstances observed by the regional transit	7807
authority police officer reasonably indicate that emergency	7808
assistance is appropriate.	7809

Before exercising powers of arrest and the other powers and	7810
duties of a peace officer, each regional transit authority police	7811
officer shall take an oath and give bond to the state in a sum	7812
that the board of trustees prescribes for the proper performance	7813
of the officer's duties.	7814

Persons employed as regional transit authority police	7815
officers shall complete training for the position to which they	7816
have been appointed as required by the Ohio peace officer training	7817
commission as authorized in section 109.77 of the Revised Code, or	7818
be otherwise qualified. The cost of the training shall be provided	7819
by the regional transit authority.	7820

(Z) May procure a policy or policies insuring members of its	7821
board of trustees against liability on account of damages or	7822
injury to persons and property resulting from any act or omission	7823
of a member in the member's official capacity as a member of the	7824
board or resulting solely out of the member's membership on the	7825
board;	7826

(AA) May enter into any agreement for the sale and leaseback	7827
or lease and leaseback of transit facilities, which agreement may	7828
contain all necessary covenants for the security and protection of	7829
any lessor or the regional transit authority including, but not	7830
limited to, indemnification of the lessor against the loss of	7831
anticipated tax benefits arising from acts, omissions, or	7832
misrepresentations of the regional transit authority. In	7833
connection with that transaction, the regional transit authority	7834
may contract for insurance and letters of credit and pay any	7835
premiums or other charges for the insurance and letters of credit.	7836
The fiscal officer shall not be required to furnish any	7837
certificate under section 5705.41 of the Revised Code in	7838
connection with the execution of any such agreement.	7839

(BB) In regard to any contract entered into on or after March	7840
19, 1993, for the rendering of services or the supplying of	7841
materials or for the construction, demolition, alteration, repair,	7842
or reconstruction of transit facilities in which a bond is	7843
required for the faithful performance of the contract, may permit	7844
the person awarded the contract to utilize a letter of credit	7845
issued by a bank or other financial institution in lieu of the	7846
bond;	7847

(CC) May enter into agreements with municipal corporations	7848
located within the territorial jurisdiction of the regional	7849
transit authority permitting regional transit authority police	7850
officers employed under division (Y) of this section to exercise	7851
full arrest powers, as provided in section 2935.03 of the Revised	7852
Code, for the purpose of preserving the peace and enforcing all	7853
laws of the state and ordinances and regulations of the municipal	7854
corporation within the areas that may be agreed to by the regional	7855
transit authority and the municipal corporation.	7856

Sec. 306.99. (A) No person shall violate any rule or	7857
regulation adopted pursuant to division (N) of section 306.04 of	7858
the Revised Code and whoever violates such a rule or regulation	7859
shall be fined not more than one thousand dollars or imprisoned	7860
not more than ninety days or both.	7861

(B) Whoever violates division (D)(4) of section 306.35 of the	7862
Revised Code shall be fined not more than one hundred dollars on a	7863
first offense and not more than five hundred dollars on each	7864
subsequent offense.	7865

Fines levied and collected for such violations shall be paid	7866
into the treasury of the regional transit authority. The regional	7867
transit authority may use such fine money for any purpose that is	7868
not inconsistent with sections 306.30 to 306.54 of the Revised	7869
Code.	7870

Sec. 307.86. Anything to be purchased, leased, leased with	7871
an option or agreement to purchase, or constructed, including, but	7872
not limited to, any product, structure, construction,	7873
reconstruction, improvement, maintenance, repair, or service,	7874
except the services of an accountant, architect, attorney at law,	7875
physician, professional engineer, construction project manager,	7876
consultant, surveyor, or appraiser, by or on behalf of the county	7877
or contracting authority, as defined in section 307.92 of the	7878
Revised Code, at a cost in excess of ~~fifteen~~twenty-five thousand	7879
dollars, except as otherwise provided in division (D) of section	7880
713.23 and in sections 125.04, 307.022, 307.041, 307.861, 339.05,	7881
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19,	7882
5713.01, and 6137.05 of the Revised Code, shall be obtained	7883
through competitive bidding. However, competitive bidding is not	7884
required when any of the following applies:	7885

(A) The board of county commissioners, by a unanimous vote of	7886
its members, makes a determination that a real and present	7887
emergency exists, and that determination and the reasons for it	7888
are entered in the minutes of the proceedings of the board, when	7889
either of the following applies:	7890

(1) The estimated cost is less than fifty thousand dollars.

7891

(2) There is actual physical disaster to structures, radio	7892
communications equipment, or computers.	7893

For purposes of this division, "unanimous vote" means all	7894
three members of a board of county commissioners when all three	7895
members are present, or two members of the board if only two	7896
members, constituting a quorum, are present.	7897

Whenever a contract of purchase, lease, or construction is	7898
exempted from competitive bidding under division (A)(1) of this	7899
section because the estimated cost is less than fifty thousand	7900
dollars, but the estimated cost is ~~fifteen~~twenty-five thousand	7901
dollars or more, the county or contracting authority shall solicit	7902
informal estimates from no fewer than three persons who could	7903
perform the contract, before awarding the contract. With regard to	7904
each such contract, the county or contracting authority shall	7905
maintain a record of such estimates, including the name of each	7906
person from whom an estimate is solicited. The county or	7907
contracting authority shall maintain the record for the longer of	7908
at least one year after the contract is awarded or the amount of	7909
time the federal government requires.	7910

(B)(1) The purchase consists of supplies or a replacement or	7911
supplemental part or parts for a product or equipment owned or	7912
leased by the county, and the only source of supply for the	7913
supplies, part, or parts is limited to a single supplier.	7914

(2) The purchase consists of services related to information	7915
technology, such as programming services, that are proprietary or	7916
limited to a single source.	7917

(C) The purchase is from the federal government, the state,	7918
another county or contracting authority of another county, or a	7919
board of education, township, or municipal corporation.	7920

(D) Public family services or workforce development	7921
activities are purchased for provision by the county department of	7922
job and family services under section 329.04 of the Revised Code,	7923
or program services, such as direct and ancillary client services,	7924
child day-care, case management services, residential services,	7925
and family resource services, are purchased for provision by a	7926
county board of mental retardation and developmental disabilities	7927
under section 5126.05 of the Revised Code.	7928

(E) The purchase consists of criminal justice services,	7929
social services programs, family services, or workforce	7930
development activities by the board of county commissioners from	7931
nonprofit corporations or associations under programs funded by	7932
the federal government or by state grants.	7933

(F) The purchase consists of any form of an insurance policy	7934
or contract authorized to be issued under Title XXXIX of the	7935
Revised Code or any form of health care plan authorized to be	7936
issued under Chapter 1751. of the Revised Code, or any combination	7937
of such policies, contracts, or plans that the contracting	7938
authority is authorized to purchase, and the contracting authority	7939
does all of the following:	7940

(1) Determines that compliance with the requirements of this	7941
section would increase, rather than decrease, the cost of the	7942
purchase;	7943

(2) Employs a competent consultant to assist the contracting	7944
authority in procuring appropriate coverages at the best and	7945
lowest prices;	7946

(3) Requests issuers of the policies, contracts, or plans to	7947
submit proposals to the contracting authority, in a form	7948
prescribed by the contracting authority, setting forth the	7949
coverage and cost of the policies, contracts, or plans as the	7950
contracting authority desires to purchase;	7951

(4) Negotiates with the issuers for the purpose of purchasing	7952
the policies, contracts, or plans at the best and lowest price	7953
reasonably possible.	7954

(G) The purchase consists of computer hardware, software, or	7955
consulting services that are necessary to implement a computerized	7956
case management automation project administered by the Ohio	7957
prosecuting attorneys association and funded by a grant from the	7958
federal government.	7959

(H) Child day-care services are purchased for provision to	7960
county employees.	7961

(I)(1) Property, including land, buildings, and other real	7962
property, is leased for offices, storage, parking, or other	7963
purposes, and all of the following apply:	7964

(a) The contracting authority is authorized by the Revised	7965
Code to lease the property.	7966

(b) The contracting authority develops requests for proposals	7967
for leasing the property, specifying the criteria that will be	7968
considered prior to leasing the property, including the desired	7969
size and geographic location of the property.	7970

(c) The contracting authority receives responses from	7971
prospective lessors with property meeting the criteria specified	7972
in the requests for proposals by giving notice in a manner	7973
substantially similar to the procedures established for giving	7974
notice under section 307.87 of the Revised Code.	7975

(d) The contracting authority negotiates with the prospective	7976
lessors to obtain a lease at the best and lowest price reasonably	7977
possible considering the fair market value of the property and any	7978
relocation and operational costs that may be incurred during the	7979
period the lease is in effect.	7980

(2) The contracting authority may use the services of a real	7981
estate appraiser to obtain advice, consultations, or other	7982
recommendations regarding the lease of property under this	7983
division.	7984

(J) The purchase is made pursuant to section 5139.34 or	7985
sections 5139.41 to 5139.46 of the Revised Code and is of programs	7986
or services that provide case management, treatment, or prevention	7987
services to any felony or misdemeanant delinquent, unruly youth,	7988
or status offender under the supervision of the juvenile court,	7989
including, but not limited to, community residential care, day	7990
treatment, services to children in their home, or electronic	7991
monitoring.	7992

(K) The purchase is made by a public children services agency	7993
pursuant to section 307.92 or 5153.16 of the Revised Code and	7994
consists of family services, programs, or ancillary services that	7995
provide case management, prevention, or treatment services for	7996
children at risk of being or alleged to be abused, neglected, or	7997
dependent children.	7998

Any issuer of policies, contracts, or plans listed in	7999
division (F) of this section and any prospective lessor under	8000
division (I) of this section may have the issuer's or prospective	8001
lessor's name and address, or the name and address of an agent,	8002
placed on a special notification list to be kept by the	8003
contracting authority, by sending the contracting authority that	8004
name and address. The contracting authority shall send notice to	8005
all persons listed on the special notification list. Notices shall	8006
state the deadline and place for submitting proposals. The	8007
contracting authority shall mail the notices at least six weeks	8008
prior to the deadline set by the contracting authority for	8009
submitting proposals. Every five years the contracting authority	8010
may review this list and remove any person from the list after	8011
mailing the person notification of that action.	8012

Any contracting authority that negotiates a contract under	8013
division (F) of this section shall request proposals and	8014
renegotiate with issuers in accordance with that division at least	8015
every three years from the date of the signing of such a contract.	8016

Any consultant employed pursuant to division (F) of this	8017
section and any real estate appraiser employed pursuant to	8018
division (I) of this section shall disclose any fees or	8019
compensation received from any source in connection with that	8020
employment.	8021

Sec. 307.87. Where competitive bidding is required by	8022
section 307.86 of the Revised Code, notice thereof shall be given	8023
in the following manner:	8024

(A) Notice shall be published once a week for not less than	8025
two consecutive weeks preceding the day of the opening of bids in	8026
a newspaper of general circulation within the county for any	8027
purchase, lease, lease with option or agreement to purchase, or	8028
construction contract in excess of ~~ten~~twenty-five thousand	8029
dollars. The contracting authority may also cause notice to be	8030
inserted in trade papers or other publications designated by it or	8031
to be distributed by electronic means, including posting the	8032
notice on the contracting authority's internet site on the world	8033
wide web. If the contracting authority posts the notice on that	8034
location on the world wide web, it may eliminate the second notice	8035
otherwise required to be published in a newspaper of general	8036
circulation within the county, provided that the first notice	8037
published in such a newspaper meets all of the following	8038
requirements:	8039

(1) It is published at least two weeks before the opening of	8040
bids.	8041

(2) It includes a statement that the notice is posted on the	8042
contracting authority's internet site on the world wide web.	8043

(3) It includes the internet address of the contracting	8044
authority's internet site on the world wide web.	8045

(4) It includes instructions describing how the notice may be	8046
accessed on the contracting authority's internet site on the world	8047
wide web.	8048

(B) Notices shall state all of the following:

8049

(1) A general description of the subject of the proposed	8050
contract and the time and place where the plans and specifications	8051
or itemized list of supplies, facilities, or equipment and	8052
estimated quantities can be obtained or examined;	8053

(2) The time and place where bids will be opened;

8054

(3) The time and place for filing bids;

8055

(4) The terms of the proposed purchase;

8056

(5) Conditions under which bids will be received;

8057

(6) The existence of a system of preference, if any, for	8058
products mined and produced in Ohio and the United States adopted	8059
pursuant to section 307.90 of the Revised Code.	8060

~~(B)~~(C) The contracting authority shall also maintain in a	8061
public place in its office or other suitable public place a	8062
bulletin board upon which it shall post and maintain a copy of	8063
such notice for at least two weeks preceding the day of the	8064
opening of the bids.	8065

Sec. 307.93. (A) The boards of county commissioners of two	8066
or more adjacent counties may contract for the joint establishment	8067
of a multicounty correctional center, and the board of county	8068
commissioners of a county or the boards of two or more counties	8069
may contract with any municipal corporation or municipal	8070
corporations located in that county or those counties for the	8071
joint establishment of a municipal-county or multicounty-municipal	8072
correctional center. The center shall augment county and, where	8073
applicable, municipal jail programs and facilities by providing	8074
custody and rehabilitative programs for those persons under the	8075
charge of the sheriff of any of the contracting counties or of the	8076
officer or officers of the contracting municipal corporation or	8077
municipal corporations having charge of persons incarcerated in	8078
the municipal jail, workhouse, or other correctional facility who,	8079
in the opinion of the sentencing court, need programs of custody	8080
and rehabilitation not available at the county or municipal jail	8081
and by providing custody and rehabilitative programs in accordance	8082
with division (C) of this section, if applicable. The contract may	8083
include, but need not be limited to, provisions regarding the	8084
acquisition, construction, maintenance, repair, termination of	8085
operations, and administration of the center. The contract shall	8086
prescribe the manner of funding of, and debt assumption for, the	8087
center and the standards and procedures to be followed in the	8088
operation of the center. Except as provided in division (H) of	8089
this section, the contracting counties and municipal corporations	8090
shall form a corrections commission to oversee the administration	8091
of the center. Members of the commission shall consist of the	8092
sheriff of each participating county, the president of the board	8093
of county commissioners of each participating county, the	8094
presiding judge of the court of common pleas of each participating	8095
county, or, if the court of common pleas of a participating county	8096
has only one judge, then that judge, the chief of police of each	8097
participating municipal corporation, the mayor or city manager of	8098
each participating municipal corporation, and the presiding judge	8099
or the sole judge of the municipal court of each participating	8100
municipal corporation. Any of the foregoing officers may appoint a	8101
designee to serve in the officer's place on the corrections	8102
commission. The standards and procedures shall be formulated and	8103
agreed to by the commission and may be amended at any time during	8104
the life of the contract by agreement of the parties to the	8105
contract upon the advice of the commission. The standards and	8106
procedures formulated by the commission shall include, but need	8107
not be limited to, designation of the person in charge of the	8108
center, the categories of employees to be employed at the center,	8109
the appointing authority of the center, and the standards of	8110
treatment and security to be maintained at the center. The person	8111
in charge of, and all persons employed to work at, the center	8112
shall have all the powers of police officers that are necessary	8113
for the proper performance of the duties relating to their	8114
positions at the center.	8115

(B) Each board of county commissioners that enters a contract	8116
under division (A) of this section may appoint a building	8117
commission pursuant to section 153.21 of the Revised Code. If any	8118
commissions are appointed, they shall function jointly in the	8119
construction of a multicounty or multicounty-municipal	8120
correctional center with all the powers and duties authorized by	8121
law.	8122

(C) Prior to the acceptance for custody and rehabilitation	8123
into a center established under this section of any persons who	8124
are designated by the department of rehabilitation and correction,	8125
who plead guilty to or are convicted of a felony of the fourth or	8126
fifth degree, and who satisfy the other requirements listed in	8127
section 5120.161 of the Revised Code, the corrections commission	8128
of a center established under this section shall enter into an	8129
agreement with the department of rehabilitation and correction	8130
under section 5120.161 of the Revised Code for the custody and	8131
rehabilitation in the center of persons who are designated by the	8132
department, who plead guilty to or are convicted of a felony of	8133
the fourth or fifth degree, and who satisfy the other requirements	8134
listed in that section, in exchange for a per diem fee per person.	8135
Persons incarcerated in the center pursuant to an agreement	8136
entered into under this division shall be subject to supervision	8137
and control in the manner described in section 5120.161 of the	8138
Revised Code. This division does not affect the authority of a	8139
court to directly sentence a person who is convicted of or pleads	8140
guilty to a felony to the center in accordance with section	8141
2929.16 of the Revised Code.	8142

(D) Pursuant to section 2929.37 of the Revised Code, each	8143
board of county commissioners and the legislative authority of	8144
each municipal corporation that enters into a contract under	8145
division (A) of this section may require a person who was	8146
convicted of an offense, who is under the charge of the sheriff of	8147
their county or of the officer or officers of the contracting	8148
municipal corporation or municipal corporations having charge of	8149
persons incarcerated in the municipal jail, workhouse, or other	8150
correctional facility, and who is confined in the multicounty,	8151
municipal-county, or multicounty-municipal correctional center as	8152
provided in that division, to reimburse the applicable county or	8153
municipal corporation for its expenses incurred by reason of the	8154
person's confinement in the center.	8155

(E) Notwithstanding any contrary provision in this section or	8156
section 2929.18, 2929.21, 2929.36, or 2929.37 of the Revised Code,	8157
the corrections commission of a center may establish a policy that	8158
complies with section 2929.38 of the Revised Code and that	8159
requires any person who is not indigent and who is confined in the	8160
multicounty, municipal-county, or multicounty-municipal	8161
correctional center to pay a reception fee, a fee for medical	8162
treatment or service requested by and provided to that person, or	8163
the fee for a random drug test assessed under division (E) of	8164
section 341.26 of the Revised Code.	8165

(F)(1) The corrections commission of a center established	8166
under this section may establish a commissary for the center. The	8167
commissary may be established either in-house or by another	8168
arrangement. If a commissary is established, all persons	8169
incarcerated in the center shall receive commissary privileges. A	8170
person's purchases from the commissary shall be deducted from the	8171
person's account record in the center's business office. The	8172
commissary shall provide for the distribution to indigent persons	8173
incarcerated in the center of necessary hygiene articles and	8174
writing materials.	8175

(2) If a commissary is established, the corrections	8176
commission of a center established under this section shall	8177
establish a commissary fund for the center. The management of	8178
funds in the commissary fund shall be strictly controlled in	8179
accordance with procedures adopted by the auditor of state.	8180
Commissary fund revenue over and above operating costs and reserve	8181
shall be considered profits. All profits from the commissary fund	8182
shall be used to purchase supplies and equipment for the benefit	8183
of persons incarcerated in the center and to pay salary and	8184
benefits for employees of the center, or for any other persons,	8185
who work in or are employed for the sole purpose of providing	8186
service to the commissary. The corrections commission shall adopt	8187
rules and regulations for the operation of any commissary fund it	8188
establishes.	8189

(G) In lieu of forming a corrections commission to administer	8190
a multicounty correctional center or a municipal-county or	8191
multicounty-municipal correctional center, the boards of county	8192
commissioners and the legislative authorities of the municipal	8193
corporations contracting to establish the center may also agree to	8194
contract for the private operation and management of the center as	8195
provided in section 9.06 of the Revised Code, but only if the	8196
center houses only misdemeanant inmates. In order to enter into a	8197
contract under section 9.06 of the Revised Code, all the boards	8198
and legislative authorities establishing the center shall approve	8199
and be parties to the contract.	8200

(H) If a person who is convicted of or pleads guilty to an	8201
offense is sentenced to a term in a multicounty correctional	8202
center or a municipal-county or multicounty-municipal correctional	8203
center or is incarcerated in the center in the manner described in	8204
division (C) of this section, or if a person who is arrested for	8205
an offense, and who has been denied bail or has had bail set and	8206
has not been released on bail is confined in a multicounty	8207
correctional center or a municipal-county or multicounty-municipal	8208
correctional center pending trial, at the time of reception and at	8209
other times the officer, officers, or other person in charge of	8210
the operation of the center determines to be appropriate, the	8211
officer, officers, or other person in charge of the operation of	8212
the center may cause the convicted or accused offender to be	8213
examined and tested for tuberculosis, HIV infection, hepatitis,	8214
including but not limited to hepatitis A, B, and C, and other	8215
contagious diseases. The officer, officers, or other person in	8216
charge of the operation of the center may cause a convicted or	8217
accused offender in the center who refuses to be tested or treated	8218
for tuberculosis, HIV infection, hepatitis, including but not	8219
limited to hepatitis A, B, and C, or another contagious disease to	8220
be tested and treated involuntarily.	8221

(I) As used in this section, "multicounty-municipal" means	8222
more than one county and a municipal corporation, or more than one	8223
municipal corporation and a county, or more than one municipal	8224
corporation and more than one county.	8225

Sec. 311.17. For the services specified in this section, the	8226
sheriff shall charge the following fees, which the court or its	8227
clerk ~~thereof~~ shall tax in the bill of costs against the judgment	8228
debtor or those legally liable therefor for the judgment:	8229

(A) For the service and return of the following writs and	8230
orders:	8231

(1) Execution:

8232

(a) When money is paid without levy or when no property is	8233
found, ~~five~~twenty dollars;	8234

(b) When levy is made on real property, for the first tract,	8235
~~twenty~~twenty-five dollars, and for each additional tract, ~~five~~	8236
ten dollars;	8237

(c) When levy is made on goods and chattels, including	8238
inventory, ~~twenty-five~~fifty dollars;.	8239

(2) Writ of attachment of property, except for purpose of	8240
garnishment, ~~twenty~~forty dollars;	8241

(3) Writ of attachment for the purpose of garnishment, ~~five~~	8242
ten dollars;	8243

(4) Writ of replevin, ~~twenty~~forty dollars;

8244

(5) Warrant to arrest, for each person named in the writ,	8245
~~five~~ten dollars;	8246

(6) Attachment for contempt, for each person named in the	8247
writ, ~~three~~six dollars;	8248

(7) Writ of possession or restitution, ~~twenty~~sixty dollars;

8249

(8) Subpoena, for each person named in the writ, if in either	8250
a civil or criminal case ~~three~~, six dollars~~, if in a criminal case~~	8251
~~one dollar~~;	8252

(9) Venire, for each person named in the writ, if in either a	8253
civil or criminal case ~~three~~, six dollars~~, if in a criminal case~~	8254
~~one dollar~~;	8255

(10) Summoning each juror, other than on venire, if in either	8256
a civil or criminal case ~~three~~, six dollars~~, if in a criminal case~~	8257
~~one dollar~~;	8258

(11) Writ of partition, ~~fifteen~~twenty-five dollars;

8259

(12) Order of sale on partition, for the first tract,	8260
~~twenty-five~~fifty dollars, and for each additional tract, ~~five~~	8261
twenty-five dollars;	8262

(13) Other order of sale of real property, for the first	8263
tract, ~~twenty~~fifty dollars, and for each additional tract, ~~five~~	8264
twenty-five dollars;	8265

(14) Administering oath to appraisers, ~~one dollar and fifty~~	8266
~~cents~~three dollars each;	8267

(15) Furnishing copies for advertisements, ~~fifty cents~~one	8268
dollar for each hundred words;	8269

(16) Copy of indictment, for each defendant, ~~two~~five	8270
dollars;	8271

(17) All summons, writs, orders, or notices, for the first	8272
name, ~~three~~six dollars, and for each additional name, ~~fifty cents~~	8273
one dollar.	8274

(B) In addition to the fee for service and return~~, the~~	8275
~~sheriff may charge~~:	8276

(1) On each summons, writ, order, or notice, a fee of ~~fifty~~	8277
~~cents~~one dollar per mile for the first mile, and ~~twenty~~fifty	8278
cents per mile for each additional mile, going and returning,	8279
actual mileage to be charged on each additional name;	8280

(2) Taking bail bond, ~~one dollar~~three dollars;

8281

(3) Jail fees, as follows:

8282

(a) For receiving a prisoner, ~~four~~five dollars each time a	8283
prisoner is received, and for discharging or surrendering a	8284
prisoner, ~~four~~five dollars;each time a prisoner is discharged or	8285
surrendered. The departure or return of a prisoner from or to a	8286
jail in connection with a program established under section	8287
5147.28 of the Revised Code is not a receipt, discharge, or	8288
surrender of the prisoner for purposes of this division.	8289

(b) Taking a prisoner before a judge or court, per day, ~~three~~	8290
five dollars;	8291

8292

(d) Calling jury, ~~one dollar~~three dollars;

8293

(e) Calling each witness, ~~one dollar~~three dollars;

8294

(f) Bringing prisoner before court on habeas corpus, ~~four~~six	8295
dollars;.	8296

(4) Poundage on all moneys actually made and paid to the	8297
sheriff on execution, decree, or sale of real estate, one and	8298
one-half per cent;	8299

(5) Making and executing a deed of land sold on execution,	8300
decree, or order of the court, to be paid by the purchaser,	8301
~~twenty-five~~fifty dollars.	8302

When any of the ~~foregoing~~ services described in division (A)	8303
or (B) of this section are rendered by an officer or employee,	8304
whose salary or per diem compensation is paid by the county, the	8305
applicable legal fees and any other extraordinary expenses,	8306
including overtime, provided for ~~such~~the service ~~in this section~~	8307
shall be taxed in the costs in the case, and, when ~~such fees are~~	8308
collected ~~they~~, shall be paid into the general fund of the county.	8309

The sheriff shall charge the same fees for the execution of	8310
process issued in any other state as hethe sheriff charges for	8311
the execution of process of a substantively similar nature that is	8312
issued in this state.	8313

Sec. 317.32. The county recorder shall charge and collect	8314
the following fees, to include base fees for the recorder's	8315
services and housing trust fund fees, collected pursuant to	8316
section 317.36 of the Revised Code:	8317

(A) For recording and indexing an instrument when the	8318
photocopy or any similar process is employed, a base fee of	8319
fourteen dollars for the first two pages and a housing trust fund	8320
fee of fourteen dollars, and a base fee of four dollars and a	8321
housing trust fund fee of four dollars for each subsequent page,	8322
size eight and one-half inches by fourteen inches, or fraction of	8323
a page, including the caption page, of such instrument;	8324

(B) For certifying a photocopy from the record previously	8325
recorded, a base fee of one dollar and a housing trust fund fee of	8326
one dollar per page, size eight and one-half inches by fourteen	8327
inches, or fraction of a page; for each certification where the	8328
recorder's seal is required, except as to instruments issued by	8329
the armed forces of the United States, a base fee of fifty cents	8330
and a housing trust fund fee of fifty cents;	8331

(C) For manual or typewritten recording of assignment or	8332
satisfaction of mortgage or lease or any other marginal entry, a	8333
base fee of four dollars and a housing trust fund fee of four	8334
dollars;	8335

(D) For entering any marginal reference by separate recorded	8336
instrument, a base fee of two dollars and a housing trust fund fee	8337
of two dollars for each marginal reference set out in that	8338
instrument, in addition to the ~~recording fee~~fees set forth in	8339
division (A) of this section;	8340

(E) For indexing in the real estate mortgage records,	8341
pursuant to section 1309.519 of the Revised Code, financing	8342
statements covering crops growing or to be grown, timber to be	8343
cut, minerals or the like, including oil and gas, accounts subject	8344
to section 1309.301 of the Revised Code, or fixture filings made	8345
pursuant to section 1309.334 of the Revised Code, a base fee of	8346
two dollars and a housing trust fund fee of two dollars for each	8347
name indexed;	8348

(F) For recording manually any plat not exceeding six lines,	8349
a base fee of two dollars and a housing trust fund fee of two	8350
dollars, and for each additional line, a base fee of ten cents and	8351
a housing trust fund fee of ten cents;	8352

(G) For filing zoning resolutions, including text and maps,	8353
in the office of the recorder as required under sections 303.11	8354
and 519.11 of the Revised Code, a base fee of fifty dollars and a	8355
housing trust fund fee of fifty dollars, regardless of the size or	8356
length of the resolutions;	8357

(H) For filing zoning amendments, including text and maps, in	8358
the office of the recorder as required under sections 303.12 and	8359
519.12 of the Revised Code, a base fee of ten dollars and a	8360
housing trust fund fee of ten dollars for the first page and a	8361
base fee of four dollars and a housing trust fund fee of four	8362
dollars for each additional page;	8363

(I) For photocopying a document, other than at the time of	8364
recording and indexing as provided for in division (A) of this	8365
section, a base fee of one dollar and a housing trust fund fee of	8366
one dollar per page, size eight and one-half inches by fourteen	8367
inches, or fraction thereof;	8368

(J) For local facsimile transmission of a document, a base	8369
fee of one dollar and a housing trust fund fee of one dollar per	8370
page, size eight and one-half inches by fourteen inches, or	8371
fraction thereof; for long distance facsimile transmission of a	8372
document, a base fee of two dollars and a housing trust fund fee	8373
of two dollars per page, size eight and one-half inches by	8374
fourteen inches, or fraction thereof;	8375

(K) For recording a declaration executed pursuant to section	8376
2133.02 of the Revised Code or a durable power of attorney for	8377
health care executed pursuant to section 1337.12 of the Revised	8378
Code, or both a declaration and a durable power of attorney for	8379
health care, a base fee of at least fourteen dollars but not more	8380
than twenty dollars and a housing trust fund fee of at least	8381
fourteen dollars but not more than twenty dollars.	8382

In any county in which the recorder employs the photostatic	8383
or any similar process for recording maps, plats, or prints the	8384
recorder shall determine, charge, and collect for the recording or	8385
rerecording of any map, plat, or print, a base fee of five cents	8386
and a housing trust fund fee of five cents per square inch, for	8387
each square inch of the map, plat, or print filed for that	8388
recording or rerecording, with a minimum base fee of twenty	8389
dollars and a minimum housing trust fund fee of twenty dollars;	8390
for certifying a copy from the record, a base fee of two cents and	8391
a housing trust fund fee of two cents per square inch of the	8392
record, with a minimum base fee of two dollars and a minimum	8393
housing trust fund fee of two dollars.	8394

The fees provided in this section shall be paid upon the	8395
presentation of the instruments for record or upon the application	8396
for any certified copy of the record, except that the payment of	8397
fees associated with the filing and recording of, or the copying	8398
of, notices of internal revenue tax liens and notices of other	8399
liens in favor of the United States as described in division (A)	8400
of section 317.09 of the Revised Code and certificates of	8401
discharge or release of those liens, shall be governed by section	8402
317.09 of the Revised Code, and the payment of fees for providing	8403
copies of instruments conveying or extinguishing agricultural	8404
easements to the office of farmland preservation in the department	8405
of agriculture under division ~~(G)~~(H) of section 5301.691 of the	8406
Revised Code shall be governed by that division.	8407

Sec. 317.36. (A) The county recorder shall collect the low-	8408
and moderate-income housing trust fund fee as specified in	8409
sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60,	8410
5111.021, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22, 6101.09,	8411
and 6115.09 of the Revised Code. The amount of any housing trust	8412
fund fee the recorder is authorized to collect is equal to the	8413
amount of any base fee the recorder is authorized to collect for	8414
services. The housing trust fund fee shall be collected in	8415
addition to the base fee.	8416

(B) The recorder shall certify the amounts collected as	8417
housing trust fund fees pursuant to division (A) of this section	8418
into the county treasury as housing trust fund fees to be paid to	8419
the treasurer of state pursuant to section 319.63 of the Revised	8420
Code.	8421

Sec. 319.63. (A) During the first thirty days of each	8422
calendar quarter, the county auditor shall pay to the treasurer of	8423
state all amounts that the county recorder collected as housing	8424
trust fund fees pursuant to section 317.36 of the Revised Code	8425
during the previous calendar quarter. If payment is made to the	8426
treasurer of state within the first thirty days of the quarter,	8427
the county auditor may retain an administrative fee of one per	8428
cent of the amount of the trust fund fees collected during the	8429
previous calendar quarter.	8430

(B) The treasurer of state shall deposit the first fifty	8431
million dollars of housing trust fund fees received each year	8432
pursuant to this section into the low- and moderate-income housing	8433
trust fund, created under section 175.21 of the Revised Code, and	8434
shall deposit any amounts received each year in excess of fifty	8435
million dollars into the state general revenue fund.	8436

(C) The county auditor shall deposit the administrative fee	8437
that the auditor is permitted to retain pursuant to division (A)	8438
of this section into the county general fund for the county	8439
recorder to use in administering the trust fund fee.	8440

Sec. 321.24. (A) On or before the fifteenth day of February,	8441
in each year, the county treasurer shall settle with the county	8442
auditor for all taxes and assessments that the treasurer has	8443
collected on the general duplicate of real and public utility	8444
property at the time of making the settlement.	8445

(B) On or before the thirtieth day of June, in each year, the	8446
treasurer shall settle with the auditor for all advance payments	8447
of general personal and classified property taxes that the	8448
treasurer has received at the time of making the settlement.	8449

(C) On or before the tenth day of August, in each year, the	8450
treasurer shall settle with the auditor for all taxes and	8451
assessments that the treasurer has collected on the general	8452
duplicates of real and public utility property at the time of	8453
making such settlement, not included in the preceding February	8454
settlement.	8455

(D) On or before the thirty-first day of October, in each	8456
year, the treasurer shall settle with the auditor for all taxes	8457
that the treasurer has collected on the general personal and	8458
classified property duplicates, and for all advance payments of	8459
general personal and classified property taxes, not included in	8460
the preceding June settlement, that the treasurer has received at	8461
the time of making such settlement.	8462

(E) In the event the time for the payment of taxes is	8463
extended, pursuant to section 323.17 of the Revised Code, the date	8464
on or before which settlement for the taxes so extended must be	8465
made, as herein prescribed, shall be deemed to be extended for a	8466
like period of time. At each such settlement, the auditor shall	8467
allow to the treasurer, on the moneys received or collected and	8468
accounted for by the treasurer, the treasurer's fees, at the rate	8469
or percentage allowed by law, at a full settlement of the	8470
treasurer.	8471

(F) Within thirty days after the day of each settlement of	8472
taxes required under divisions (A) and (C) of this section, the	8473
treasurer shall certify to the tax commissioner any adjustments	8474
which have been made to the amount certified previously pursuant	8475
to section 319.302 of the Revised Code and that the settlement has	8476
been completed. Upon receipt of such certification, the	8477
commissioner shall provide for payment to the county treasurer	8478
from the general revenue fund of an amount equal to one-half of	8479
the amount certified by the treasurer in the preceding tax year	8480
under section 319.302 of the Revised Code, less one-half of the	8481
amount computed for all taxing districts in that county for the	8482
current fiscal year under section 5703.80 of the Revised Code for	8483
crediting to the property tax administration fund. Such payment	8484
shall be credited upon receipt to the county's undivided income	8485
tax fund, and the county auditor shall transfer to the county	8486
general fund from the amount thereof the total amount of all fees	8487
and charges which the auditor and treasurer would have been	8488
authorized to receive had such section not been in effect and that	8489
amount had been levied and collected as taxes. The county auditor	8490
shall distribute the amount remaining among the various taxing	8491
districts in the county as if it had been levied, collected, and	8492
settled as real property taxes. The amount distributed to each	8493
taxing district shall be reduced by the total of the amounts	8494
computed for the district under divisions (A), (B), and (C) of	8495
section 5703.80 of the Revised Code, but the reduction shall not	8496
exceed the amount that otherwise would be distributed to the	8497
taxing district under this division. The tax commissioner shall	8498
make available to taxing districts such information as is	8499
sufficient for a taxing district to be able to determine the	8500
amount of the reduction in its distribution under this section.	8501

(G)(1) Within thirty days after the day of the settlement	8502
required in division (D) of this section, the county treasurer	8503
shall ~~certify to~~notify the tax commissioner that the settlement	8504
has been completed. Upon receipt of that ~~certification~~	8505
notification, the commissioner shall provide for payment to the	8506
county treasurer from the general revenue fund of an amount equal	8507
to the amount certified under former section 319.311 of the	8508
Revised Code ~~in the current year~~and paid in the state's fiscal	8509
year 2003 multiplied by the percentage specified in division	8510
(G)(2) of this section. The payment shall be credited upon receipt	8511
to the county's undivided income tax fund, and the county auditor	8512
shall distribute the amount thereof among the various taxing	8513
districts of the county as if it had been levied, collected, and	8514
settled as personal property taxes. The amount received by a	8515
taxing district under this division shall be apportioned among its	8516
funds in the same proportion as the current year's personal	8517
property taxes are apportioned.	8518

(2) Payments required under division (G)(1) of this section	8519
shall be made at the following percentages of the amount certified	8520
under former section 319.311 of the Revised Code and paid under	8521
division (G)(1) of this section in the state's fiscal year 2003:	8522

(a) In fiscal year 2004, ninety per cent;

8523

(b) In fiscal year 2005, eighty per cent;

8524

8525

(d) In fiscal year 2007, sixty per cent;

8526

(e) In fiscal year 2008, fifty per cent;

8527

(f) In fiscal year 2009, forty per cent;

8528

(g) In fiscal year 2010, thirty per cent;

8529

(h) In fiscal year 2011, twenty per cent;

8530

(i) In fiscal year 2012, ten per cent.

8531

After fiscal year 2012, no payments shall be made under	8532
division (G)(1) of this section.	8533

(H)(1) On or before the fifteenth day of April each year, the	8534
county treasurer shall settle with the county auditor for all	8535
manufactured home taxes that the county treasurer has collected on	8536
the manufactured home tax duplicate at the time of making the	8537
settlement.	8538

(2) On or before the fifteenth day of September each year,	8539
the county treasurer shall settle with the county auditor for all	8540
remaining manufactured home taxes that the county treasurer has	8541
collected on the manufactured home tax duplicate at the time of	8542
making the settlement.	8543

(3) If the time for payment of such taxes is extended under	8544
section 4503.06 of the Revised Code, the time for making the	8545
settlement as prescribed by divisions (H)(1) and (2) of this	8546
section is extended for a like period of time.	8547

Sec. 323.01. Except as otherwise provided, as used in	8548
Chapter 323. of the Revised Code:	8549

(A) "Subdivision" means any county, township, school	8550
district, or municipal corporation.	8551

(B) "Municipal corporation" includes charter municipalities.

8552

(C) "Taxes" means the total amount of all charges against an	8553
entry appearing on a tax list and the duplicate thereof that was	8554
prepared and certified in accordance with section 319.28 of the	8555
Revised Code, including taxes levied against real estate; taxes on	8556
property whose value is certified pursuant to section 5727.23 of	8557
the Revised Code; recoupment charges applied pursuant to section	8558
5713.35 of the Revised Code; all assessments; penalties and	8559
interest charged pursuant to section 323.121 of the Revised Code;	8560
charges added pursuant to section 319.35 of the Revised Code; and	8561
all of such charges which remain unpaid from any previous tax	8562
year.	8563

(D) "Current taxes" means all taxes charged against an entry	8564
on the general tax list and duplicate of real and public utility	8565
property that have not appeared on such list and duplicate for any	8566
prior tax year and any penalty thereon charged by division (A) of	8567
section 323.121 of the Revised Code. Current taxes, whether or not	8568
they have been certified delinquent, become delinquent taxes if	8569
they remain unpaid after the last day prescribed for payment of	8570
the second installment of current taxes without penalty.	8571

(E) "Delinquent taxes" means:

8572

(1) Any taxes charged against an entry on the general tax	8573
list and duplicate of real and public utility property that were	8574
charged against an entry on such list and duplicate for a prior	8575
tax year and any penalties and interest charged against such	8576
taxes.	8577

(2) Any current taxes charged on the general tax list and	8578
duplicate of real and public utility property that remain unpaid	8579
after the last day prescribed for payment of the second	8580
installment of such taxes without penalty, whether or not they	8581
have been certified delinquent, and any penalties and interest	8582
charged against such taxes.	8583

(F) "Current tax year" means, with respect to particular	8584
taxes, the calendar year in which the first installment of taxes	8585
is due prior to any extension granted under section 323.17 of the	8586
Revised Code.	8587

(G) "Liquidated claim" means:

8588

(1) Any sum of money due and payable, upon a written	8589
contractual obligation executed between the subdivision and the	8590
taxpayer, but excluding any amount due on general and special	8591
assessment bonds and notes;	8592

(2) Any sum of money due and payable, for disability	8593
financial assistance or disability medical assistance provided	8594
under Chapter 5115. of the Revised Code that is furnished to or in	8595
behalf of a subdivision, provided that such claim is recognized by	8596
a resolution or ordinance of the legislative body of such	8597
subdivision;	8598

(3) Any sum of money advanced and paid to or received and	8599
used by a subdivision, pursuant to a resolution or ordinance of	8600
such subdivision or its predecessor in interest, and the moral	8601
obligation to repay which sum, when in funds, shall be recognized	8602
by resolution or ordinance by the subdivision.	8603

Sec. 325.31. (A) On the first business day of each month,	8604
and at the end of the officer's term of office, each officer named	8605
in section 325.27 of the Revised Code shall pay into the county	8606
treasury, to the credit of the general county fund, on the warrant	8607
of the county auditor, all fees, costs, penalties, percentages,	8608
allowances, and perquisites collected by the officer's office	8609
during the preceding month or part thereof for official services,	8610
except the fees allowed the county auditor by division (B) of	8611
section 319.54 of the Revised Code, which shall be paid into the	8612
county treasury to the credit of the real estate assessment fund	8613
hereby created.	8614

(B) Moneys to the credit of the real estate assessment fund	8615
may be expended, upon appropriation by the board of county	8616
commissioners, for the purpose of defraying ~~the~~one or more of the	8617
following:	8618

(1) The cost incurred by the county auditor in assessing real	8619
estate pursuant to Chapter 5713. of the Revised Code and	8620
manufactured and mobile homes pursuant to Chapter 4503. of the	8621
Revised Code~~, and, at~~;	8622

(2) At the county auditor's discretion, costs and expenses	8624
incurred by the county auditor in preparing the list of real and	8625
public utility property, in administering laws related to the	8626
taxation of real property and the levying of special assessments	8627
on real property, including administering reductions under	8628
Chapters 319. and 323. and section 4503.065 of the Revised Code,	8629
and to support assessments of real property in any administrative	8630
or judicial proceeding;	8631

(3) At the county auditor's discretion, the expenses incurred	8632
by the county board of revision under Chapter 5715. of the Revised	8633
Code~~. Any~~;	8634

(4) At the county auditor's discretion, the expenses incurred	8635
by the county auditor for geographic information systems, mapping	8636
programs, and technological advances in those or similar systems	8637
or programs;	8638

(5) At the county auditor's discretion, expenses incurred by	8639
the county auditor in compiling the general tax list of personal	8640
property and collecting tangible personal property taxes under	8641
Chapters 5711. and 5719. of the Revised Code;	8642

(6) At the county auditor's discretion, costs, expenses, and	8643
fees incurred by the county auditor in the collection of estate	8644
taxes under Chapter 5731. of the Revised Code.	8645

Any expenditures made from the real estate assessment fund	8646
shall comply with rules that the tax commissioner adopts under	8647
division (O) of section 5703.05 of the Revised Code. Those rules	8648
shall include a requirement that a copy of any appraisal plans,	8649
progress of work reports, contracts, or other documents required	8650
to be filed with the tax commissioner shall be filed also with the	8651
board of county commissioners.	8652

The board of county commissioners shall not transfer moneys	8653
required to be deposited in the real estate assessment fund to any	8654
other fund. Following an assessment of real property pursuant to	8655
Chapter 5713. of the Revised Code, or an assessment of a	8656
manufactured or mobile home pursuant to Chapter 4503. of the	8657
Revised Code, any moneys not expended for the purpose of defraying	8658
the cost incurred in assessing real estate or manufactured or	8659
mobile homes, or for costs related to county tax maps, or for the	8660
purpose of defraying the expenses ~~of the county board of revision~~	8661
described in divisions (B)(2), (3), (4), (5), and (6) of this	8662
section, and thereby remaining to the credit of the real estate	8663
assessment fund, shall be apportioned ratably and distributed to	8664
those taxing authorities that contributed to the fund. However, no	8665
such distribution shall be made if the amount of such unexpended	8666
moneys remaining to the credit of the real estate assessment fund	8667
does not exceed five thousand dollars.	8668

(C) None of the officers named in section 325.27 of the	8669
Revised Code shall collect any fees from the county. Each of such	8670
officers shall, at the end of each calendar year, make and file a	8671
sworn statement with the board of county commissioners of all such	8672
fees, costs, penalties, percentages, allowances, and perquisites	8673
which have been due in the officer's office and unpaid for more	8674
than one year prior to the date such statement is required to be	8675
made.	8676

Sec. 329.03. (A) As used in this section:

8677

(1) "Applicant" or "recipient" means an applicant for or	8678
participant in the Ohio works first program established under	8679
Chapter 5107. of the Revised Code or an applicant for or recipient	8680
of disability financial assistance under Chapter 5115. of the	8681
Revised Code.	8682

(2) "Voluntary direct deposit" means a system established	8683
pursuant to this section under which cash assistance payments to	8684
recipients who agree to direct deposit are made by direct deposit	8685
by electronic transfer to an account in a financial institution	8686
designated under this section.	8687

(3) "Mandatory direct deposit" means a system established	8688
pursuant to this section under which cash assistance payments to	8689
all participants in the Ohio works first program or recipients of	8690
disability financial assistance, other than those exempt under	8691
division (E) of this section, are made by direct deposit by	8692
electronic transfer to an account in a financial institution	8693
designated under this section.	8694

(B) A board of county commissioners may by adoption of a	8695
resolution require the county department of job and family	8696
services to establish a direct deposit system for distributing	8697
cash assistance payments under Ohio works first, disability	8698
financial assistance, or both, unless the director of job and	8699
family services has provided for those payments to be made by	8700
electronic benefit transfer pursuant to section 5101.33 of the	8701
Revised Code. Voluntary or mandatory direct deposit may be applied	8702
to either of the programs. The resolution shall specify for each	8703
program for which direct deposit is to be established whether	8704
direct deposit is voluntary or mandatory. The board may require	8705
the department to change or terminate direct deposit by adopting a	8706
resolution to change or terminate it. Within ninety days after	8707
adopting a resolution under this division, the board shall certify	8708
one copy of the resolution to the director of job and family	8709
services and one copy to the office of budget and management. The	8710
director of job and family services may adopt rules governing	8711
establishment of direct deposit by county departments of job and	8712
family services.	8713

The county department of job and family services shall	8714
determine what type of account will be used for direct deposit and	8715
negotiate with financial institutions to determine the charges, if	8716
any, to be imposed by a financial institution for establishing and	8717
maintaining such accounts. Under voluntary direct deposit, the	8718
county department of job and family services may pay all charges	8719
imposed by a financial institution for establishing and	8720
maintaining an account in which direct deposits are made for a	8721
recipient. Under mandatory direct deposit, the county department	8722
of job and family services shall pay all charges imposed by a	8723
financial institution for establishing and maintaining such an	8724
account. No financial institution shall impose any charge for such	8725
an account that the institution does not impose on its other	8726
customers for the same type of account. Direct deposit does not	8727
affect the exemption of Ohio works first and disability financial	8728
assistance from attachment, garnishment, or other like process	8729
afforded by sections 5107.75 and ~~5115.07~~5115.06 of the Revised	8730
Code.	8731

(C) The county department of job and family services shall,	8732
within sixty days after a resolution requiring the establishment	8733
of direct deposit is adopted, establish procedures governing	8734
direct deposit.	8735

Within one hundred eighty days after the resolution is	8736
adopted, the county department shall:	8737

(1) Inform each applicant or recipient of the procedures	8738
governing direct deposit, including in the case of voluntary	8739
direct deposit those that prescribe the conditions under which a	8740
recipient may change from one method of payment to another;	8741

(2) Obtain from each applicant or recipient an authorization	8742
form to designate a financial institution equipped for and	8743
authorized by law to accept direct deposits by electronic transfer	8744
and the account into which the applicant or recipient wishes the	8745
payments to be made, or in the case of voluntary direct deposit	8746
states the applicant's or recipient's election to receive such	8747
payments in the form of a paper warrant.	8748

The department may require a recipient to complete a new	8749
authorization form whenever the department considers it necessary.	8750

A recipient's designation of a financial institution and	8751
account shall remain in effect until withdrawn in writing or	8752
dishonored by the financial institution, except that no change may	8753
be made in the authorization form until the next eligibility	8754
redetermination of the recipient unless the department feels that	8755
good grounds exist for an earlier change.	8756

(D) An applicant or recipient without an account who either	8757
agrees or is required to receive payments by direct deposit shall	8758
have ten days after receiving the authorization form to designate	8759
an account suitable for direct deposit. If within the required	8760
time the applicant or recipient does not make the designation or	8761
requests that the department make the designation, the department	8762
shall designate a financial institution and help the recipient to	8763
open an account.	8764

(E) At the time of giving an applicant or recipient the	8765
authorization form, the county department of job and family	8766
services of a county with mandatory direct deposit shall inform	8767
each applicant or recipient of the basis for exemption and the	8768
right to request exemption from direct deposit.	8769

Under mandatory direct deposit, an applicant or recipient who	8770
wishes to receive payments in the form of a paper warrant shall	8771
record on the authorization form a request for exemption under	8772
this division and the basis for the exemption.	8773

The department shall exempt from mandatory direct deposit any	8774
recipient who requests exemption and is any of the following:	8775

(1) Over age sixty-five;

8776

(2) Blind or disabled;

8777

(3) Likely, in the judgment of the department, to be caused	8778
personal hardship by direct deposit.	8779

A recipient granted an exemption under this division shall	8780
receive payments for which the recipient is eligible in the form	8781
of paper warrants.	8782

(F) The county department of job and family services shall	8783
bear the full cost of the amount of any replacement warrant issued	8784
to a recipient for whom an authorization form as provided in this	8785
section has not been obtained within one hundred eighty days after	8786
the later of the date the board of county commissioners adopts a	8787
resolution requiring payments of financial assistance by direct	8788
deposit to accounts of recipients of Ohio works first or	8789
disability financial assistance or the date the recipient made	8790
application for assistance, and shall not be reimbursed by the	8791
state for any part of the cost. Thereafter, the county department	8792
of job and family services shall continue to bear the full cost of	8793
each replacement warrant issued until the board of county	8794
commissioners requires the county department of job and family	8795
services to obtain from each such recipient the authorization	8796
forms as provided in this section.	8797

Sec. 329.04. (A) The county department of job and family	8798
services shall have, exercise, and perform the following powers	8799
and duties:	8800

(1) Perform any duties assigned by the state department of	8801
job and family services regarding the provision of public family	8802
services, including the provision of the following services to	8803
prevent or reduce economic or personal dependency and to	8804
strengthen family life:	8805

(a) Services authorized by a Title IV-A program, as defined	8806
in section 5101.80 of the Revised Code;	8807

(b) Social services authorized by Title XX of the "Social	8808
Security Act" and provided for by section 5101.46 of the Revised	8809
Code;	8810

(c) If the county department is designated as the child	8811
support enforcement agency, services authorized by Title IV-D of	8812
the "Social Security Act" and provided for by Chapter 3125. of the	8813
Revised Code. The county department may perform the services	8814
itself or contract with other government entities, and, pursuant	8815
to division (C) of section 2301.35 and section 2301.42 of the	8816
Revised Code, private entities, to perform the Title IV-D	8817
services.	8818

(2) Administer disability financial assistance ~~under Chapter~~	8819
~~5115. of the Revised Code~~, as required by the state department of	8820
job and family services under section 5115.03 of the Revised Code;	8821

(3) Administer disability medical assistance, as required by	8822
the state department of job and family services under section	8823
5115.13 of the Revised Code;	8824

~~(3)~~(4) Administer burials insofar as the administration of	8825
burials was, prior to September 12, 1947, imposed upon the board	8826
of county commissioners and if otherwise required by state law;	8827

~~(4)~~(5) Cooperate with state and federal authorities in any	8828
matter relating to family services and to act as the agent of such	8829
authorities;	8830

~~(5)~~(6) Submit an annual account of its work and expenses to	8831
the board of county commissioners and to the state department of	8832
job and family services at the close of each fiscal year;	8833

~~(6)~~(7) Exercise any powers and duties relating to family	8834
services or workforce development activities imposed upon the	8835
county department of job and family services by law, by resolution	8836
of the board of county commissioners, or by order of the governor,	8837
when authorized by law, to meet emergencies during war or peace;	8838

~~(7)~~(8) Determine the eligibility for medical assistance of	8839
recipients of aid under Title XVI of the "Social Security Act";	8840

~~(8)~~(9) If assigned by the state director of job and family	8841
services under section 5101.515 of the Revised Code, determine	8842
applicants' eligibility for health assistance under the children's	8843
health insurance program part II;	8844

~~(9)~~(10) Enter into a plan of cooperation with the board of	8845
county commissioners under section 307.983, consult with the board	8846
in the development of the transportation work plan developed under	8847
section 307.985, establish with the board procedures under section	8848
307.986 for providing services to children whose families relocate	8849
frequently, and comply with the contracts the board enters into	8850
under sections 307.981 and 307.982 of the Revised Code that affect	8851
the county department;	8852

~~(10)~~(11) For the purpose of complying with a partnership	8853
agreement the board of county commissioners enters into under	8854
section 307.98 of the Revised Code, exercise the powers and	8855
perform the duties the partnership agreement assigns to the county	8856
department;	8857

~~(11)~~(12) If the county department is designated as the	8858
workforce development agency, provide the workforce development	8859
activities specified in the contract required by section 330.05 of	8860
the Revised Code.	8861

(B) The powers and duties of a county department of job and	8862
family services are, and shall be exercised and performed, under	8863
the control and direction of the board of county commissioners.	8864
The board may assign to the county department any power or duty of	8865
the board regarding family services and workforce development	8866
activities. If the new power or duty necessitates the state	8867
department of job and family services changing its federal cost	8868
allocation plan, the county department may not implement the power	8869
or duty unless the United States department of health and human	8870
services approves the changes.	8871

Sec. 329.051. The county department of job and family	8872
services shall make voter registration applications as prescribed	8873
by the secretary of state under section 3503.10 of the Revised	8874
Code available to persons who are applying for, receiving	8875
assistance from, or participating in any of the following:	8876

(A) The disability financial assistance program established	8877
under Chapter 5115. of the Revised Code;	8878

(B) The disability medical assistance program established	8879
under Chapter 5115. of the Revised Code;	8880

(C) The medical assistance program established under Chapter	8881
5111. of the Revised Code;	8882

~~(C)~~(D) The Ohio works first program established under Chapter	8883
5107. of the Revised Code;	8884

~~(D)~~(E) The prevention, retention, and contingency program	8885
established under Chapter 5108. of the Revised Code.	8886

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	8887
health service district comprised of a county with a population of	8888
two hundred fifty thousand or more on ~~the effective date of this~~	8889
~~section~~October 10, 1989, the board of county commissioners shall,	8890
within thirty days of ~~the effective date of this section~~October	8891
10, 1989, establish an alcohol and drug addiction services board	8892
as the entity responsible for providing alcohol and drug addiction	8893
services in the county, unless, prior to that date, the board	8894
adopts a resolution providing that the entity responsible for	8895
providing the services is a board of alcohol, drug addiction, and	8896
mental health services. If the board of county commissioners	8897
establishes an alcohol and drug addiction services board, the	8898
community mental health board established under former section	8899
340.02 of the Revised Code shall serve as the entity responsible	8900
for providing mental health services in the county. A community	8901
mental health board has all the powers, duties, and obligations of	8902
a board of alcohol, drug addiction, and mental health services	8903
with regard to mental health services. An alcohol and drug	8904
addiction services board has all the powers, duties, and	8905
obligations of a board of alcohol, drug addiction, and mental	8906
health services with regard to alcohol and drug addiction	8907
services. Any provision of the Revised Code that refers to a board	8908
of alcohol, drug addiction, and mental health services with regard	8909
to mental health services also refers to a community mental health	8910
board and any provision that refers to a board of alcohol, drug	8911
addiction, and mental health services with regard to alcohol and	8912
drug addiction services also refers to an alcohol and drug	8913
addiction services board.	8914

An alcohol and drug addiction services board shall consist of	8915
eighteen members, six of whom shall be appointed by the director	8916
of alcohol and drug addiction services and twelve of whom shall be	8917
appointed by the board of county commissioners. Of the members	8918
appointed by the director, one shall be a person who has received	8919
or is receiving services for alcohol or drug addiction, one shall	8920
be a parent or relative of such a person, one shall be a	8921
professional in the field of alcohol or drug addiction services,	8922
and one shall be an advocate for persons receiving treatment for	8923
alcohol or drug addiction. The membership of the board shall, as	8924
nearly as possible, reflect the composition of the population of	8925
the service district as to race and sex. Members shall be	8926
residents of the service district and shall be interested in	8927
alcohol and drug addiction services. Requirements for membership,	8928
including prohibitions against certain family and business	8929
relationships, and terms of office shall be the same as those for	8930
members of boards of alcohol, drug addiction, and mental health	8931
services.	8932

~~(B)~~ A community mental health board shall consist of eighteen	8933
members, six of whom shall be appointed by the director of mental	8934
health and twelve of whom shall be appointed by the board of	8935
county commissioners. Of the members appointed by the director,	8936
one shall be a person who has received or is receiving mental	8937
health services, one shall be a parent or relative of such a	8938
person, one shall be a psychiatrist or a physician, and one shall	8939
be a mental health professional. The membership of the board as	8940
nearly as possible shall reflect the composition of the population	8941
of the service district as to race and sex. Members shall be	8942
residents of the service district and shall be interested in	8943
mental health services. Requirements for membership, including	8944
prohibitions against certain family and business relationships,	8945
and terms of office shall be the same as those for members of	8946
boards of alcohol, drug addiction, and mental health services.	8947

(B) If a board of county commissioners subject to division	8948
(A) of this section did not adopt a resolution providing for a	8949
board of alcohol, drug addiction, and mental health services, the	8950
board of county commissioners may adopt a resolution providing for	8951
such a board, subject to both of the following:	8952

(1) The resolution shall be adopted not later than January 1,	8953
2004.	8954

(2) Before adopting the resolution, the board of county	8955
commissioners shall provide notice of the proposed resolution to	8956
the alcohol and drug services board and the community mental	8957
health board and shall provide both boards an opportunity to	8958
comment on the proposed resolution.	8959

Sec. 340.03. (A) Subject to rules issued by the director of	8960
mental health after consultation with relevant constituencies as	8961
required by division (A)(11) of section 5119.06 of the Revised	8962
Code, with regard to mental health services, the board of alcohol,	8963
drug addiction, and mental health services shall:	8964

(1) Serve as the community mental health planning agency for	8965
the county or counties under its jurisdiction, and in so doing it	8966
shall:	8967

(a) Evaluate the need for facilities and community mental	8968
health services;	8969

(b) In cooperation with other local and regional planning and	8970
funding bodies and with relevant ethnic organizations, assess the	8971
community mental health needs, set priorities, and develop plans	8972
for the operation of facilities and community mental health	8973
services;	8974

(c) In accordance with guidelines issued by the director of	8975
mental health after consultation with board representatives,	8976
develop and submit to the department of mental health, no later	8977
than six months prior to the conclusion of the fiscal year in	8978
which the board's current plan is scheduled to expire, a community	8979
mental health plan listing community mental health needs,	8980
including the needs of all residents of the district now residing	8981
in state mental institutions and severely mentally disabled	8982
adults, children, and adolescents; all children subject to a	8983
determination made pursuant to section 121.38 of the Revised Code;	8984
and all the facilities and community mental health services that	8985
are or will be in operation or provided during the period for	8986
which the plan will be in operation in the service district to	8987
meet such needs.	8988

The plan shall include, but not be limited to, a statement of	8989
which of the services listed in section 340.09 of the Revised Code	8990
the board intends to provide or purchase, an explanation of how	8991
the board intends to make any payments that it may be required to	8992
pay under section 5119.62 of the Revised Code, a statement of the	8993
inpatient and community-based services the board proposes that the	8994
department operate, an assessment of the number and types of	8995
residential facilities needed, and such other information as the	8996
department requests, and a budget for moneys the board expects to	8997
receive. The board shall also submit an allocation request for	8998
state and federal funds. Within sixty days after the department's	8999
determination that the plan and allocation request are complete,	9000
the department shall approve or disapprove the plan and request,	9001
in whole or in part, according to the criteria developed pursuant	9002
to section 5119.61 of the Revised Code. The department's statement	9003
of approval or disapproval shall specify the inpatient and the	9004
community-based services that the department will operate for the	9005
board. Eligibility for financial support shall be contingent upon	9006
an approved plan or relevant part of a plan.	9007

If the director disapproves all or part of any plan, the	9008
director shall inform the board of the reasons for the disapproval	9009
and of the criteria that must be met before the plan may be	9010
approved. The director shall provide the board an opportunity to	9011
present its case on behalf of the plan. The director shall give	9012
the board a reasonable time in which to meet the criteria, and	9013
shall offer the board technical assistance to help it meet the	9014
criteria.	9015

If the approval of a plan remains in dispute thirty days	9016
prior to the conclusion of the fiscal year in which the board's	9017
current plan is scheduled to expire, the board or the director may	9018
request that the dispute be submitted to a mutually agreed upon	9019
third-party mediator with the cost to be shared by the board and	9020
the department. The mediator shall issue to the board and the	9021
department recommendations for resolution of the dispute. Prior to	9022
the conclusion of the fiscal year in which the current plan is	9023
scheduled to expire, the director, taking into consideration the	9024
recommendations of the mediator, shall make a final determination	9025
and approve or disapprove the plan, in whole or in part.	9026

If a board determines that it is necessary to amend a plan or	9027
an allocation request that has been approved under division	9028
(A)(1)(c) of this section, the board shall submit a proposed	9029
amendment to the director. The director may approve or disapprove	9030
all or part of the amendment. If the director does not approve all	9031
or part of the amendment within thirty days after it is submitted,	9032
the amendment or part of it shall be considered to have been	9033
approved. The director shall inform the board of the reasons for	9034
disapproval of all or part of an amendment and of the criteria	9035
that must be met before the amendment may be approved. The	9036
director shall provide the board an opportunity to present its	9037
case on behalf of the amendment. The director shall give the board	9038
a reasonable time in which to meet the criteria, and shall offer	9039
the board technical assistance to help it meet the criteria.	9040

The board shall implement the plan approved by the	9041
department.	9042

(d) Receive, compile, and transmit to the department of	9043
mental health applications for state reimbursement;	9044

(e) Promote, arrange, and implement working agreements with	9045
social agencies, both public and private, and with judicial	9046
agencies.	9047

(2) Investigate, or request another agency to investigate,	9048
any complaint alleging abuse or neglect of any person receiving	9049
services from a community mental health agency as defined in	9050
section 5122.01 of the Revised Code, or from a residential	9051
facility licensed under section 5119.22 of the Revised Code. If	9052
the investigation substantiates the charge of abuse or neglect,	9053
the board shall take whatever action it determines is necessary to	9054
correct the situation, including notification of the appropriate	9055
authorities. Upon request, the board shall provide information	9056
about such investigations to the department.	9057

(3) For the purpose of section 5119.611 of the Revised Code,	9058
cooperate with the director of mental health in visiting and	9059
evaluating whether the services of a community mental health	9060
agency satisfy the certification standards established by rules	9061
adopted under that section;	9062

(4) In accordance with criteria established under division	9063
(G) of section 5119.61 of the Revised Code, review and evaluate	9064
the quality, effectiveness, and efficiency of services provided	9065
through its community mental health plan and submit its findings	9066
and recommendations to the department of mental health;	9067

(5) In accordance with section 5119.22 of the Revised Code,	9068
review applications for residential facility licenses and	9069
recommend to the department of mental health approval or	9070
disapproval of applications;	9071

(6) Audit, in accordance with rules adopted by the auditor of	9072
state pursuant to section 117.20 of the Revised Code, at least	9073
annually all programs and services provided under contract with	9074
the board. In so doing, the board may contract for or employ the	9075
services of private auditors. A copy of the fiscal audit report	9076
shall be provided to the director of mental health, the auditor of	9077
state, and the county auditor of each county in the board's	9078
district.	9079

(7) Recruit and promote local financial support for mental	9080
health programs from private and public sources;	9081

(8)(a) Enter into contracts with public and private	9082
facilities for the operation of facility services included in the	9083
board's community mental health plan and enter into contracts with	9084
public and private community mental health agencies for the	9085
provision of community mental health services listed in section	9086
340.09 of the Revised Code and included in the board's community	9087
mental health plan. Contracts with community mental health	9088
agencies are subject to section 5119.611 of the Revised Code.	9089
Section 307.86 of the Revised Code does not apply to contracts	9090
entered into under this division. In contracting with a community	9091
mental health agency, a board shall consider the cost	9092
effectiveness of services provided by that agency and the quality	9093
and continuity of care, and may review cost elements, including	9094
salary costs, of the services to be provided. A utilization review	9095
process shall be established as part of the contract for services	9096
entered into between a board and a community mental health agency.	9097
The board may establish this process in a way that is most	9098
effective and efficient in meeting local needs. In the case of a	9099
contract with a community mental health facility ~~described~~, as	9100
defined in ~~division (B) of~~ section 5111.022 of the Revised Code,	9101
to provide services ~~established by~~listed in division ~~(A)~~(B) of	9102
that section, the contract shall provide for the facility to be	9103
paid in accordance with the contract entered into between the	9104
departments of job and family services and mental health under	9105
~~division (E) of that~~ section 5111.91 of the Revised Code and any	9106
rules adopted under division (A) of section 5119.61 of the Revised	9107
Code.	9108

If either the board or a facility or community mental health	9109
agency with which the board contracts under division (A)(8)(a) of	9110
this section proposes not to renew the contract or proposes	9111
substantial changes in contract terms, the other party shall be	9112
given written notice at least one hundred twenty days before the	9113
expiration date of the contract. During the first sixty days of	9114
this one hundred twenty-day period, both parties shall attempt to	9115
resolve any dispute through good faith collaboration and	9116
negotiation in order to continue to provide services to persons in	9117
need. If the dispute has not been resolved sixty days before the	9118
expiration date of the contract, either party may notify the	9119
department of mental health of the unresolved dispute. The	9120
director may require both parties to submit the dispute to a third	9121
party with the cost to be shared by the board and the facility or	9122
community mental health agency. The third party shall issue to the	9123
board, the facility or agency, and the department recommendations	9124
on how the dispute may be resolved twenty days prior to the	9125
expiration date of the contract, unless both parties agree to a	9126
time extension. The director shall adopt rules establishing the	9127
procedures of this dispute resolution process.	9128

(b) With the prior approval of the director of mental health,	9129
a board may operate a facility or provide a community mental	9130
health service as follows, if there is no other qualified private	9131
or public facility or community mental health agency that is	9132
immediately available and willing to operate such a facility or	9133
provide the service:	9134

(i) In an emergency situation, any board may operate a	9135
facility or provide a community mental health service in order to	9136
provide essential services for the duration of the emergency;	9137

(ii) In a service district with a population of at least one	9138
hundred thousand but less than five hundred thousand, a board may	9139
operate a facility or provide a community mental health service	9140
for no longer than one year;	9141

(iii) In a service district with a population of less than	9142
one hundred thousand, a board may operate a facility or provide a	9143
community mental health service for no longer than one year,	9144
except that such a board may operate a facility or provide a	9145
community mental health service for more than one year with the	9146
prior approval of the director and the prior approval of the board	9147
of county commissioners, or of a majority of the boards of county	9148
commissioners if the district is a joint-county district.	9149

The director shall not give a board approval to operate a	9150
facility or provide a community mental health service under	9151
division (A)(8)(b)(ii) or (iii) of this section unless the	9152
director determines that it is not feasible to have the department	9153
operate the facility or provide the service.	9154

The director shall not give a board approval to operate a	9155
facility or provide a community mental health service under	9156
division (A)(8)(b)(iii) of this section unless the director	9157
determines that the board will provide greater administrative	9158
efficiency and more or better services than would be available if	9159
the board contracted with a private or public facility or	9160
community mental health agency.	9161

The director shall not give a board approval to operate a	9162
facility previously operated by a person or other government	9163
entity unless the board has established to the director's	9164
satisfaction that the person or other government entity cannot	9165
effectively operate the facility or that the person or other	9166
government entity has requested the board to take over operation	9167
of the facility. The director shall not give a board approval to	9168
provide a community mental health service previously provided by a	9169
community mental health agency unless the board has established to	9170
the director's satisfaction that the agency cannot effectively	9171
provide the service or that the agency has requested the board	9172
take over providing the service.	9173

The director shall review and evaluate a board's operation of	9174
a facility and provision of community mental health service under	9175
division (A)(8)(b) of this section.	9176

Nothing in division (A)(8)(b) of this section authorizes a	9177
board to administer or direct the daily operation of any facility	9178
or community mental health agency, but a facility or agency may	9179
contract with a board to receive administrative services or staff	9180
direction from the board under the direction of the governing body	9181
of the facility or agency.	9182

(9) Approve fee schedules and related charges or adopt a unit	9183
cost schedule or other methods of payment for contract services	9184
provided by community mental health agencies in accordance with	9185
guidelines issued by the department as necessary to comply with	9186
state and federal laws pertaining to financial assistance;	9187

(10) Submit to the director and the county commissioners of	9188
the county or counties served by the board, and make available to	9189
the public, an annual report of the programs under the	9190
jurisdiction of the board, including a fiscal accounting;	9191

(11) Establish, to the extent resources are available, a	9192
community support system, which provides for treatment, support,	9193
and rehabilitation services and opportunities. The essential	9194
elements of the system include, but are not limited to, the	9195
following components in accordance with section 5119.06 of the	9196
Revised Code:	9197

(a) To locate persons in need of mental health services to	9198
inform them of available services and benefits mechanisms;	9199

(b) Assistance for clients to obtain services necessary to	9200
meet basic human needs for food, clothing, shelter, medical care,	9201
personal safety, and income;	9202

(c) Mental health care, including, but not limited to,	9203
outpatient, partial hospitalization, and, where appropriate,	9204
inpatient care;	9205

(d) Emergency services and crisis intervention;

9206

(e) Assistance for clients to obtain vocational services and	9207
opportunities for jobs;	9208

(f) The provision of services designed to develop social,	9209
community, and personal living skills;	9210

(g) Access to a wide range of housing and the provision of	9211
residential treatment and support;	9212

(h) Support, assistance, consultation, and education for	9213
families, friends, consumers of mental health services, and	9214
others;	9215

(i) Recognition and encouragement of families, friends,	9216
neighborhood networks, especially networks that include racial and	9217
ethnic minorities, churches, community organizations, and	9218
meaningful employment as natural supports for consumers of mental	9219
health services;	9220

(j) Grievance procedures and protection of the rights of	9221
consumers of mental health services;	9222

(k) Case management, which includes continual individualized	9223
assistance and advocacy to ensure that needed services are offered	9224
and procured.	9225

(12) Designate the treatment program, agency, or facility for	9226
each person involuntarily committed to the board pursuant to	9227
Chapter 5122. of the Revised Code and authorize payment for such	9228
treatment. The board shall provide the least restrictive and most	9229
appropriate alternative that is available for any person	9230
involuntarily committed to it and shall assure that the services	9231
listed in section 340.09 of the Revised Code are available to	9232
severely mentally disabled persons residing within its service	9233
district. The board shall establish the procedure for authorizing	9234
payment for services, which may include prior authorization in	9235
appropriate circumstances. The board may provide for services	9236
directly to a severely mentally disabled person when life or	9237
safety is endangered and when no community mental health agency is	9238
available to provide the service.	9239

(13) Establish a method for evaluating referrals for	9240
involuntary commitment and affidavits filed pursuant to section	9241
5122.11 of the Revised Code in order to assist the probate	9242
division of the court of common pleas in determining whether there	9243
is probable cause that a respondent is subject to involuntary	9244
hospitalization and what alternative treatment is available and	9245
appropriate, if any;	9246

(14) Ensure that apartments or rooms built, subsidized,	9247
renovated, rented, owned, or leased by the board or a community	9248
mental health agency have been approved as meeting minimum fire	9249
safety standards and that persons residing in the rooms or	9250
apartments are receiving appropriate and necessary services,	9251
including culturally relevant services, from a community mental	9252
health agency. This division does not apply to residential	9253
facilities licensed pursuant to section 5119.22 of the Revised	9254
Code.	9255

(15) Establish a mechanism for involvement of consumer	9256
recommendation and advice on matters pertaining to mental health	9257
services in the alcohol, drug addiction, and mental health service	9258
district;	9259

(16) Perform the duties under section 3722.18 of the Revised	9260
Code required by rules adopted under section 5119.61 of the	9261
Revised Code regarding referrals by the board or mental health	9262
agencies under contract with the board of individuals with mental	9263
illness or severe mental disability to adult care facilities and	9264
effective arrangements for ongoing mental health services for the	9265
individuals. The board is accountable in the manner specified in	9266
the rules for ensuring that the ongoing mental health services are	9267
effectively arranged for the individuals.	9268

(B) The board shall establish such rules, operating	9269
procedures, standards, and bylaws, and perform such other duties	9270
as may be necessary or proper to carry out the purposes of this	9271
chapter.	9272

(C) A board of alcohol, drug addiction, and mental health	9273
services may receive by gift, grant, devise, or bequest any	9274
moneys, lands, or property for the benefit of the purposes for	9275
which the board is established, and may hold and apply it	9276
according to the terms of the gift, grant, or bequest. All money	9277
received, including accrued interest, by gift, grant, or bequest	9278
shall be deposited in the treasury of the county, the treasurer of	9279
which is custodian of the alcohol, drug addiction, and mental	9280
health services funds to the credit of the board and shall be	9281
available for use by the board for purposes stated by the donor or	9282
grantor.	9283

(D) No board member or employee of a board of alcohol, drug	9284
addiction, and mental health services shall be liable for injury	9285
or damages caused by any action or inaction taken within the scope	9286
of the board member's official duties or the employee's	9287
employment, whether or not such action or inaction is expressly	9288
authorized by this section, section 340.033, or any other section	9289
of the Revised Code, unless such action or inaction constitutes	9290
willful or wanton misconduct. Chapter 2744. of the Revised Code	9291
applies to any action or inaction by a board member or employee of	9292
a board taken within the scope of the board member's official	9293
duties or employee's employment. For the purposes of this	9294
division, the conduct of a board member or employee shall not be	9295
considered willful or wanton misconduct if the board member or	9296
employee acted in good faith and in a manner that the board member	9297
or employee reasonably believed was in or was not opposed to the	9298
best interests of the board and, with respect to any criminal	9299
action or proceeding, had no reasonable cause to believe the	9300
conduct was unlawful.	9301

(E) The meetings held by any committee established by a board	9302
of alcohol, drug addiction, and mental health services shall be	9303
considered to be meetings of a public body subject to section	9304
121.22 of the Revised Code.	9305

Sec. 341.05. (A) The sheriff shall assign sufficient staff	9306
to ensure the safe and secure operation of the county jail, but	9307
staff shall be assigned only to the extent such staff can be	9308
provided with funds appropriated to the sheriff at the discretion	9309
of the board of county commissioners. The staff may include any of	9310
the following:	9311

(1) An administrator for the jail;

9312

(2) Jail officers, including civilian jail officers who are	9313
not sheriff's deputies, to conduct security duties;	9314

(3) Other necessary employees to assist in the operation of	9315
the county jail.	9316

(B) The sheriff shall employ a sufficient number of female	9317
staff to be available to perform all reception and release	9318
procedures for female prisoners. These female employees shall be	9319
on duty for the duration of the confinement of the female	9320
prisoners.	9321

(C) The jail administrator and civilian jail officers	9322
appointed by the sheriff shall have all the powers of police	9323
officers on the jail grounds as are necessary for the proper	9324
performance of the duties relating to their positions at the jail	9325
and as are consistent with their level of training.	9326

(D) The sheriff may authorize civilian jail officers to wear	9327
a standard uniform consistent with their prescribed authority, in	9328
accordance with section 311.281 of the Revised Code. Civilian jail	9329
officer uniforms shall be differentiated clearly from the uniforms	9330
worn by sheriff's deputies.	9331

(E) ~~The~~Except as provided in division (B) of section 341.25	9332
of the Revised Code, the compensation of jail staff shall be	9333
payable from the general fund of the county, upon the warrant of	9334
the auditor, in accordance with standard county payroll	9335
procedures.	9336

Sec. 341.25. (A) The sheriff may establish a commissary for	9337
the jail. The commissary may be established either in-house or by	9338
another arrangement. If a commissary is established, all persons	9339
incarcerated in the jail shall receive commissary privileges. A	9340
person's purchases from the commissary shall be deducted from the	9341
person's account record in the jail's business office. The	9342
commissary shall provide for the distribution to indigent persons	9343
incarcerated in the jail necessary hygiene articles and writing	9344
materials.	9345

(B) If a commissary is established, the sheriff shall	9346
establish a commissary fund for the jail. The management of funds	9347
in the commissary fund shall be strictly controlled in accordance	9348
with procedures adopted by the auditor of state. Commissary fund	9349
revenue over and above operating costs and reserve shall be	9350
considered profits. All profits from the commissary fund shall be	9351
used to purchase supplies and equipment, and to provide life	9352
skills training and education or treatment services, or both, for	9353
the benefit of persons incarcerated in the jail, and to pay salary	9354
and benefits for employees of the sheriff who work in or are	9355
employed for the purpose of providing service to the commissary.	9356
The sheriff shall adopt rules for the operation of any commissary	9357
fund the sheriff establishes.	9358

Sec. 504.03. (A)(1) If a limited home rule government is	9359
adopted pursuant to section 504.02 of the Revised Code, it shall	9360
remain in effect for at least three years except as otherwise	9361
provided in division (B) of this section. At the end of that	9362
period, if the board of township trustees determines that that	9363
government is not in the best interests of the township, it may	9364
adopt a resolution causing the board of elections to submit to the	9365
electors of the unincorporated area of the township the question	9366
of whether the township should continue the limited home rule	9367
government. The question shall be voted upon at the next general	9368
election occurring at least seventy-five days after the	9369
certification of the resolution to the board of elections. After	9370
certification of the resolution, the board of elections shall	9371
submit the question to the electors of the unincorporated area of	9372
the township, and the ballot language shall be substantially as	9373
follows:	9374

"Shall the township of ........... (name) continue the	9375
limited home rule government under which it is operating?	9376

......		For continuation of the limited home rule government		9377
......		Against continuation of the limited home rule government"		9378

(2) At least forty-five days before the election on the	9379
question of continuing the limited home rule government, the board	9380
of township trustees shall have notice of the election published	9381
in a newspaper of general circulation in the township for three	9382
consecutive weeks and have the notice posted in five conspicuous	9383
places in the unincorporated area of the township.	9384

(B) The electors of a township that has adopted a limited	9385
home rule government may propose at any time by initiative	9386
petition, in accordance with section 504.14 of the Revised Code, a	9387
resolution submitting to the electors in the unincorporated area	9388
of the township, in an election, the question set forth in	9389
division (A)(1) of this section.	9390

(C) If a majority of the votes cast under division (A) or (B)	9391
of this section on the proposition of continuing the limited home	9392
rule government is in the negative, that government is terminated	9393
effective on the first day of January immediately following the	9394
election, and a limited home rule government shall not be adopted	9395
in the unincorporated area of the township pursuant to section	9396
504.02 of the Revised Code for at least three years after that	9397
date.	9398

(D) If a limited home rule government is terminated under	9399
this section, the board of township trustees immediately shall	9400
adopt a resolution repealing all resolutions adopted pursuant to	9401
this chapter that are not authorized by any other section of the	9402
Revised Code outside this chapter, effective on the first day of	9403
January immediately following the election described in division	9404
(A) or (B) of this section. However, no resolution adopted under	9405
this division shall affect or impair the obligations of the	9406
township under any security issued or contracts entered into by	9407
the township in connection with the financing of any water supply	9408
facility or sewer improvement under sections 504.18 to 504.20 of	9409
the Revised Code or the authority of the township to collect or	9410
enforce any assessments or other revenues constituting security	9411
for or source of payments of debt service charges of those	9412
securities.	9413

(E) Upon the termination of a limited home rule government	9414
under this section, if the township had converted its board of	9415
township trustees to a five-member board ~~under section 504.21 of~~	9416
~~the Revised Code~~before the effective date of this amendment, the	9417
current board member who received the lowest number of votes of	9418
the current board members who were elected at the most recent	9419
election for township trustees, and the current board member who	9420
received the lowest number of votes of the current board members	9421
who were elected at the second most recent election for township	9422
trustees, shall cease to be township trustees on the date that the	9423
limited home rule government terminates. Their offices likewise	9424
shall cease to exist at that time, and the board shall continue as	9425
a three-member board as provided in section 505.01 of the Revised	9426
Code.	9427

Sec. 504.04. (A) A township that adopts a limited home rule	9428
government may do all of the following by resolution, provided	9429
that any of these resolutions, other than a resolution to supply	9430
water or sewer services in accordance with sections 504.18 to	9431
504.20 of the Revised Code, may be enforced only by the imposition	9432
of civil fines as authorized in this chapter:	9433

(1) Exercise all powers of local self-government within the	9434
unincorporated area of the township, other than powers that are in	9435
conflict with general laws, except that the township shall comply	9436
with the requirements and prohibitions of this chapter, and shall	9437
enact no taxes other than those authorized by general law, and	9438
except that no resolution adopted pursuant to this chapter shall	9439
encroach upon the powers, duties, and privileges of elected	9440
township officers or change, alter, combine, eliminate, or	9441
otherwise modify the form or structure of the township government	9442
unless the change is required or permitted by this chapter;	9443

(2) Adopt and enforce within the unincorporated area of the	9444
township local police, sanitary, and other similar regulations	9445
that are not in conflict with general laws or otherwise prohibited	9446
by division (B) of this section;	9447

(3) Supply water and sewer services to users within the	9448
unincorporated area of the township in accordance with sections	9449
504.18 to 504.20 of the Revised Code.	9450

(B) No resolution adopted pursuant to this chapter shall do	9451
any of the following:	9452

(1) Create a criminal offense or impose criminal penalties,	9453
except as authorized by division (A) of this section;	9454

(2) Impose civil fines other than as authorized by this	9455
chapter;	9456

(3) Establish or revise subdivision regulations, road	9457
construction standards, urban sediment rules, or storm water and	9458
drainage regulations;	9459

(4) Establish or revise building standards, building codes,	9460
and other standard codes except as provided in section 504.13 of	9461
the Revised Code;	9462

(5) Increase, decrease, or otherwise alter the powers or	9463
duties of a township under any other chapter of the Revised Code	9464
pertaining to agriculture or the conservation or development of	9465
natural resources;	9466

(6) Establish regulations affecting hunting, trapping,	9467
fishing, or the possession, use, or sale of firearms;	9468

(7) Establish or revise water or sewer regulations, except in	9469
accordance with sections 504.18 and 504.19 of the Revised Code.	9470

Nothing in this chapter shall be construed as affecting the	9471
powers of counties with regard to the subjects listed in divisions	9472
(B)(3) to (5) of this section.	9473

(C) Under a limited home rule government, all officers shall	9474
have the qualifications, and be nominated, elected, or appointed,	9475
as provided in Chapter 505. of the Revised Code, except that the	9476
board of township trustees shall appoint a full-time or part-time	9477
law director pursuant to section 504.15 of the Revised Code, and	9478
except that ~~section 504.21 of the Revised Code also shall apply if~~	9479
a five-member board of township trustees is approved for the	9480
township before the effective date of this amendment shall	9481
continue to serve as the legislative authority with successive	9482
members serving for four-year terms of office until a termination	9483
of a limited home rule government under section 504.03 of the	9484
Revised Code.	9485

(D) In case of conflict between resolutions enacted by a	9486
board of township trustees and municipal ordinances or	9487
resolutions, the ordinance or resolution enacted by the municipal	9488
corporation prevails. In case of conflict between resolutions	9489
enacted by a board of township trustees and any county resolution,	9490
the resolution enacted by the board of township trustees prevails.	9491

Sec. 507.09. (A) Except as otherwise provided in division	9492
(D) of this section, the township clerk shall be entitled to	9493
compensation as follows:	9494

(1) In townships having a budget of fifty thousand dollars or	9495
less, three thousand five hundred dollars;	9496

(2) In townships having a budget of more than fifty thousand	9497
but not more than one hundred thousand dollars, five thousand five	9498
hundred dollars;	9499

(3) In townships having a budget of more than one hundred	9500
thousand but not more than two hundred fifty thousand dollars,	9501
seven thousand seven hundred dollars;	9502

(4) In townships having a budget of more than two hundred	9503
fifty thousand but not more than five hundred thousand dollars,	9504
nine thousand nine hundred dollars;	9505

(5) In townships having a budget of more than five hundred	9506
thousand but not more than seven hundred fifty thousand dollars,	9507
eleven thousand dollars;	9508

(6) In townships having a budget of more than seven hundred	9509
fifty thousand but not more than one million five hundred thousand	9510
dollars, thirteen thousand two hundred dollars;	9511

(7) In townships having a budget of more than one million	9512
five hundred thousand but not more than three million five hundred	9513
thousand dollars, fifteen thousand four hundred dollars;	9514

(8) In townships having a budget of more than three million	9515
five hundred thousand dollars but not more than six million	9516
dollars, sixteen thousand five hundred dollars;	9517

(9) In townships having a budget of more than six million	9518
dollars, seventeen thousand six hundred dollars.	9519

(B) Any township clerk may elect to receive less than the	9520
compensation the clerk is entitled to under division (A) of this	9521
section. Any clerk electing to do this shall so notify the board	9522
of township trustees in writing, and the board shall include this	9523
notice in the minutes of its next board meeting.	9524

(C) The compensation of the township clerk shall be paid in	9525
equal monthly payments. If the office of clerk is held by more	9526
than one person during any calendar year, each person holding the	9527
office shall receive payments for only those months, and any	9528
fractions of those months, during which the person holds the	9529
office.	9530

(D) Beginning in calendar year 1999, the township clerk shall	9531
be entitled to compensation as follows:	9532

(1) In calendar year 1999, the compensation specified in	9533
division (A) of this section increased by three per cent;	9534

(2) In calendar year 2000, the compensation determined under	9535
division (D)(1) of this section increased by three per cent;	9536

(3) In calendar year 2001, the compensation determined under	9537
division (D)(2) of this section increased by three per cent;	9538

(4) In calendar year 2002, except in townships having a	9539
budget of more than six million dollars, the compensation	9540
determined under division (D)(3) of this section increased by	9541
three per cent; in townships having a budget of more than six	9542
million but not more than ten million dollars, nineteen thousand	9543
eight hundred ten dollars; and in townships having a budget of	9544
more than ten million dollars, twenty thousand nine hundred	9545
dollars;	9546

(5) In calendar year 2003, the compensation determined under	9547
division (D)(4) of this section increased by three per cent or the	9548
percentage increase in the consumer price index as described in	9549
division (D)(7)(b) of this section, whichever percentage is lower;	9550

(6) In calendar year 2004, except in townships having a	9551
budget of more than six million dollars, the compensation	9552
determined under division (D)(5) of this section for the calendar	9553
year 2003 increased by three per cent or the percentage increase	9554
in the consumer price index as described in division (D)(7)(b) of	9555
this section, whichever percentage is lower; in townships having a	9556
budget of more than six million but not more than ten million	9557
dollars, twenty-two thousand eighty-seven dollars; and in	9558
townships having a budget of more than ten million dollars,	9559
twenty-five thousand five hundred fifty-three dollars;	9560

(7) In calendar years ~~2003~~2005 through 2008, the	9561
compensation determined under division (D) of this section for the	9562
immediately preceding calendar year increased by the lesser of the	9563
following:	9564

(a) Three per cent;

9565

(b) The percentage increase, if any, in the consumer price	9566
index over the twelve-month period that ends on the thirtieth day	9567
of September of the immediately preceding calendar year, rounded	9568
to the nearest one-tenth of one per cent;	9569

~~(6)~~(8) In calendar year 2009 and thereafter, the amount	9570
determined under division (D) of this section for calendar year	9571
2008.	9572

As used in this division, "consumer price index" has the same	9573
meaning as in section 325.18 of the Revised Code.	9574

Sec. 511.12. The board of township trustees may prepare	9575
plans and specifications and make contracts for the construction	9576
and erection of a memorial building, monument, statue, or	9577
memorial, for the purposes specified and within the amount	9578
authorized by section 511.08 of the Revised Code. If the total	9579
estimated cost of the construction and erection exceeds ~~fifteen~~	9580
twenty-five thousand dollars, the contract shall be let by	9581
competitive bidding. If the estimated cost is ~~fifteen~~twenty-five	9582
thousand dollars or less, competitive bidding may be required at	9583
the board's discretion. In making contracts under this section,	9584
the board shall be governed as follows:	9585

(A) Contracts for construction when competitive bidding is	9586
required shall be based upon detailed plans, specifications, forms	9587
of bids, and estimates of cost, adopted by the board.	9588

(B) Contracts shall be made in writing upon concurrence of a	9589
majority of the members of the board, and shall be signed by at	9590
least two of ~~such~~the members and by the contractor. If	9591
competitive bidding is required, no contract shall be made or	9592
signed until an advertisement has been placed in two newspapers,	9593
published or of general circulation in the township, for a period	9594
of thirty days.	9595

(C) No contract shall be let by competitive bidding except to	9596
the lowest and best bidder, who shall meet the requirements of	9597
section 153.54 of the Revised Code.	9598

(D) When, in the opinion of the board, it becomes necessary	9599
in the prosecution of such work to make alterations or	9600
modifications in any contract, ~~such~~the alterations or	9601
modifications shall be made only by order of the board, and ~~such~~	9602
that order shall be of no effect until the price to be paid for	9603
the work or materials under ~~such~~the altered or modified contract	9604
has been agreed upon in writing and signed by the contractor and	9605
at least two members of the board.	9606

(E) No contract or alteration or modification ~~thereof~~of it	9607
shall be valid unless made in the manner provided in this section.	9608

Sec. 511.181. If the board of park commissioners of a	9609
township park district created before 1955 is appointed by the	9610
board of township trustees, the board of township trustees may	9611
adopt a resolution to convert the parks owned and operated by the	9612
park district into parks owned and operated by the township if the	9613
township has a population of less than thirty-five thousand and a	9614
geographical area of less than fifteen square miles. Upon the	9615
adoption of that resolution, the township park district shall	9616
cease to exist, all real and personal property owned by the park	9617
district shall be transferred to the township, and the township	9618
shall assume liability with respect to all contracts and debts of	9619
the park district. All employees of the township park district	9620
whose parks are so converted into township parks shall become	9621
township employees, and the board of township trustees may retain	9622
the former park commissioners, on the terms that the trustees	9623
consider appropriate, to operate the property formerly owned by	9624
the township park district.	9625

The township shall continue to collect any taxes levied	9626
within the former township park district, and the taxes shall be	9627
deposited into the township treasury as funds to be used for the	9628
park purposes for which they were levied.	9629

Within fifteen days after the adoption of a township park	9630
district conversion resolution under this section, the clerk of	9631
the board of township trustees shall certify a copy of that	9632
resolution to the county auditor.	9633

Sec. 515.01. The board of township trustees may provide	9634
artificial lights for any road, highway, public place, or building	9635
under its supervision or control, or for any territory within the	9636
township and outside the boundaries of any municipal corporation,	9637
when the board determines that the public safety or welfare	9638
requires that ~~such~~the road, highway, public place, building, or	9639
territory shall be lighted. ~~Such~~The lighting may be procured	9640
either by the township installing a lighting system or by	9641
contracting with any person or corporation to furnish lights.	9642

If lights are furnished under contract, ~~such~~the contract may	9643
provide that the equipment employed may be owned by the township	9644
or by the person or corporation supplying it.	9645

If the board determines to procure ~~such~~ lighting by contract	9646
and the total estimated cost of the contract exceeds ~~fifteen~~	9647
twenty-five thousand dollars, the board shall prepare plans and	9648
specifications for the lighting equipment and shall, for two	9649
weeks, advertise for bids for furnishing ~~such~~the lighting	9650
equipment, either by posting ~~such~~the advertisement in three	9651
conspicuous places in the township or by publication ~~thereof~~of	9652
the advertisement once a week, for two consecutive weeks, in a	9653
newspaper of general circulation in the township. Any such	9654
contract for lighting shall be made with the lowest and best	9655
bidder.	9656

No lighting contract awarded by the board shall be made to	9657
cover a period of more than ten years. The cost of installing and	9658
operating any lighting system or any light furnished under	9659
contract shall be paid from the general fund of the township	9660
treasury.	9661

Sec. 515.07. If the total estimated cost of any lighting	9662
improvement provided for in section 515.06 of the Revised Code is	9663
~~fifteen~~twenty-five thousand dollars or less, the contract may be	9664
let without competitive bidding. When competitive bidding is	9665
required, the board of township trustees shall post, in three of	9666
the most conspicuous public places in the district, a notice	9667
specifying the number, candle power, and location of lights, and	9668
the kind of supports ~~therefore~~for the lights as provided by	9669
section 515.06 of the Revised Code, as well as the time, which	9670
shall not be less than thirty days from the posting of the	9671
notices, and the place the board will receive bids to furnish ~~such~~	9672
the lights. The board shall accept the lowest and best bid, if the	9673
successful bidder meets the requirements of section 153.54 of the	9674
Revised Code. The board may reject all bids.	9675

Sec. 715.013. (A) Except as otherwise expressly authorized by	9676
the Revised Code, no municipal corporation shall levy a tax that	9677
is the same as or similar to a tax levied under Chapter 322.,	9678
3734., 3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309.,	9679
5707., 5725., 5727., 5728., 5729., 5731., 5735., 5737., 5739.,	9680
5741., 5743., or 5749. of the Revised Code.	9681

(B) This section does not prohibit a municipal corporation	9682
from levying a tax on ~~amounts~~any of the following:	9683

(1) Amounts received for admission to any place ~~or, on and~~	9684
~~after January 1, 2002, on the~~;	9685

(2) The income of an electric company or combined company, as	9686
defined in section 5727.01 of the Revised Code;	9687

(3) On and after January 1, 2004, the income of a telephone	9688
company, as defined in section 5727.01 of the Revised Code.	9689

Sec. 718.01. (A) As used in this chapter:

9690

(1) "Adjusted federal taxable income" means federal taxable	9691
income before net operating losses and special deductions as	9692
determined under the Internal Revenue Code, adjusted as follows:	9693

(a) Deduct intangible income to the extent included in	9694
federal taxable income;	9695

(b) Add expenses incurred in the production of intangible	9696
income;	9697

(c) Add the amounts described in section 5745.042 of the	9698
Revised Code, except that "taxpayer" as used in section 5745.042	9699
of the Revised Code has the same meaning as in this section; and	9700

(d) If the taxpayer is not a C corporation and is not an	9701
individual, the taxpayer shall compute "adjusted federal taxable	9702
income" as if the taxpayer were a C corporation, but with respect	9703
to each owner-employee of the taxpayer, amounts paid or accrued to	9704
a qualified self-employed retirement plan and amounts paid or	9705
accrued to or for health insurance or life insurance shall not be	9706
allowed as a deduction.	9707

Nothing in division (A)(1) of section 718.01 of the Revised	9708
Code shall be construed as allowing the taxpayer to deduct any	9709
amount more than once.	9710

(2) "Internal Revenue Code" means the Internal Revenue Code	9711
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	9712

~~(2)~~(3) "Schedule C" means internal revenue service schedule C	9713
filed by a taxpayer pursuant to the Internal Revenue Code.	9714

~~(3)~~(4) "Form 2106" means internal revenue service form 2106	9715
filed by a taxpayer pursuant to the Internal Revenue Code.	9716

~~(4)~~(5) "Intangible income" means income of any of the	9717
following types: income yield, interest, dividends, or other	9718
income arising from the ownership, sale, exchange, or other	9719
disposition of intangible property including, but not limited to,	9720
investments, deposits, money, or credits as those terms are	9721
defined in Chapter 5701. of the Revised Code.	9722

~~(5)~~(6) "S corporation" means a corporation that has made an	9723
election under subchapter S of Chapter 1 of Subtitle A of the	9724
Internal Revenue Code for its taxable year.	9725

(7) For taxable years beginning on or after January 1, 2004,	9726
"net profit" means adjusted federal taxable income calculated on	9727
the basis of the Internal Revenue Code.	9728

(8) "Taxpayer" means a person subject to a tax on income	9729
levied by a municipal corporation.	9730

(9) "Taxable year" means the corresponding tax reporting	9731
period as prescribed for the taxpayer under the Internal Revenue	9732
Code.	9733

(10) "Tax administrator" means the individual charged with	9734
direct responsibility for administration of a tax on income levied	9735
by a municipal corporation.	9736

(B) No municipal corporation ~~with respect to that income that~~	9737
~~it may tax~~ shall tax ~~such~~ income at other than a uniform rate.	9738

(C) No municipal corporation shall levy a tax on income at a	9739
rate in excess of one per cent without having obtained the	9740
approval of the excess by a majority of the electors of the	9741
municipality voting on the question at a general, primary, or	9742
special election. The legislative authority of the municipal	9743
corporation shall file with the board of elections at least	9744
seventy-five days before the day of the election a copy of the	9745
ordinance together with a resolution specifying the date the	9746
election is to be held and directing the board of elections to	9747
conduct the election. The ballot shall be in the following form:	9748
"Shall the Ordinance providing for a ... per cent levy on income	9749
for (Brief description of the purpose of the proposed levy) be	9750
passed?	9751

FOR THE INCOME TAX

9752

AGAINST THE INCOME TAX"

9753

In the event of an affirmative vote, the proceeds of the levy	9754
may be used only for the specified purpose.	9755

(D)(1) Except as ~~otherwise~~ provided in division ~~(D)(2) or~~	9756
~~(F)(9)~~(E) of this section, no municipal corporation shall exempt	9757
from a tax on income, compensation for personal services of	9758
individuals over eighteen years of age or the net profit from a	9759
business or profession.	9760

(2) ~~The legislative authority of a municipal corporation may,~~	9761
~~by ordinance or resolution, exempt from a tax on income any~~	9762
~~compensation arising from the grant, sale, exchange, or other~~	9763
~~disposition of a stock option; the exercise of a stock option; or~~	9764
~~the sale, exchange, or other disposition of stock purchased under~~	9765
~~a stock option.~~(a) For taxable years beginning on or after	9766
January 1, 2004, no municipal corporation shall tax the net profit	9767
from a business or profession using any base other than the	9768
taxpayer's adjusted federal taxable income.	9769

(b) Division (D)(2)(a) of this section does not apply to any	9770
taxpayer required to file a return under section 5745.03 of the	9771
Revised Code or to the net profit from a sole proprietorship.	9772

(E) ~~Nothing in this section shall prevent~~Except as provided	9773
in division (D)(2) of this section, a municipal corporation ~~from~~	9774
~~permitting~~may permit lawful deductions as prescribed by	9775
ordinance. The legislative authority of a municipal corporation	9776
may, by ordinance or resolution, exempt from a tax on income any	9777
compensation arising from the grant, sale, exchange, or other	9778
disposition of a stock option, the exercise of a stock option, or	9779
the sale, exchange, or other disposition of stock purchased under	9780
a stock option. If ~~a taxpayer's~~an individual's taxable income	9781
includes income against which the taxpayer has taken a deduction	9782
for federal income tax purposes as reportable on the taxpayer's	9783
form 2106, and against which a like deduction has not been allowed	9784
by the municipal corporation, the municipal corporation shall	9785
deduct from the taxpayer's taxable income an amount equal to the	9786
deduction shown on such form allowable against such income, to the	9787
extent not otherwise so allowed as a deduction by the municipal	9788
corporation. In	9789

In the case of a taxpayer who has a net profit from a	9790
business or profession that is operated as a sole proprietorship,	9791
no municipal corporation may tax or use as the base for	9792
determining the amount of the net profit that shall be considered	9793
as having a taxable situs in the municipal corporation, ~~a greater~~	9794
~~amount than the net profit reported by the taxpayer on schedule C~~	9795
~~filed in reference to the year in question as taxable income from~~	9796
~~such sole proprietorship, except as otherwise specifically~~	9797
~~provided by ordinance or regulation~~an amount other than the net	9798
profit required to be reported by the taxpayer on schedule C as	9799
taxable income from such sole proprietorship for the taxable year,	9800
but such amount shall be increased in accordance with the	9801
principles and concepts described in section 5745.042 of the	9802
Revised Code as if the taxpayer were a C corporation.	9803

(F) A municipal corporation shall not tax any of the	9804
following:	9805

(1) The military pay or allowances of members of the armed	9806
forces of the United States and of members of their reserve	9807
components, including the Ohio national guard;	9808

(2) The income of religious, fraternal, charitable,	9809
scientific, literary, or educational institutions to the extent	9810
that such income is derived from tax-exempt real estate,	9811
tax-exempt tangible or intangible property, or tax-exempt	9812
activities;	9813

(3) Except as otherwise provided in division (G) of this	9814
section, intangible income;	9815

(4) Compensation paid under section 3501.28 or 3501.36 of the	9816
Revised Code to a person serving as a precinct election official,	9817
to the extent that such compensation does not exceed one thousand	9818
dollars annually. Such compensation in excess of one thousand	9819
dollars may be subjected to taxation by a municipal corporation. A	9820
municipal corporation shall not require the payer of such	9821
compensation to withhold any tax from that compensation.	9822

(5) Compensation paid to an employee of a transit authority,	9823
regional transit authority, or regional transit commission created	9824
under Chapter 306. of the Revised Code for operating a transit bus	9825
or other motor vehicle for the authority or commission in or	9826
through the municipal corporation, unless the bus or vehicle is	9827
operated on a regularly scheduled route, the operator is subject	9828
to such a tax by reason of residence or domicile in the municipal	9829
corporation, or the headquarters of the authority or commission is	9830
located within the municipal corporation;	9831

(6) The income of a public utility, when that public utility	9832
is subject to the tax levied under section 5727.24 or 5727.30 of	9833
the Revised Code, except ~~starting January 1, 2002, the income of~~	9834
~~an electric company or combined company, as defined in section~~	9835
~~5727.01 of the Revised Code, may be taxed by~~ a municipal	9836
corporation may tax the following, subject to Chapter 5745. of the	9837
Revised Code:	9838

(a) Beginning January 1, 2002, the income of an electric	9839
company or combined company;	9840

(b) Beginning January 1, 2004, the income of a telephone	9841
company.	9842

As used in division (F)(6) of this section, "combined	9843
company," "electric company," and "telephone company" have the	9844
same meanings as in section 5727.01 of the Revised Code.	9845

(7) On and after January 1, 2003, items excluded from federal	9846
gross income pursuant to section 107 of the Internal Revenue Code;	9847

(8) On and after January 1, 2001, compensation paid to a	9848
nonresident individual to the extent prohibited under section	9849
718.011 of the Revised Code;	9850

(9) Except as provided in division (H) of this section, an S	9851
corporation shareholder's distributive share of net profits of the	9852
S corporation, other than any part of the distributive share of	9853
net profits that represents wages as defined in section 3121(a) of	9854
the Internal Revenue Code or net earnings from self-employment as	9855
defined in section 1402(a) of the Internal Revenue Code, to the	9856
extent such distributive share would not be allocated or	9857
apportioned to this state under division (B)(1) and (2) of section	9858
5733.05 of the Revised Code if the S corporation were a	9859
corporation subject to the taxes imposed under Chapter 5733. of	9860
the Revised Code.	9861

(G) Any municipal corporation that taxes any type of	9862
intangible income on March 29, 1988, pursuant to Section 3 of	9863
Amended Substitute Senate Bill No. 238 of the 116th general	9864
assembly, may continue to tax that type of income after 1988 if a	9865
majority of the electors of the municipal corporation voting on	9866
the question of whether to permit the taxation of that type of	9867
intangible income after 1988 vote in favor thereof at an election	9868
held on November 8, 1988.	9869

(H) Any municipal corporation that, on December 6, 2002,	9870
taxes an S corporation shareholder's distributive share of net	9871
profits of the S corporation to any greater extent than that	9872
permitted under division (F)(9) of this section may continue after	9873
2002 to tax such distributive shares to such greater extent only	9874
if a majority of the electors of the municipal corporation voting	9875
on the question of such continuation vote in favor thereof at an	9876
election held on November 4, 2003. If a majority of electors vote	9877
in favor of that question, then, for purposes of section 718.14 of	9878
the Revised Code, "pass-through entity" includes S corporations,	9879
"income from a pass-through entity" includes distributive shares	9880
from an S corporation, and "owner" includes a shareholder of an S	9881
corporation, notwithstanding that section to the contrary.	9882

(I) Nothing in this section or section 718.02 of the Revised	9883
Code shall authorize the levy of any tax on income that a	9884
municipal corporation is not authorized to levy under existing	9885
laws or shall require a municipal corporation to allow a deduction	9886
from taxable income for losses incurred from a sole proprietorship	9887
or partnership.	9888

Sec. 718.02. This section does not apply to ~~electric~~	9889
~~companies or combined companies, or to electric light companies~~	9890
~~for which an election made under section 5745.031~~taxpayers that	9891
are subject to and required to file reports under Chapter 5745. of	9892
the Revised Code ~~is in effect~~.	9893

(A) ~~In the taxation of income that is subject to municipal~~	9894
~~income taxes, if the books and records of a taxpayer conducting a~~	9895
~~business or profession both within and without the boundaries of a~~	9896
~~municipal corporation disclose with reasonable accuracy what~~	9897
~~portion of its net profit is attributable to that part of the~~	9898
~~business or profession conducted within the boundaries of the~~	9899
~~municipal corporation, then only such portion shall be considered~~	9900
~~as having a taxable situs in such municipal corporation for~~	9901
~~purposes of municipal income taxation. In the absence of such~~	9902
~~records, net~~Net profit from a business or profession conducted	9903
both within and without the boundaries of a municipal corporation	9904
shall be considered as having a taxable situs in such municipal	9905
corporation for purposes of municipal income taxation in the same	9906
proportion as the average ratio of the following:	9907

(1) The average ~~net book value~~original cost of the real and	9908
tangible personal property owned or used by the taxpayer in the	9909
business or profession in such municipal corporation during the	9910
taxable period to the average ~~net book value~~original cost of all	9911
of the real and tangible personal property owned or used by the	9912
taxpayer in the business or profession during the same period,	9913
wherever situated.	9914

As used in the preceding paragraph, real property shall	9915
include property rented or leased by the taxpayer and the value of	9916
such property shall be determined by multiplying the annual rental	9917
thereon by eight;	9918

(2) Wages, salaries, and other compensation paid during the	9919
taxable period to persons employed in the business or profession	9920
for services performed in such municipal corporation to wages,	9921
salaries, and other compensation paid during the same period to	9922
persons employed in the business or profession, wherever their	9923
services are performed, excluding compensation that is not taxable	9924
by the municipal corporation under section 718.011 of the Revised	9925
Code;	9926

(3) Gross receipts of the business or profession from sales	9927
made and services performed during the taxable period in such	9928
municipal corporation to gross receipts of the business or	9929
profession during the same period from sales and services,	9930
wherever made or performed.	9931

If the foregoing ~~allocation~~apportionment formula does not	9932
produce an equitable result, another basis may be substituted,	9933
under uniform regulations, so as to produce an equitable result.	9934
If, for any taxable year, the application of the foregoing	9935
apportionment formula produces an amount less than zero, the	9936
taxpayer shall not be entitled to a refund with respect to that	9937
taxable year of any amounts other than amounts the taxpayer has	9938
paid in estimated taxes for the taxable year and any overpayment	9939
from a previous taxable year credited towards the taxable year for	9940
which the foregoing apportionment formula produces an amount less	9941
than zero.	9942

(B) As used in division (A) of this section, "sales made in a	9943
municipal corporation" mean:	9944

(1) All sales of tangible personal property delivered within	9945
such municipal corporation regardless of where title passes if	9946
shipped or delivered from a stock of goods within such municipal	9947
corporation;	9948

(2) All sales of tangible personal property delivered within	9949
such municipal corporation regardless of where title passes even	9950
though transported from a point outside such municipal corporation	9951
if the taxpayer is regularly engaged through its own employees in	9952
the solicitation or promotion of sales within such municipal	9953
corporation and the sales result from such solicitation or	9954
promotion;	9955

(3) All sales of tangible personal property shipped from a	9956
place within such municipal corporation to purchasers outside such	9957
municipal corporation regardless of where title passes if the	9958
taxpayer is not, through its own employees, regularly engaged in	9959
the solicitation or promotion of sales at the place where delivery	9960
is made.	9961

Sec. 718.021. (A) As used in this section:

9962

(1) "Apportioned net income" means the amount derived from	9963
the application of the apportionment formula described in section	9964
718.02 of the Revised Code.	9965

(2) "Loss-generating taxable year" means a taxable year in	9966
which the taxpayer has negative apportioned net income.	9967

(3) "Negative apportioned net income" means apportioned net	9968
income that is less than zero, except that if, for any taxable	9969
year, a taxpayer was not subject to the income tax imposed by a	9970
municipal corporation or was exempt from that tax, then the	9971
taxpayer's negative apportioned net income with respect to that	9972
municipal corporation is zero for that taxable year.	9973

(4) "Positive apportioned net income" means apportioned net	9974
income greater than zero.	9975

(B)(1) If a taxpayer has negative apportioned net income for	9976
a taxable year beginning on or after January 1, 2004, with respect	9977
to a municipal income tax, then for each of the next five ensuing	9978
taxable years, the taxpayer may reduce any positive apportioned	9979
net income with respect to the municipal corporation in which the	9980
negative apportioned net income was generated by the lesser of:	9981

(a) The positive apportioned net income for that ensuing	9982
taxable year; or	9983

(b) The absolute value of the negative apportioned net income	9984
attributable to the loss-generating taxable year reduced by any	9985
amount the taxpayer was allowed to deduct under this section in	9986
any of the previous taxable years.	9987

(2) If, during a period of five consecutive taxable years, a	9988
taxpayer has negative apportioned net income in more than one	9989
taxable year, the negative apportioned net income generated in the	9990
earliest of those taxable years shall be the first negative	9991
apportioned net income deducted under this section.	9992

(C) Nothing in this section allows any negative apportioned	9993
net income for a taxable year to be deducted more than once in any	9994
subsequent taxable year.	9995

(D) Nothing in this section allows any negative apportioned	9996
net income for a taxable year to be deducted in any subsequent	9997
taxable year beginning more than five years after the beginning of	9998
the loss-generating taxable year.	9999

(E) Nothing in this section denies a taxpayer any net	10000
operating loss deductions for any losses arising in taxable years	10001
beginning before 2004 if such deductions are permitted by a	10002
municipal corporation's ordinance.	10003

Sec. 718.03. (A) As used in this section:

10004

(1) "Other payer" means any person, other than an	10005
individual's employer or the employer's agent, that pays an	10006
individual any item included in the taxable income of the	10007
individual.	10008

(2) "Qualifying wages" means wages, as defined in section	10009
3121 of the Internal Revenue Code, adjusted as follows:	10010

(a) Deduct any amount included in wages to the extent the	10011
amount constitutes compensation attributable to a nonqualified	10012
deferred compensation plan or program described in section	10013
3121(v)(2)(C) of the Internal Revenue Code and is not included in	10014
any person's federal gross income.	10015

(b) Add any amount not included in wages to the extent the	10016
amount constitutes compensation attributable to a nonqualified	10017
deferred compensation plan or program described in section	10018
3121(v)(2)(C) of the Internal Revenue Code if the amount is	10019
included in any person's federal gross income, but only to the	10020
extent the municipal corporation did not impose its tax on that	10021
amount of nonqualified deferred compensation at the time the	10022
compensation was deferred.	10023

(c) Add any amount not included in wages to the extent the	10024
amount has been directly or indirectly paid to or for the benefit	10025
of any employee, payee, or former employee and is excluded from	10026
the employee's, payee's, or former employee's federal gross income	10027
under section 125 of the Internal Revenue Code.	10028

(B) For taxable years beginning after 2003, no municipal	10029
corporation shall require any employer or any agent of any	10030
employer or any other payer, to withhold tax from any compensation	10031
greater than qualifying wages directly or indirectly paid to or	10032
for the benefit of any employee or payee or former employee.	10033
Nothing in this section prohibits an employer from withholding	10034
amounts on a basis greater than qualifying wages.	10035

(C)(1) The failure of an employer to withhold tax as required	10036
by a municipal corporation does not relieve an employee from	10037
liability for the tax.	10038

(2) The failure of an employer to remit to the municipal	10039
corporation the tax withheld relieves the employee from liability	10040
for that tax unless the employee colluded with the employer to	10041
fail to remit the tax withheld.	10042

(D) The exemption of compensation from withholding under this	10043
section does not exempt that compensation from taxation as	10044
otherwise provided by law.	10045

Sec. 718.031. The tax administrator may require each	10046
employer, on or before the last day of February of each year, to	10047
notify the administrator of the name, address, and social security	10048
number of each employee for whom the employer deferred	10049
compensation, other than qualified deferred compensation, during	10050
the previous calendar year. The notification shall also include	10051
the amount so deferred for each employee.	10052

Sec. 718.05. (A) As used in this section:

10053

(1) "Generic form" means an electronic or paper form designed	10054
for reporting estimated municipal income taxes and annual	10055
municipal income tax liability or for filing a refund claim that	10056
is not prescribed by a particular municipal corporation for the	10057
reporting of that municipal corporation's tax on income.	10058

(2) "Return preparer" means any person other than a taxpayer	10059
that is authorized by a taxpayer to complete or file an income tax	10060
return, report, or other document for or on behalf of the	10061
taxpayer.	10062

(B) A municipal corporation shall not require a taxpayer to	10063
file an annual income tax return or report prior to the filing	10064
date for the corresponding tax reporting period as prescribed for	10065
such a taxpayer under the Internal Revenue Code. For taxable years	10066
beginning after 2003, except as otherwise provided in section	10067
718.051 of the Revised Code and division (D) of this section, a	10068
municipal corporation shall not require a taxpayer to file an	10069
annual income tax return or report on any date other than the	10070
fifteenth day of the fourth month following the end of the	10071
taxpayer's taxable year.	10072

(C) On and after January 1, 2001, any municipal corporation	10073
that requires taxpayers to file income tax returns, reports, or	10074
other documents shall accept for filing a generic form of such a	10075
return, report, or document if the generic form, once completed	10076
and filed, contains all of the information required to be	10077
submitted with the municipal corporation's prescribed returns,	10078
reports, or documents, and if the taxpayer or return preparer	10079
filing the generic form otherwise complies with rules or	10080
ordinances of the municipal corporation governing the filing of	10081
returns, reports, or documents.	10082

(D) ~~Beginning~~Except as otherwise provided in section 718.051	10083
of the Revised Code, beginning January 1, 2001, any taxpayer that	10084
has requested an extension for filing a federal income tax return	10085
may request an extension for the filing of a municipal income tax	10086
return. The taxpayer shall make the request by filing a copy of	10087
the taxpayer's request for a federal filing extension with the	10088
individual or office charged with the administration of the	10089
municipal income tax. The request for extension shall be filed not	10090
later than the last day for filing the municipal income tax return	10091
as prescribed by ordinance or rule of the municipal corporation. A	10092
municipal corporation shall grant such a request for extension	10093
filed before January 1, 2004, for a period not less than the	10094
period of the federal extension request. For taxable years	10095
beginning after 2003, the extended due date of the municipal	10096
income tax return shall be the last day of the month to which the	10097
due date of the federal income tax return has been extended. A	10098
municipal corporation may deny a taxpayer's request for extension	10099
only if the taxpayer fails to timely file the request, fails to	10100
file a copy of the request for the federal extension, owes the	10101
municipal corporation any delinquent income tax or any penalty,	10102
interest, assessment, or other charge for the late payment or	10103
nonpayment of income tax, or has failed to file any required	10104
income tax return, report, or other related document for a prior	10105
tax period. The granting of an extension for filing a municipal	10106
corporation income tax return does not extend the last date for	10107
paying the tax without penalty unless the municipal corporation	10108
grants an extension of that date.	10109

Sec. 718.051. (A) As used in this section, "Ohio business	10110
gateway" means the online computer network system, initially	10111
created by the department of administrative services under section	10112
125.30 of the Revised Code, that allows private businesses to	10113
electronically file business reply forms with state agencies.	10114

(B) Notwithstanding section 718.05 of the Revised Code, on	10115
and after January 1, 2005, any taxpayer that is subject to any	10116
municipal corporation's tax on the net profit from a business or	10117
profession and has received an extension to file the federal	10118
income tax return shall not be required to notify the municipal	10119
corporation of the federal extension and shall not be required to	10120
file any municipal income tax return until the last day of the	10121
month to which the due date for filing the federal return has been	10122
extended, provided that, on or before the date for filing the	10123
municipal income tax return, the person notifies the tax	10124
commissioner of the federal extension through the Ohio business	10125
gateway or any successor electronic filing and payment system.	10126

(C) For taxable years beginning on or after January 1, 2005,	10127
a taxpayer subject to any municipal corporation's tax on the net	10128
profit from a business or profession may file any municipal income	10129
tax return or estimated municipal income return, and may make	10130
payment of amounts shown to be due on such returns, by using the	10131
Ohio business gateway or any successor electronic filing and	10132
payment system.	10133

(D)(1) As used in this division, "qualifying wages" has the	10134
same meaning as in section 718.03 of the Revised Code.	10135

(2) Any employer may report the amount of municipal income	10136
tax withheld from qualifying wages paid on or after January 1,	10137
2007, and may make remittance of such amounts, by using the Ohio	10138
business gateway or any successor electronic filing and payment	10139
system.	10140

(E) Nothing in this section affects the due dates for filing	10141
income tax returns or employer withholding tax returns or for	10142
paying any amounts shown to be due on such returns.	10143

(F) No municipal corporation shall be required to pay any fee	10144
or charge for the operation or maintenance of the Ohio business	10145
gateway.	10146

(G) The use of the Ohio business gateway by municipal	10147
corporations, taxpayers, or other persons pursuant to this section	10148
does not affect the legal rights of municipalities or taxpayers as	10149
otherwise permitted by law. This state shall not be a party to the	10150
administration of municipal income taxes or to an appeal of a	10151
municipal income tax matter, except as otherwise specifically	10152
provided by law.	10153

Sec. 718.11. ~~As used in this section, "tax administrator"~~	10154
~~means the individual charged with direct responsibility for~~	10155
~~administration of a tax levied by a municipal corporation on~~	10156
~~income.~~	10157

~~Not later than one hundred eighty days after the effective~~	10158
~~date of this section, the~~The legislative authority of each	10159
municipal corporation that imposes a tax on income ~~on that~~	10160
~~effective date~~ shall ~~establish by ordinance~~maintain a board to	10161
hear appeals as provided in this section. The legislative	10162
authority of any municipal corporation that does not impose a tax	10163
on income on the effective date of this ~~section~~amendment, but	10164
that imposes such a tax after that date, shall establish such a	10165
board by ordinance not later than one hundred eighty days after	10166
the tax takes effect.	10167

Whenever a tax administrator issues a decision regarding a	10168
municipal income tax obligation that is subject to appeal as	10169
provided in this section or in an ordinance or regulation of the	10170
municipal corporation, the tax administrator shall notify the	10171
taxpayer in writing at the same time of the taxpayer's right to	10172
appeal the decision and of the manner in which the taxpayer may	10173
appeal the decision.	10174

Any person who is aggrieved by a decision by the tax	10175
administrator and who has filed with the municipal corporation the	10176
required returns or other documents pertaining to the municipal	10177
income tax obligation at issue in the decision may appeal the	10178
decision to the board created pursuant to this section by filing a	10179
request with the board. The request shall be in writing, shall	10180
state why the decision should be deemed incorrect or unlawful, and	10181
shall be filed within thirty days after the tax administrator	10182
issues the decision complained of.	10183

The board shall schedule a hearing within forty-five days	10184
after receiving the request, unless the taxpayer waives a hearing.	10185
If the taxpayer does not waive the hearing, the taxpayer may	10186
appear before the board and may be represented by an attorney at	10187
law, certified public accountant, or other representative.	10188

The board may affirm, reverse, or modify the tax	10189
administrator's decision or any part of that decision. The board	10190
shall issue a final decision on the appeal within ninety days	10191
after the board's final hearing on the appeal, and send ~~notice~~a	10192
copy of its final decision by ordinary mail to the petitioner	10193
within fifteen days after issuing the decision. The taxpayer may	10194
appeal the board's decision to the board of tax appeals as	10195
provided in section 5717.011 of the Revised Code.	10196

Each board of appeal created pursuant to this section shall	10197
adopt rules governing its procedures and shall keep a record of	10198
its transactions. Such records are not public records available	10199
for inspection under section 149.43 of the Revised Code. Hearings	10200
requested by a taxpayer before a board of appeal created pursuant	10201
to this section are not meetings of a public body subject to	10202
section 121.22 of the Revised Code.	10203

Sec. 718.121. (A) If tax or withholding is erroneously paid	10204
to a municipal corporation on income or wages, and if another	10205
municipal corporation imposes a tax on that income or wages after	10206
the time period allowed for a refund of the tax or withholding	10207
paid to the first municipal corporation, the second municipal	10208
corporation shall allow a nonrefundable credit, against the tax or	10209
withholding the second municipality claims is due, equal to the	10210
tax or withholding paid to the first municipal corporation.	10211

(B) If tax or withholding was paid to a municipal corporation	10212
on nonqualified deferred compensation for a previous taxable year	10213
in which the compensation was deferred, and if another municipal	10214
corporation imposes tax for the current taxable year on the	10215
compensation when it is paid in that current taxable year, then	10216
the second municipal corporation shall allow a credit for the tax	10217
paid to the first municipal corporation to the same extent that	10218
the second municipal corporation would allow a credit if the tax	10219
had been paid to the first municipal corporation in the current	10220
taxable year.	10221

Sec. 718.15. A municipal corporation, by ordinance, may	10222
grant a refundable or nonrefundable credit against its tax on	10223
income to a taxpayer that also receives a tax credit under section	10224
122.17 of the Revised Code. If a credit is granted under this	10225
section, it shall be measured as a percentage of the new income	10226
tax revenue the municipal corporation derives from new employees	10227
of the taxpayer and shall be for a term not exceeding ~~ten~~fifteen	10228
years. Before the municipal corporation passes an ordinance	10229
granting a credit, the municipal corporation and the taxpayer	10230
shall enter into an agreement specifying all the conditions of the	10231
credit.	10232

Sec. 718.151. A municipal corporation, by ordinance, may	10233
grant a nonrefundable credit against its tax on income to a	10234
taxpayer that also receives a tax credit under section 122.171 of	10235
the Revised Code. If a credit is granted under this section, it	10236
shall be measured as a percentage of the income tax revenue the	10237
municipal corporation derives from the retained employees of the	10238
taxpayer, and shall be for a term not exceeding ~~ten~~fifteen years.	10239
Before a municipal corporation passes an ordinance allowing such a	10240
credit, the municipal corporation and the taxpayer shall enter	10241
into an agreement specifying all the conditions of the credit.	10242

Sec. 731.14. All contracts made by the legislative authority	10243
of a village shall be executed in the name of the village and	10244
signed on its behalf by the mayor and clerk. Except where the	10245
contract is for equipment, services, materials, or supplies to be	10246
purchased under division (D) of section 713.23 or section 125.04	10247
or 5513.01 of the Revised Code or available from a qualified	10248
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	10249
Revised Code, when any expenditure, other than the compensation of	10250
persons employed ~~therein~~in the village, exceeds ~~fifteen~~	10251
twenty-five thousand dollars, such contracts shall be in writing	10252
and made with the lowest and best bidder after advertising for not	10253
less than two nor more than four consecutive weeks in a newspaper	10254
of general circulation within the village. The bids shall be	10255
opened and shall be publicly read by the clerk of ~~such~~the village	10256
or a person designated by the clerk at the time, date, and place	10257
specified in the advertisement to bidders or specifications. The	10258
time, date, and place of bid openings may be extended to a later	10259
date by the legislative authority of the village, provided that	10260
written or oral notice of the change shall be given to all persons	10261
who have received or requested specifications no later than	10262
ninety-six hours prior to the original time and date fixed for the	10263
opening. This section does not apply to those villages that have	10264
provided for the appointment of a village administrator under	10265
section 735.271 of the Revised Code.	10266

Sec. 731.141. In those villages that have established the	10267
position of village administrator, as provided by section 735.271	10268
of the Revised Code, the village administrator shall make	10269
contracts, purchase supplies and materials, and provide labor for	10270
any work under the administrator's supervision involving not more	10271
than ~~fifteen~~twenty-five thousand dollars. When an expenditure,	10272
other than the compensation of persons employed by the village,	10273
exceeds ~~fifteen~~twenty-five thousand dollars, ~~such~~the expenditure	10274
shall first be authorized and directed by ordinance of the	10275
legislative authority of the village. When so authorized and	10276
directed, except where the contract is for equipment, services,	10277
materials, or supplies to be purchased under division (D) of	10278
section 713.23 or section 125.04 or 5513.01 of the Revised Code or	10279
available from a qualified nonprofit agency pursuant to sections	10280
4115.31 to 4115.35 of the Revised Code, the village administrator	10281
shall make a written contract with the lowest and best bidder	10282
after advertisement for not less than two nor more than four	10283
consecutive weeks in a newspaper of general circulation within the	10284
village. The bids shall be opened and shall be publicly read by	10285
the village administrator or a person designated by the village	10286
administrator at the time, date, and place as specified in the	10287
advertisement to bidders or specifications. The time, date, and	10288
place of bid openings may be extended to a later date by the	10289
village administrator, provided that written or oral notice of the	10290
change shall be given to all persons who have received or	10291
requested specifications no later than ninety-six hours prior to	10292
the original time and date fixed for the opening. All contracts	10293
shall be executed in the name of the village and signed on its	10294
behalf by the village administrator and the clerk.	10295

The legislative authority of a village may provide, by	10296
ordinance, for central purchasing for all offices, departments,	10297
divisions, boards, and commissions of the village, under the	10298
direction of the village administrator, who shall make contracts,	10299
purchase supplies or materials, and provide labor for any work of	10300
the village in the manner provided by this section.	10301

Sec. 735.05. The director of public service may make any	10302
contract, purchase supplies or material, or provide labor for any	10303
work under the supervision of the department of public service	10304
involving not more than ~~fifteen~~twenty-five thousand dollars. When	10305
an expenditure within the department, other than the compensation	10306
of persons employed ~~therein~~in the department, exceeds ~~fifteen~~	10307
twenty-five thousand dollars, ~~such~~the expenditure shall first be	10308
authorized and directed by ordinance of the city legislative	10309
authority. When so authorized and directed, except where the	10310
contract is for equipment, services, materials, or supplies to be	10311
purchased under division (D) of section 713.23 or section 125.04	10312
or 5513.01 of the Revised Code or available from a qualified	10313
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	10314
Revised Code, the director shall make a written contract with the	10315
lowest and best bidder after advertisement for not less than two	10316
nor more than four consecutive weeks in a newspaper of general	10317
circulation within the city.	10318

Sec. 737.03. The director of public safety shall manage, and	10319
make all contracts with reference to ~~the~~ police stations, fire	10320
houses, reform schools, infirmaries, hospitals, workhouses, farms,	10321
pesthouses, and all other charitable and reformatory institutions.	10322
In the control and supervision of those institutions, the director	10323
shall be governed by the provisions of Title VII of the Revised	10324
Code relating to those institutions.	10325

The director may make all contracts and expenditures of money	10326
for acquiring lands for the erection or repairing of station	10327
houses, police stations, fire department buildings, fire cisterns,	10328
and plugs, that are required, for the purchase of engines,	10329
apparatus, and all other supplies necessary for the police and	10330
fire departments, and for other undertakings and departments under	10331
the director's supervision, but no obligation involving an	10332
expenditure of more than ~~fifteen~~twenty-five thousand dollars	10333
shall be created unless first authorized and directed by	10334
ordinance. In making, altering, or modifying those contracts, the	10335
director shall be governed by sections 735.05 to 735.09 of the	10336
Revised Code, except that all bids shall be filed with and opened	10337
by the director. The director shall make no sale or disposition of	10338
any property belonging to the city without first being authorized	10339
by resolution or ordinance of the city legislative authority.	10340

Sec. 753.22. (A) The director of public safety or the joint	10341
board established pursuant to section 753.15 of the Revised Code	10342
may establish a commissary for the workhouse. The commissary may	10343
be established either in-house or by another arrangement. If a	10344
commissary is established, all persons incarcerated in the	10345
workhouse shall receive commissary privileges. A person's	10346
purchases from the commissary shall be deducted from the person's	10347
account record in the workhouse's business office. The commissary	10348
shall provide for the distribution to indigent persons	10349
incarcerated in the workhouse necessary hygiene articles and	10350
writing materials.	10351

(B) If a commissary is established, the director of public	10352
safety or the joint board established pursuant to section 753.15	10353
of the Revised Code shall establish a commissary fund for the	10354
workhouse. The management of funds in the commissary fund shall be	10355
strictly controlled in accordance with procedures adopted by the	10356
auditor of state. Commissary fund revenue over and above operating	10357
costs and reserve shall be considered profits. All profits from	10358
the commissary fund shall be used to purchase supplies and	10359
equipment for the benefit of persons incarcerated in the workhouse	10360
and to pay salary and benefits for employees of the workhouse, or	10361
for any other persons, who work in or are employed for the sole	10362
purpose of providing service to the commissary. The director of	10363
public safety or the joint board established pursuant to section	10364
753.15 of the Revised Code shall adopt rules and regulations for	10365
the operation of any commissary fund the director or the joint	10366
board establishes.	10367

Sec. 901.17. ~~(A)~~ The division of markets ~~shall~~may do all of	10368
the following:	10369

~~(1)~~(A) Investigate the cost of production and marketing in	10370
all its phases;	10371

~~(2)~~(B) Gather and disseminate information concerning supply,	10372
demand, prevailing prices, and commercial movements, including	10373
common and cold storage of food products, and maintain market news	10374
service for disseminating such information;	10375

~~(3)~~(C) Promote, assist, and encourage the organization and	10376
operation of cooperative and other associations and organizations	10377
for improving the relations and services among producers,	10378
distributors, and consumers of food products;	10379

~~(4)~~(D) Investigate the practice, methods, and any specific	10380
transaction of commission merchants and others who receive,	10381
solicit, buy, or handle on commission or otherwise, food products;	10382

~~(5)~~(E) Act as mediator or arbitrator, when invited, in any	10383
controversy or issue that arises between producers and	10384
distributors and that affects the interest of the consumer;	10385

~~(6)~~(F) Act on behalf of the consumers in conserving and	10386
protecting their interests in every practicable way against	10387
excessive prices;	10388

~~(7)~~(G) Act as market adviser for producers and distributors,	10389
assisting them in economical and efficient distribution of good	10390
products at fair prices;	10391

~~(8)~~(H) Encourage the establishment of retail municipal	10392
markets and develop direct dealing between producers and	10393
consumers;	10394

~~(9)~~(I) Encourage the consumption of Ohio-grown products	10395
within the state, nationally, and internationally~~, and inspect and~~	10396
~~determine the grade and condition of farm produce, both at~~	10397
~~collecting and receiving centers within the state~~;	10398

~~(10)~~(J) Take such means and use such powers, relative to	10399
shipment, transportation, and storage of foodstuffs of any kind,	10400
as are necessary, advisable, or desirable in case of an emergency	10401
creating or threatening to create a scarcity of food within the	10402
state;	10403

(K) Participate in trade missions between states and foreign	10404
countries in order to encourage the sale and promotion of	10405
Ohio-grown products.	10406

~~(B)(1) The director of agriculture shall adopt and may amend~~	10407
~~schedules of fees to be charged for inspecting farm produce at~~	10408
~~collecting and receiving centers or such other services as may be~~	10409
~~rendered under this section. All such fees shall be made with a~~	10410
~~view to the minimum cost and to make this branch of the department~~	10411
~~of agriculture self-sustaining.~~	10412

~~The fees shall be deposited in the state treasury and~~	10413
~~credited to the inspection fund, which is hereby created, for use~~	10414
~~in carrying out the purposes of this section. All investment~~	10415
~~earnings of the inspection fund shall be credited to the fund. If,~~	10416
~~in any year, the balance in the inspection fund is not sufficient~~	10417
~~to meet the expenses incurred pursuant to this section, the~~	10418
~~deficit shall be paid from funds appropriated for the use of the~~	10419
~~department.~~	10420

~~(2) The director may adopt a schedule of fees to be charged~~	10421
~~for inspecting any agricultural product for the purposes of the~~	10422
~~issuance of an export certificate, as may be required by the~~	10423
~~United States department of agriculture or foreign purchasers.~~	10424
~~Such fees shall be credited to the general revenue fund.~~	10425

Sec. 901.21. (A) As used in this section and section 901.22	10426
of the Revised Code:	10427

(1) "Agricultural easement" has the same meaning as in	10428
section 5301.67 of the Revised Code.	10429

(2) "Agriculture" means those activities occurring on land	10430
devoted exclusively to agricultural use, as defined in section	10431
5713.30 of the Revised Code, or on land that constitutes a	10432
homestead.	10433

(3) "Homestead" means the portion of a farm on which is	10434
located a dwelling house, yard, or outbuildings such as a barn or	10435
garage.	10436

(B) The director of agriculture may acquire real property	10437
used predominantly in agriculture and agricultural easements by	10438
gift, devise, or bequest if, at the time an easement is granted,	10439
such an easement is on land that is valued for purposes of real	10440
property taxation at its current value for agricultural use under	10441
section 5713.31 of the Revised Code or that constitutes a	10442
homestead. Any terms may be included in an agricultural easement	10443
so acquired that are necessary or appropriate to preserve on	10444
behalf of the grantor of the easement the favorable tax	10445
consequences of the gift, devise, or bequest under the "Internal	10446
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	10447
The director, by any such means or by purchase or lease, may	10448
acquire, or acquire the use of, stationary personal property or	10449
equipment that is located on land acquired in fee by the director	10450
under this section and that is necessary or appropriate for the	10451
use of the land predominantly in agriculture.	10452

(C) The director may do all things necessary or appropriate	10453
to retain the use of real property acquired in fee under division	10454
(B) of this section predominantly in agriculture, including,	10455
without limitation, performing any of the activities described in	10456
division (A)(1) or (2) of section 5713.30 of the Revised Code or	10457
entering into contracts to lease or rent the real property so	10458
acquired to persons or governmental entities that will use the	10459
land predominantly in agriculture.	10460

(D)(1) When the director considers it to be necessary or	10461
appropriate, the director may sell real property acquired in fee,	10462
and stationary personal property or equipment acquired by gift,	10463
devise, bequest, or purchase, under division (B) of this section	10464
on such terms as the director considers to be advantageous to this	10465
state.	10466

(2) An agricultural easement acquired under division (B) of	10467
this section may be extinguished under the circumstances	10468
prescribed, and in accordance with the terms and conditions set	10469
forth, in the instrument conveying the agricultural easement.	10470

(E) There is hereby created in the state treasury the	10471
agricultural easement purchase fund. The fund shall consist of the	10472
proceeds received from the sale of real and personal property	10473
under division (D) of this section; moneys received due to the	10474
extinguishment of agricultural easements acquired by the director	10475
under division (B) of this section or section 5301.691 of the	10476
Revised Code; moneys received due to the extinguishment of	10477
agricultural easements purchased with the assistance of matching	10478
grants made under section 901.22 of the Revised Code; gifts,	10479
bequests, devises, and contributions received by the director for	10480
the purpose of acquiring agricultural easements; and grants	10481
received from public or private sources for the purpose of	10482
purchasing agricultural easements. The fund shall be administered	10483
by the director, and moneys in the fund shall be used by the	10484
director exclusively to purchase agricultural easements under	10485
division (A) of section 5301.691 of the Revised Code and provide	10486
matching grants under section 901.22 of the Revised Code to	10487
municipal corporations, counties, townships, soil and water	10488
conservation districts established under Chapter 1515. of the	10489
Revised Code, and charitable organizations described in division	10490
(B) of section 5301.69 of the Revised Code for the purchase of	10491
agricultural easements. Money in the fund shall be used only to	10492
purchase agricultural easements on land that is valued for	10493
purposes of real property taxation at its current value for	10494
agricultural use under section 5713.31 of the Revised Code or that	10495
constitutes a homestead when the easement is purchased.	10496

(F) There is hereby created in the state treasury the clean	10497
Ohio agricultural easement fund. Twelve and one-half per cent of	10498
net proceeds of obligations issued and sold pursuant to sections	10499
151.01 and 151.09 of the Revised Code shall be deposited into the	10500
fund. The fund shall be used by the director for the purposes of	10501
~~sections 901.21 and~~this section, section 901.22 of the Revised	10502
Code, and the provisions of sections 5301.67 to 5301.70 of the	10503
Revised Code governing agricultural easements. Investment earnings	10504
of the fund shall be credited to the fund~~. For two years after the~~	10505
~~effective date of this amendment, investment earnings credited to~~	10506
~~the fund~~and may be used to pay costs incurred by the director in	10507
administering those sections and provisions.	10508

(G) The term of an agricultural easement purchased wholly or	10509
in part with money from the clean Ohio agricultural easement fund	10510
or the agricultural easement purchase fund shall be perpetual and	10511
shall run with the land.	10512

Sec. 901.22. (A) The director of agriculture, in accordance	10513
with Chapter 119. of the Revised Code, shall adopt rules that do	10514
all of the following:	10515

(1) Establish procedures and eligibility criteria for making	10516
matching grants to municipal corporations, counties, townships,	10517
soil and water conservation districts established under Chapter	10518
1515. of the Revised Code, and charitable organizations described	10519
in division (B) of section 5301.69 of the Revised Code for the	10520
purchase of agricultural easements. With respect to agricultural	10521
easements that are purchased or proposed to be purchased with such	10522
matching grants that consist in whole or in part of moneys from	10523
the clean Ohio agricultural easement fund created in section	10524
901.21 of the Revised Code, the rules shall establish all of the	10525
following:	10526

(a) Procedures for all of the following:

10527

(i) Soliciting and accepting applications for matching	10528
grants;	10529

(ii) Participation by local governments and by the public in	10530
the process of making matching grants to charitable organizations;	10531

(iii) Notifying local governments, charitable organizations,	10532
and organizations that represent the interests of farmers of the	10533
ranking system established in rules adopted under division	10534
(A)(1)(b) of this section.	10535

(b) A ranking system for applications for the matching grants	10536
that is based on the soil type, proximity of the land or other	10537
land that is conducive to agriculture as defined by rules adopted	10538
under this section and that is the subject of an application to	10539
other agricultural land or other land that is conducive to	10540
agriculture as defined by rules adopted under this section and	10541
that is already or is in the process of becoming permanently	10542
protected from development, farm stewardship, development	10543
pressure, and, if applicable, a local comprehensive land use plan	10544
involved with a proposed agricultural easement. The rules shall	10545
require that preference be given to proposed agricultural	10546
easements that involve the greatest proportion of all of the	10547
following:	10548

(i) Prime soils, unique or locally important soils,	10549
microclimates, or similar features;	10550

(ii) Land that is adjacent to or that is in close proximity	10551
to other agricultural land or other land that is conducive to	10552
agriculture as defined by rules adopted under this section and	10553
that is already or is in the process of becoming permanently	10554
protected from development, by agricultural easement or otherwise,	10555
so that a buffer would exist between the land involving the	10556
proposed agricultural easement and areas that have been developed	10557
or likely will be developed for purposes other than agriculture;	10558

(iii) The use of best management practices, including	10559
federally or state approved conservation plans, and a history of	10560
substantial compliance with applicable federal and state laws;	10561

(iv) Development pressure that is imminent, but not a result	10562
of current location in the direct path of urban development;	10563

(v) Areas identified for agricultural protection in local	10564
comprehensive land use plans.	10565

(c) Any other criteria that the director determines are	10566
necessary for selecting applications for matching grants;	10567

(d) Requirements regarding the information that must be	10568
included in the annual monitoring report that must be prepared for	10569
an agricultural easement under division ~~(D)~~(E)(2) of section	10570
5301.691 of the Revised Code, procedures for submitting a copy of	10571
the report to the office of farmland preservation in the	10572
department of agriculture, and requirements and procedures	10573
governing corrective actions that may be necessary to enforce the	10574
terms of the agricultural easement.	10575

(2) Establish provisions that shall be included in the	10576
instrument conveying to a municipal corporation, county, township,	10577
soil and water conservation district, or charitable organization	10578
any agricultural easement purchased with matching grant funds	10579
provided by the director under this section, including, without	10580
limitation, all of the following provisions:	10581

(a) A provision stating that an easement so purchased may be	10582
extinguished only if an unexpected change in the conditions of or	10583
surrounding the land that is subject to the easement makes	10584
impossible or impractical the continued use of the land for the	10585
purposes described in the easement, or if the requirements of the	10586
easement are extinguished by judicial proceedings;	10587

(b) A provision requiring that, upon the sale, exchange, or	10588
involuntary conversion of the land subject to the easement, the	10589
holder of the easement shall be paid an amount of money that is at	10590
least equal to the proportionate value of the easement compared to	10591
the total value of the land at the time the easement was acquired;	10592

(c) A provision requiring that, upon receipt of the portion	10593
of the proceeds of a sale, exchange, or involuntary conversion	10594
described in division (A)(2)(b) of this section, the municipal	10595
corporation, county, township, soil and water conservation	10596
district, or charitable organization remit to the director an	10597
amount of money equal to the percentage of the cost of purchasing	10598
the easement it received as a matching grant under this section.	10599

Moneys received by the director pursuant to rules adopted	10600
under division (A)(2)(c) of this section shall be credited to the	10601
agricultural easement purchase fund created in section 901.21 of	10602
the Revised Code.	10603

(3) Establish a provision that provides a charitable	10604
organization ~~described in division (B) of section 5301.69 of the~~	10605
~~Revised Code~~, municipal corporation, township, or county, or soil	10606
and water conservation district with the option of purchasing	10607
agricultural easements either in installments or with a lump sum	10608
payment. The rules shall include a requirement that a charitable	10609
organization, municipal corporation, township, or county, or soil	10610
and water conservation district negotiate with the seller of the	10611
agricultural easement concerning any installment payment terms,	10612
including the dates and amounts of payments and the interest rate	10613
on the outstanding balance. The rules also shall require the	10614
director to approve any method of payment that is undertaken in	10615
accordance with the rules adopted under division (A)(3) of this	10616
section.	10617

(4) Establish any other requirements that the director	10618
considers to be necessary or appropriate to implement or	10619
administer a program to make matching grants under this section	10620
and monitor those grants.	10621

(B) The director may develop guidelines regarding the	10622
acquisition of agricultural easements by the department of	10623
agriculture and the provisions of instruments conveying those	10624
easements. The director may make the guidelines available to	10625
public and private entities authorized to acquire and hold	10626
agricultural easements.	10627

(C) The director may provide technical assistance in	10628
developing a program for the acquisition and monitoring of	10629
agricultural easements to public and private entities authorized	10630
to hold agricultural easements. The technical assistance may	10631
include, without limitation, reviewing and providing advisory	10632
recommendations regarding draft instruments conveying agricultural	10633
easements.	10634

(D) The director may make matching grants from the	10635
agricultural easement purchase fund and the clean Ohio	10636
agricultural easement fund to municipal corporations, counties,	10637
townships, soil and water conservation districts, and charitable	10638
organizations ~~described in division (B) of section 5301.69 of the~~	10639
~~Revised Code,~~ to assist those political subdivisions and	10640
charitable organizations in purchasing agricultural easements.	10641
Application for a matching grant shall be made on forms prescribed	10642
and provided by the director. The matching grants shall be made in	10643
compliance with the criteria and procedures established in rules	10644
adopted under this section. Instruments conveying agricultural	10645
easements purchased with matching grant funds provided under this	10646
section, at a minimum, shall include the mandatory provisions set	10647
forth in those rules.	10648

Matching grants made under this division using moneys from	10649
the clean Ohio agricultural easement fund created in section	10650
901.21 of the Revised Code may provide up to seventy-five per cent	10651
of the value of an agricultural easement as determined by a	10652
general real estate appraiser who is certified under Chapter 4763.	10653
of the Revised Code or as determined through a points based	10654
appraisal system that is recommended by the director. The method	10655
of appraisal that is used shall be determined by the director. Not	10656
less than twenty-five per cent of the value of the agricultural	10657
easement shall be provided by the recipient of the matching grant	10658
or donated by the person who is transferring the easement to the	10659
grant recipient. The amount of such a matching grant used for the	10660
purchase of a single agricultural easement shall not exceed one	10661
million dollars.	10662

(E) For any agricultural easement purchased with a matching	10663
grant that consists in whole or in part of moneys from the clean	10664
Ohio agricultural easement fund, the director shall be named as a	10665
grantee on the instrument conveying the easement, as shall the	10666
municipal corporation, county, township, soil and water	10667
conservation district, or charitable organization that receives	10668
the grant.	10669

(F)(1) The director shall monitor and evaluate the	10670
effectiveness and efficiency of the agricultural easement program	10671
as a farmland preservation tool. On or before July 1, 1999, and	10672
the first day of July of each year thereafter, the director shall	10673
prepare and submit a report to the chairpersons of the standing	10674
committees of the senate and the house of representatives that	10675
consider legislation regarding agriculture. The report shall	10676
consider and address the following criteria to determine the	10677
program's effectiveness:	10678

(a) The number of agricultural easements purchased during the	10679
preceding year;	10680

(b) The location of those easements;

10681

(c) The number of acres of land preserved for agricultural	10682
use;	10683

(d) The amount of money used by a municipal corporation,	10684
township, or county, or soil and water conservation district from	10685
~~its general fund or special~~any fund to purchase the agricultural	10686
easements;	10687

(e) The number of state matching grants given to purchase the	10688
agricultural easements;	10689

(f) The amount of state matching grant moneys used to	10690
purchase the agricultural easements.	10691

(2) The report also shall consider and include, at a minimum,	10692
the following information for each county to determine the	10693
program's efficiency:	10694

(a) The total number of acres in the county;

10695

(b) The total number of acres in current agricultural use;

10696

(c) The total number of acres preserved for agricultural use	10697
in the preceding year;	10698

(d) The average cost, per acre, of land preserved for	10699
agricultural use in the preceding year.	10700

Sec. 901.63. (A) The agricultural financing commission shall	10701
do both of the following until ~~July 1, 2003~~October 15, 2005:	10702

(1) Make recommendations to the director of agriculture about	10703
financial assistance applications made pursuant to sections 901.80	10704
to 901.83 of the Revised Code. In making its recommendations, the	10705
commission shall utilize criteria established by rules adopted	10706
under division (A)(8)(b) of section 901.82 of the Revised Code.	10707

(2) Advise the director in the administration of sections	10708
901.80 to 901.83 of the Revised Code.	10709

With respect to sections 901.80 to 901.83 of the Revised	10710
Code, the role of the commission is solely advisory. No officer,	10711
member, or employee of the commission is liable for damages in a	10712
civil action for any injury, death, or loss to person or property	10713
that allegedly arises out of purchasing any loan or providing a	10714
loan guarantee, failure to purchase a loan or provide a loan	10715
guarantee, or failure to take action under sections 901.80 to	10716
901.83 of the Revised Code, or that allegedly arises out of any	10717
act or omission of the department of agriculture that involves	10718
those sections.	10719

(B) The commission may:

10720

(1) Adopt bylaws for the conduct of its business;

10721

(2) Exercise all rights, powers, and duties conferred on the	10722
commission as an issuer under Chapter 902. of the Revised Code;	10723

(3) Contract with, retain, or designate financial	10724
consultants, accountants, and such other consultants and	10725
independent contractors as the commission may determine to be	10726
necessary or appropriate to carry out the purposes of this chapter	10727
and to fix the terms of those contracts;	10728

(4) Undertake and carry out or authorize the completion of	10729
studies and analyses of agricultural conditions and needs within	10730
the state relevant to the purpose of this chapter to the extent	10731
not otherwise undertaken by other departments or agencies of the	10732
state satisfactory for that purpose;	10733

(5) Acquire by gift, purchase, foreclosure, or other means,	10734
and hold, assign, pledge, lease, transfer, or otherwise dispose	10735
of, real and personal property, or any interest in that real and	10736
personal property, in the exercise of its powers and the	10737
performance of its duties under this chapter and Chapter 902. of	10738
the Revised Code;	10739

(6) Receive and accept gifts, grants, loans, or any other	10740
financial or other form of aid from any federal, state, local, or	10741
private agency or fund and enter into any contract with any such	10742
agency or fund in connection therewith, and receive and accept aid	10743
or contributions from any other source of money, property, labor,	10744
or things of value, to be held, used, and applied only for the	10745
purposes for which the grants and contributions are made, all	10746
within the purposes of this chapter and Chapter 902. of the	10747
Revised Code;	10748

(7) Sue and be sued in its own name with respect to its	10749
contracts or to enforce this chapter or its obligations or	10750
covenants made under this chapter and Chapter 902. of the Revised	10751
Code;	10752

(8) Make and enter into all contracts, commitments, and	10753
agreements, and execute all instruments necessary or incidental to	10754
the performance of its duties and the execution of its powers	10755
under this chapter and Chapter 902. of the Revised Code;	10756

(9) Adopt an official seal;

10757

(10) Do any and all things necessary or appropriate to carry	10758
out the public purposes and exercise the powers granted to the	10759
commission in this chapter and Chapter 902. of the Revised Code	10760
and the public purposes of Section 13 of Article VIII, Ohio	10761
Constitution.	10762

Any instrument by which real property is acquired pursuant to	10763
this section shall identify the agency of the state that has the	10764
use and benefit of the real property as specified in section	10765
5301.012 of the Revised Code.	10766

Sec. 901.85. There is hereby created in the state treasury	10767
the farm service agency electronic filing fund, which shall	10768
consist of money reimbursed to the fund by the farm service agency	10769
in the United States department of agriculture together with any	10770
money appropriated to the fund by the general assembly. The	10771
director of agriculture shall use money credited to the fund to	10772
pay the secretary of state for fees that the secretary of state	10773
charges in advance for the electronic filing by the farm service	10774
agency of financing statements related to agricultural loans that	10775
the farm service agency disburses.	10776

Sec. 902.11. (A) Any real or personal property, or both, of	10777
an issuer ~~which~~that is acquired, constructed, reconstructed,	10778
enlarged, improved, furnished, or equipped, or any combination	10779
thereof, and leased or subleased under authority of this chapter	10780
shall be subject to ad valorem, sales, use, and franchise taxes	10781
and to zoning, planning, and building regulations and fees, to the	10782
same extent and in the same manner as if the lessee-user or	10783
sublessee-user thereof, rather than the issuer, had acquired,	10784
constructed, reconstructed, enlarged, improved, furnished, or	10785
equipped, or any combination thereof, such real or personal	10786
property, and title thereto was in the name of such lessee-user or	10787
sublessee-user.	10788

The transfer of tangible personal property by lease or	10789
sublease under authority of this chapter is not a sale as used in	10790
Chapter 5739. of the Revised Code. The exemptions provided in	10791
divisions (B)(1) and ~~(14)~~(13) of section 5739.02 of the Revised	10792
Code shall not be applicable to purchases for a project under this	10793
chapter.	10794

An issuer shall be exempt from all taxes on its real or	10795
personal property, or both, which has been acquired, constructed,	10796
reconstructed, enlarged, improved, furnished, or equipped, or any	10797
combination thereof, under this chapter so long as such property	10798
is used by the issuer for purposes which would otherwise exempt	10799
such property; has ceased to be used by a former lessee-user or	10800
sublessee-user and is not occupied or used; or has been acquired	10801
by the issuer but development has not yet commenced. The exemption	10802
shall be effective as of the date the exempt use begins. All taxes	10803
on the exempt real or personal property for the year should be	10804
prorated and the taxes for the exempt portion of the year shall be	10805
remitted by the county auditor.	10806

(B) Bonds issued under this chapter, the transfer thereof,	10807
and the interest and other income from the bonds, including any	10808
profit made on the sale thereof, are free from taxation within the	10809
state.	10810

Sec. 921.151. The pesticide program fund is hereby created	10811
in the state treasury. ~~All~~The portion of the money in the fund	10812
that is collected under this chapter shall be used to carry out	10813
the purposes of this chapter. The portion of the money in the fund	10814
that is collected under section 927.53 of the Revised Code shall	10815
be used to carry out the purposes specified in that section, the	10816
portion of the money in the fund that is collected under section	10817
927.69 of the Revised Code shall be used to carry out the purposes	10818
specified in that section, and the portion of the money in the	10819
fund that is collected under section 927.701 of the Revised Code	10820
shall be used to carry out the purposes of that section. The fund	10821
shall consist of fees collected under sections 921.01 to 921.15,	10822
division (F) of section 927.53, and section 927.69 of the Revised	10823
Code, money collected under section 927.701 of the Revised Code,	10824
and all fines, penalties, costs, and damages, except court costs,	10825
~~which~~that are collected by either the director of agriculture or	10826
the attorney general in consequence of any violation of sections	10827
921.01 to 921.29 of the Revised Code. Not later than the thirtieth	10828
day of June of each year, the director of budget and management	10829
shall determine whether the amount credited to the pesticide	10830
program fund under this chapter is in excess of the amount	10831
necessary to meet the expenses of the director of agriculture in	10832
administering this chapter and shall transfer any such excess from	10833
the pesticide program fund to the general revenue fund.	10834

Sec. 927.53. (A) Each collector or dealer who sells, offers,	10835
or exposes for sale, or distributes nursery stock within this	10836
state, or ships nursery stock to other states, shall pay an annual	10837
license fee of fifty dollars to the director of agriculture for	10838
each place of business hethe collector or dealer operates.	10839

(B)(1) Each dealer shall furnish the director, annually, an	10840
affidavit that hethe dealer will buy and sell only nursery stock	10841
which has been inspected and certified by an official state or	10842
federal inspector.	10843

(2) Each dealer's license expires on the thirty-first day of	10844
December of each year. Each licensed dealer shall apply for	10845
renewal of ~~his~~the dealer's license prior to the first day of	10846
January of each year and in accordance with the standard renewal	10847
procedure of sections 4745.01 to 4745.03 of the Revised Code.	10848

(C) Each licensed ~~nurseryman~~nurseryperson shall post	10849
conspicuously in ~~his~~the nurseryperson's principal place of	10850
business, the certificate which is issued to ~~him~~the nurseryperson	10851
in accordance with section 927.61 of the Revised Code.	10852

(D) Each licensed ~~nurseryman~~nurseryperson, or dealer, shall	10853
post conspicuously in each place of business, each certificate or	10854
license which is issued to ~~him~~the nurseryperson or dealer in	10855
compliance with this section or section 927.61 of the Revised	10856
Code.	10857

(E)(1) Each ~~nurseryman~~nurseryperson who produces, sells,	10858
offers for sale, or distributes woody nursery stock within the	10859
state, or ships woody nursery stock to other states, shall pay to	10860
the director an annual inspection fee of fifty dollars plus four	10861
dollars per acre, or fraction thereof, of growing nursery stock in	10862
intensive production areas and two dollars per acre, or fraction	10863
thereof, of growing nursery stock in nonintensive production	10864
areas, as applicable.	10865

(2) Each ~~nurseryman~~nurseryperson who limits ~~his~~ production	10866
and sales of nursery stock to brambles, herbaceous, perennial, and	10867
other nonwoody plants, shall pay to the director an inspection fee	10868
of thirty dollars, plus four dollars per acre, or fraction	10869
thereof, of growing nursery stock in intensive and nonintensive	10870
production areas.	10871

(F) On and after the effective date of this amendment, the	10872
following additional fees shall be assessed:	10873

(1) Each collector or dealer who pays a fee under division	10874
(A) of this section shall pay an additional fee of twenty-five	10875
dollars.	10876

(2) Each nurseryperson who pays fees under division (E)(1) of	10877
this section shall pay additional fees as follows:	10878

(a) Fifteen dollars for the inspection fee;

10879

(b) Fifty cents per acre, or fraction thereof, of growing	10880
nursery stock in intensive production areas;	10881

(c) One dollar and fifty cents per acre, or fraction thereof,	10882
of growing nursery stock in nonintensive production areas.	10883

(3) Each nursery person who pays fees under division (E)(2)	10884
of this section shall pay additional fees as follows:	10885

(a) Thirty-five dollars for the inspection fee;

10886

(b) Fifty cents per acre, or fraction thereof, of growing	10887
stock in intensive and nonintensive production areas.	10888

The fees collected under division (F) of this section shall	10889
be deposited into the state treasury to the credit of the	10890
pesticide program fund created in Chapter 921. of the Revised	10891
Code. Moneys so credited to the fund shall be used to pay the	10892
costs incurred by the department of agriculture in administering	10893
this chapter, including employing a minimum of two additional	10894
inspectors.	10895

Sec. 927.69. To effect the purpose of sections 927.51 to	10896
927.74~~, inclusive,~~ of the Revised Code, the director of	10897
agriculture, or ~~his~~the director's authorized representative, may:	10898

(A) Make reasonable inspection of any premises in this state	10899
and any property therein or thereon;	10900

(B) Stop and inspect in a reasonable manner, any means of	10901
conveyance moving within this state upon probable cause to believe	10902
it contains or carries any pest, host, commodity, or other article	10903
~~which~~that is subject to sections 927.51 to 927.72~~, inclusive,~~ of	10904
the Revised Code;	10905

(C) Conduct inspections of agricultural products that are	10906
required by other states, the United States department of	10907
agriculture, other federal agencies, or foreign countries to	10908
determine whether the products are infested. If, upon making such	10909
an inspection, the director or the director's authorized	10910
representative determines that an agricultural product is not	10911
infested, the director or the director's authorized representative	10912
may issue a certificate, as required by other states, the United	10913
States department of agriculture, other federal agencies, or	10914
foreign countries, indicating that the product is not infested.	10915

If the director charges fees for any of the certificates,	10916
agreements, or inspections specified in this section, the fees	10917
shall be as follows:	10918

(1) Phyto sanitary certificates, twenty-five dollars;

10919

(2) Compliance agreements, twenty dollars;

10920

(3) Solid wood packing certificates, twenty dollars;

10921

(4) Agricultural products and their conveyances inspections,	10922
sixty-five dollars.	10923

The director may adopt rules under section 927.52 of the	10924
Revised Code that define the certificates, agreements, and	10925
inspections.	10926

The fees shall be deposited into the state treasury to the	10927
credit of the pesticide program fund created in Chapter 921. of	10928
the Revised Code. Money credited to the fund shall be used to pay	10929
the costs incurred by the department of agriculture in	10930
administering this chapter, including employing a minimum of two	10931
additional inspectors.	10932

Sec. 927.701. (A) As used in this section, "gypsy moth"	10933
means the live insect, Lymantria dispar, in any stage of	10934
development.	10935

(B) The director of agriculture may establish a voluntary	10936
gypsy moth suppression program under which a landowner may request	10937
that the department of agriculture have the landowner's property	10938
aerially sprayed to suppress the presence of gypsy moths in	10939
exchange for payment from the landowner of a portion of the cost	10940
of the spraying. To determine the amount of payment that is due	10941
from a landowner, the department first shall determine the	10942
projected cost per acre to the department of gypsy moth	10943
suppression activities for the year in which the landowner's	10944
request is made. The cost shall be calculated by determining the	10945
total expense of aerial spraying for gypsy moths to be incurred by	10946
the department in that year divided by the total number of acres	10947
proposed to be sprayed in that year. With respect to a landowner,	10948
the department shall multiply the cost per acre by the number of	10949
acres that the landowner requests to be sprayed. The department	10950
shall add to that amount any administrative costs that it incurs	10951
in billing the landowner and collecting payment. The amount that	10952
the landowner shall pay to the department shall not exceed fifty	10953
per cent of the resulting amount.	10954

(C) The director shall adopt rules under Chapter 119. of the	10955
Revised Code to establish procedures under which a landowner may	10956
make a request under division (B) of this section and to establish	10957
provisions governing agreements between the department and	10958
landowners concerning gypsy moth suppression together with any	10959
other provisions that the director considers appropriate to	10960
administer this section.	10961

(D) The director shall deposit all money collected under this	10962
section into the state treasury to the credit of the pesticide	10963
program fund created in Chapter 921. of the Revised Code. Money	10964
credited to the fund under this section shall be used for the	10965
suppression of gypsy moths in accordance with this section.	10966

Sec. 929.01. As used in ~~Chapter 929. of the Revised Code~~	10967
this chapter:	10968

(A) "Agricultural production" means commercial aquaculture,	10969
apiculture, animal husbandry, or poultry husbandry; the production	10970
for a commercial purpose of timber, field crops, tobacco, fruits,	10971
vegetables, nursery stock, ornamental shrubs, ornamental trees,	10972
flowers, or sod; the growth of timber for a noncommercial purpose,	10973
if the land on which the timber is grown is contiguous to or part	10974
of a parcel of land under common ownership that is otherwise	10975
devoted exclusively to agricultural use; or any combination of	10976
such husbandry, production, or growth; and includes the	10977
processing, drying, storage, and marketing of agricultural	10978
products when those activities are conducted in conjunction with	10979
such husbandry, production, or growth.	10980

"Agricultural production" includes conservation practices,	10981
provided that the tracts, lots, or parcels of land or portions	10982
thereof that are used for conservation practices comprise not more	10983
than twenty-five per cent of tracts, lots, or parcels of land that	10984
are otherwise devoted exclusively to agricultural use and for	10985
which an application is filed under section 929.02 of the Revised	10986
Code.	10987

(B) "Withdrawal from an agricultural district" includes the	10988
explicit removal of land from an agricultural district, conversion	10989
of land in an agricultural district to use for purposes other than	10990
agricultural production, and withdrawal of land from a land	10991
retirement or conservation program to use for ~~pusposes~~purposes	10992
other than agricultural production. Withdrawal from an	10993
agricultural district does not include land described in division	10994
(A)(4) of section 5713.30 of the Revised Code.	10995

(C) "Conservation practice" has the same meaning as in	10996
section 5713.30 of the Revised Code.	10997

Sec. 955.51. (A) Any owner of horses, sheep, cattle, swine,	10998
mules, goats, domestic rabbits, or domestic fowl or poultry that	10999
have an aggregate fair market value of ten dollars or more and	11000
that have been injured or killed by a coyote or a black vulture	11001
shall notify the dog warden within three days after the loss or	11002
injury has been discovered. The dog warden promptly shall	11003
investigate the loss or injury and shall determine whether or not	11004
the loss or injury was made by a coyote or a black vulture. If the	11005
dog warden finds that the loss or injury was not made by a coyote	11006
or a black vulture, the owner has no claim under sections 955.51	11007
to 955.53 of the Revised Code. If the dog warden finds that the	11008
loss or injury was made by a coyote or a black vulture, hethe dog	11009
warden promptly shall notify the wildlife officer of that finding.	11010
The wildlife officer then shall confirm the finding, disaffirm it,	11011
or state that hethe wildlife officer is uncertain about the	11012
finding. If the wildlife officer affirms the finding of the dog	11013
warden or states that hethe wildlife officer is uncertain about	11014
that finding, the owner may proceed with ~~his~~a claim under	11015
sections 955.51 to 955.53 of the Revised Code, and the dog warden	11016
shall provide the owner with duplicate copies of the claim form	11017
provided for in section 955.53 of the Revised Code and assist ~~him~~	11018
the owner in filling it out. The owner shall set forth the kind,	11019
grade, quality, and what hethe owner has determined is the fair	11020
market value of the animals, fowl, or poultry, the nature and	11021
amount of the loss or injury, the place where the loss or injury	11022
occurred, and all other pertinent facts in the possession of the	11023
claimant. If the animals, fowl, or poultry die as a result of	11024
their injuries, their fair market value is the market value of	11025
uninjured animals, fowl, or poultry on the date of the death of	11026
the injured animals, fowl, or poultry. If the animals, fowl, or	11027
poultry do not die as a result of their injuries, their fair	11028
market value is their market value on the date on which they	11029
received their injuries.	11030

(B) If the dog warden finds all the statements that the owner	11031
made on the form to be correct and agrees with the owner as to the	11032
fair market value of the animals, fowl, or poultry, hethe dog	11033
warden promptly shall so certify and send both copies of the form,	11034
together with whatever other documents, testimony, or information	11035
hethe dog warden has received relating to the loss or injury, to	11036
the department of agriculture.	11037

(C) If the dog warden does not find all the statements to be	11038
correct or does not agree with the owner as to the fair market	11039
value, the owner may appeal to the department of agriculture for a	11040
determination of ~~his~~the owner's claim. In that case the owner	11041
shall secure statements as to the nature and amount of the loss or	11042
injury from at least two witnesses who viewed the results of the	11043
killing or injury and who can testify about the results and shall	11044
submit both copies of the form to the department no later than	11045
twenty days after the loss or injury was discovered. The dog	11046
warden shall submit to the department whatever documents,	11047
testimony, and other information hethe dog warden has received	11048
relating to the loss or injury. The department shall receive any	11049
other information or testimony that will enable it to determine	11050
the fair market value of the animals, fowl, or poultry injured or	11051
killed.	11052

(D) If the animals, fowl, or poultry described in division	11053
(A) of this section are registered in any accepted association or	11054
registry, the owner or ~~his~~the owner's employee or tenant shall	11055
submit with the claim form the registration papers showing the	11056
lines of breeding, age, and other relevant matters. If the animals	11057
are the offspring of registered stock and eligible for	11058
registration, the registration papers showing the breeding of the	11059
offspring shall be submitted.	11060

Sec. 1309.109. (A) Except as otherwise provided in divisions	11061
(C) and (D) of this section, this chapter applies to the	11062
following:	11063

(1) A transaction, regardless of its form, that creates a	11064
security interest in personal property or fixtures by contract;	11065

(2) An agricultural lien;

11066

(3) A sale of accounts, chattel paper, payment intangibles,	11067
or promissory notes;	11068

(4) A consignment;

11069

(5) A security interest arising under section 1302.42 or	11070
1302.49, division (C) of section 1302.85, or division (E) of	11071
section 1310.54 of the Revised Code, as provided in section	11072
1309.110 of the Revised Code; and	11073

(6) A security interest arising under section 1304.20 or	11074
1305.18 of the Revised Code.	11075

(B) The application of this chapter to a security interest in	11076
a secured obligation is not affected by the fact that the	11077
obligation is itself secured by a transaction or interest to which	11078
this chapter does not apply.	11079

11080

(1) A statute, regulation, or treaty of the United States	11081
preempts this chapter; or	11082

(2) The rights of a transferee beneficiary or nominated	11083
person under a letter of credit are independent and superior under	11084
section 1305.13 of the Revised Code.	11085

(D) This chapter does not apply to the following:

11086

(1) A landlord's lien, other than an agricultural lien;

11087

(2)(a) A lien, not enumerated in division (D)(2) of this	11088
section and other than an agricultural lien, given by statute or	11089
other rule of law for services or materials, including any lien	11090
created under any provision of Chapter 926., sections 1311.55 to	11091
1311.57, sections 1311.71 to 1311.80, section 1701.66, or Chapter	11092
4585. of the Revised Code;	11093

(b) Notwithstanding division (D)(2)(a) of this section,	11094
section 1309.333 of the Revised Code applies with respect to	11095
priority of the lien.	11096

(3) An assignment of a claim for wages, salary, or other	11097
compensation of an employee;	11098

(4) A sale of accounts, chattel paper, payment intangibles,	11099
or promissory notes as part of a sale of the business out of which	11100
they arose;	11101

(5) An assignment of accounts, chattel paper, payment	11102
intangibles, or promissory notes that is for the purpose of	11103
collection only;	11104

(6) An assignment of a right to payment under a contract to	11105
an assignee that is also obligated to perform under the contract;	11106

(7) An assignment of a single account, payment intangible, or	11107
promissory note to an assignee in full or partial satisfaction of	11108
a preexisting indebtedness;	11109

(8) A transfer of an interest in or an assignment of a claim	11110
under a policy of insurance, other than an assignment by or to a	11111
health-care provider of a health-care-insurance receivable and any	11112
subsequent assignment of the right to payment, but sections	11113
1309.315 and 1309.322 of the Revised Code apply with respect to	11114
proceeds and priorities in proceeds;	11115

(9) An assignment of a right represented by a judgment, other	11116
than a judgment taken on a right to payment that was collateral;	11117

(10) A right of recoupment or set-off, but:

11118

(a) Section 1309.340 of the Revised Code applies with respect	11119
to the effectiveness of rights of recoupment or set-off against	11120
deposit accounts; and	11121

(b) Section 1309.404 of the Revised Code applies with respect	11122
to defenses or claims of an account debtor.	11123

(11) The creation or transfer of an interest in or lien on	11124
real property, including a lease or rents under a lease, except to	11125
the extent that provision is made for:	11126

(a) Liens on real property in sections 1309.203 and 1309.308	11127
of the Revised Code;	11128

(b) Fixtures in section 1309.334 of the Revised Code;

11129

(c) Fixture filings in sections 1309.501, 1309.502, 1309.512,	11130
1309.516, and 1309.519 of the Revised Code; and	11131

(d) Security agreements covering personal and real property	11132
in section 1309.604 of the Revised Code.	11133

(12) An assignment of a claim arising in tort, other than a	11134
commercial tort claim, but sections 1309.315 and 1309.322 of the	11135
Revised Code apply with respect to proceeds and priorities in	11136
proceeds;	11137

(13) An assignment of a deposit account in a consumer	11138
transaction, but sections 1309.315 and 1309.322 of the Revised	11139
Code apply with respect to proceeds and priorities in proceeds; or	11140

(14) A transfer by a government, state, or governmental unit.

11141

(E) The granting of a security interest in all or any part of	11142
a lottery prize award for consideration is subject to the	11143
prohibition of division ~~(A)(3)~~(C) of section 3770.07 of the	11144
Revised Code. The sale, assignment, or other redirection of a	11145
lottery prize award for consideration is subject to the provisions	11146
of division ~~(A)(4)~~(D) of section 3770.07 and sections 3770.10 to	11147
3770.14 of the Revised Code.	11148

Sec. 1317.07. No retail installment contract authorized by	11149
section 1317.03 of the Revised Code that is executed in connection	11150
with any retail installment sale shall evidence any indebtedness	11151
in excess of the time balance fixed in the written instrument in	11152
compliance with section 1317.04 of the Revised Code, but it may	11153
evidence in addition any agreements of the parties for the payment	11154
of delinquent charges, as provided for in section 1317.06 of the	11155
Revised Code, taxes, and any lawful fee actually paid out, or to	11156
be paid out, by the retail seller to any public officer for	11157
filing, recording, or releasing any instrument securing the	11158
payment of the obligation owed on any retail installment contract.	11159
No retail seller, directly or indirectly, shall charge, contract	11160
for, or receive from any retail buyer, any further or other amount	11161
for examination, service, brokerage, commission, expense, fee, or	11162
other thing of value. A documentary service charge customarily and	11163
presently being paid on May 9, 1949, in a particular business and	11164
area may be charged if the charge does not exceed ~~fifty~~one	11165
hundred dollars per sale.	11166

No retail seller shall use multiple agreements with respect	11167
to a single item or related items purchased at the same time, with	11168
intent to obtain a higher charge than would otherwise be permitted	11169
by Chapter 1317. of the Revised Code or to avoid disclosure of an	11170
annual percentage rate, nor by use of such agreements make any	11171
charge greater than that which would be permitted by Chapter 1317.	11172
of the Revised Code had a single agreement been used.	11173

Sec. 1321.21. All fees, charges, penalties, and forfeitures	11174
collected under Chapters 1321., 1322., 4712., 4727., and 4728.,	11175
sections 1315.21 to 1315.30, ~~and~~ sections 1315.35 to 1315.44, and	11176
sections 1349.25 to 1349.37 of the Revised Code shall be paid to	11177
the superintendent of financial institutions and shall be	11178
deposited by the superintendent into the state treasury to the	11179
credit of the consumer finance fund, which is hereby created. The	11180
fund may be expended or obligated by the superintendent for the	11181
defrayment of the costs of administration of Chapters 1321.,	11182
1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30, ~~and~~	11183
sections 1315.35 to 1315.44, and sections 1349.25 to 1349.37 of	11184
the Revised Code by the division of financial institutions. All	11185
actual and necessary expenses incurred by the superintendent,	11186
including any services rendered by the department of commerce for	11187
the division's administration of Chapters 1321., 1322., 4712.,	11188
4727., and 4728., sections 1315.21 to 1315.30, ~~and~~ sections	11189
1315.35 to 1315.44, and sections 1349.25 to 1349.37 of the Revised	11190
Code, shall be paid from the fund. The fund shall be assessed a	11191
proportionate share of the administrative costs of the department	11192
and the division. The proportionate share of the administrative	11193
costs of the division of financial institutions shall be	11194
determined in accordance with procedures prescribed by the	11195
superintendent and approved by the director of budget and	11196
management. Such assessment shall be paid from the consumer	11197
finance fund to the division of administration fund or the	11198
financial institutions fund.	11199

Sec. 1333.99. (A) Whoever violates sections 1333.01 to	11200
1333.04 of the Revised Code is guilty of a minor misdemeanor.	11201

(B) Whoever violates section 1333.12 of the Revised Code is	11202
guilty of a misdemeanor of the fourth degree.	11203

(C) Whoever violates section 1333.36 of the Revised Code is	11204
guilty of a misdemeanor of the third degree.	11205

(D) A prosecuting attorney may file an action to restrain any	11206
person found in violation of section 1333.36 of the Revised Code.	11207
Upon the filing of such an action, the common pleas court may	11208
receive evidence of such violation and forthwith grant a temporary	11209
restraining order as may be prayed for, pending a hearing on the	11210
merits of said cause.	11211

(E) Whoever violates division (A)(1) of section 1333.52 or	11212
section 1333.81 of the Revised Code is guilty of a misdemeanor of	11213
the first degree.	11214

(F) Whoever violates division (A)(2) or (B) of section	11215
1333.52 ~~or division (F) or (H) of section 1333.96~~ of the Revised	11216
Code is guilty of a misdemeanor of the second degree.	11217

(G) Except as otherwise provided in this division, whoever	11218
violates section 1333.92 of the Revised Code is guilty of a	11219
misdemeanor of the first degree. If the value of the compensation	11220
is five hundred dollars or more and less than five thousand	11221
dollars, whoever violates section 1333.92 of the Revised Code is	11222
guilty of a felony of the fifth degree. If the value of the	11223
compensation is five thousand dollars or more and less than one	11224
hundred thousand dollars, whoever violates section 1333.92 of the	11225
Revised Code is guilty of a felony of the fourth degree. If the	11226
value of the compensation is one hundred thousand dollars or more,	11227
whoever violates section 1333.92 of the Revised Code is guilty of	11228
a felony of the third degree.	11229

~~(H) Whoever violates division (B), (C), or (I) of section~~	11230
~~1333.96 of the Revised Code is guilty of a misdemeanor of the~~	11231
~~third degree.~~	11232

~~(I) Any person not registered as a travel agency or tour~~	11233
~~promoter as provided in divisions (B) and (C) of section 1333.96~~	11234
~~of the Revised Code who states that the person is so registered is~~	11235
~~guilty of a misdemeanor of the first degree.~~	11236

Sec. 1346.04. As used in this section and sections 1346.05	11237
to 1346.10 of the Revised Code:	11238

(A) "Brand family" means all styles of cigarettes sold under	11239
the same trademark and differentiated from one another by means of	11240
additional modifiers or descriptors, including, but not limited	11241
to, "menthol," "lights," "kings," and "100s." "Brand family"	11242
includes cigarettes sold under any brand name (whether that name	11243
is used alone or in conjunction with any other word), trademark,	11244
logo, symbol, motto, selling message, recognizable pattern of	11245
colors, or other indicia of product identification identical or	11246
similar to, or identifiable with, a previous brand of cigarettes.	11247

(B) "Cigarette," "Master Settlement Agreement," "qualified	11248
escrow fund," "tobacco product manufacturer," and "units sold"	11249
have the same meanings as in section 1346.01 of the Revised Code.	11250

(C) "Nonparticipating manufacturer" means any tobacco product	11251
manufacturer that is not a participating manufacturer.	11252

(D) "Participating manufacturer" means a participating	11253
manufacturer as that term is defined in section II(jj) of the	11254
Master Settlement Agreement.	11255

(E) "Stamping agent" means a person who is authorized to	11256
affix tax stamps to packages or other containers of cigarettes	11257
under section 5743.03 of the Revised Code or a person who is	11258
required to pay the excise tax imposed on cigarettes and other	11259
tobacco products under sections 5743.03 and 5743.51 of the Revised	11260
Code.	11261

Sec. 1346.05. (A)(1) Every tobacco product manufacturer	11262
whose cigarettes are sold in this state either directly or through	11263
a distributor, retailer, or other intermediary shall execute and	11264
deliver to the attorney general an annual certification, made	11265
under penalty of falsification, stating that, as of the date of	11266
the certification, the tobacco manufacturer is either a	11267
participating manufacturer or a nonparticipating manufacturer in	11268
full compliance with section 1346.02 of the Revised Code,	11269
including full compliance with all quarterly installment payment	11270
requirements, if required to make such payments by an	11271
administrative rule adopted by the attorney general. The	11272
certification shall be on a form prescribed by the attorney	11273
general and shall be filed not later than the thirtieth day of	11274
April in each year.	11275

(2) Each participating manufacturer shall include in its	11276
certification a list of its brand families. Thirty days before	11277
making any additions to or modifications of its brand families, a	11278
participating manufacturer shall update its brand family list by	11279
executing and delivering a supplemental certification to the	11280
attorney general.	11281

(3) Each nonparticipating manufacturer shall include all of	11282
the following in its certification:	11283

(a) A list of all of its brand families and the number of	11284
units sold during the preceding calendar year for each brand	11285
family, and a list of all of its brand families that have been	11286
sold in the state at any time during the current calendar year.	11287
The list shall indicate, by an asterisk, any brand family that was	11288
sold in the state during the preceding calendar year and that is	11289
no longer being sold in the state as of the date of the	11290
certification. The list shall identify by name and address any	11291
other manufacturer in the preceding or current year of the brand	11292
families included on the list. Thirty days before making any	11293
additions to or modifications of its brand families, a	11294
nonparticipating manufacturer shall update its brand family list	11295
by executing and delivering a supplemental certification to the	11296
attorney general.	11297

(b) A statement that the nonparticipating manufacturer is	11298
registered to do business in this state, or has appointed an agent	11299
for service of process in this state and provided notice of that	11300
appointment as required by section 1346.06 of the Revised Code;	11301

(c) A certification that the nonparticipating manufacturer	11302
has established and continues to maintain a qualified escrow fund	11303
under section 1346.02 of the Revised Code and that the qualified	11304
escrow fund is governed by a qualified escrow agreement executed	11305
by the nonparticipating manufacturer and reviewed and approved by	11306
the attorney general;	11307

(d) All of the following information regarding the qualified	11308
escrow fund the nonparticipating manufacturer is required to	11309
establish and maintain under section 1346.02 of the Revised Code	11310
and the rules adopted under that section:	11311

(i) The name, address, and telephone number of the financial	11312
institution at which the nonparticipating manufacturer has	11313
established its qualified escrow fund;	11314

(ii) The account number of the qualified escrow fund and any	11315
subaccount number for the state;	11316

(iii) The amount that the nonparticipating manufacturer	11317
deposited in the qualified escrow fund for cigarettes sold in the	11318
state during the preceding calendar year, the date and amount of	11319
each deposit, and any evidence or verification the attorney	11320
general deems necessary to confirm those deposits;	11321

(iv) The amount and date of any withdrawal or transfer of	11322
funds the nonparticipating manufacturer made at any time from any	11323
qualified escrow fund into which it ever made payments under	11324
section 1346.02 of the Revised Code and the rules adopted under	11325
that section.	11326

(e) A statement that the nonparticipating manufacturer is in	11327
full compliance with this section and sections 1346.02, 1346.06,	11328
and 1346.07 of the Revised Code and any rules adopted under those	11329
sections.	11330

(4)(a) No tobacco product manufacturer shall include a brand	11331
family in its certification unless either of the following	11332
applies:	11333

(i) In the case of a participating manufacturer, the	11334
participating manufacturer affirms that the cigarettes in the	11335
brand family shall be deemed to be its cigarettes for the purpose	11336
of calculating its payments under the Master Settlement Agreement	11337
for the relevant year in the volume and shares determined pursuant	11338
to that agreement.	11339

(ii) In the case of a nonparticipating manufacturer, the	11340
nonparticipating manufacturer affirms that the cigarettes in the	11341
brand family shall be deemed to be its cigarettes for the purpose	11342
of section 1346.02 of the Revised Code.	11343

(b) Nothing in this section limits or shall be construed to	11344
limit the state's authority to determine that the cigarettes in a	11345
brand family constitute the cigarettes of another tobacco product	11346
manufacturer for the purpose of calculating payments under the	11347
Master Settlement Agreement or for the purpose of section 1346.02	11348
of the Revised Code.	11349

(5) Each tobacco product manufacturer shall maintain all	11350
invoices and documentations of sales and other information relied	11351
upon for its certification for a period of at least five years.	11352

(B)(1) Except as otherwise provided in division (B)(3) of	11353
this section, the attorney general shall develop and publish on	11354
its web site a directory listing all tobacco product manufacturers	11355
that have provided current and accurate certifications under	11356
division (A) of this section and all brand families listed in	11357
those certifications.	11358

(2)(a) The attorney general shall update the directory as	11359
necessary to correct mistakes or to add or remove a tobacco	11360
product manufacturer or brand family to keep the directory in	11361
conformity with the requirements of this section. At least ten	11362
days before any tobacco product manufacturer or brand family is	11363
added to or removed from the directory, the attorney general shall	11364
publish notice of the pending addition or removal online in the	11365
directory and shall notify the tax commissioner of those pending	11366
changes. At least ten days before such addition or removal, the	11367
tax commissioner shall transmit by electronic mail or other	11368
practicable means to each stamping agent notice of the pending	11369
addition or removal.	11370

(b) Unless an agreement between a stamping agent and a	11371
tobacco product manufacturer provides otherwise, a tobacco product	11372
manufacturer that is removed from the directory or whose brand	11373
family is removed from the directory shall refund to the stamping	11374
agent any money paid by the stamping agent to the tobacco product	11375
manufacturer for cigarettes of that tobacco product manufacturer	11376
that are in the possession of the stamping agent at the time the	11377
stamping agent receives notice of the pending removal of the	11378
tobacco product manufacturer or a brand family of that tobacco	11379
product manufacturer from the directory under division (B)(2)(a)	11380
of this section.	11381

(c) The tax commissioner shall notify the attorney general of	11382
any tobacco product manufacturer that fails to refund money to a	11383
stamping agent under division (B)(2)(b) of this section. The	11384
attorney general shall not restore to the directory any tobacco	11385
product manufacturer or brand family of a tobacco product	11386
manufacturer until the tobacco product manufacturer has paid the	11387
stamping agent any required refund. Once a required refund has	11388
been so paid, the tax commissioner shall notify the attorney	11389
general of that payment.	11390

(3) The attorney general shall not include or retain in the	11391
directory a nonparticipating manufacturer or a brand family of a	11392
nonparticipating manufacturer if any of the following applies:	11393

(a) The nonparticipating manufacturer fails to provide the	11394
required certification under this section, or the attorney general	11395
determines that the certification is not in compliance with the	11396
requirements of this section, unless the attorney general	11397
determines that the violation has been cured to the attorney	11398
general's satisfaction.	11399

(b) The attorney general determines that any escrow payment	11400
required under section 1346.02 of the Revised Code for any period	11401
for any brand family of the nonparticipating manufacturer,	11402
regardless of whether the brand family is listed by the	11403
nonparticipating manufacturer in its certification under this	11404
section, has not been fully paid into a qualified escrow fund	11405
governed by a qualified escrow agreement that has been approved by	11406
the attorney general.	11407

(c) The attorney general determines that the nonparticipating	11408
manufacturer has not fully satisfied any outstanding final	11409
judgment, including interest, for a violation of section 1346.02	11410
of the Revised Code.	11411

(4) Each stamping agent shall provide an electronic mail	11412
address to the tax commissioner for the purpose of receiving	11413
notifications under division (B)(2) of this section. As necessary,	11414
each stamping agent shall update the agent's electronic mail	11415
address with the tax commissioner.	11416

(C)(1) No person shall do any of the following:

11417

(a) Affix a tax stamp to a package or other container of	11418
cigarettes of a tobacco product manufacturer or a brand family	11419
that is not included in the directory;	11420

(b) Sell, offer for sale, or possess for sale in this state	11421
cigarettes of a tobacco product manufacturer or a brand family	11422
that is not included in the directory;	11423

(c) Sell or distribute cigarettes that have had a tax stamp	11424
affixed while the tobacco product manufacturer or brand family of	11425
those cigarettes was not included in the directory;	11426

(d) Acquire, hold, own, possess, transport, import, or cause	11427
to be imported cigarettes that the person knows or should know are	11428
intended for distribution or sale in this state and that have had	11429
a tax stamp affixed while the tobacco product manufacturer or	11430
brand family of those cigarettes was not included in the	11431
directory;	11432

(e) Acquire, hold, own, possess, transport, import, or cause	11433
to be imported cigarettes that the person knows or should know are	11434
intended for distribution or sale in this state and that are the	11435
cigarettes of a tobacco product manufacturer or a brand family	11436
that is not included in the directory.	11437

(2) Except as otherwise provided in this division, a	11438
violation of division (C)(1) of this section is a misdemeanor of	11439
the first degree. If the offender has a previous conviction for a	11440
violation of that division, a violation of division (C)(1) of this	11441
section is a felony of the fourth degree.	11442

(3) Any cigarettes sold, offered for sale, or possessed for	11443
sale in violation of division (C)(1) of this section shall be	11444
considered contraband under section 5743.21 of the Revised Code,	11445
and those cigarettes shall be subject to seizure and forfeiture	11446
under that section. Cigarettes so seized and forfeited shall not	11447
be resold and shall be destroyed.	11448

Sec. 1346.06. (A)(1) Any nonresident or foreign	11449
nonparticipating manufacturer that has not registered to do	11450
business in the state as a foreign corporation or business entity,	11451
as a condition precedent to having its brand families included or	11452
retained in the directory developed and published by the attorney	11453
general under section 1346.05 of the Revised Code, shall appoint,	11454
and continually engage without interruption the services of, an	11455
agent in the state to act as agent for the service, in any manner	11456
authorized by law, of all process pertaining to any action or	11457
proceeding in the courts of this state against the manufacturer	11458
concerning or arising out of the enforcement of this chapter.	11459

(2) Service on a nonparticipating manufacturer's agent shall	11460
constitute legal and valid service of process on the manufacturer.	11461

(3) A nonparticipating manufacturer shall provide the	11462
attorney general, to the satisfaction of the attorney general,	11463
with proof of the appointment of, and notice of the name, address,	11464
telephone number, and availability of, the manufacturer's agent.	11465

(B)(1) If a nonparticipating manufacturer decides to	11466
terminate its agent's appointment, the manufacturer shall provide	11467
notice of the termination to the attorney general thirty calendar	11468
days prior to the termination and shall provide proof, to the	11469
satisfaction of the attorney general, of the appointment of a new	11470
agent not less than five calendar days prior to the termination.	11471

(2) If a nonparticipating manufacturer's agent terminates the	11472
agent's appointment, the manufacturer shall provide notice of the	11473
termination to the attorney general and include proof, to the	11474
satisfaction of the attorney general, of the appointment of a new	11475
agent within five calendar days of the termination.	11476

(C)(1) Any nonparticipating manufacturer whose cigarettes are	11477
sold in the state and who has not appointed and continually	11478
engaged an agent in accordance with divisions (A) and (B) of this	11479
section shall be deemed to have appointed the secretary of state	11480
as the manufacturer's agent and may be proceeded against in any	11481
action or proceeding in the courts of the state described in	11482
division (A) of this section by service of process on the	11483
secretary of state.	11484

(2) The deemed appointment of the secretary of state as a	11485
nonparticipating manufacturer's agent does not satisfy the	11486
requirements of divisions (A)(3)(b) and (B)(1) of section 1346.05	11487
of the Revised Code that a nonparticipating manufacturer that has	11488
not registered to do business in the state shall appoint an agent	11489
for service of process as a condition precedent to the existence	11490
of an accurate certification permitting the manufacturer's brand	11491
families to be included or retained in the directory.	11492

Sec. 1346.07. (A) Not later than the last day of each month	11493
or less frequently if so directed by the tax commissioner, each	11494
stamping agent shall submit information for the previous month or	11495
for the relevant time period, if directed by the tax commissioner	11496
to make the submission less frequently, which the tax commissioner	11497
requires to facilitate compliance with sections 1346.05 to 1346.10	11498
of the Revised Code. The information shall include, but is not	11499
limited to, a list by brand family of the total number of	11500
cigarettes, or, in the case of roll-your-own, the equivalent stick	11501
count, for which the stamping agent during the previous calendar	11502
quarter affixed stamps or otherwise paid the tax due.	11503

The stamping agent shall maintain and make available to the	11504
tax commissioner all invoices and documentations of sales of all	11505
nonparticipating manufacturer cigarettes and any other information	11506
the agent relies upon in submitting information under this	11507
division to the tax commissioner. This duty shall be for a period	11508
of five years from the date of each submission of information	11509
under this division.	11510

(B) The attorney general at any time may require a	11511
nonparticipating manufacturer to provide proof, from the financial	11512
institution in which the manufacturer has established a qualified	11513
escrow fund under section 1346.02 of the Revised Code, of the	11514
amount of money in the fund, exclusive of interest, the amount and	11515
date of each deposit in the fund, and the amount and date of each	11516
withdrawal from the fund.	11517

(C) In addition to the information required to be submitted	11518
or provided to the tax commissioner and the attorney general under	11519
divisions (A) and (B) of this section, the attorney general may	11520
require a stamping agent or tobacco product manufacturer to submit	11521
any additional information necessary to enable the attorney	11522
general to determine whether a manufacturer is in compliance with	11523
sections 1346.05 to 1346.10 of the Revised Code. The information	11524
shall include, but is not limited to, samples of the packaging or	11525
labeling of each brand family.	11526

(D) The tax commissioner and the attorney general shall share	11527
information received under sections 1346.05 to 1346.10 of the	11528
Revised Code for purposes of determining compliance with and	11529
enforcement of those sections. The tax commissioner and the	11530
attorney general also may share information received under these	11531
sections with federal, state, or local agencies for purposes of	11532
the enforcement of this chapter or corresponding laws of other	11533
states.	11534

Sec. 1346.08. (A) The tax commissioner and the attorney	11535
general may adopt administrative rules necessary to implement	11536
sections 1346.05 to 1346.10 of the Revised Code.	11537

(B) Subject to the requirements of section 1346.05 of the	11538
Revised Code, the attorney general may adopt an administrative	11539
rule requiring a tobacco product manufacturer to make required	11540
escrow deposits in quarterly installments during the year in which	11541
the sales covered by the deposits are made. If the attorney	11542
general adopts such a rule, the tax commissioner may require a	11543
tobacco product manufacturer to produce information sufficient to	11544
enable the tax commissioner and the attorney general to determine	11545
the adequacy of the amount of an installment deposit.	11546

Sec. 1346.09. (A) The attorney general, on behalf of the tax	11547
commissioner, may seek an injunction to restrain a threatened or	11548
actual violation of division (C)(1) of section 1346.05 of the	11549
Revised Code or division (A) or (C) of section 1346.07 of the	11550
Revised Code by a stamping agent and to compel the stamping agent	11551
to comply with those divisions.	11552

(B) In any action brought by the state to enforce sections	11553
1346.05 to 1346.10 of the Revised Code, the state shall be	11554
entitled to recover the costs of the investigation, expert witness	11555
fees, court costs, and reasonable attorney's fees.	11556

(C) If a court determines that a person has violated any	11557
prohibition or other provision of sections 1346.05 to 1346.10 of	11558
the Revised Code, the court shall order that the person's profits,	11559
gain, gross receipts, or other benefit from the violation be	11560
disgorged and paid to the general revenue fund of the state.	11561

(D) Unless otherwise expressly provided, the remedies or	11562
penalties provided by this chapter are cumulative to each other	11563
and to the remedies or penalties available under all other laws of	11564
the state.	11565

Sec. 1346.10. (A) In lieu of or in addition to any other	11566
remedy provided by law, upon a determination that a stamping agent	11567
has violated division (C)(1) of section 1346.05 of the Revised	11568
Code or any administrative rule adopted under sections 1346.05 to	11569
1346.10 of the Revised Code, the tax commissioner may revoke the	11570
license of the stamping agent in the manner provided by section	11571
5743.18 of the Revised Code.	11572

(B) For each violation of division (C)(1) of section 1346.05	11573
of the Revised Code, in addition to any other penalty provided by	11574
law, the tax commissioner may impose a fine in an amount not to	11575
exceed the greater of five hundred per cent of the retail value of	11576
the cigarettes involved or five thousand dollars. The fine shall	11577
be imposed in the manner provided by section 5743.081 of the	11578
Revised Code.	11579

For the purpose of this division, each stamp affixed to a	11580
package of cigarettes and each sale or offer for sale of	11581
cigarettes in violation of division (C)(1) of section 1346.05 of	11582
the Revised Code shall constitute a separate violation.	11583

Sec. 1501.04. There is hereby created in the department of	11584
natural resources a recreation and resources commission composed	11585
of the ~~chairman~~chairperson of the wildlife council created under	11586
section 1531.03 of the Revised Code, the ~~chairman~~chairperson of	11587
the parks and recreation council created under section 1541.40 of	11588
the Revised Code, the ~~chairman~~chairperson of the waterways safety	11589
council created under section 1547.73 of the Revised Code, the	11590
~~chairman~~chairperson of the technical advisory council on oil and	11591
gas created under section 1509.38 of the Revised Code, the	11592
chairman of the forestry advisory council created under section	11593
1503.40 of the Revised Code, the ~~chairman~~chairperson of the Ohio	11594
soil and water conservation commission created under section	11595
1515.02 of the Revised Code, the ~~chairman~~chairperson of the Ohio	11596
natural areas council created under section 1517.03 of the Revised	11597
Code, the ~~chairman~~chairperson of the Ohio water advisory council	11598
created under section 1521.031 of the Revised Code, the	11599
chairperson of the recycling and litter prevention advisory	11600
council created under section 1502.04 of the Revised Code, ~~the~~	11601
~~chairperson of the civilian conservation advisory council created~~	11602
~~under section 1553.10 of the Revised Code,~~ the ~~chairman~~	11603
chairperson of the Ohio geology advisory council created under	11604
section 1505.11 of the Revised Code, and five members appointed by	11605
the governor with the advice and consent of the senate, not more	11606
than three of whom shall belong to the same political party. The	11607
director of natural resources shall be an ex officio member of the	11608
commission, with a voice in its deliberations, but without the	11609
power to vote.	11610

Terms of office of members of the commission appointed by the	11611
governor shall be for five years, commencing on the second day of	11612
February and ending on the first day of February. Each member	11613
shall hold office from the date of ~~his~~ appointment until the end	11614
of the term for which hethe member was appointed.	11615

In the event of the death, removal, resignation, or	11616
incapacity of a member of the commission, the governor, with the	11617
advice and consent of the senate, shall appoint a successor who	11618
shall hold office for the remainder of the term for which ~~his~~the	11619
member's predecessor was appointed. Any member shall continue in	11620
office subsequent to the expiration date of ~~his~~the member's term	11621
until ~~his~~the member's successor takes office, or until a period	11622
of sixty days has elapsed, whichever occurs first.	11623

The governor may remove any appointed member of the	11624
commission for misfeasance, nonfeasance, or malfeasance in office.	11625

The commission shall exercise no administrative function, but	11626
may:	11627

(A) Advise with and recommend to the director ~~of natural~~	11628
~~resources~~ as to plans and programs for the management,	11629
development, utilization, and conservation of the natural	11630
resources of the state;	11631

(B) Advise with and recommend to the director as to methods	11632
of coordinating the work of the divisions of the department;	11633

(C) Consider and make recommendations upon any matter ~~which~~	11634
that the director may submit to it;	11635

(D) Submit to the governor biennially recommendations for	11636
amendments to the conservation laws of the state.	11637

~~Before~~Each member of the commission, before entering upon	11638
the discharge of ~~his~~the member's duties, ~~each member of the~~	11639
~~commission~~ shall take and subscribe to an oath of office, which	11640
oath, in writing, shall be filed in the office of the secretary of	11641
state.	11642

The members of the commission shall serve without	11643
compensation, but shall be entitled to receive their actual and	11644
necessary expenses incurred in the performance of their official	11645
duties.	11646

The commission, by a majority vote of all its members, shall	11647
adopt and amend bylaws.	11648

To be eligible for appointment, a person shall be a citizen	11649
of the United States and an elector of the state and shall possess	11650
a knowledge of and have an interest in the natural resources of	11651
this state.	11652

The commission shall hold at least four regular quarterly	11653
meetings each year. Special meetings shall be held at such times	11654
as the bylaws of the commission provide. Notices of all meetings	11655
shall be given in such manner as the bylaws provide. The	11656
commission shall choose annually from among its members a ~~chairman~~	11657
chairperson to preside over its meetings and a secretary to keep a	11658
record of its proceedings. A majority of the members of the	11659
commission constitutes a quorum. No advice shall be given or	11660
recommendation made without a majority of the members of the	11661
commission concurring therein.	11662

Sec. 1501.25. (A) There is hereby created the Muskingum	11663
river advisory council consisting of the following members:	11664

(1) Two members of the house of representatives, one from	11665
each party to be appointed by the speaker of the house of	11666
representatives after conferring with the minority leader of the	11667
house, and two members of the senate, one from each party to be	11668
appointed by the president of the senate after conferring with the	11669
minority leader of the senate;	11670

(2) Four persons interested in the development of	11671
recreational and commercial uses of the Muskingum river, to be	11672
appointed by the governor;	11673

(3) Two representatives of the department of natural	11674
resources to be appointed by the director of natural resources,	11675
one representative of the department of development to be	11676
appointed by the director of development, one representative of	11677
the environmental protection agency to be appointed by the	11678
director of environmental protection, one representative of the	11679
department of transportation to be appointed by the director of	11680
transportation, and one representative of the Ohio historical	11681
society to be appointed by the director of the society;	11682

(4) Twelve persons to be appointed from the four counties	11683
through which the Muskingum river flows, who shall be appointed in	11684
the following manner. The board of county commissioners of	11685
Coshocton county shall appoint two members, and the mayor of the	11686
city of Coshocton shall appoint one member. The board of county	11687
commissioners of Muskingum county shall appoint two members, and	11688
the mayor of the city of Zanesville shall appoint one member. The	11689
board of county commissioners of Morgan county shall appoint two	11690
members, and the mayor of the city of McConnelsville shall appoint	11691
one member. The board of county commissioners of Washington county	11692
shall appoint two members, and the mayor of the city of Marietta	11693
shall appoint one member.	11694

(5) One member representing the Muskingum watershed	11695
conservancy district, to be appointed by the board of directors of	11696
the district.	11697

Members shall serve at the pleasure of their appointing	11698
authority. Vacancies shall be filled in the manner of the original	11699
appointment.	11700

The council biennially shall elect from among its members a	11701
chairperson and a vice-chairperson. One of the representatives of	11702
the department of natural resources shall serve as secretary of	11703
the council unless a majority of the members elect another member	11704
to that position. The council shall meet at least once each year	11705
for the purpose of taking testimony from residents of the	11706
Muskingum river area, users of the river and adjacent lands, and	11707
the general public and may hold additional meetings at the call of	11708
the chairperson.	11709

The chairperson may appoint members of the council and other	11710
persons to committees and study groups as needed.	11711

The council shall submit an annual report to the general	11712
assembly, the governor, and the director of natural resources. The	11713
report shall include, without limitation, a description of the	11714
conditions of the Muskingum river area, a discussion of the	11715
council's activities, any recommendations for actions by the	11716
general assembly or any state agency that the council determines	11717
are needed, and estimates of the costs of those recommendations.	11718

The department of natural resources shall provide staff	11719
assistance to the council as needed.	11720

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

11721

(1) Provide coordination among political subdivisions, state	11722
agencies, and federal agencies involved in dredging, debris	11723
removal or disposal, and recreational, commercial, tourism, and	11724
economic development;	11725

(2) Provide aid to civic groups and individuals who want to	11726
make improvements to the Muskingum river if the council determines	11727
that the improvements would be beneficial to the residents of the	11728
area and to the state;	11729

(3) Provide information and planning aid to state and local	11730
agencies responsible for historic, commercial, and recreational	11731
development of the Muskingum river area, including, without	11732
limitation, suggestions as to priorities for pending Muskingum	11733
river projects of the department of natural resources;	11734

(4) Provide updated information to the United States army	11735
corps of engineers, the department of natural resources, and the	11736
Muskingum conservancy district established under Chapter 6101. of	11737
the Revised Code concerning potential hazards to flood control or	11738
navigation, erosion problems, debris accumulation, and	11739
deterioration of locks or dams.	11740

Sec. 1503.05. (A) The chief of the division of forestry may	11741
sell timber and other forest products from the state forest and	11742
state forest nurseries whenever the chief considers such a sale	11743
desirable and, with the approval of the attorney general and the	11744
director of natural resources, may sell portions of the state	11745
forest lands when such a sale is advantageous to the state.	11746

(B) Except as otherwise provided in this section, a timber	11747
sale agreement shall not be executed unless the person or	11748
governmental entity bidding on the sale executes and files a	11749
surety bond conditioned on completion of the timber sale in	11750
accordance with the terms of the agreement in an amount equal to	11751
twenty-five per cent of the highest value cutting section. All	11752
bonds shall be given in a form prescribed by the chief and shall	11753
run to the state as obligee.	11754

The chief shall not approve any bond until it is personally	11755
signed and acknowledged by both principal and surety, or as to	11756
either by the attorney in fact thereof, with a certified copy of	11757
the power of attorney attached. The chief shall not approve the	11758
bond unless there is attached a certificate of the superintendent	11759
of insurance that the company is authorized to transact a fidelity	11760
and surety business in this state.	11761

In lieu of a bond, the bidder may deposit any of the	11762
following:	11763

(1) Cash in an amount equal to the amount of the bond;

11764

(2) United States government securities having a par value	11765
equal to or greater than the amount of the bond;	11766

(3) Negotiable certificates of deposit or irrevocable letters	11767
of credit issued by any bank organized or transacting business in	11768
this state having a par value equal to or greater than the amount	11769
of the bond.	11770

The cash or securities shall be deposited on the same terms	11771
as bonds. If one or more certificates of deposit are deposited in	11772
lieu of a bond, the chief shall require the bank that issued any	11773
of the certificates to pledge securities of the aggregate market	11774
value equal to the amount of the certificate or certificates that	11775
is in excess of the amount insured by the federal deposit	11776
insurance corporation. The securities to be pledged shall be those	11777
designated as eligible under section 135.18 of the Revised Code.	11778
The securities shall be security for the repayment of the	11779
certificate or certificates of deposit.	11780

Immediately upon a deposit of cash, securities, certificates	11781
of deposit, or letters of credit, the chief shall deliver them to	11782
the treasurer of state, who shall hold them in trust for the	11783
purposes for which they have been deposited. The treasurer of	11784
state is responsible for the safekeeping of the deposits. A bidder	11785
making a deposit of cash, securities, certificates of deposit, or	11786
letters of credit may withdraw and receive from the treasurer of	11787
state, on the written order of the chief, all or any portion of	11788
the cash, securities, certificates of deposit, or letters of	11789
credit upon depositing with the treasurer of state cash, other	11790
United States government securities, or other negotiable	11791
certificates of deposit or irrevocable letters of credit issued by	11792
any bank organized or transacting business in this state, equal in	11793
par value to the par value of the cash, securities, certificates	11794
of deposit, or letters of credit withdrawn.	11795

A bidder may demand and receive from the treasurer of state	11796
all interest or other income from any such securities or	11797
certificates as it becomes due. If securities so deposited with	11798
and in the possession of the treasurer of state mature or are	11799
called for payment by their issuer, the treasurer of state, at the	11800
request of the bidder who deposited them, shall convert the	11801
proceeds of the redemption or payment of the securities into other	11802
United States government securities, negotiable certificates of	11803
deposit, or cash as the bidder designates.	11804

When the chief finds that a person or governmental agency has	11805
failed to comply with the conditions of the person's or	11806
governmental agency's bond, the chief shall make a finding of that	11807
fact and declare the bond, cash, securities, certificates, or	11808
letters of credit forfeited. The chief thereupon shall certify the	11809
total forfeiture to the attorney general, who shall proceed to	11810
collect the amount of the bond, cash, securities, certificates, or	11811
letters of credit.	11812

In lieu of total forfeiture, the surety, at its option, may	11813
cause the timber sale to be completed or pay to the treasurer of	11814
state the cost thereof.	11815

All moneys collected as a result of forfeitures of bonds,	11816
cash, securities, certificates, and letters of credit under this	11817
section shall be credited to the state forest fund created in this	11818
section.	11819

(C) The chief may grant easements and leases on portions of	11820
the state forest lands and state forest nurseries under terms that	11821
are advantageous to the state, and the chief may grant mineral	11822
rights on a royalty basis on those lands and nurseries, with the	11823
approval of the attorney general and the director.	11824

(D) All moneys received from the sale of state forest lands,	11825
or in payment for easements or leases on or as rents from those	11826
lands or from state forest nurseries, shall be paid into the state	11827
treasury to the credit of the state forest fund, which is hereby	11828
created. All moneys received from the sale of standing timber	11829
taken from the state forest lands shall be deposited into the	11830
state treasury. Twenty-five per cent of the moneys so deposited	11831
shall be credited to the state forest fund. Seventy-five per cent	11832
of the moneys so deposited shall be credited to the general	11833
revenue fund. All moneys received from the sale of forest	11834
products, other than standing timber, and minerals taken from the	11835
state forest lands and state forest nurseries, together with	11836
royalties from mineral rights, shall be paid into the state	11837
treasury to the credit of the state forest fund.	11838

At the time of making such a ~~payment or~~ deposit into the	11839
state treasury to the credit of the general revenue fund, the	11840
chief shall determine the amount and ~~gross~~net value of all such	11841
~~products~~standing timber sold ~~or royalties received~~ from lands and	11842
nurseries in each county, in each township within the county, and	11843
in each school district within the county. Afterward the chief	11844
shall send to each county treasurer a copy of the determination	11845
and shall provide for payment to the county treasurer, for the use	11846
of the general fund of that county from the amount so received as	11847
provided in this division, an amount equal to ~~eighty~~sixty-five	11848
per cent of the ~~gross~~net value of the ~~products~~standing timber	11849
sold ~~or royalties received~~ from lands and nurseries located in	11850
that county. The county auditor shall do all of the following:	11851

(1) Retain for the use of the general fund of the county	11852
one-fourth of the amount received by the county under division (D)	11853
of this section;	11854

(2) Pay into the general fund of any township located within	11855
the county and containing such lands and nurseries one-fourth of	11856
the amount received by the county from ~~products~~standing timber	11857
sold ~~or royalties received~~ from lands and nurseries located in the	11858
township;	11859

(3) Request the board of education of any school district	11860
located within the county and containing such lands and nurseries	11861
to identify which fund or funds of the district should receive the	11862
moneys available to the school district under division (D)(3) of	11863
this section. After receiving notice from the board, the county	11864
auditor shall pay into the fund or funds so identified one-half of	11865
the amount received by the county from ~~products~~standing timber	11866
sold ~~or royalties received~~ from lands and nurseries located in the	11867
school district, distributed proportionately as identified by the	11868
board.	11869

The division of forestry shall not supply logs, lumber, or	11870
other forest products or minerals, taken from the state forest	11871
lands or state forest nurseries, to any other agency or	11872
subdivision of the state unless payment is made therefor in the	11873
amount of the actual prevailing value thereof. This section is	11874
applicable to the moneys so received. All moneys received from the	11875
sale of reforestation tree stock or other revenues derived from	11876
the operation of the state forests, facilities, or equipment shall	11877
be paid into the state forest fund.	11878

The fund shall not be expended for any purpose other than the	11879
administration, operation, maintenance, development, or	11880
utilization of the state forests, forest nurseries, and forest	11881
programs, for facilities or equipment incident to them, or for the	11882
further purchase of lands for state forest or forest nursery	11883
purposes.	11884

Sec. 1513.05. There is hereby created a reclamation	11885
commission consisting of seven members appointed by the governor	11886
with the advice and consent of the senate. For the purposes of	11887
hearing appeals under section 1513.13 of the Revised Code that	11888
involve mine safety issues, the reclamation commission shall	11889
consist of two additional members appointed specifically for that	11890
function by the governor with the advice and consent of the	11891
senate. All terms of office shall be for five years, commencing on	11892
the twenty-ninth day of June and ending on the twenty-eighth day	11893
of June. Each member shall hold office from the date of	11894
appointment until the end of the term for which the appointment	11895
was made. Each vacancy occurring on the commission shall be filled	11896
by appointment within sixty days after the vacancy occurs. Any	11897
member appointed to fill a vacancy occurring prior to the	11898
expiration of the term for which the member's predecessor was	11899
appointed shall hold office for the remainder of such term. Any	11900
member shall continue in office subsequent to the expiration date	11901
of the member's term until the member's successor takes office, or	11902
until a period of sixty days has elapsed, whichever occurs first.	11903

Two of the appointees to the commission shall be persons who,	11904
at the time of their appointment, own and operate a farm or are	11905
retired farmers. Notwithstanding section 1513.04 of the Revised	11906
Code, one of the appointees to the commission shall be a person	11907
who, at the time of appointment, is the representative of an	11908
operator of a coal mine. One of the appointees to the commission	11909
shall be a person who, by reason of the person's previous	11910
vocation, employment, or affiliations, can be classed as a	11911
representative of the public. One of the appointees to the	11912
commission shall be a person who, by reason of previous training	11913
and experience, can be classed as one learned and experienced in	11914
modern forestry practices. One of the appointees to the commission	11915
shall be a person who, by reason of previous training and	11916
experience, can be classed as one learned and experienced in	11917
agronomy. One of the appointees to the commission shall be either	11918
a person who, by reason of previous training and experience, can	11919
be classed as one capable and experienced in earth-grading	11920
problems, or a civil engineer. Beginning not later than five years	11921
after the effective date of this amendment, at least one of the	11922
seven appointees to the commission shall be an attorney at law who	11923
is admitted to practice in this state and is familiar with mining	11924
issues. Not more than four members shall be members of the same	11925
political party.	11926

The two additional members of the commission who are	11927
appointed specifically to hear appeals that involve mine safety	11928
issues shall be individuals who, because of previous vocation,	11929
employment, or affiliation, can be classified as representatives	11930
of employees currently engaged in mining operations. One shall be	11931
a representative of coal miners, and one shall be a representative	11932
of aggregates miners. Prior to making the appointment, the	11933
governor shall request the highest ranking officer in the major	11934
employee organization representing coal miners in this state to	11935
submit to the governor the names and qualifications of three	11936
nominees and shall request the highest ranking officer in the	11937
major employee organization representing aggregates miners in this	11938
state to do the same. The governor shall appoint one person	11939
nominated by each organization to the commission. The nominees	11940
shall have not less than five years of practical experience in	11941
dealing with mine health and safety issues and at the time of the	11942
nomination shall be employed in positions that involve the	11943
protection of the health and safety of miners. The major employee	11944
organization representing coal miners and the major employee	11945
organization representing aggregates miners shall represent a	11946
membership consisting of the largest number of coal miners and	11947
aggregates miners, respectively, in this state compared to other	11948
employee organizations in the year prior to the year in which the	11949
appointments are made.	11950

When the commission hears an appeal that involves a coal	11951
mining safety issue, one of the commission members who owns and	11952
operates a farm or is a retired farmer shall be replaced by the	11953
additional member who is a representative of coal miners. When the	11954
commission hears an appeal that involves an aggregates mining	11955
safety issue, one of the commission members who owns and operates	11956
a farm or is a retired farmer shall be replaced by the additional	11957
member who is a representative of aggregates miners. Neither of	11958
the additional members who are appointed specifically to hear	11959
appeals that involve mine safety issues shall be considered to be	11960
members of the commission for any other purpose, and they shall	11961
not participate in any other matters that come before the	11962
commission.	11963

The commission may appoint a secretary to hold office at its	11964
pleasure. A commission member may serve as secretary. The	11965
secretary shall perform such duties as the commission prescribes,	11966
and shall receive such compensation as the commission fixes in	11967
accordance with such schedules as are provided by law for the	11968
compensation of state employees.	11969

The commission shall appoint one or more hearing officers who	11970
shall be attorneys at law admitted to practice in this state to	11971
conduct hearings under this chapter.	11972

Four members constitute a quorum, and no action of the	11973
commission shall be valid unless it has the concurrence of at	11974
least four members. The commission shall keep a record of its	11975
proceedings.	11976

Each member shall be paid as compensation for work as a	11977
member one hundred fifty dollars per day when actually engaged in	11978
the performance of work as a member and when engaged in travel	11979
necessary in connection with such work. In addition to such	11980
compensation each member shall be reimbursed for all traveling,	11981
hotel, and other expenses, in accordance with the current travel	11982
rules of the office of budget and management, necessarily incurred	11983
in the performance of the member's work as a member.	11984

Annually one member shall be elected as chairperson and	11985
another member shall be elected as vice-chairperson for terms of	11986
one year.	11987

The governor may remove any member of the commission from	11988
office for inefficiency, neglect of duty, malfeasance,	11989
misfeasance, or nonfeasance, after delivering to the member the	11990
charges against the member in writing with at least ten days'	11991
written notice of the time and place at which the governor will	11992
publicly hear the member, either in person or by counsel, in	11993
defense of the charges against the member. If the member is	11994
removed from office, the governor shall file in the office of the	11995
secretary of state a complete statement of the charges made	11996
against the member and a complete report of the proceedings. The	11997
action of the governor removing a member from office is final.	11998

The commission shall adopt rules governing procedure of	11999
appeals under section 1513.13 of the Revised Code and may, for its	12000
own internal management, adopt rules that do not affect private	12001
rights.	12002

Sec. 1515.08. The supervisors of a soil and water	12003
conservation district have the following powers in addition to	12004
their other powers:	12005

(A) To conduct surveys, investigations, and research relating	12006
to the character of soil erosion, floodwater and sediment damages,	12007
and the preventive and control measures and works of improvement	12008
for flood prevention and the conservation, development,	12009
utilization, and disposal of water needed within the district, and	12010
to publish the results of those surveys, investigations, or	12011
research, provided that no district shall initiate any research	12012
program except in cooperation or after consultation with the Ohio	12013
agricultural research and development center;	12014

(B) To develop plans for the conservation of soil resources,	12015
for the control and prevention of soil erosion, and for works of	12016
improvement for flood prevention and the conservation,	12017
development, utilization, and disposal of water within the	12018
district, and to publish those plans and information;	12019

(C) To implement, construct, repair, maintain, and operate	12020
preventive and control measures and other works of improvement for	12021
natural resource conservation and development and flood	12022
prevention, and the conservation, development, utilization, and	12023
disposal of water within the district on lands owned or controlled	12024
by this state or any of its agencies and on any other lands within	12025
the district, which works may include any facilities authorized	12026
under state or federal programs, and to acquire, by purchase or	12027
gift, to hold, encumber, or dispose of, and to lease real and	12028
personal property or interests in such property for those	12029
purposes;	12030

(D) To cooperate or enter into agreements with any occupier	12031
of lands within the district in the carrying on of natural	12032
resource conservation operations and works of improvement for	12033
flood prevention and the conservation, development, utilization,	12034
and management of natural resources within the district, subject	12035
to such conditions as the supervisors consider necessary;	12036

(E) To accept donations, gifts, grants, and contributions in	12037
money, service, materials, or otherwise, and to use or expend them	12038
according to their terms;	12039

(F) To adopt, amend, and rescind rules to carry into effect	12040
the purposes and powers of the district;	12041

(G) To sue and plead in the name of the district, and be sued	12042
and impleaded in the name of the district, with respect to its	12043
contracts and, as indicated in section 1515.081 of the Revised	12044
Code, certain torts of its officers, employees, or agents acting	12045
within the scope of their employment or official responsibilities,	12046
or with respect to the enforcement of its obligations and	12047
covenants made under this chapter;	12048

(H) To make and enter into all contracts, leases, and	12049
agreements and execute all instruments necessary or incidental to	12050
the performance of the duties and the execution of the powers of	12051
the district under this chapter, provided that all of the	12052
following apply:	12053

(1) Except as provided in section 307.86 of the Revised Code	12054
regarding expenditures by boards of county commissioners, when the	12055
cost under any such contract, lease, or agreement, other than	12056
compensation for personal services or rental of office space,	12057
involves an expenditure of more than the amount established in	12058
that section regarding expenditures by boards of county	12059
commissioners, the supervisors shall make a written contract with	12060
the lowest and best bidder after advertisement, for not less than	12061
two nor more than four consecutive weeks preceding the day of the	12062
opening of bids, in a newspaper of general circulation within the	12063
district and in such other publications as the supervisors	12064
determine. The notice shall state the general character of the	12065
work and materials to be furnished, the place where plans and	12066
specifications may be examined, and the time and place of	12067
receiving bids.	12068

(2) Each bid for a contract shall contain the full name of	12069
every person interested in it.	12070

(3) Each bid for a contract for the construction, demolition,	12071
alteration, repair, or reconstruction of an improvement shall meet	12072
the requirements of section 153.54 of the Revised Code.	12073

(4) Each bid for a contract, other than a contract for the	12074
construction, demolition, alteration, repair, or reconstruction of	12075
an improvement, at the discretion of the supervisors, may be	12076
accompanied by a bond or certified check on a solvent bank in an	12077
amount not to exceed five per cent of the bid, conditioned that,	12078
if the bid is accepted, a contract shall be entered into.	12079

(5) The supervisors may reject any and all bids.

12080

(I) To make agreements with the department of natural	12081
resources giving it control over lands of the district for the	12082
purpose of construction of improvements by the department under	12083
section 1501.011 of the Revised Code;	12084

(J) To charge, alter, and collect rentals and other charges	12085
for the use or services of any works of the district;	12086

(K) To enter, either in person or by designated	12087
representatives, upon lands, private or public, in the necessary	12088
discharge of their duties;	12089

(L) To enter into agreements or contracts with the department	12090
for the determination, implementation, inspection, and funding of	12091
agricultural pollution abatement and urban sediment pollution	12092
abatement measures whereby landowners, operators, managers, and	12093
developers may meet adopted state standards for a quality	12094
environment, except that failure of a district board of	12095
supervisors to negotiate an agreement or contract with the	12096
department shall authorize the division of soil and water	12097
conservation to implement the required program;	12098

(M) To conduct demonstrations and provide information to the	12099
public regarding practices and methods for natural resource	12100
conservation, development, and utilization;	12101

(N) Until June 1, 1996, to conduct surveys and investigations	12102
relating to the incidence of the multiflora rose within the	12103
district and of the nature and extent of the adverse effects of	12104
the multiflora rose on agriculture, forestry, recreation, and	12105
other beneficial land uses;	12106

(O) Until June 1, 1996, to develop plans for the control of	12107
the multiflora rose within the district and to publish those plans	12108
and information related to control of the multiflora rose;	12109

(P) Until June 1, 1996, to enter into contracts or agreements	12110
with the chief of the division of soil and water conservation to	12111
implement and administer a program for control of the multiflora	12112
rose and to receive and expend funds provided by the chief for	12113
that purpose;	12114

(Q) Until June 1, 1996, to enter into cost-sharing agreements	12115
with landowners for control of the multiflora rose. Before	12116
entering into any such agreement, the board of supervisors shall	12117
determine that the landowner's application meets the eligibility	12118
criteria established under division (E)(6) of section 1511.02 of	12119
the Revised Code. The cost-sharing agreements shall contain the	12120
contract provisions required by the rules adopted under that	12121
division and such other provisions as the board of supervisors	12122
considers appropriate to ensure effective control of the	12123
multiflora rose.	12124

(R) To enter into contracts or agreements with the chief to	12125
implement and administer a program for urban sediment pollution	12126
abatement and to receive and expend moneys provided by the chief	12127
for that purpose;	12128

(S) To develop operation and management plans, as defined in	12129
section 1511.01 of the Revised Code, as necessary;	12130

(T) To determine whether operation and management plans	12131
developed under division (A) of section 1511.021 of the Revised	12132
Code comply with the standards established under division (E)(1)	12133
of section 1511.02 of the Revised Code and to approve or	12134
disapprove the plans, based on such compliance. If an operation	12135
and management plan is disapproved, the board shall provide a	12136
written explanation to the person who submitted the plan. The	12137
person may appeal the plan disapproval to the chief, who shall	12138
afford the person a hearing. Following the hearing, the chief	12139
shall uphold the plan disapproval or reverse it. If the chief	12140
reverses the plan disapproval, the plan shall be deemed approved	12141
under this division. In the event that any person operating or	12142
owning agricultural land or a concentrated animal feeding	12143
operation in accordance with an approved operation and management	12144
plan who, in good faith, is following that plan, causes	12145
agricultural pollution, the plan shall be revised in a fashion	12146
necessary to mitigate the agricultural pollution, as determined	12147
and approved by the board of supervisors of the soil and water	12148
conservation district.	12149

(U) With regard to composting conducted in conjunction with	12150
agricultural operations, to do all of the following:	12151

(1) Upon request or upon their own initiative, inspect	12152
composting at any such operation to determine whether the	12153
composting is being conducted in accordance with section 1511.022	12154
of the Revised Code;	12155

(2) If the board determines that composting is not being so	12156
conducted, request the chief to issue an order under division (G)	12157
of section 1511.02 of the Revised Code requiring the person who is	12158
conducting the composting to prepare a composting plan in	12159
accordance with rules adopted under division (E)(10)(c) of that	12160
section and to operate in accordance with that plan or to operate	12161
in accordance with a previously prepared plan, as applicable;	12162

(3) In accordance with rules adopted under division	12163
(E)(10)(c) of section 1511.02 of the Revised Code, review and	12164
approve or disapprove any such composting plan. If a plan is	12165
disapproved, the board shall provide a written explanation to the	12166
person who submitted the plan.	12167

As used in division (U) of this section, "composting" has the	12168
same meaning as in section 1511.01 of the Revised Code.	12169

(V) With regard to conservation activities that are conducted	12170
in conjunction with agricultural operations, to assist the county	12171
auditor, upon request, in determining whether a conservation	12172
activity is a conservation practice for purposes of Chapter 929.	12173
or sections 5713.30 to 5713.37 and 5715.01 of the Revised Code.	12174

As used in this division, "conservation practice" has the	12175
same meaning as in section 5713.30 of the Revised Code.	12176

(W) To do all acts necessary or proper to carry out the	12177
powers granted in this chapter.	12178

The director of natural resources shall make recommendations	12179
to reduce the adverse environmental effects of each project that a	12180
soil and water conservation district plans to undertake under	12181
division (A), (B), (C), or (D) of this section and that will be	12182
funded in whole or in part by moneys authorized under section	12183
1515.16 of the Revised Code and shall disapprove any such project	12184
that the director finds will adversely affect the environment	12185
without equal or greater benefit to the public. The director's	12186
disapproval or recommendations, upon the request of the district	12187
filed in accordance with rules adopted by the Ohio soil and water	12188
conservation commission, shall be reviewed by the commission,	12189
which may confirm the director's decision, modify it, or add	12190
recommendations to or approve a project the director has	12191
disapproved.	12192

Any instrument by which real property is acquired pursuant to	12193
this section shall identify the agency of the state that has the	12194
use and benefit of the real property as specified in section	12195
5301.012 of the Revised Code.	12196

Sec. 1519.05. (A) As used in this section, "local political	12197
subdivision" and "nonprofit organization" have the same meanings	12198
as in section 164.20 of the Revised Code.	12199

(B) There is hereby created in the state treasury the clean	12200
Ohio trail fund. Twelve and one-half per cent of the net proceeds	12201
of obligations issued and sold pursuant to sections 151.01 and	12202
151.09 of the Revised Code shall be deposited into the fund.	12203

Investment earnings of the fund shall be credited to the	12204
fund~~. For two years after the effective date of this section,~~	12205
~~investment earnings credited to the fund~~and may be used to pay	12206
costs incurred by the director of natural resources in	12207
administering this section.	12208

Money in the clean Ohio trail fund shall not be used for the	12209
appropriation of land, rights, rights-of-way, franchises,	12210
easements, or other property through the exercise of the right of	12211
eminent domain.	12212

The director shall use moneys in the fund exclusively to	12213
provide matching grants to nonprofit organizations and to local	12214
political subdivisions for the purposes of purchasing land or	12215
interests in land for recreational trails and for the construction	12216
of such trails. A matching grant may provide up to seventy-five	12217
per cent of the cost of a recreational trail project, and the	12218
recipient of the matching grant shall provide not less than	12219
twenty-five per cent of that cost.	12220

(C) The director shall establish policies for the purposes of	12221
this section. The policies shall establish all of the following:	12222

(1) Procedures for providing matching grants to nonprofit	12223
organizations and local political subdivisions for the purposes of	12224
purchasing land or interests in land for recreational trails and	12225
for the construction of such trails, including, without	12226
limitation, procedures for both of the following:	12227

(a) Developing a grant application form and soliciting,	12228
accepting, and approving grant applications;	12229

(b) Participation by nonprofit organizations and local	12230
political subdivisions in the application process.	12231

(2) A requirement that an application for a matching grant	12232
for a recreational trail project include a copy of a resolution	12233
supporting the project from each county in which the proposed	12234
project is to be conducted and whichever of the following is	12235
applicable:	12236

(a) If the proposed project is to be conducted wholly within	12237
the geographical boundaries of one township, a copy of a	12238
resolution supporting the project from the township;	12239

(b) If the proposed project is to be conducted wholly within	12240
the geographical boundaries of one municipal corporation, a copy	12241
of a resolution supporting the project from the municipal	12242
corporation;	12243

(c) If the proposed project is to be conducted in more than	12244
one, but fewer than five townships or municipal corporations, a	12245
copy of a resolution supporting the project from at least one-half	12246
of the total number of townships and municipal corporations in	12247
which the proposed project is to be conducted;	12248

(d) If the proposed project is to be conducted in five or	12249
more municipal corporations, a copy of a resolution supporting the	12250
project from at least three-fifths of the total number of	12251
townships and municipal corporations in which the proposed project	12252
is to be conducted.	12253

(3) Eligibility criteria that must be satisfied by an	12254
applicant in order to receive a matching grant and that emphasize	12255
the following:	12256

(a) Synchronization with the statewide trail plan;

12257

(b) Complete regional systems and links to the statewide	12258
trail system;	12259

12260

(d) The provision of links in urban areas that support	12261
commuter access and show economic impact on local communities;	12262

(e) The linkage of population centers with public outdoor	12263
recreation areas and facilities;	12264

(f) The purchase of rail lines that are linked to the	12265
statewide trail plan;	12266

(g) The preservation of natural corridors.

12267

(4) Items of value, such as in-kind contributions of land,	12268
easements or other interests in land, labor, or materials, that	12269
may be considered as contributing toward the percentage of the	12270
cost of a recreational trails project that must be provided by a	12271
matching grant recipient.	12272

Sec. 1521.06. (A) No dam may be constructed for the purpose	12273
of storing, conserving, or retarding water, or for any other	12274
purpose, nor shall any dike or levee be constructed for the	12275
purpose of diverting or retaining flood water, unless the person	12276
or governmental agency desiring the construction has a	12277
construction permit for the dam, dike, or levee issued by the	12278
chief of the division of water.	12279

A construction permit is not required under this section for:

12280

(1) A dam ~~which~~that is or will be less than ten feet in	12281
height and ~~which~~that has or will have a storage capacity of not	12282
more than fifty acre-feet at the elevation of the top of the dam,	12283
as determined by the chief. For the purposes of this section, the	12284
height of a dam shall be measured from the natural stream bed or	12285
lowest ground elevation at the downstream or outside limit of the	12286
dam to the elevation of the top of the dam.	12287

(2) A dam, regardless of height, ~~which~~that has or will have	12288
a storage capacity of not more than fifteen acre-feet at the	12289
elevation of the top of the dam, as determined by the chief;	12290

(3) A dam, regardless of storage capacity, ~~which~~that is or	12291
will be six feet or less in height, as determined by the chief;	12292

(4) A dam, dike, or levee ~~which~~that belongs to a class	12293
exempted by the chief;	12294

(5) The repair, maintenance, improvement, alteration, or	12295
removal of a dam, dike, or levee ~~which~~that is subject to section	12296
1521.062 of the Revised Code, unless the construction constitutes	12297
an enlargement of the structure as determined by the chief;	12298

(6) A dam or impoundment constructed under Chapter 1513. of	12299
the Revised Code.	12300

(B) Before a construction permit may be issued, three copies	12301
of the plans and specifications, including a detailed cost	12302
estimate, for the proposed construction, prepared by a registered	12303
professional engineer, together with the filing fee specified by	12304
this section and the bond or other security required by section	12305
1521.061 of the Revised Code, shall be filed with the chief. The	12306
detailed estimate of the cost shall include all costs associated	12307
with the construction of the dam, dike, or levee, including	12308
supervision and inspection of the construction by a registered	12309
professional engineer. ~~Except for a political subdivision, the~~The	12310
filing fee shall be based on the detailed cost estimate for the	12311
proposed construction as filed with and approved by the chief, and	12312
shall be determined by the following schedule unless otherwise	12313
provided by rules adopted under this section:	12314

(1) For the first one hundred thousand dollars of estimated	12315
cost, a fee of ~~two~~four per cent;	12316

(2) For the next four hundred thousand dollars of estimated	12317
cost, a fee of ~~one and one-half~~three per cent;	12318

(3) For the next five hundred thousand dollars of estimated	12319
cost, a fee of ~~one~~two per cent;	12320

(4) For all costs in excess of one million dollars, a fee of	12321
~~one-quarter~~one-half of one per cent.	12322

In no case shall the filing fee be less than ~~two hundred~~one	12323
thousand dollars or more than ~~fifty~~one hundred thousand dollars.	12324
If the actual cost exceeds the estimated cost by more than fifteen	12325
per cent, an additional filing fee shall be required equal to the	12326
fee determined by the preceding schedule less the original filing	12327
fee. ~~The filing fee for a political subdivision shall be two~~	12328
~~hundred dollars.~~ All fees collected pursuant to this section, and	12329
all fines collected pursuant to section 1521.99 of the Revised	12330
Code, shall be deposited in the state treasury to the credit of	12331
the dam safety fund, which is hereby created. Expenditures from	12332
the fund shall be made by the chief for the purpose of	12333
administering this section and sections 1521.061 and 1521.062 of	12334
the Revised Code.	12335

(C) The chief shall, within thirty days from the date of the	12336
receipt of the application, fee, and bond or other security, issue	12337
or deny a construction permit for the construction or may issue a	12338
construction permit conditioned upon the making of such changes in	12339
the plans and specifications for the construction as hethe chief	12340
considers advisable if hethe chief determines that the	12341
construction of the proposed dam, dike, or levee, in accordance	12342
with the plans and specifications filed, would endanger life,	12343
health, or property.	12344

(D) The chief may deny a construction permit ~~if he finds~~	12345
after finding that a dam, dike, or levee built in accordance with	12346
the plans and specifications would endanger life, health, or	12347
property, because of improper or inadequate design, or for such	12348
other reasons as the chief may determine.	12349

In the event the chief denies a permit for the construction	12350
of the dam, dike, or levee, or issues a permit conditioned upon a	12351
making of changes in the plans or specifications for the	12352
construction, hethe chief shall state ~~his~~the reasons therefor	12353
and so notify, in writing, the person or governmental agency	12354
making the application for a permit. If the permit is denied, the	12355
chief shall return the bond or other security to the person or	12356
governmental agency making application for the permit.	12357

The decision of the chief conditioning or denying a	12358
construction permit is subject to appeal as provided in Chapter	12359
119. of the Revised Code. A dam, dike, or levee built	12360
substantially at variance from the plans and specifications upon	12361
which a construction permit was issued is in violation of this	12362
section. The chief may at any time inspect any dam, dike, or	12363
levee, or site upon which any dam, dike, or levee is to be	12364
constructed, in order to determine whether it complies with this	12365
section.	12366

(E) A registered professional engineer shall inspect the	12367
construction for which the permit was issued during all phases of	12368
construction and shall furnish to the chief such regular reports	12369
of ~~his~~the engineer's inspections as the chief may require. When	12370
the chief finds that construction has been fully completed in	12371
accordance with the terms of the permit and the plans and	12372
specifications approved by ~~him~~the chief, hethe chief shall	12373
approve the construction. When one year has elapsed after approval	12374
of the completed construction, and the chief finds that within	12375
this period no fact has become apparent to indicate that the	12376
construction was not performed in accordance with the terms of the	12377
permit and the plans and specifications approved by the chief, or	12378
that the construction as performed would endanger life, health, or	12379
property, hethe chief shall release the bond or other security.	12380
No bond or other security shall be released until one year after	12381
final approval by the chief, unless the dam, dike, or levee has	12382
been modified so that it will not retain water and has been	12383
approved as nonhazardous after determination by the chief that the	12384
dam, dike, or levee as modified will not endanger life, health, or	12385
property.	12386

(F) When inspections required by this section are not being	12387
performed, the chief shall notify the person or governmental	12388
agency to which the permit has been issued that inspections are	12389
not being performed by the registered professional engineer and	12390
that the chief will inspect the remainder of the construction.	12391
Thereafter, the chief shall inspect the construction and the cost	12392
of inspection shall be charged against the owner. Failure of the	12393
registered professional engineer to submit required inspection	12394
reports shall be deemed notice that ~~his~~the engineer's inspections	12395
are not being performed.	12396

(G) The chief may order construction to cease on any dam,	12397
dike, or levee ~~which~~that is being built in violation of ~~the~~	12398
~~provisions of~~ this section, and may prohibit the retention of	12399
water behind any dam, dike, or levee ~~which~~that has been built in	12400
violation of ~~the provisions of~~ this section. The attorney general,	12401
upon written request of the chief, may bring an action for an	12402
injunction against any person who violates this section or to	12403
enforce an order or prohibition of the chief made pursuant to this	12404
section.	12405

(H) The chief may adopt rules in accordance with Chapter 119.	12406
of the Revised Code, for the design and construction of dams,	12407
dikes, and levees for which a construction permit is required by	12408
this section or for which periodic inspection is required by	12409
section 1521.062 of the Revised Code, for establishing a filing	12410
fee schedule in lieu of the schedule established under division	12411
(B) of this section, for deposit and forfeiture of bonds and other	12412
securities required by section 1521.061 of the Revised Code, for	12413
the periodic inspection, operation, repair, improvement,	12414
alteration, or removal of all dams, dikes, and levees, as	12415
specified in section 1521.062 of the Revised Code, and for	12416
establishing classes of dams, dikes, or levees ~~which~~that are	12417
exempt from the requirements of sections 1521.06 and 1521.062 of	12418
the Revised Code as being of a size, purpose, or situation ~~which~~	12419
that does not present a substantial hazard to life, health, or	12420
property. The chief may, by rule, limit the period during which a	12421
construction permit issued under this section is valid. If a	12422
construction permit expires before construction is completed, the	12423
person or agency shall apply for a new permit, and shall not	12424
continue construction until the new permit is issued.	12425

~~(I) As used in this section and section 1521.063 of the~~	12426
~~Revised Code, "political subdivision" includes townships,~~	12427
~~municipal corporations, counties, school districts, municipal~~	12428
~~universities, park districts, sanitary districts, and conservancy~~	12429
~~districts and subdivisions thereof.~~	12430

Sec. 1521.063. (A) Except for ~~a political subdivision~~the	12431
federal government, the owner of any dam subject to section	12432
1521.062 of the Revised Code shall pay an annual fee, based upon	12433
the height of the dam, to the division of water on or before June	12434
30, 1988, and on or before the thirtieth day of June of each	12435
succeeding year. The annual fee shall be as follows until	12436
otherwise provided by rules adopted under this section:	12437

(1) For any dam classified as a class I dam under rules	12438
adopted by the chief of the division of water under section	12439
1521.06 of the Revised Code, thirty dollars plus ~~three~~ten dollars	12440
per foot of height of dam;	12441

(2) For any dam classified as a class II dam under those	12442
rules, thirty dollars plus one dollar per foot of height of dam;	12443

(3) For any dam classified as a class III dam under those	12444
rules, thirty dollars.	12445

For purposes of this section, the height of a dam is the	12446
vertical height, to the nearest foot, as determined by the	12447
division under section 1521.062 of the Revised Code. All fees	12448
collected under this section shall be deposited in the dam safety	12449
fund created in section 1521.06 of the Revised Code. Any owner who	12450
fails to pay any annual fee required by this section within sixty	12451
days after the due date shall be assessed a penalty of ten per	12452
cent of the annual fee plus interest at the rate of one-half per	12453
cent per month from the due date until the date of payment.	12454

(B) The chief shall, in accordance with Chapter 119. of the	12455
Revised Code, adopt, and may amend or rescind, rules for the	12456
collection of fees and the administration, implementation, and	12457
enforcement of this section and for the establishment of an annual	12458
fee schedule in lieu of the schedule established under division	12459
(A) of this section.	12460

(C)(1) No person, political subdivision, or state	12461
governmental agency shall violate or fail to comply with this	12462
section or any rule or order adopted or issued under it.	12463

(2) The attorney general, upon written request of the chief,	12464
may commence an action against any such violator. Any action under	12465
division (C)(2) of this section is a civil action.	12466

(D) As used in this section, "political subdivision" includes	12467
townships, municipal corporations, counties, school districts,	12468
municipal universities, park districts, sanitary districts, and	12469
conservancy districts and subdivisions thereof.	12470

Sec. 1531.26. There is hereby created in the state treasury	12471
the nongame and endangered wildlife fund, which shall consist of	12472
moneys paid into it by the tax commissioner under section 5747.113	12473
of the Revised Code, moneys deposited in the fund from the	12474
issuance of wildlife conservation license plates under section	12475
4503.57 of the Revised Code, moneys deposited in the fund from the	12476
issuance of bald eagle license plates under section 4503.572 of	12477
the Revised Code, moneys credited to the fund under section	12478
1533.151 of the Revised Code, and of contributions made directly	12479
to it. Any person may contribute directly to the fund in addition	12480
to or independently of the income tax refund contribution system	12481
established in section 5747.113 of the Revised Code. Moneys in the	12482
fund shall be disbursed pursuant to vouchers approved by the	12483
director of natural resources for use by the division of wildlife	12484
solely for the purchase, management, preservation, propagation,	12485
protection, and stocking of wild animals that are not commonly	12486
taken for sport or commercial purposes, including the acquisition	12487
of title and easements to lands, biological investigations, law	12488
enforcement, production of educational materials, sociological	12489
surveys, habitat development, and personnel and equipment costs;	12490
and for carrying out section 1531.25 of the Revised Code. Moneys	12491
in the fund also may be used to promote and develop nonconsumptive	12492
wildlife recreational opportunities involving wild animals. Moneys	12493
in the fund from the issuance of bald eagle license plates under	12494
section 4503.572 of the Revised Code shall be expended by the	12495
division only to pay the costs of acquiring, developing, and	12496
restoring habitat for bald eagles within this state. Moneys in the	12497
fund from any other source also may be used to pay the costs of	12498
acquiring, developing, and restoring habitat for bald eagles	12499
within this state.	12500

All investment earnings of the fund shall be credited to the	12501
fund. Subject to the approval of the director, the chief of the	12502
division of wildlife may enter into agreements that the chief	12503
considers appropriate to obtain additional moneys for the	12504
protection of nongame native wildlife under the "Endangered	12505
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1541-1543, as	12506
amended, and the "Fish and Wildlife Conservation Act of 1980," 94	12507
Stat. 1322, 16 U.S.C.A. 2901-2911, as amended. Moneys appropriated	12508
from the fund are not intended to replace other moneys	12509
appropriated for these purposes.	12510

Sec. 1533.08. Except as otherwise provided by division rule,	12511
any person desiring to collect wild animals that are protected by	12512
law or their nests or eggs for scientific study, school	12513
instruction, other educational uses, or rehabilitation shall make	12514
application to the chief of the division of wildlife for a wild	12515
animal collecting permit on a form furnished by the chief. Each	12516
applicant for a wild animal collecting permit, other than an	12517
applicant desiring to rehabilitate wild animals, shall pay an	12518
annual fee of ~~ten~~twenty-five dollars for each permit. No fee	12519
shall be charged to an applicant desiring to rehabilitate wild	12520
animals. When it appears that the application is made in good	12521
faith, the chief shall issue to the applicant a permit to take,	12522
possess, and transport at any time and in any manner specimens of	12523
wild animals protected by law or their nests and eggs for	12524
scientific study, school instruction, other educational uses, or	12525
rehabilitation and under any additional rules recommended by the	12526
wildlife council. Upon the receipt of a permit, the holder may	12527
take, possess, and transport those wild animals in accordance with	12528
the permit.	12529

Each holder of a permit engaged in collecting such wild	12530
animals shall carry the permit at all times and shall exhibit it	12531
upon demand to any wildlife officer, constable, sheriff, deputy	12532
sheriff, or police officer, to the owner or person in lawful	12533
control of the land upon which the permit holder is collecting, or	12534
to any other person. Failure to so carry or exhibit the permit	12535
constitutes an offense under this section.	12536

Each permit holder shall keep a daily record of all specimens	12537
collected under the permit and the disposition of the specimens	12538
and shall exhibit the daily record to any official of the division	12539
upon demand.	12540

Each permit shall remain in effect for one year from the date	12541
of issuance unless it is revoked sooner by the chief.	12542

All moneys received as fees for the issuance of a wild animal	12543
collecting permit shall be transmitted to the director of natural	12544
resources to be paid into the state treasury to the credit of the	12545
fund created by section 1533.15 of the Revised Code.	12546

Sec. 1533.10. Except as provided in this section or division	12547
(A) of section 1533.12 of the Revised Code, no person shall hunt	12548
any wild bird or wild quadruped without a hunting license. Each	12549
day that any person hunts within the state without procuring such	12550
a license constitutes a separate offense. Every applicant for a	12551
hunting license who is a resident of the state and sixteen years	12552
of age or more shall procure a resident hunting license, the fee	12553
for which shall be ~~fourteen~~eighteen dollars, unless the rules	12554
adopted under division (B) of section 1533.12 of the Revised Code	12555
provide for issuance of a resident hunting license to the	12556
applicant free of charge. Every applicant who is a resident of the	12557
state and under the age of sixteen years shall procure a special	12558
youth hunting license, the fee for which shall be one-half of the	12559
regular hunting license fee. The owner of lands in the state and	12560
the owner's children of any age and grandchildren under eighteen	12561
years of age may hunt on the lands without a hunting license. The	12562
tenant ~~or manager~~ and children of the tenant ~~or manager~~, residing	12563
on lands in the state, may hunt on them without a hunting license.	12564
Every applicant for a hunting license who is a nonresident of the	12565
state shall procure a nonresident hunting license, the fee for	12566
which shall be ~~ninety~~one hundred twenty-four dollars, unless the	12567
applicant is a resident of a state that is a party to an agreement	12568
under section 1533.91 of the Revised Code, in which case the fee	12569
shall be ~~fourteen~~eighteen dollars.	12570

The chief of the division of wildlife may issue a ~~tourist's~~	12571
small game hunting license expiring three days from the effective	12572
date of the license to a nonresident of the state, the fee for	12573
which shall be ~~twenty-four~~thirty-nine dollars. No person shall	12574
take or possess deer, wild turkeys, fur-bearing animals, ducks,	12575
geese, brant, or any nongame animal while possessing only a	12576
~~tourist's~~small game hunting license. A ~~tourist's~~small game	12577
hunting license does not authorize the taking or possessing of	12578
ducks, geese, or brant without having obtained, in addition to the	12579
~~tourist's~~small game hunting license, a wetlands habitat stamp as	12580
provided in section 1533.112 of the Revised Code. A ~~tourist's~~	12581
small game hunting license does not authorize the taking or	12582
possessing of deer, wild turkeys, or fur-bearing animals. A	12583
nonresident of the state who wishes to take or possess deer, wild	12584
turkeys, or fur-bearing animals in this state shall procure,	12585
respectively, a special deer or wild turkey permit as provided in	12586
section 1533.11 of the Revised Code or a fur taker permit as	12587
provided in section 1533.111 of the Revised Code in addition to a	12588
nonresident hunting license as provided in this section.	12589

No person shall procure or attempt to procure a hunting	12590
license by fraud, deceit, misrepresentation, or any false	12591
statement.	12592

This section does not authorize the taking and possessing of	12593
deer or wild turkeys without first having obtained, in addition to	12594
the hunting license required by this section, a special deer or	12595
wild turkey permit as provided in section 1533.11 of the Revised	12596
Code or the taking and possessing of ducks, geese, or brant	12597
without first having obtained, in addition to the hunting license	12598
required by this section, a wetlands habitat stamp as provided in	12599
section 1533.112 of the Revised Code.	12600

This section does not authorize the hunting or trapping of	12601
fur-bearing animals without first having obtained, in addition to	12602
a hunting license required by this section, a fur taker permit as	12603
provided in section 1533.111 of the Revised Code.	12604

No hunting license shall be issued unless it is accompanied	12605
by a written explanation of the law in section 1533.17 of the	12606
Revised Code and the penalty for its violation, including a	12607
description of terms of imprisonment and fines that may be	12608
imposed.	12609

No hunting license shall be issued unless the applicant	12610
presents to the agent authorized to issue the license a previously	12611
held hunting license or evidence of having held such a license in	12612
content and manner approved by the chief, a certificate of	12613
completion issued upon completion of a hunter education and	12614
conservation course approved by the chief, or evidence of	12615
equivalent training in content and manner approved by the chief.	12616

No person shall issue a hunting license to any person who	12617
fails to present the evidence required by this section. No person	12618
shall purchase or obtain a hunting license without presenting to	12619
the issuing agent the evidence required by this section. Issuance	12620
of a hunting license in violation of the requirements of this	12621
section is an offense by both the purchaser of the illegally	12622
obtained hunting license and the clerk or agent who issued the	12623
hunting license. Any hunting license issued in violation of this	12624
section is void.	12625

The chief, with approval of the wildlife council, shall adopt	12626
rules prescribing a hunter education and conservation course for	12627
first-time hunting license buyers and for volunteer instructors.	12628
The course shall consist of subjects including, but not limited	12629
to, hunter safety and health, use of hunting implements, hunting	12630
tradition and ethics, the hunter and conservation, the law in	12631
section 1533.17 of the Revised Code along with the penalty for its	12632
violation, including a description of terms of imprisonment and	12633
fines that may be imposed, and other law relating to hunting.	12634
Authorized personnel of the division or volunteer instructors	12635
approved by the chief shall conduct such courses with such	12636
frequency and at such locations throughout the state as to	12637
reasonably meet the needs of license applicants. The chief shall	12638
issue a certificate of completion to each person who successfully	12639
completes the course and passes an examination prescribed by the	12640
chief.	12641

Sec. 1533.101. Any person who has been issued a hunting or	12642
fishing license, a wetlands habitat stamp, a deer or wild turkey	12643
permit, or a fur taker permit for the current license, stamp, or	12644
permit year or for the license, stamp, or permit year next	12645
preceding the current such year pursuant to this chapter, and if	12646
the license, stamp, or permit has been lost, destroyed, or stolen,	12647
may be issued a reissued hunting or fishing license, wetlands	12648
habitat stamp, deer or wild turkey permit, or fur taker permit.	12649
The person shall file with the clerk of the court of common pleas	12650
an application in affidavit form or, if the chief of the division	12651
of wildlife authorizes it, apply for a reissued license, stamp, or	12652
permit to an authorized agent designated by the chief, and pay a	12653
fee for each license, stamp, or permit of ~~two~~four dollars plus	12654
one dollar to the clerk or agent, who shall issue a reissued	12655
license, stamp, or permit that shall allow the applicant to hunt,	12656
fish, or trap, as the case may be. The clerk or agent shall	12657
administer the oath to the applicant and shall send a copy of the	12658
reissued license, stamp, or permit to the division of wildlife.	12659

All moneys received as fees for the issuance of reissued	12660
licenses, stamps, or permits shall be transmitted to the director	12661
of natural resources to be paid into the state treasury to the	12662
credit of the funds to which the fees for the original licenses,	12663
stamps, and permits were credited.	12664

No person shall knowingly or willfully secure, attempt to	12665
secure, or use a reissued hunting or fishing license, wetlands	12666
habitat stamp, deer or wild turkey permit, or fur taker permit to	12667
which the person is not entitled. No person shall knowingly or	12668
willfully issue a reissued hunting or fishing license, wetlands	12669
habitat stamp, deer or wild turkey permit, or fur taker permit	12670
under this section to any person who is not entitled to receive	12671
and use such a reissued license, stamp, or permit.	12672

Sec. 1533.11. (A) Except as provided in this section, no	12673
person shall hunt deer on lands of another without first obtaining	12674
an annual special deer permit. Except as provided in this section,	12675
no person shall hunt wild turkeys on lands of another without	12676
first obtaining an annual special wild turkey permit. Each	12677
applicant for a special deer or wild turkey permit shall pay an	12678
annual fee of ~~nineteen~~twenty-three dollars for each permit,	12679
together with the one-dollar ~~as a~~ fee to the clerk or other	12680
issuing agent established in section 1533.13 of the Revised Code,	12681
for the permit unless the rules adopted under division (B) of	12682
section 1533.12 of the Revised Code provide for issuance of a deer	12683
or wild turkey permit to the applicant free of charge. Except as	12684
provided in division (A) of section 1533.12 of the Revised Code, a	12685
deer or wild turkey permit shall run concurrently with the hunting	12686
license. The money received, other than the ~~one-dollar~~issuing	12687
agent's fee ~~provided for above~~, shall be paid into the state	12688
treasury to the credit of the wildlife fund, created in section	12689
1531.17 of the Revised Code, exclusively for the use of the	12690
division of wildlife in the acquisition and development of land	12691
for deer or wild turkey management, for investigating deer or wild	12692
turkey problems, and for the stocking, management, and protection	12693
of deer or wild turkey. Every person, while hunting deer or wild	12694
turkey on lands of another, shall carry the person's special deer	12695
or wild turkey permit and exhibit it to any enforcement officer so	12696
requesting. Failure to so carry and exhibit such a permit	12697
constitutes an offense under this section. The chief of the	12698
division of wildlife shall adopt any additional rules the chief	12699
considers necessary to carry out this section and section 1533.10	12700
of the Revised Code.	12701

The owner and the children of the owner of lands in this	12702
state may hunt deer or wild turkey thereon without a special deer	12703
or wild turkey permit. The tenant ~~or manager~~ and children of the	12704
tenant ~~or manager~~ may hunt deer or wild turkey on lands where they	12705
reside without a special deer or wild turkey permit.	12706

(B) A special deer or wild turkey permit is not transferable.	12707
No person shall carry a special deer or wild turkey permit issued	12708
in the name of another person.	12709

(C) The wildlife refunds fund is hereby created in the state	12710
treasury. The fund shall consist of money received from	12711
application fees for special deer permits that are not issued.	12712
Money in the fund shall be used to make refunds of such	12713
application fees.	12714

Sec. 1533.111. Except as provided in this section or	12715
division (A) of section 1533.12 of the Revised Code, no person	12716
shall hunt or trap fur-bearing animals on land of another without	12717
first obtaining an annual fur taker permit. Each applicant for a	12718
fur taker permit shall pay an annual fee of ~~ten~~fourteen dollars,	12719
together with one dollar as a fee to the clerk or other issuing	12720
agent, for the permit, except as otherwise provided in this	12721
section or unless the rules adopted under division (B) of section	12722
1533.12 of the Revised Code provide for issuance of a fur taker	12723
permit to the applicant free of charge. Each applicant who is a	12724
resident of the state and under the age of sixteen years shall	12725
procure a special youth fur taker permit, the fee for which shall	12726
be one-half of the regular fur taker permit fee and which shall be	12727
paid together with the one-dollar ~~as a~~ fee to the clerk or other	12728
issuing agent established in section 1533.13 of the Revised Code.	12729
The fur taker permit shall run concurrently with the hunting	12730
license. The money received, other than the ~~one- dollar~~issuing	12731
agent's fee ~~provided for in this section~~, shall be paid into the	12732
state treasury to the credit of the fund established in section	12733
1533.15 of the Revised Code.	12734

No fur taker permit shall be issued unless it is accompanied	12735
by a written explanation of the law in section 1533.17 of the	12736
Revised Code and the penalty for its violation, including a	12737
description of terms of imprisonment and fines that may be	12738
imposed.	12739

No fur taker permit shall be issued unless the applicant	12740
presents to the agent authorized to issue a fur taker permit a	12741
previously held hunting license or trapping or fur taker permit or	12742
evidence of having held such a license or permit in content and	12743
manner approved by the chief of the division of wildlife, a	12744
certificate of completion issued upon completion of a trapper	12745
education course approved by the chief, or evidence of equivalent	12746
training in content and manner approved by the chief.	12747

No person shall issue a fur taker permit to any person who	12748
fails to present the evidence required by this section. No person	12749
shall purchase or obtain a fur taker permit without presenting to	12750
the issuing agent the evidence required by this section. Issuance	12751
of a fur taker permit in violation of the requirements of this	12752
section is an offense by both the purchaser of the illegally	12753
obtained permit and the clerk or agent who issued the permit. Any	12754
fur taker permit issued in violation of this section is void.	12755

The chief, with approval of the wildlife council, shall adopt	12756
rules prescribing a trapper education course for first-time fur	12757
taker permit buyers and for volunteer instructors. The course	12758
shall consist of subjects that include, but are not limited to,	12759
trapping techniques, animal habits and identification, trapping	12760
tradition and ethics, the trapper and conservation, the law in	12761
section 1533.17 of the Revised Code along with the penalty for its	12762
violation, including a description of terms of imprisonment and	12763
fines that may be imposed, and other law relating to trapping.	12764
Authorized personnel of the division of wildlife or volunteer	12765
instructors approved by the chief shall conduct the courses with	12766
such frequency and at such locations throughout the state as to	12767
reasonably meet the needs of permit applicants. The chief shall	12768
issue a certificate of completion to each person who successfully	12769
completes the course and passes an examination prescribed by the	12770
chief.	12771

Every person, while hunting or trapping fur-bearing animals	12772
on lands of another, shall carry the person's fur taker permit	12773
affixed to the person's hunting license with the person's	12774
signature written across the face of the permit. Failure to carry	12775
such a signed permit constitutes an offense under this section.	12776
The chief shall adopt any additional rules the chief considers	12777
necessary to carry out this section.	12778

The owner and the children of the owner of lands in this	12779
state may hunt or trap fur-bearing animals thereon without a fur	12780
taker permit. The tenant ~~or manager~~ and children of the tenant or	12781
~~manager~~ may hunt or trap fur-bearing animals on lands where they	12782
reside without a fur taker permit.	12783

A fur taker permit is not transferable. No person shall carry	12784
a fur taker permit issued in the name of another person.	12785

A fur taker permit entitles a nonresident to take from this	12786
state fur-bearing animals taken and possessed by the nonresident	12787
as provided by law or division rule.	12788

Sec. 1533.112. Except as provided in this section or unless	12789
otherwise provided by division rule, no person shall hunt ducks,	12790
geese, or brant on the lands of another without first obtaining an	12791
annual wetlands habitat stamp. The annual fee for the wetlands	12792
habitat stamp shall be ~~ten~~fourteen dollars for each stamp,	12793
together with the one-dollar ~~as a~~ fee to the clerk or other	12794
issuing agent established in section 1533.13 of the Revised Code,	12795
unless the rules adopted under division (B) of section 1533.12	12796
provide for issuance of a wetlands habitat stamp to the applicant	12797
free of charge.	12798

Moneys received from the stamp fee, other than the ~~one-~~	12799
~~dollar clerk's~~issuing agent's fee, shall be paid into the state	12800
treasury to the credit of the wetlands habitat fund, which is	12801
hereby established. Moneys shall be paid from the fund on the	12802
order of the director of natural resources for the following	12803
purposes:	12804

(A) Sixty per cent for projects that the division approves	12805
for the acquisition, development, management, or preservation of	12806
waterfowl areas within the state;	12807

(B) Forty per cent for contribution by the division to an	12808
appropriate nonprofit organization for the acquisition,	12809
development, management, or preservation of lands and waters	12810
within the United States or Canada that provide or will provide	12811
habitat for waterfowl with migration routes that cross this state.	12812

No moneys derived from the issuance of wetlands habitat	12813
stamps shall be spent for purposes other than those specified by	12814
this section. All investment earnings of the fund shall be	12815
credited to the fund.	12816

Wetlands habitat stamps shall be furnished by and in a form	12817
prescribed by the chief of the division of wildlife and issued by	12818
clerks and other agents authorized to issue licenses and permits	12819
under section 1533.13 of the Revised Code. The record of stamps	12820
kept by the clerks and other agents shall be uniform throughout	12821
the state, in such form or manner as the director prescribes, and	12822
open at all reasonable hours to the inspection of any person.	12823
Unless otherwise provided by rule, each stamp shall remain in	12824
force until midnight of the thirty-first day of August next	12825
ensuing. Wetlands habitat stamps may be issued in any manner to	12826
any person on any date, whether or not that date is within the	12827
period in which they are effective.	12828

Every person to whom this section applies, while hunting	12829
ducks, geese, or brant, shall carry an unexpired wetlands habitat	12830
stamp that is validated by the person's signature written on the	12831
stamp in ink and shall exhibit the stamp to any enforcement	12832
officer so requesting. No person shall fail to carry and exhibit	12833
the person's stamp.	12834

A wetlands habitat stamp is not transferable.

12835

The chief shall establish a procedure to obtain subject	12836
matter to be printed on the wetlands habitat stamp and shall use,	12837
dispose of, or distribute the subject matter as the chief	12838
considers necessary. The chief also shall adopt rules necessary to	12839
administer this section.	12840

This section does not apply to persons under sixteen years of	12841
age nor to persons exempted from procuring a hunting license under	12842
section 1533.10 or division (A) of section 1533.12 of the Revised	12843
Code.	12844

Sec. 1533.13. Hunting and fishing licenses, wetlands habitat	12845
stamps, deer and wild turkey permits, and fur taker permits shall	12846
be issued by the clerk of the court of common pleas, village and	12847
township clerks, and other authorized agents designated by the	12848
chief of the division of wildlife. When required by the chief, a	12849
clerk or agent shall give bond in the manner provided by the	12850
chief. All bonds, reports, except records prescribed by the	12851
auditor of state, and moneys received by those persons shall be	12852
handled under rules adopted by the director of natural resources.	12853

The premium of any bond prescribed by the chief under this	12854
section may be paid by the chief. Any person who is designated and	12855
authorized by the chief to issue licenses, stamps, and permits as	12856
provided in this section, except the clerk of the court of common	12857
pleas and the village and township clerks, shall pay to the chief	12858
a premium in an amount that represents the person's portion of the	12859
premium paid by the chief under this section, which amount shall	12860
be established by the chief and approved by the wildlife council	12861
created under section 1531.03 of the Revised Code. The chief shall	12862
pay all moneys that the chief receives as premiums under this	12863
section into the state treasury to the credit of the wildlife fund	12864
created under section 1531.17 of the Revised Code.	12865

Every authorized agent, for the purpose of issuing hunting	12866
and fishing licenses, deer and wild turkey permits, and fur taker	12867
permits, may administer oaths to and take affidavits from	12868
applicants for the licenses or permits when required. An	12869
authorized agent may appoint deputies to perform any acts that the	12870
agent is authorized to perform, consistent with division rules.	12871

Every applicant for a hunting or fishing license, deer or	12872
wild turkey permit, or fur taker permit, unless otherwise provided	12873
by division rule, shall make and subscribe an affidavit setting	12874
forth the applicant's name, age, weight, height, occupation, place	12875
of residence, personal description, and citizenship. The clerk or	12876
other agent authorized to issue licenses, stamps, and permits	12877
shall charge each applicant a fee of one dollar for taking the	12878
affidavit and issuing the license, stamp, or permit unless a	12879
different fee for the issuance of a fishing license is established	12880
in division rule as authorized by section 1533.32 of the Revised	12881
Code. The application, license, permit, and other blanks required	12882
by this section shall be prepared and furnished by the chief, in	12883
such form as the chief provides, to the clerk or other agent	12884
authorized to issue them. The licenses and permits shall be issued	12885
to applicants by the clerk or other agent. The record of licenses	12886
and permits kept by the clerk and other authorized agents shall be	12887
uniform throughout the state and in such form or manner as the	12888
auditor of state prescribes and shall be open at all reasonable	12889
hours to the inspection of any person. Unless otherwise provided	12890
by division rule, each hunting license, deer or wild turkey	12891
permit, and fur taker permit issued shall remain in force until	12892
midnight of the thirty-first day of August next ensuing.	12893
Application for any such license or permit may be made and a	12894
license or permit issued prior to the date upon which it becomes	12895
effective.	12896

The chief may require an applicant who wishes to purchase a	12897
license, stamp, or permit by mail or telephone to pay a nominal	12898
fee for postage and handling.	12899

The court before whom a violator of any laws or division	12900
rules for the protection of wild animals is tried, as a part of	12901
the punishment, shall revoke the license, stamp, or permit of any	12902
person convicted. The license, stamp, or permit fee paid by that	12903
person shall not be returned to the person. The person shall not	12904
procure or use any other license, stamp, or permit or engage in	12905
hunting wild animals or trapping fur-bearing animals during the	12906
period of revocation as ordered by the court.	12907

No person under sixteen years of age shall engage in hunting	12908
unless accompanied by the person's parent or another adult person.	12909

Sec. 1533.151. The chief of the division of wildlife, with	12910
the approval of the director of natural resources, ~~is hereby~~	12911
~~authorized to~~may print and issue stamps portraying wild animals	12912
of the state. This stamp shall be identified as a wildlife	12913
conservation stamp ~~and the~~. The fee for each stamp shall be ~~five~~	12914
~~dollars~~not more than the fee for a wetlands habitat stamp issued	12915
under section 1533.112 of the Revised Code together with the	12916
one-dollar fee to the issuing agent established in section 1533.13	12917
of the Revised Code unless otherwise provided by division rule.	12918

The purchase of wildlife conservation stamps shall provide no	12919
privileges to the purchaser, but merely recognizes ~~such~~the person	12920
as voluntarily contributing to the management, protection, and the	12921
perpetuation of the wildlife resources of the state. All moneys	12922
received from the sale of wildlife conservation stamps shall be	12923
paid into the state treasury to the credit of the nongame and	12924
endangered wildlife fund to be used exclusively by the division of	12925
wildlife for the purposes outlined in section ~~1533.15~~1531.26 of	12926
the Revised Code ~~and for the management of all forms of wildlife~~	12927
~~for its ecological and non-consumptive recreational value~~.	12928

Sec. 1533.19. Except as otherwise provided by division rule,	12929
recognized field trial clubs may shoot domestically raised quails,	12930
chukar partridges, ducks, pheasants, or other game birds and	12931
common pigeons at any time during the daylight hours from the	12932
first day of September to the thirtieth day of April of the	12933
following year, both dates inclusive. Such domestically raised	12934
quails, chukar partridges, ducks, pheasants, and other game birds	12935
shall be banded prior to release and approved by the division of	12936
wildlife for field trial use, provided that permission for the	12937
holding of such a trial shall be obtained from the division.	12938
Permission shall be requested in writing at least thirty days in	12939
advance of the trial. The request shall contain the name of the	12940
recognized field trial club and the names of its officers, the	12941
date and location of the trial, and the name of the licensed	12942
breeders from whom the quails, chukar partridges, ducks,	12943
pheasants, or other game birds will be obtained. The division may	12944
grant a written permit when it is satisfied that the trial is a	12945
bona fide one conducted by a bona fide club under this section.	12946
When an application is approved, a permit shall be issued after	12947
the payment of a fee of ~~twenty-five~~fifty dollars for each day	12948
upon which the trials are conducted. Participants in such trials	12949
need not possess a hunter's license while participating in the	12950
trials. The division shall supervise all such trials and shall	12951
enforce all laws and division rules governing them. If unbanded	12952
quails, chukar partridges, ducks, pheasants, or other game birds	12953
are accidentally shot during such trials, they immediately shall	12954
be replaced by the club by the releasing of an equal number of	12955
live quails, chukar partridges, ducks, pheasants, or other game	12956
birds under the supervision of the division.	12957

Sec. 1533.23. No person shall deal in or buy green or dried	12958
furs, skins, or parts thereof, taken from fur-bearing animals of	12959
the state, except domesticated rabbits, without a fur dealer's	12960
permit. Every applicant for a fur dealer's permit shall make and	12961
subscribe a statement setting forth ~~his~~the applicant's name,	12962
place of residence, and whom hethe applicant represents. Every	12963
applicant for a dealer's permit who is a nonresident of the state,	12964
or who is a resident of the state and is an agent or	12965
representative of a nonresident person, firm, or corporation,	12966
shall pay an annual fee of two hundred dollars to the chief of the	12967
division of wildlife issuing such permit, and every applicant for	12968
a dealer's permit who is a resident of the state shall pay an	12969
annual fee of ~~fifty~~seventy-five dollars to the chief ~~of the~~	12970
~~division of wildlife~~ issuing such permit~~, and every~~. Every fur	12971
dealer shall operate under such additional ~~regulations~~rules as	12972
are provided by the chief ~~of the division of wildlife~~. The chief	12973
shall pay ~~such~~the fees into the state treasury to the credit of	12974
the fund created by section 1533.15 of the Revised Code for the	12975
use of the division of wildlife in the purchase, preservation,	12976
protection, and stocking of fur-bearing animals and for the	12977
necessary clerical help and forms required by this section and	12978
section 1533.24 of the Revised Code.	12979

All permits shall be procured from the chief and the	12980
application, license, and other blanks required by this section	12981
and section 1533.24 of the Revised Code shall be in such form as	12982
the chief prescribes. Each such permit shall expire on the	12983
thirtieth day of April next after its issuance.	12984

Sec. 1533.301. Any person may apply for a permit to	12985
transport fish that are for sale, sold, or purchased. The chief of	12986
the division of wildlife shall issue an annual permit granting the	12987
applicant the privilege to transport such fish, upon filing of an	12988
application on a form prescribed by the chief and payment of a fee	12989
of ~~fifty~~sixty-five dollars. No person shall transport any fish or	12990
part thereof that is for sale, sold, or purchased, whether	12991
acquired in or outside this state, unless the consignor has a	12992
permit ~~issued to him~~ for the calendar year in which the fish is	12993
transported, except that no such permit is required for any of the	12994
following:	12995

(A) Fish transported from a point outside this state to	12996
another point outside this state if the fish are not unloaded in	12997
this state. A fish is not to be considered unloaded for purposes	12998
of this section if it remains under the control of a common	12999
carrier.	13000

(B) Fish being transported by a person holding a valid	13001
license under section 1533.34 of the Revised Code from the place	13002
of taking to ~~his~~the person's usual place of processing or	13003
temporary storage as designated by ~~him~~the person in the	13004
application for the license under that section;	13005

(C) Fish being transported from a premises designated in a	13006
valid permit issued under section 1533.631 of the Revised Code to	13007
a premises where fish are to be sold at retail, sold for immediate	13008
consumption, or consumed if inspection of the designated premises	13009
as required by that section has not been denied during the	13010
preceding thirty days;	13011

(D) Any quantity of fish the total weight of which does not	13012
exceed five hundred pounds in one vehicle;	13013

(E) Minnows for which a permit is required under section	13014
1533.40 of the Revised Code.	13015

If a fish for which a permit is required under this section	13016
is transported in this state from a consignor who does not have a	13017
valid permit at the time of transportation, or if such a fish is	13018
transported in this state from a consignor who has a valid permit	13019
at the time of transportation, but the fish is part of the	13020
contents of a box, package, or receptacle that was or could be the	13021
basis for conviction of a violation of this chapter or a division	13022
rule, the fish may be seized by any law enforcement officer	13023
authorized by section 1531.13 of the Revised Code to enforce laws	13024
and division rules, and the fish shall escheat to the state unless	13025
a court of this state makes a specific finding that the consignor	13026
at the time of seizure had a valid permit under this section	13027
~~1533.301 of the Revised Code~~ and that the fish are lawful under	13028
the requirements of this chapter or a division rule relating	13029
thereto.	13030

A fish for which a permit is required under this section may	13031
be transported only if each box, package, or other receptacle	13032
bears a label showing the total weight in pounds, the species of	13033
the fish, the name of the consignor and consignee, the initial	13034
point of billing, the destination, and a statement that each	13035
species of fish by weight in the box, package, or other receptacle	13036
that are undersized under ~~the provisions of~~ section 1533.63 of the	13037
Revised Code or division rule is ten per cent or less or is in	13038
excess of ten per cent, whichever the fact may be. If fish are not	13039
boxed or packaged, each compartment of a tank or other receptacle	13040
shall be considered a separate receptacle, but in lieu of a label	13041
on the compartment or tank a written statement containing the same	13042
information required to be contained on a label, and clearly	13043
identifying the tank or receptacle concerned, may be carried in	13044
the vehicle. Species may be designated in any manner, but the	13045
label also shall bear either the common name indicated in section	13046
1533.63 of the Revised Code or the scientific name contained in	13047
section 1531.01 of the Revised Code. The consignor shall ascertain	13048
that labels are attached or statements carried as required herein	13049
and that the facts stated thereon are true.	13050

The permit required by this section may be suspended by the	13051
chief for a period not to exceed five days upon conviction of the	13052
permittee of a violation of this chapter or Chapter 1531. of the	13053
Revised Code or a division rule if the permittee has been	13054
convicted of another such violation during the preceding	13055
twelve-month period. If the permittee has had two or more such	13056
convictions during the twelve-month period preceding such a	13057
conviction, ~~his~~the permittee's permit may be suspended as	13058
provided herein for a period not to exceed twenty days. A permit	13059
is invalid during the period of suspension, but in no case is a	13060
permit invalid until fifteen days after mailing by certified mail	13061
a notice of the rule of suspension by the chief.	13062

The chief may not suspend more than one permit of the same	13063
permittee, or suspend a permit of the same permittee more than	13064
once, for convictions resulting from violations that occur in a	13065
load in one vehicle.	13066

A driver or other person in charge of a vehicle transporting	13067
fish that are for sale, sold, or purchased, upon demand by any law	13068
enforcement officer authorized by section 1531.13 of the Revised	13069
Code to enforce laws and division rules, shall stop and open the	13070
vehicle and allow inspection of the load, and any box, package, or	13071
receptacle, and the contents thereof, for the purpose of	13072
determining whether this chapter or a division rule is being	13073
violated.	13074

The word "fish" in the English language, at least eight	13075
inches high and maintained in a clear, conspicuous, and legible	13076
condition at all times, shall appear on both sides of the vehicle	13077
body of all vehicles transporting fresh water fish in this state	13078
when the fish are for sale or sold, except those fish exempt from	13079
a transportation permit in divisions (A), (B), and (E) of this	13080
section.	13081

The chief may refuse to issue a permit to any person whose	13082
purpose in applying for the permit is to allow it to be used by	13083
another person to whom a permit has been refused or revoked. The	13084
chief also may revoke a person's permit when it is used for that	13085
purpose.	13086

No civil action may be brought in any court in the state for	13087
the value or agreed price of fish that have escheated to the state	13088
under this section.	13089

No person shall fail to comply with any provision of this	13090
section or a division rule adopted pursuant thereto.	13091

In addition to other penalties provided in the Revised Code,	13092
the permit of any person who is convicted of two violations of	13093
this section that occurred within a twelve-month period is	13094
suspended upon the second such conviction by operation of law for	13095
a period of five fishing season days immediately following that	13096
conviction.	13097

In addition to other penalties provided in the Revised Code,	13098
the permit of any person who is convicted of three or more	13099
violations of this section that occurred within a twelve-month	13100
period is suspended upon the third or subsequent conviction by	13101
operation of law for a period of twenty fishing season days	13102
immediately following that conviction.	13103

During any period of suspension, no person shall use or	13104
engage in hauling or transporting fish with equipment owned, used,	13105
or controlled at the time of conviction by the permittee whose	13106
permit has been suspended.	13107

Sec. 1533.32. Except as provided in this section or division	13108
(A) or (C) of section 1533.12 of the Revised Code, no person,	13109
including nonresidents, shall take or catch any fish by angling in	13110
any of the waters in the state or engage in fishing in those	13111
waters without a license. No person shall take or catch frogs or	13112
turtles without a valid fishing license, except as provided in	13113
this section. Persons fishing in privately owned ponds, lakes, or	13114
reservoirs to or from which fish are not accustomed to migrate are	13115
exempt from the license requirements set forth in this section.	13116
Persons fishing in privately owned ponds, lakes, or reservoirs	13117
that are open to public fishing through an agreement or lease with	13118
the division of wildlife shall comply with the license	13119
requirements set forth in this section.	13120

The fee for an annual license shall be ~~twenty-three~~	13121
thirty-nine dollars, unless otherwise provided by division rule,	13122
for a resident of a state that is not a party to an agreement	13123
under section 1533.91 of the Revised Code. The fee for an annual	13124
license shall be ~~fourteen~~eighteen dollars, unless otherwise	13125
provided by division rule, for a resident of a state that is a	13126
party to such an agreement. The fee for an annual license for	13127
residents of this state shall be ~~fourteen~~eighteen dollars unless	13128
otherwise provided by division rule or unless the rules adopted	13129
under division (B) of section 1533.12 of the Revised Code provide	13130
for issuance of a resident fishing license to the applicant free	13131
of charge.	13132

Any person under the age of sixteen years may take or catch	13133
frogs and turtles and take or catch fish by angling without a	13134
license. Any resident of this state sixty-six years of age or	13135
older may take or catch frogs and turtles without a license.	13136

The chief of the division of wildlife may issue a tourist's	13137
license expiring three days from the effective date of the license	13138
to a resident of a state that is not a party to an agreement under	13139
section 1533.91 of the Revised Code. The fee for a tourist's	13140
license shall be ~~fourteen~~eighteen dollars unless otherwise	13141
provided by division rule.	13142

The chief shall adopt rules under section 1531.10 of the	13143
Revised Code providing for the issuance of a one-day fishing	13144
license to a resident of this state or of any other state. The fee	13145
for such a license shall be ~~forty~~fifty-five per cent of the	13146
amount established under this section for a tourist's license,	13147
rounded up to the nearest whole dollar. A one-day fishing license	13148
shall allow the holder to take or catch fish by angling in the	13149
waters in the state, engage in fishing in those waters, or take or	13150
catch frogs or turtles in those waters for one day without	13151
obtaining an annual license or a tourist's license under this	13152
section. At the request of a holder of a one-day fishing license	13153
who wishes to obtain an annual license, a clerk or agent	13154
authorized to issue licenses under section 1533.13 of the Revised	13155
Code, not later than the last day on which the one-day license	13156
would be valid if it were an annual license, shall credit the	13157
amount of the fee paid for the one-day license toward the fee	13158
charged for the annual license if so authorized by the chief. The	13159
clerk or agent shall issue the annual license upon presentation of	13160
the one-day license and payment of a fee in an amount equal to the	13161
difference between the fee for the annual license and the fee for	13162
the one-day license.	13163

A fee of one dollar for each license issued under this	13164
section shall be paid to the issuing clerk or agent in accordance	13165
with section 1533.13 of the Revised Code unless otherwise provided	13166
by division rule.	13167

Unless otherwise provided by division rule, each annual	13168
license shall begin on the first day of March of the current year	13169
and expire on the last day of February of the following year.	13170

No person shall alter a fishing license or possess a fishing	13171
license that has been altered.	13172

No person shall procure or attempt to procure a fishing	13173
license by fraud, deceit, misrepresentation, or any false	13174
statement.	13175

Owners of land over, through, upon, or along which any water	13176
flows or stands, except where the land is in or borders on state	13177
parks or state-owned lakes, together with the members of the	13178
immediate families of such owners, may take frogs and turtles and	13179
may take or catch fish of the kind permitted to be taken or caught	13180
therefrom without procuring a license provided for in this	13181
section. This exemption extends to tenants actually residing upon	13182
such lands and to the members of the immediate families of the	13183
tenants. Residents of state or county institutions, charitable	13184
institutions, and military homes in this state may take frogs and	13185
turtles without procuring the required license, provided that a	13186
member of the institution or home has an identification card,	13187
which shall be carried on that person when fishing.	13188

Every fisher required to be licensed, while fishing or taking	13189
or attempting to take frogs or turtles, shall carry the license	13190
and exhibit it to any person. Failure to so carry and exhibit the	13191
license constitutes an offense under this section.	13192

Sec. 1533.35. (A) Commercial fishing devices shall be	13193
annually licensed as follows:	13194

(1) Trap and fyke nets, for the first twenty nets or any	13195
portion thereof, eight hundred dollars; and for each additional	13196
group of ten such nets or any portion thereof, four hundred	13197
dollars;	13198

(2) For each seine of one hundred fifty rods or less in	13199
length other than an inland fishing district seine, four hundred	13200
dollars;	13201

(3) For each seine over one hundred fifty rods in length	13202
other than an inland fishing district seine, six hundred dollars;	13203

(4) For each inland fishing district seine, one hundred	13204
dollars;	13205

(5) For each carp apron, one hundred dollars;

13206

(6) For one trotline with seventy hooks or less attached	13207
thereto, twenty dollars;	13208

(7) For each trotline, or trotlines, with a total of more	13209
than seventy hooks attached thereto, one hundred dollars;	13210

(8) For each dip net, one hundred dollars.

13211

The license fee for other commercial fishing gear not	13212
mentioned in this section, as approved by the chief of the	13213
division of wildlife, shall be set by the chief with approval of	13214
the wildlife council.	13215

Commercial fishing gear owned or used by a nonresident may be	13216
licensed in this state only if a reciprocal agreement is in effect	13217
as provided for in section 1533.352 of the Revised Code.	13218

All commercial license fees shall be paid upon application or	13219
shall be paid one-fourth upon application with the balance due and	13220
owing within ninety days of the date of application, except that	13221
those license fees of one hundred dollars or less shall be paid in	13222
full at the time of application.	13223

(B) Royalty fees are hereby established ~~as set forth~~ on the	13224
following species of fish when taken commercially: catfish, white	13225
bass, and yellow perch.	13226

The amount of the royalty fees shall be as follows: on the	13227
species taken for which an allowable catch or quota has been	13228
established by division rule, ~~two~~five cents per pound. On the	13229
species taken for which an allowable catch or quota has not been	13230
established by division rule, ~~one cent~~two cents per pound ~~on that~~	13231
~~portion taken that exceeds one-half of the previous year's taking~~	13232
~~of the species~~.	13233

~~For the purpose of this section, the previous year's taking~~	13234
~~shall be the amount reported for that previous year by the license~~	13235
~~holder to the division pursuant to reporting procedures set forth~~	13236
~~in this chapter and Chapter 1531. of the Revised Code.~~	13237

All royalty fees established or provided for in this section	13238
shall be paid by the license holder to the division. No person may	13239
be issued a commercial fishing license until all royalty fees due	13240
from that person for the preceding fishing season have been paid	13241
in full. The chief may request the attorney general to recover any	13242
royalty fee or amount thereof that is not paid by the opening date	13243
of the next fishing season, and the attorney general shall	13244
commence appropriate legal proceedings to recover the unpaid fee	13245
or amount.	13246

All commercial fishing license moneys and all other fees	13247
collected from commercial ~~fishermen~~fishers shall be deposited in	13248
the state treasury in accordance with section 1533.33 of the	13249
Revised Code.	13250

No person shall fail to comply with any provision of this	13251
section or a division rule adopted pursuant to it.	13252

In addition to other penalties provided in the Revised Code,	13253
the license of any person who is convicted of one or more	13254
violations of this section shall be suspended upon the conviction	13255
by operation of law for a period of eighteen fishing season months	13256
immediately following the conviction.	13257

During any period of suspension, no person shall use or	13258
engage in fishing with commercial gear owned, used, or controlled	13259
at the time of conviction by the licensee whose license has been	13260
suspended.	13261

Sec. 1533.40. Each person, firm, partnership, association,	13262
or corporation ~~which~~that buys, sells, or deals in minnows,	13263
crayfish, or hellgrammites or collects the listed species for sale	13264
shall obtain, annually, from the chief of the division of wildlife	13265
a permit and shall operate under such rules as the chief ~~of the~~	13266
~~division of wildlife prescribes~~adopts. ~~Such~~A permit shall be	13267
issued upon application and the payment of a fee of ~~twenty-five~~	13268
forty dollars. This permit expires at midnight,on the	13269
thirty-first day of December 31. Nonresidents engaging in the	13270
collecting, seining, or picking of minnows, crayfish, or	13271
hellgrammites for bait shall have a nonresident fishing license as	13272
prescribed in section 1533.32 of the Revised Code.	13273

Sec. 1533.54. No person shall draw, set, place, locate,	13274
maintain, or possess a pound net, crib net, trammel net, fyke net,	13275
set net, seine, bar net, or fish trap, or any part thereof, or	13276
throw or hand line, with more than three hooks attached thereto,	13277
or any other device for catching fish, except a line with not more	13278
than three hooks attached thereto or lure with not more than three	13279
sets of three hooks each, in the inland fishing district of this	13280
state, except for taking carp, mullet, sheepshead, and grass pike	13281
as provided in section 1533.62 of the Revised Code, and except as	13282
provided in section 1533.60 of the Revised Code, or as otherwise	13283
provided for by division rule. No person shall catch or kill a	13284
fish in that fishing district with what are known as bob lines,	13285
trotlines, or float lines, or by grabbing with the hands, or by	13286
spearing or shooting, or with any other device other than by	13287
angling. In the waters of the inland fishing district, except	13288
those lakes, harbors, and reservoirs controlled by the state, a	13289
trotline may be used with not more than fifty hooks, and no two	13290
hooks less than three feet apart, by the owner or person having	13291
the owner's consent in that part of the stream bordering on or	13292
running through that owner's lands.	13293

Notwithstanding this section, any resident who is licensed to	13294
fish with nets in the Ohio river may possess fish nets for the	13295
sole purpose of storage, repair, drying, and tarring in the area	13296
between United States route fifty and the Ohio river from the	13297
Indiana state line to Cincinnati, Ohio, and in the area between	13298
United States route fifty-two and the Ohio river from Cincinnati,	13299
Ohio, to Chesapeake, Ohio, and in the area between state route	13300
seven and the Ohio river from Chesapeake, Ohio, to East Liverpool,	13301
Ohio.	13302

Any person possessing a net in this reserve district shall	13303
have an Ohio permit for each net in ~~his~~the person's possession.	13304
The permit shall be issued annually by the chief of the division	13305
of wildlife upon application of the owner of the net and	13306
submission of evidence by ~~him~~the owner of ~~his~~ possession of a	13307
valid fishing license permitting ~~him~~the owner to fish with nets	13308
in the Ohio river, and the payment of ~~ten~~fifty dollars for each	13309
net for which an application is made and a permit is issued. The	13310
permit shall expire at twelve midnight on the fifteenth day of	13311
March of each year.	13312

Sec. 1533.631. Any person may apply for a permit to handle	13313
commercial fish, or other fish that may be bought or sold under	13314
the Revised Code or division rule, at wholesale. The chief of the	13315
division of wildlife shall issue an annual permit granting the	13316
applicant the privilege to handle such fish at wholesale at one or	13317
more designated premises upon filing of an application on a form	13318
prescribed by the chief and payment of a fee of ~~fifty~~sixty-five	13319
dollars. No person or ~~his~~a person's agent shall handle at	13320
wholesale any fresh water fish or part thereof unless a permit has	13321
been issued for the calendar year in which the fish is handled at	13322
wholesale for the premises at which the fish is handled.	13323

A fish is handled at wholesale for purposes of this section	13324
when it is on a premises within the state and is being held,	13325
stored, handled, or processed for the purpose of sale to a person	13326
who ordinarily resells the fish.	13327

The permit required by this section shall be issued subject	13328
to the right of entry and inspection of the designated premises of	13329
the permittee by any law enforcement officer authorized by section	13330
1531.13 of the Revised Code to enforce the laws and rules of the	13331
division of wildlife. Such an officer may enter and inspect the	13332
designated premises and any box, package, or receptacle, and the	13333
contents thereof, for the purpose of determining whether any	13334
provision of this chapter or Chapter 1531. of the Revised Code or	13335
division rule is being violated.	13336

No person holding a permit under this section shall remove a	13337
label required by section 1533.301 of the Revised Code unless the	13338
box, package, or receptacle bearing the label has been opened or	13339
unless the label is replaced with another label that meets the	13340
requirements of that section.	13341

No person shall fail to comply with any provision of this	13342
section or division rule adopted pursuant to it.	13343

In addition to other penalties provided in the Revised Code,	13344
the permit of any person who is convicted of two violations of	13345
this section that occurred within a twelve-month period is	13346
suspended upon the second such conviction by operation of law for	13347
a period of five fishing season days immediately following that	13348
conviction.	13349

In addition to other penalties provided in the Revised Code,	13350
the permit of any person who is convicted of three or more	13351
violations of this section that occurred within a twelve-month	13352
period is suspended upon the third or subsequent such conviction	13353
by operation of law for a period of twenty fishing season days	13354
immediately following that conviction.	13355

During any period of suspension, no person shall use or	13356
engage in handling commercial fish at wholesale with equipment or	13357
facilities owned, used, or controlled at the time of conviction by	13358
the permittee whose permit has been suspended.	13359

Sec. 1533.632. (A) As used in this section:

13360

(1) "Aquaculture" means a form of agriculture that involves	13361
the propagation and rearing of aquatic species in controlled	13362
environments under private control, including, but not limited to,	13363
for the purpose of sale for consumption as food.	13364

(2) "Aquaculture species" means any aquatic species that may	13365
be raised through aquaculture that is either a class A aquaculture	13366
species or a class B aquaculture species.	13367

(3) "Class A aquaculture species" includes all of the	13368
following:	13369

(a) Trout and salmon (Onchorhynchus sp., Salmo sp.,	13370
Salvelinus sp.);	13371

(b) Walleye (Stizostedion vitreum);

13372

13373

(d) Bluegill (Lepomis machrochirus);

13374

(e) Redear sunfish (Lepomis microlophus);

13375

(f) Green sunfish (Lepomis cyanellus);

13376

(g) White crappie (Pomoxis annularis);

13377

(h) Black crappie (Pomoxis nigromaculatus);

13378

(i) Blue catfish (Ictalurus furcatus);

13379

(j) Any species added by rule under division (B) of this	13380
section or listed as commercial fish under section 1531.01 of the	13381
Revised Code except white perch (Morone americana).	13382

(4) "Class B aquaculture species" includes any species,	13383
except for class A aquaculture species, designated as such by the	13384
chief of the division of wildlife.	13385

(5) "Aquaculture production facility" means a facility used	13386
for aquaculture.	13387

(B) The chief, in accordance with Chapter 119. of the Revised	13388
Code, shall adopt rules for the regulation of aquaculture and may	13389
issue permits to persons wishing to engage in aquaculture for the	13390
production of aquaculture species. Rules adopted under this	13391
section shall ensure the protection and preservation of the	13392
wildlife and natural resources of this state. The legal length and	13393
weight limitations established under section 1533.63 of the	13394
Revised Code do not apply to class A or class B aquaculture	13395
species.	13396

A permit may be issued upon application to any person who	13397
satisfies the chief that the person has suitable equipment, of	13398
which hethe person is the owner or lessee, to engage in	13399
aquaculture for a given aquaculture species or group of	13400
aquaculture species. Each permit shall be in such form as the	13401
chief prescribes. The permits shall be classified as either class	13402
A or class B. A class A permit shall be required for all class A	13403
aquaculture species that are specified in this section or	13404
designated by rule as a class A aquaculture species. Class B	13405
permits shall be issued on a case-by-case basis. In determining	13406
whether to issue a class B permit, the chief shall take into	13407
account the species for which the class B permit is requested, the	13408
location of the aquaculture production facility, and any other	13409
information determined by the chief to be necessary to protect the	13410
wildlife and natural resources of this state. The annual fee for a	13411
class A permit shall be fifty dollars unless otherwise provided by	13412
rule by the chief. The annual fee for a class B permit shall be	13413
set by the chief at a level between one hundred and five hundred	13414
dollars. In determining the fee to be charged for a class B	13415
permit, the chief shall take into account the additional costs to	13416
the division for the inspection of aquaculture facilities used to	13417
raise a given class B aquaculture species.	13418

The chief may revoke a permit upon a determination that the	13419
person to whom the permit was issued has violated any rule adopted	13420
under this section. The permit shall be reissued upon a showing by	13421
the person that hethe person is in compliance with the rules	13422
adopted under this section. A holder of an aquaculture permit may	13423
receive a permit issued under section 1533.301~~, 1533.39,~~ or	13424
1533.40 of the Revised Code without payment of the fee for that	13425
permit if the conditions for the issuance of the permit have been	13426
met.	13427

(C) No person shall knowingly sell any aquatic species under	13428
an aquaculture permit issued under this section that was not	13429
raised in an aquaculture production facility. In addition to any	13430
other penalties prescribed for violation of this division, the	13431
chief may revoke the permit of any person convicted of a violation	13432
of this division for any period of time hethe chief considers	13433
necessary.	13434

(D) No person who does not hold a current valid aquaculture	13435
permit shall knowingly sell an aquaculture species while claiming	13436
to possess an aquaculture permit.	13437

Sec. 1533.71. Unless otherwise provided by division rule,	13438
any person desiring to engage in the business of raising and	13439
selling game birds, game quadrupeds, reptiles, amphibians, or	13440
fur-bearing animals in a wholly enclosed preserve of which the	13441
person is the owner or lessee, or to have game birds, game	13442
quadrupeds, reptiles, amphibians, or fur-bearing animals in	13443
captivity, shall apply in writing to the division of wildlife for	13444
a license to do so.	13445

The division, when it appears that the application is made in	13446
good faith and upon the payment of the fee for each license, ~~shall~~	13447
may issue to the applicant any of the following licenses that may	13448
be applied for:	13449

(A) "Commercial propagating license" permitting the licensee	13450
to propagate game birds, game quadrupeds, reptiles, amphibians, or	13451
fur-bearing animals in the wholly enclosed preserve the location	13452
of which is stated in the license and the application therefor,	13453
and to sell the propagated game birds, game quadrupeds, reptiles,	13454
amphibians, or fur-bearing animals and ship them from the state	13455
alive at any time, and permitting the licensee and the licensee's	13456
employees to kill the propagated game birds, game quadrupeds, or	13457
fur-bearing animals and sell the carcasses for food subject to	13458
sections 1533.70 to 1533.80 of the Revised Code. The fee for such	13459
a license is ~~twenty-five~~forty dollars per annum.	13460

(B) "Noncommercial propagating license" permitting the	13461
licensee to propagate game birds, game quadrupeds, reptiles,	13462
amphibians, or fur-bearing animals and to hold the animals in	13463
captivity. Game birds, game quadrupeds, reptiles, amphibians, and	13464
fur-bearing animals propagated or held in captivity by authority	13465
of a noncommercial propagating license are for the licensee's own	13466
use and shall not be sold. The fee for such a license is ~~ten~~	13467
twenty-five dollars per annum.	13468

(C) A free "raise to release license" permitting duly	13469
organized clubs, associations, or individuals approved by the	13470
division to engage in the raising of game birds, game quadrupeds,	13471
or fur-bearing animals for release only and not for sale or	13472
personal use.	13473

Except as provided by law, no person shall possess game	13474
birds, game quadrupeds, or fur-bearing animals in closed season,	13475
provided that municipal or governmental zoological parks are not	13476
required to obtain the licenses provided for in this section.	13477

All licenses issued under this section shall expire on the	13478
fifteenth day of March of each year.	13479

The chief of the division of wildlife shall pay all moneys	13480
received as fees for the issuance of licenses under this section	13481
into the state treasury to the credit of the fund created by	13482
section 1533.15 of the Revised Code for the use of the division in	13483
the purchase, preservation, and protection of wild animals and for	13484
the necessary clerical help and forms required by sections 1533.70	13485
to 1533.80 of the Revised Code.	13486

This section does not authorize the taking or the release for	13487
taking of the following:	13488

(1) Game birds, without first obtaining a commercial bird	13489
shooting preserve license issued under section 1533.72 of the	13490
Revised Code;	13491

(2) Game or nonnative wildlife, without first obtaining a	13492
wild animal hunting preserve license issued under section 1533.721	13493
of the Revised Code.	13494

Sec. 1533.82. (A) On receipt of a notice pursuant to section	13495
3123.43 of the Revised Code, the chief of the division of wildlife	13496
shall comply with sections 3123.41 to 3123.50 of the Revised Code	13497
and any applicable rules adopted under section 3123.63 of the	13498
Revised Code with respect to a license, permit, or certificate	13499
issued pursuant to section 1533.23, 1533.34, 1533.342, ~~1533.39,~~	13500
1533.40, 1533.51, 1533.631, 1533.71, 1533.72, 1533.81, 1533.88, or	13501
1533.881 of the Revised Code.	13502

(B) On receipt of a notice pursuant to section 3123.62 of the	13503
Revised Code, the chief shall comply with that section and any	13504
applicable rules adopted under section 3123.63 of the Revised Code	13505
with respect to a license, permit, or stamp issued pursuant to	13506
section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the	13507
Revised Code.	13508

Sec. 1541.10. Any person selected by the chief of the	13509
division of parks and recreation for custodial or patrol service	13510
on the lands and waters operated or administered by the division	13511
of parks and recreation shall be employed in conformity with the	13512
law applicable to the classified civil service of the state.	13513
Subject to section 1541.11 of the Revised Code, the chief may	13514
designate that person as a park officer. A park officer, on any	13515
lands and waters owned, controlled, maintained, or administered by	13516
the department of natural resources and on highways, as defined in	13517
section 4511.01 of the Revised Code, adjacent to lands and waters	13518
owned, controlled, maintained, or administered by the division,	13519
has the authority specified under section 2935.03 of the Revised	13520
Code for peace officers of the department of natural resources to	13521
keep the peace, to enforce all laws and rules governing those	13522
lands and waters, and to make arrests for violation of those laws	13523
and rules, provided that the authority shall be exercised on lands	13524
or waters administered by another division of the department only	13525
pursuant to an agreement with the chief of that division or to a	13526
request for assistance by an enforcement officer of that division	13527
in an emergency. A park officer, in or along any watercourse	13528
within, abutting, or upstream from the boundary of any area	13529
administered by the department, has the authority to enforce	13530
section 3767.32 of the Revised Code and any other laws prohibiting	13531
the dumping of refuse into or along waters and to make arrests for	13532
violation of those laws. The jurisdiction of park officers shall	13533
be concurrent with that of the peace officers of the county,	13534
township, or municipal corporation in which the violation occurs.	13535
A state park, for purposes of this section, is any area that is	13536
administered as a state park by the division of parks and	13537
recreation.	13538

The ~~governor~~secretary of state, upon the recommendation of	13539
the chief, shall issue to each park officer a commission	13540
indicating authority to make arrests as provided in this section.	13541

The chief shall furnish a suitable badge to each commissioned	13542
park officer as evidence of that park officer's authority.	13543

If any person employed under this section is designated by	13544
the chief to act as an agent of the state in the collection of	13545
moneys resulting from the sale of licenses, fees of any nature, or	13546
other moneys belonging to the state, the chief shall require a	13547
surety bond from that person in an amount not less than one	13548
thousand dollars.	13549

A park officer may render assistance to a state or local law	13550
enforcement officer at the request of that officer or may render	13551
assistance to a state or local law enforcement officer in the	13552
event of an emergency.	13553

Park officers serving outside the division of parks and	13554
recreation under this section or serving under the terms of a	13555
mutual aid compact authorized under section 1501.02 of the Revised	13556
Code shall be considered as performing services within their	13557
regular employment for the purposes of compensation, pension or	13558
indemnity fund rights, workers' compensation, and other rights or	13559
benefits to which they may be entitled as incidents of their	13560
regular employment.	13561

Park officers serving outside the division of parks and	13562
recreation under this section or under a mutual aid compact retain	13563
personal immunity from civil liability as specified in section	13564
9.86 of the Revised Code and shall not be considered an employee	13565
of a political subdivision for purposes of Chapter 2744. of the	13566
Revised Code. A political subdivision that uses park officers	13567
under this section or under the terms of a mutual aid compact	13568
authorized under section 1501.02 of the Revised Code is not	13569
subject to civil liability under Chapter 2744. of the Revised Code	13570
as the result of any action or omission of any park officer acting	13571
under this section or under a mutual aid compact.	13572

Sec. 1563.42. The operator of a mine, before the pillars are	13573
drawn previous to the abandonment of any part of the mine, shall	13574
have a correct map of such part of the mine made, showing its area	13575
and workings to the day of the abandonment and the pillars drawn	13576
previous to abandonment, and file such map within ninety days	13577
after the abandonment of such mine, in the office of the county	13578
recorder of the county where such mine is located, and with the	13579
chief of the division of mineral resources management. Such map	13580
shall have attached the usual certificate of the mining engineer	13581
making it, and the mine foreperson in charge of the underground	13582
workings of the mine, and such operator shall pay to the recorder	13583
for filing such map, a base fee of five dollars for services and a	13584
housing trust fee of five dollars pursuant to section 317.36 of	13585
the Revised Code.	13586

No operator of a mine shall refuse or neglect to comply with	13587
this section.	13588

Sec. 1702.59. (A) Every nonprofit corporation, incorporated	13589
under the general corporation laws of this state, or previous	13590
laws, or under special provisions of the Revised Code, or created	13591
before September 1, 1851, which corporation has expressedly or	13592
impliedly elected to be governed by the laws passed since that	13593
date, and whose articles or other documents are filed with the	13594
secretary of state, shall file with the secretary of state a	13595
verified statement of continued existence, signed by a director,	13596
officer, or three members in good standing, setting forth the	13597
corporate name, the place where the principal office of the	13598
corporation is located, the date of incorporation, the fact that	13599
the corporation is still actively engaged in exercising its	13600
corporate privileges, and the name and address of its agent	13601
appointed pursuant to section 1702.06 of the Revised Code.	13602

(B) Each corporation required to file a statement of	13603
continued existence shall file it with the secretary of state	13604
within each five years after the date of incorporation or of the	13605
last corporate filing.	13606

(C) Corporations specifically exempted by division (N) of	13607
section 1702.06 of the Revised Code, or whose activities are	13608
regulated or supervised by another state official, agency, bureau,	13609
department, or commission are exempted from this section.	13610

(D) The secretary of state shall give notice in writing and	13611
provide a form for compliance with this section to each	13612
corporation required by this section to file the statement of	13613
continued existence, such notice and form to be mailed to the last	13614
known address of the corporation as it appears on the records of	13615
the secretary of state or which the secretary of state may	13616
ascertain upon a reasonable search.	13617

(E) If any nonprofit corporation required by this section to	13618
file a statement of continued existence fails to file the	13619
statement required every fifth year, then the secretary of state	13620
shall cancel the articles of such corporation, make a notation of	13621
the cancellation on the records, and mail to the corporation a	13622
certificate of the action so taken.	13623

(F) A corporation whose articles have been canceled may be	13624
reinstated by filing an application for reinstatement and paying	13625
to the secretary of state the fee specified in division (Q) of	13626
section 111.16 of the Revised Code. The name of a corporation	13627
whose articles have been canceled shall be reserved for a period	13628
of one year after the date of cancellation. If the reinstatement	13629
is not made within one year from the date of the cancellation of	13630
its articles of incorporation and it appears that a corporate	13631
name, limited liability company name, limited liability	13632
partnership name, limited partnership name, or trade name has been	13633
filed, the name of which is not distinguishable upon the record as	13634
provided in section 1702.06 of the Revised Code, the applicant for	13635
reinstatement shall be required by the secretary of state, as a	13636
condition prerequisite to such reinstatement, to amend its	13637
articles by changing its name. A certificate of reinstatement may	13638
be filed in the recorder's office of any county in the state, for	13639
which the recorder shall charge and collect a base fee of one	13640
dollar for services and a housing trust fund fee of one dollar	13641
pursuant to section 317.36 of the Revised Code. The rights,	13642
privileges, and franchises of a corporation whose articles have	13643
been reinstated are subject to section 1702.60 of the Revised	13644
Code.	13645

(G) The secretary of state shall furnish the tax commissioner	13646
a list of all corporations failing to file the required statement	13647
of continued existence.	13648

Sec. 1711.13. County agricultural societies are hereby	13649
declared bodies corporate and politic, and as such they shall be	13650
capable of suing and being sued and of holding in fee simple any	13651
real estate purchased by them as sites for their fairs. ~~They~~In	13652
addition, they may ~~mortgage~~do either or both of the following:	13653

(A) Mortgage their grounds for the purpose of renewing or	13654
extending pre-existing debts, and for the purpose of furnishing	13655
money to purchase additional land;, but if the board of county	13656
commissioners has caused money to be paid out of the county	13657
treasury to aid in the purchase of ~~such~~the grounds, no mortgage	13658
shall be given without the consent of ~~such~~the board.	13659

Deeds, conveyances, and agreements in writing, made to and by	13660
such societies, for the purchase of real estate as sites for their	13661
fairs, shall vest a title in fee simple to the real estate ~~therein~~	13662
described in those documents, without words of inheritance.	13663

(B) Enter into agreements to obtain loans and credit for	13664
expenses related to the purposes of the county agricultural	13665
society, provided that the agreements are in writing and are first	13666
approved by the board of directors of the society. The total net	13667
indebtedness incurred by a county agricultural society pursuant to	13668
this division shall not exceed an amount equal to twenty-five per	13669
cent of its annual revenues.	13670

Sec. 1711.131. (A) The board of directors of a county	13671
agricultural society or an independent agricultural society may	13672
authorize by resolution an officer or employee of the agricultural	13673
society to use a credit card held by the board to pay for expenses	13674
related to the purposes of the agricultural society. If a board	13675
elects to authorize the use of a credit card held by the board as	13676
described in this section, the board first shall adopt a policy	13677
specifying the purposes for which the credit card may be used.	13678

(B) An officer or employee of an agricultural society who	13679
makes unauthorized use of a credit card held by the society's	13680
board of directors is personally liable for the unauthorized use.	13681
The prosecuting attorney of the appropriate county shall recover	13682
the amount of any unauthorized expenses incurred by the officer or	13683
employee through the misuse of the credit card in a civil action	13684
in any court of competent jurisdiction. This section does not	13685
limit any other liability of the officer or employee for the	13686
unauthorized use of a credit card held by the board of directors.	13687

(C) An officer or employee who is authorized to use a credit	13688
card held by the board of directors of an agricultural society and	13689
who suspects the loss, theft, or possibility of unauthorized use	13690
of the credit card immediately shall notify the board in writing	13691
of the suspected loss, theft, or possible unauthorized use. The	13692
officer or employee may be held personally liable for not more	13693
than fifty dollars in unauthorized debt incurred before the board	13694
receives the notification.	13695

(D) The misuse by an officer or employee of an agricultural	13696
society of a credit card held by the society's board of directors	13697
is a violation of section 2913.21 of the Revised Code.	13698

Sec. 1711.15. In any county in which there is a duly	13699
organized county agricultural society, the board of county	13700
commissioners or the county agricultural society itself may	13701
purchase or lease, for a term of not less than twenty years, real	13702
estate on which to hold fairs under the management and control of	13703
the county agricultural society, and may erect ~~thereon~~ suitable	13704
buildings on the real estate and otherwise improve it.	13705

In counties in which there is a county agricultural society	13706
that has purchased, or leased, for a term of not less than twenty	13707
years, real estate as a site on which to hold fairs or in which	13708
the title to the site is vested in fee in the county, the board of	13709
county commissioners may erect or repair buildings or otherwise	13710
improve the site and pay the rental ~~thereof~~of it, or contribute	13711
to or pay any other form of indebtedness of the society, if the	13712
director of agriculture has certified to the board that the county	13713
agricultural society is complying with all laws and rules	13714
governing the operation of county agricultural societies. The	13715
board may appropriate from the general fund any amount that it	13716
considers necessary for any of those purposes.	13717

Sec. 1711.17. (A) In any counties in which there is a duly	13718
organized independent agricultural society, the respective boards	13719
of county commissioners may purchase or lease jointly, for a term	13720
of not less than twenty years, real estate on which to hold fairs	13721
under the management and control of the society, and may erect	13722
suitable buildings and otherwise improve the property, and pay the	13723
rental thereof, or contribute to or pay any other form of	13724
indebtedness of the society, if the director of agriculture has	13725
certified to the board that the independent agricultural society	13726
is complying with all laws and rules governing the operation of	13727
county agricultural societies. The boards may appropriate from	13728
their respective general funds such an amount as they consider	13729
necessary for any of those purposes.	13730

(B) An independent agricultural society may purchase or	13731
lease, for a term of not less than twenty years, real estate on	13732
which to hold fairs under its management and control and may erect	13733
suitable buildings on the real estate and otherwise improve it.	13734

Sec. 2101.16. (A) The fees enumerated in this division shall	13735
be charged and collected, if possible, by the probate judge and	13736
shall be in full for all services rendered in the respective	13737
proceedings:	13738

(1)	Account, in addition to advertising charges ..........	$12.00	13739
	Waivers and proof of notice of hearing on account, per		13740
	page, minimum one dollar .............................	$ 1.00	13741
(2)	Account of distribution, in addition to		13742
	advertising charges ..................................	$ 7.00	13743
(3)	Adoption of child, petition for ......................	$50.00	13744
(4)	Alter or cancel contract for sale or purchase of		13745
	real estate, petition to .............................	$20.00	13746
(5)	Application and order not otherwise provided		13747
	for in this section or by rule adopted pursuant to		13748
	division (E) of this section .........................	$ 5.00	13749
(6)	Appropriation suit, per day, hearing in ..............	$20.00	13750
(7)	Birth, application for registration of ...............	$ 7.00	13751
(8)	Birth record, application to correct .................	$ 5.00	13752
(9)	Bond, application for new or additional ..............	$ 5.00	13753
(10)	Bond, application for release of surety or		13754
	reduction of .........................................	$ 5.00	13755
(11)	Bond, receipt for securities deposited in lieu of ....	$ 5.00	13756
(12)	Certified copy of journal entry, record, or proceeding,		13757
	per page, minimum fee one dollar .....................	$ 1.00	13758
(13)	Citation and issuing citation, application for .......	$ 5.00	13759
(14)	Change of name, petition for .........................	$20.00	13760
(15)	Claim, application of administrator or executor for		13761
	allowance of administrator's or executor's own .......	$10.00	13762
(16)	Claim, application to compromise or settle ...........	$10.00	13763
(17)	Claim, authority to present ..........................	$10.00	13764
(18)	Commissioner, appointment of .........................	$ 5.00	13765
(19)	Compensation for extraordinary services and attorney's		13766
	fees for fiduciary, application for ..................	$ 5.00	13767
(20)	Competency, application to procure adjudication of ...	$20.00	13768
(21)	Complete contract, application to ....................	$10.00	13769
(22)	Concealment of assets, citation for ..................	$10.00	13770
(23)	Construction of will, petition for ...................	$20.00	13771
(24)	Continue decedent's business, application to .........	$10.00	13772
	Monthly reports of operation .........................	$ 5.00	13773
(25)	Declaratory judgment, petition for ...................	$20.00	13774
(26)	Deposit of will ......................................	$ 5.00	13775
(27)	Designation of heir ..................................	$20.00	13776
(28)	Distribution in kind, application, assent, and		13777
	order for ............................................	$ 5.00	13778
(29)	Distribution under section 2109.36 of the Revised		13779
	Code, application for an order of ....................	$ 7.00	13780
(30)	Docketing and indexing proceedings, including the		13781
	filing and noting of all necessary documents, maximum		13782
	fee, fifteen dollars .................................	$15.00	13783
(31)	Exceptions to any proceeding named in this section,		13784
	contest of appointment or ............................	$10.00	13785
(32)	Election of surviving partner to purchase assets of		13786
	partnership, proceedings relating to .................	$10.00	13787
(33)	Election of surviving spouse under will ..............	$ 5.00	13788
(34)	Fiduciary, including an assignee or trustee of an		13789
	insolvent debtor or any guardian or conservator		13790
	accountable to the probate court, appointment of .....	$35.00	13791
(35)	Foreign will, application to record ..................	$10.00	13792
	Record of foreign will, additional, per page .........	$ 1.00	13793
(36)	Forms when supplied by the probate court, not to		13794
	exceed ...............................................	$10.00	13795
(37)	Heirship, petition to determine ......................	$20.00	13796
(38)	Injunction proceedings ...............................	$20.00	13797
(39)	Improve real estate, petition to .....................	$20.00	13798
(40)	Inventory with appraisement ..........................	$10.00	13799
(41)	Inventory without appraisement .......................	$ 7.00	13800
(42)	Investment or expenditure of funds, application for ..	$10.00	13801
(43)	Invest in real estate, application to ................	$10.00	13802
(44)	Lease for oil, gas, coal, or other mineral, petition		13803
	to ...................................................	$20.00	13804
(45)	Lease or lease and improve real estate, petition to ..	$20.00	13805
(46)	Marriage license .....................................	$10.00	13806
	Certified abstract of each marriage ..................	$ 2.00	13807
(47)	Minor or mentally ill person, etc., disposal of estate		13808
	under ten thousand dollars of ........................	$10.00	13809
(48)	Mortgage or mortgage and repair or improve real		13810
	estate, petition to ..................................	$20.00	13811
(49)	Newly discovered assets, report of ...................	$ 7.00	13812
(50)	Nonresident executor or administrator to bar		13813
	creditors' claims, proceedings by ....................	$20.00	13814
(51)	Power of attorney or revocation of power,		13815
	bonding company ......................................	$10.00	13816
(52)	Presumption of death, petition to establish ..........	$20.00	13817
(53)	Probating will .......................................	$15.00	13818
	Proof of notice to beneficiaries .....................	$ 5.00	13819
(54)	Purchase personal property, application of surviving		13820
	spouse to ............................................	$10.00	13821
(55)	Purchase real estate at appraised value, petition of		13822
	surviving spouse to ..................................	$20.00	13823
(56)	Receipts in addition to advertising charges,		13824
	application and order to record ......................	$ 5.00	13825
	Record of those receipts, additional, per page .......	$ 1.00	13826
(57)	Record in excess of fifteen hundred words in any		13827
	proceeding in the probate court, per page ............	$ 1.00	13828
(58)	Release of estate by mortgagee or other lienholder ...	$ 5.00	13829
(59)	Relieving an estate from administration under section		13830
	2113.03 of the Revised Code or granting an order for a		13831
	summary release from administration under section		13832
	2113.031 of the Revised Code .........................	$60.00	13833
(60)	Removal of fiduciary, application for ................	$10.00	13834
(61)	Requalification of executor or administrator .........	$10.00	13835
(62)	Resignation of fiduciary .............................	$ 5.00	13836
(63)	Sale bill, public sale of personal property ..........	$10.00	13837
(64)	Sale of personal property and report, application		13838
	for ..................................................	$10.00	13839
(65)	Sale of real estate, petition for ....................	$25.00	13840
(66)	Terminate guardianship, petition to ..................	$10.00	13841
(67)	Transfer of real estate, application, entry, and		13842
	certificate for ......................................	$ 7.00	13843
(68)	Unclaimed money, application to invest ...............	$ 7.00	13844
(69)	Vacate approval of account or order of distribution,		13845
	motion to ............................................	$10.00	13846
(70)	Writ of execution ....................................	$ 5.00	13847
(71)	Writ of possession ...................................	$ 5.00	13848
(72)	Wrongful death, application and settlement of claim		13849
	for ..................................................	$20.00	13850
(73)	Year's allowance, petition to review .................	$ 7.00	13851
(74)	Guardian's report, filing and review of ..............	$ 5.00	13852

(B)(1) In relation to an application for the appointment of a	13853
guardian or the review of a report of a guardian under section	13854
2111.49 of the Revised Code, the probate court, pursuant to court	13855
order or in accordance with a court rule, may direct that the	13856
applicant or the estate pay any or all of the expenses of an	13857
investigation conducted pursuant to section 2111.041 or division	13858
(A)(2) of section 2111.49 of the Revised Code. If the	13859
investigation is conducted by a public employee or investigator	13860
who is paid by the county, the fees for the investigation shall be	13861
paid into the county treasury. If the court finds that an alleged	13862
incompetent or a ward is indigent, the court may waive the costs,	13863
fees, and expenses of an investigation.	13864

(2) In relation to the appointment or functioning of a	13865
guardian for a minor or the guardianship of a minor, the probate	13866
court may direct that the applicant or the estate pay any or all	13867
of the expenses of an investigation conducted pursuant to section	13868
2111.042 of the Revised Code. If the investigation is conducted by	13869
a public employee or investigator who is paid by the county, the	13870
fees for the investigation shall be paid into the county treasury.	13871
If the court finds that the guardian or applicant is indigent, the	13872
court may waive the costs, fees, and expenses of an investigation.	13873

(C) Thirty dollars of the thirty-five-dollar fee collected	13874
pursuant to division (A)(34) of this section and twenty dollars of	13875
the sixty-dollar fee collected pursuant to division (A)(59) of	13876
this section shall be deposited by the county treasurer in the	13877
indigent guardianship fund created pursuant to section 2111.51 of	13878
the Revised Code.	13879

(D) The fees of witnesses, jurors, sheriffs, coroners, and	13880
constables for services rendered in the probate court or by order	13881
of the probate judge shall be the same as provided for like	13882
services in the court of common pleas.	13883

(E) The probate court, by rule, may require an advance	13884
deposit for costs, not to exceed one hundred twenty-five dollars,	13885
at the time application is made for an appointment as executor or	13886
administrator or at the time a will is presented for probate.	13887

(F) The probate court, by rule, shall establish a reasonable	13888
fee, not to exceed fifty dollars, for the filing of a petition for	13889
the release of information regarding an adopted person's name by	13890
birth and the identity of the adopted person's biological parents	13891
and biological siblings pursuant to section 3107.41 of the Revised	13892
Code, all proceedings relative to the petition, the entry of an	13893
order relative to the petition, and all services required to be	13894
performed in connection with the petition. The probate court may	13895
use a reasonable portion of a fee charged under authority of this	13896
division to reimburse any agency, as defined in section 3107.39 of	13897
the Revised Code, for any services it renders in performing a task	13898
described in section 3107.41 of the Revised Code relative to or in	13899
connection with the petition for which the fee was charged.	13900

(G)(1) Thirty dollars of the fifty-dollar fee collected	13901
pursuant to division (A)(3) of this section shall be deposited	13902
into the "putative father registry fund," which is hereby created	13903
in the state treasury. The department of job and family services	13904
shall use the money in the fund to fund the department's costs of	13905
performing its duties related to the putative father registry	13906
established under section 3107.062 of the Revised Code.	13907

(2) If the department determines that money in the putative	13908
father registry fund is more than is needed for its duties related	13909
to the putative father registry, the department may use the	13910
surplus moneys in the fund as permitted in division (C) of section	13911
2151.3529, division (B) of section 2151.3530, or section 5103.155	13912
of the Revised Code.	13913

Sec. 2113.041. (A) The administrator of the estate recovery	13914
program established pursuant to section 5111.11 of the Revised	13915
Code may present an affidavit to a financial institution	13916
requesting that the financial institution release account proceeds	13917
to recover the cost of services correctly provided to a medicaid	13918
recipient. The affidavit shall include all of the following	13919
information:	13920

(1) The name of the decedent;

13921

(2) The name of any person who gave notice that the decedent	13922
was a medicaid recipient and that person's relationship to the	13923
decedent;	13924

(3) The name of the financial institution;

13925

(4) The account number;

13926

(5) A description of the claim for estate recovery;

13927

(6) The amount of funds to be recovered.

13928

(B) A financial institution may release account proceeds to	13929
the administrator of the estate recovery program if all of the	13930
following apply:	13931

(1) The decedent held an account at the financial institution	13932
that was in the decedent's name only.	13933

(2) No estate has been, and it is reasonable to assume that	13934
no estate will be, opened for the decedent.	13935

(3) The decedent has no outstanding debts known to the	13936
administrator of the estate recovery program.	13937

(4) The financial institution has received no objections or	13938
has determined that no valid objections to release of proceeds	13939
have been received.	13940

(C) If proceeds have been released pursuant to division (B)	13941
of this section and the department of job and family services	13942
receives notice of a valid claim to the proceeds that has a higher	13943
priority under section 2117.25 of the Revised Code than the claim	13944
of the estate recovery program, the department may refund the	13945
proceeds to the financial institution or pay them to the person or	13946
government entity with the claim.	13947

Sec. 2117.06. (A) All creditors having claims against an	13948
estate, including claims arising out of contract, out of tort, on	13949
cognovit notes, or on judgments, whether due or not due, secured	13950
or unsecured, liquidated or unliquidated, shall present their	13951
claims in one of the following manners:	13952

(1) To the executor or administrator in a writing;

13953

(2) To the executor or administrator in a writing, and to the	13954
probate court by filing a copy of the writing with it;	13955

(3) In a writing that is sent by ordinary mail addressed to	13956
the decedent and that is actually received by the executor or	13957
administrator within the appropriate time specified in division	13958
(B) of this section. For purposes of this division, if an executor	13959
or administrator is not a natural person, the writing shall be	13960
considered as being actually received by the executor or	13961
administrator only if the person charged with the primary	13962
responsibility of administering the estate of the decedent	13963
actually receives the writing within the appropriate time	13964
specified in division (B) of this section.	13965

(B) ~~All~~Except as provided in section 2117.061 of the Revised	13966
Code, all claims shall be presented within one year after the	13967
death of the decedent, whether or not the estate is released from	13968
administration or an executor or administrator is appointed during	13969
that one-year period. Every claim presented shall set forth the	13970
claimant's address.	13971

(C) AExcept as provided in section 2117.061 of the Revised	13972
Code, a claim that is not presented within one year after the	13973
death of the decedent shall be forever barred as to all parties,	13974
including, but not limited to, devisees, legatees, and	13975
distributees. No payment shall be made on the claim and no action	13976
shall be maintained on the claim, except as otherwise provided in	13977
sections 2117.37 to 2117.42 of the Revised Code with reference to	13978
contingent claims.	13979

(D) In the absence of any prior demand for allowance, the	13980
executor or administrator shall allow or reject all claims, except	13981
tax assessment claims, within thirty days after their	13982
presentation, provided that failure of the executor or	13983
administrator to allow or reject within that time shall not	13984
prevent the executor or administrator from doing so after that	13985
time and shall not prejudice the rights of any claimant. Upon the	13986
allowance of a claim, the executor or the administrator, on demand	13987
of the creditor, shall furnish the creditor with a written	13988
statement or memorandum of the fact and date of the allowance.	13989

(E) If the executor or administrator has actual knowledge of	13990
a pending action commenced against the decedent prior to the	13991
decedent's death in a court of record in this state, the executor	13992
or administrator shall file a notice of the appointment of the	13993
executor or administrator in the pending action within ten days	13994
after acquiring that knowledge. If the administrator or executor	13995
is not a natural person, actual knowledge of a pending suit	13996
against the decedent shall be limited to the actual knowledge of	13997
the person charged with the primary responsibility of	13998
administering the estate of the decedent. Failure to file the	13999
notice within the ten-day period does not extend the claim period	14000
established by this section.	14001

(F) This section applies to any person who is required to	14002
give written notice to the executor or administrator of a motion	14003
or application to revive an action pending against the decedent at	14004
the date of the death of the decedent.	14005

(G) Nothing in this section or in section 2117.07 of the	14006
Revised Code shall be construed to reduce the time mentioned in	14007
section 2125.02, 2305.09, 2305.10, 2305.11, 2305.113, or 2305.12	14008
of the Revised Code, provided that no portion of any recovery on a	14009
claim brought pursuant to any of those sections shall come from	14010
the assets of an estate unless the claim has been presented	14011
against the estate in accordance with Chapter 2117. of the Revised	14012
Code.	14013

(H) Any person whose claim has been presented and has not	14014
been rejected after presentment is a creditor as that term is used	14015
in Chapters 2113. to 2125. of the Revised Code. Claims that are	14016
contingent need not be presented except as provided in sections	14017
2117.37 to 2117.42 of the Revised Code, but, whether presented	14018
pursuant to those sections or this section, contingent claims may	14019
be presented in any of the manners described in division (A) of	14020
this section.	14021

(I) If a creditor presents a claim against an estate in	14022
accordance with division (A)(2) of this section, the probate court	14023
shall not close the administration of the estate until that claim	14024
is allowed or rejected.	14025

(J) The probate court shall not require an executor or	14026
administrator to make and return into the court a schedule of	14027
claims against the estate.	14028

(K) If the executor or administrator makes a distribution of	14029
the assets of the estate prior to the expiration of the time for	14030
the filing of claims as set forth in this section, the executor or	14031
administrator shall provide notice on the account delivered to	14032
each distributee that the distributee may be liable to the estate	14033
up to the value of the distribution and may be required to return	14034
all or any part of the value of the distribution if a valid claim	14035
is subsequently made against the estate within the time permitted	14036
under this section.	14037

Sec. 2117.061. (A) As used in this section, "person	14038
responsible for the estate" means the executor, administrator,	14039
commissioner, or person who filed pursuant to section 2113.03 of	14040
the Revised Code for release from administration of an estate.	14041

(B) If the decedent was fifty-five years of age or older at	14042
the time of death, the person responsible for an estate shall	14043
determine whether the decedent was a recipient of medical	14044
assistance under Chapter 5111. of the Revised Code. If the	14045
decedent was a recipient, the person responsible for the estate	14046
shall give written notice to that effect to the administrator of	14047
the estate recovery program instituted under section 5111.11 of	14048
the Revised Code not later than thirty days after the occurrence	14049
of any of the following:	14050

(1) The granting of letters testamentary;

14051

(2) The administration of the estate;

14052

(3) The filing of an application for release from	14053
administration or summary release from administration.	14054

(C) The person responsible for an estate shall mark the	14055
appropriate box on the appropriate probate form to indicate	14056
compliance with the requirements of division (B) of this section.	14057

(D) The estate recovery program administrator shall present a	14058
claim for estate recovery to the person responsible for the estate	14059
or the person's legal representative not later than ninety days	14060
after the date on which notice is received under division (B) of	14061
this section or one year after the decedent's death, whichever is	14062
later.	14063

Sec. 2117.25. (A) Every executor or administrator shall	14064
proceed with diligence to pay the debts of the decedent and shall	14065
apply the assets in the following order:	14066

(1) Costs and expenses of administration;

14067

(2) An amount, not exceeding two thousand dollars, for	14068
funeral expenses that are included in the bill of a funeral	14069
director, funeral expenses other than those in the bill of a	14070
funeral director that are approved by the probate court, and an	14071
amount, not exceeding two thousand dollars, for burial and	14072
cemetery expenses, including that portion of the funeral	14073
director's bill allocated to cemetery expenses that have been paid	14074
to the cemetery by the funeral director.	14075

For purposes of this division, burial and cemetery expenses	14076
shall be limited to the following:	14077

(a) The purchase of a place of interment;

14078

(b) Monuments or other markers;

14079

14080

(d) The cost of opening and closing the place of interment;

14081

(e) The urn.

14082

(3) The allowance for support made to the surviving spouse,	14083
minor children, or both under section 2106.13 of the Revised Code;	14084

(4) Debts entitled to a preference under the laws of the	14085
United States;	14086

(5) Expenses of the last sickness of the decedent;

14087

(6) If the total bill of a funeral director for funeral	14088
expenses exceeds two thousand dollars, then, in addition to the	14089
amount described in division (A)(2) of this section, an amount,	14090
not exceeding one thousand dollars, for funeral expenses that are	14091
included in the bill and that exceed two thousand dollars;	14092

(7) Personal property taxes, claims made under the estate	14093
recovery program instituted pursuant to section 5111.11 of the	14094
Revised Code, and obligations for which the decedent was	14095
personally liable to the state or any of its subdivisions;	14096

(8) Debts for manual labor performed for the decedent within	14097
twelve months preceding the decedent's death, not exceeding three	14098
hundred dollars to any one person;	14099

(9) Other debts for which claims have been presented and	14100
finally allowed.	14101

(B) The part of the bill of a funeral director that exceeds	14102
the total of three thousand dollars as described in divisions	14103
(A)(2) and (6) of this section, and the part of a claim included	14104
in division (A)(8) of this section that exceeds three hundred	14105
dollars shall be included as a debt under division (A)(9) of this	14106
section, depending upon the time when the claim for the additional	14107
amount is presented.	14108

(C) Any natural person or fiduciary who pays a claim of any	14109
creditor described in division (A) of this section shall be	14110
subrogated to the rights of that creditor proportionate to the	14111
amount of the payment and shall be entitled to reimbursement for	14112
that amount in accordance with the priority of payments set forth	14113
in that division.	14114

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	14115
to the manner in which and the time within which claims shall be	14116
presented, shall apply to claims set forth in divisions (A)(2),	14117
(6), and (8) of this section. Claims for an expense of	14118
administration or for the allowance for support need not be	14119
presented. The executor or administrator shall pay debts included	14120
in divisions (A)(4) and (7) of this section, of which the executor	14121
or administrator has knowledge, regardless of presentation.	14122

(2) The giving of written notice to an executor or	14123
administrator of a motion or application to revive an action	14124
pending against the decedent at the date of death shall be	14125
equivalent to the presentation of a claim to the executor or	14126
administrator for the purpose of determining the order of payment	14127
of any judgment rendered or decree entered in such an action.	14128

(E) No payments shall be made to creditors of one class until	14129
all those of the preceding class are fully paid or provided for.	14130
If the assets are insufficient to pay all the claims of one class,	14131
the creditors of that class shall be paid ratably.	14132

(F) If it appears at any time that the assets have been	14133
exhausted in paying prior or preferred charges, allowances, or	14134
claims, those payments shall be a bar to an action on any claim	14135
not entitled to that priority or preference.	14136

Sec. 2151.352. AExcept as otherwise provided in this	14137
section, a child, or the child's parents,or custodian, or any	14138
other person in loco parentis of ~~such~~the child is entitled to	14139
representation by legal counsel at all stages of the proceedings	14140
under this chapter or Chapter 2152. of the Revised Code ~~and if~~.	14141
If, as an indigent person, ~~any such person~~a party is unable to	14142
employ counsel, the party is entitled to have counsel provided for	14143
the person pursuant to Chapter 120. of the Revised Code. If a	14144
party appears without counsel, the court shall ascertain whether	14145
the party knows of the party's right to counsel and of the party's	14146
right to be provided with counsel if the party is an indigent	14147
person. The court may continue the case to enable a party to	14148
obtain counsel or to be represented by the county public defender	14149
or the joint county public defender and shall provide counsel upon	14150
request pursuant to Chapter 120. of the Revised Code. Counsel must	14151
be provided for a child not represented by the child's parent,	14152
guardian, or custodian. If the interests of two or more ~~such~~	14153
parties conflict, separate counsel shall be provided for each of	14154
them.	14155

This section does not confer the right to court-appointed	14156
counsel in civil actions arising under division (A)(2), (D), or	14157
(F) of section 2151.23 or division (C) of section 3111.13 of the	14158
Revised Code.	14159

Section 2935.14 of the Revised Code applies to any child	14160
taken into custody. The parents, custodian, or guardian of ~~such~~a	14161
child taken into custody, and any attorney at law representing	14162
them or the child, shall be entitled to visit ~~such~~the child at	14163
any reasonable time, be present at any hearing involving the	14164
child, and be given reasonable notice of ~~such~~the hearing.	14165

Any report or part ~~thereof~~of a report concerning ~~such~~the	14166
child, which is used in the hearing and is pertinent ~~thereto~~to	14167
the hearing, shall for good cause shown be made available to any	14168
attorney at law representing ~~such~~the child and to any attorney at	14169
law representing the parents, custodian, or guardian of ~~such~~the	14170
child, upon written request prior to any hearing involving ~~such~~	14171
the child.	14172

Sec. 2151.3529. (A) The director of job and family services	14173
shall promulgate forms designed to gather pertinent medical	14174
information concerning a deserted child and the child's parents.	14175
The forms shall clearly and unambiguously state on each page that	14176
the information requested is to facilitate medical care for the	14177
child, that the forms may be fully or partially completed or left	14178
blank, that completing the forms or parts of the forms is	14179
completely voluntary, and that no adverse legal consequence will	14180
result from failure to complete any part of the forms.	14181

(B) The director shall promulgate written materials to be	14182
given to the parents of a child delivered pursuant to section	14183
2151.3516 of the Revised Code. The materials shall describe	14184
services available to assist parents and newborns and shall	14185
include information directly relevant to situations that might	14186
cause parents to desert a child and information on the procedures	14187
for a person to follow in order to reunite with a child the person	14188
delivered under section 2151.3516 of the Revised Code, including	14189
notice that the person will be required to submit to a DNA test,	14190
at that person's expense, to prove that the person is the parent	14191
of the child.	14192

(C) If the department of job and family services determines	14193
that money in the putative father registry fund created under	14194
section 2101.16 of the Revised Code is more than is needed for its	14195
duties related to the putative father registry, the department may	14196
use surplus moneys in the fund for costs related to the	14197
development and publication of forms and materials promulgated	14198
pursuant to divisions (A) and (B) of this section.	14199

Sec. 2151.3530. (A) The director of job and family services	14200
shall distribute the medical information forms and written	14201
materials promulgated under section 2151.3529 of the Revised Code	14202
to entities permitted to receive a deserted child, to public	14203
children services agencies, and to other public or private	14204
agencies that, in the discretion of the director, are best able to	14205
disseminate the forms and materials to the persons who are most in	14206
need of the forms and materials.	14207

(B) If the department of job and family services determines	14208
that money in the putative father registry fund created under	14209
section 2101.16 of the Revised Code is more than is needed to	14210
perform its duties related to the putative father registry, the	14211
department may use surplus moneys in the fund for costs related to	14212
the distribution of forms and materials pursuant to this section.	14213

Sec. 2151.83. (A) A public children services agency or	14214
private child placing agency, on the request of a young adult,	14215
shall enter into a jointly prepared written agreement with the	14216
young adult that obligates the agency to ensure that independent	14217
living services are provided to the young adult and sets forth the	14218
responsibilities of the young adult regarding the services. The	14219
agreement shall be developed based on the young adult's strengths,	14220
needs, and circumstances ~~and the availability of funds provided~~	14221
~~pursuant to section 2151.84 of the Revised Code~~. The agreement	14222
shall be designed to promote the young adult's successful	14223
transition to independent adult living and emotional and economic	14224
self-sufficiency.	14225

(B) If the young adult appears to be eligible for services	14226
from one or more of the following entities, the agency must	14227
contact the appropriate entity to determine eligibility:	14228

(1) An entity, other than the agency, that is represented on	14229
a county family and children first council established pursuant to	14230
section 121.37 of the Revised Code. If the entity is a board of	14231
alcohol, drug addiction, and mental health services, an alcohol	14232
and drug addiction services board, or a community mental health	14233
board, the agency shall contact the provider of alcohol, drug	14234
addiction, or mental health services that has been designated by	14235
the board to determine the young adult's eligibility for services.	14236

(2) The rehabilitation services commission;

14237

(3) A metropolitan housing authority established pursuant to	14238
section 3735.27 of the Revised Code.	14239

If an entity described in this division determines that the	14240
young adult qualifies for services from the entity, that entity,	14241
the young adult, and the agency to which the young adult made the	14242
request for independent living services shall enter into a written	14243
addendum to the jointly prepared agreement entered into under	14244
division (A) of this section. The addendum shall indicate how	14245
services under the agreement and addendum are to be coordinated	14246
and allocate the service responsibilities among the entities and	14247
agency that signed the addendum.	14248

Sec. 2151.84. The department of job and family services	14249
shall establish model agreements that may be used by public	14250
children services agencies and private child placing agencies	14251
required to provide services under an agreement with a young adult	14252
pursuant to section 2151.83 of the Revised Code. The model	14253
agreements shall include provisions describing the specific	14254
independent living services to be provided ~~to the extent funds are~~	14255
~~provided pursuant to this section~~, the duration of the services	14256
and the agreement, the duties and responsibilities of each party	14257
under the agreement, and grievance procedures regarding disputes	14258
that arise regarding the agreement or services provided under it.	14259

~~To facilitate the provision of independent living services,~~	14260
~~the department shall provide funds to meet the requirement of~~	14261
~~state matching funds needed to qualify for federal funds under the~~	14262
~~"Foster Care Independence Act of 1999," 113 Stat. 1822 (1999), 42~~	14263
~~U.S.C. 677, as amended. The department shall seek controlling~~	14264
~~board approval of any fund transfers necessary to meet this~~	14265
~~requirement.~~	14266

Sec. 2152.19. (A) If a child is adjudicated a delinquent	14267
child, the court may make any of the following orders of	14268
disposition, in addition to any other disposition authorized or	14269
required by this chapter:	14270

(1) Any order that is authorized by section 2151.353 of the	14271
Revised Code for the care and protection of an abused, neglected,	14272
or dependent child;	14273

(2) Commit the child to the temporary custody of any school,	14274
camp, institution, or other facility operated for the care of	14275
delinquent children by the county, by a district organized under	14276
section 2152.41 or 2151.65 of the Revised Code, or by a private	14277
agency or organization, within or without the state, that is	14278
authorized and qualified to provide the care, treatment, or	14279
placement required, including, but not limited to, a school, camp,	14280
or facility operated under section 2151.65 of the Revised Code;	14281

(3) Place the child in a detention facility or district	14282
detention facility operated under section 2152.41 of the Revised	14283
Code, for up to ninety days;	14284

(4) Place the child on community control under any sanctions,	14285
services, and conditions that the court prescribes. As a condition	14286
of community control in every case and in addition to any other	14287
condition that it imposes upon the child, the court shall require	14288
the child to abide by the law during the period of community	14289
control. As referred to in this division, community control	14290
includes, but is not limited to, the following sanctions and	14291
conditions:	14292

(a) A period of basic probation supervision in which the	14293
child is required to maintain contact with a person appointed to	14294
supervise the child in accordance with sanctions imposed by the	14295
court;	14296

(b) A period of intensive probation supervision in which the	14297
child is required to maintain frequent contact with a person	14298
appointed by the court to supervise the child while the child is	14299
seeking or maintaining employment and participating in training,	14300
education, and treatment programs as the order of disposition;	14301

(c) A period of day reporting in which the child is required	14302
each day to report to and leave a center or another approved	14303
reporting location at specified times in order to participate in	14304
work, education or training, treatment, and other approved	14305
programs at the center or outside the center;	14306

(d) A period of community service of up to five hundred hours	14307
for an act that would be a felony or a misdemeanor of the first	14308
degree if committed by an adult, up to two hundred hours for an	14309
act that would be a misdemeanor of the second, third, or fourth	14310
degree if committed by an adult, or up to thirty hours for an act	14311
that would be a minor misdemeanor if committed by an adult;	14312

(e) A requirement that the child obtain a high school	14313
diploma, a certificate of high school equivalence, vocational	14314
training, or employment;	14315

(f) A period of drug and alcohol use monitoring;

14316

(g) A requirement of alcohol or drug assessment or	14317
counseling, or a period in an alcohol or drug treatment program	14318
with a level of security for the child as determined necessary by	14319
the court;	14320

(h) A period in which the court orders the child to observe a	14321
curfew that may involve daytime or evening hours;	14322

(i) A requirement that the child serve monitored time;

14323

(j) A period of house arrest with or without electronic	14324
monitoring;	14325

(k) A period of electronic monitoring without house arrest or	14326
electronically monitored house arrest that does not exceed the	14327
maximum sentence of imprisonment that could be imposed upon an	14328
adult who commits the same act.	14329

A period of electronically monitored house arrest imposed	14330
under this division shall not extend beyond the child's	14331
twenty-first birthday. If a court imposes a period of	14332
electronically monitored house arrest upon a child under this	14333
division, it shall require the child: to wear, otherwise have	14334
attached to the child's person, or otherwise be subject to	14335
monitoring by a certified electronic monitoring device or to	14336
participate in the operation of and monitoring by a certified	14337
electronic monitoring system; to remain in the child's home or	14338
other specified premises for the entire period of electronically	14339
monitored house arrest except when the court permits the child to	14340
leave those premises to go to school or to other specified	14341
premises; to be monitored by a central system that can determine	14342
the child's location at designated times; to report periodically	14343
to a person designated by the court; and to enter into a written	14344
contract with the court agreeing to comply with all requirements	14345
imposed by the court, agreeing to pay any fee imposed by the court	14346
for the costs of the electronically monitored house arrest, and	14347
agreeing to waive the right to receive credit for any time served	14348
on electronically monitored house arrest toward the period of any	14349
other dispositional order imposed upon the child if the child	14350
violates any of the requirements of the dispositional order of	14351
electronically monitored house arrest. The court also may impose	14352
other reasonable requirements upon the child.	14353

Unless ordered by the court, a child shall not receive credit	14354
for any time served on electronically monitored house arrest	14355
toward any other dispositional order imposed upon the child for	14356
the act for which was imposed the dispositional order of	14357
electronically monitored house arrest.	14358

(l) A suspension of the driver's license, probationary	14359
driver's license, or temporary instruction permit issued to the	14360
child or a suspension of the registration of all motor vehicles	14361
registered in the name of the child. A child whose license or	14362
permit is so suspended is ineligible for issuance of a license or	14363
permit during the period of suspension. At the end of the period	14364
of suspension, the child shall not be reissued a license or permit	14365
until the child has paid any applicable reinstatement fee and	14366
complied with all requirements governing license reinstatement.	14367

(5) Commit the child to the custody of the court;

14368

(6) Require the child to not be absent without legitimate	14369
excuse from the public school the child is supposed to attend for	14370
five or more consecutive days, seven or more school days in one	14371
school month, or twelve or more school days in a school year;	14372

(7)(a) If a child is adjudicated a delinquent child for being	14373
a chronic truant or an habitual truant who previously has been	14374
adjudicated an unruly child for being a habitual truant, do either	14375
or both of the following:	14376

(i) Require the child to participate in a truancy prevention	14377
mediation program;	14378

(ii) Make any order of disposition as authorized by this	14379
section, except that the court shall not commit the child to a	14380
facility described in division (A)(2) or (3) of this section	14381
unless the court determines that the child violated a lawful court	14382
order made pursuant to division (C)(1)(e) of section 2151.354 of	14383
the Revised Code or division (A)(6) of this section.	14384

(b) If a child is adjudicated a delinquent child for being a	14385
chronic truant or a habitual truant who previously has been	14386
adjudicated an unruly child for being a habitual truant and the	14387
court determines that the parent, guardian, or other person having	14388
care of the child has failed to cause the child's attendance at	14389
school in violation of section 3321.38 of the Revised Code, do	14390
either or both of the following:	14391

(i) Require the parent, guardian, or other person having care	14392
of the child to participate in a truancy prevention mediation	14393
program;	14394

(ii) Require the parent, guardian, or other person having	14395
care of the child to participate in any community service program,	14396
preferably a community service program that requires the	14397
involvement of the parent, guardian, or other person having care	14398
of the child in the school attended by the child.	14399

(8) Make any further disposition that the court finds proper,	14400
except that the child shall not be placed in any of the following:	14401

(a) A state correctional institution, a county, multicounty,	14402
or municipal jail or workhouse, or another place in which an adult	14403
convicted of a crime, under arrest, or charged with a crime is	14404
held;	14405

(b) A community corrections facility, if the child would be	14406
covered by the definition of public safety beds for purposes of	14407
sections 5139.41 to ~~5139.45~~5139.43 of the Revised Code if the	14408
court exercised its authority to commit the child to the legal	14409
custody of the department of youth services for	14410
institutionalization or institutionalization in a secure facility	14411
pursuant to this chapter.	14412

(B) If a child is adjudicated a delinquent child, in addition	14413
to any order of disposition made under division (A) of this	14414
section, the court, in the following situations, shall suspend the	14415
child's temporary instruction permit, restricted license,	14416
probationary driver's license, or nonresident operating privilege,	14417
or suspend the child's ability to obtain such a permit:	14418

(1) The child is adjudicated a delinquent child for violating	14419
section 2923.122 of the Revised Code, with the suspension and	14420
denial being in accordance with division (E)(1)(a), (c), (d), or	14421
(e) of section 2923.122 of the Revised Code.	14422

(2) The child is adjudicated a delinquent child for	14423
committing an act that if committed by an adult would be a drug	14424
abuse offense or for violating division (B) of section 2917.11 of	14425
the Revised Code, with the suspension continuing until the child	14426
attends and satisfactorily completes a drug abuse or alcohol abuse	14427
education, intervention, or treatment program specified by the	14428
court. During the time the child is attending the program, the	14429
court shall retain any temporary instruction permit, probationary	14430
driver's license, or driver's license issued to the child, and the	14431
court shall return the permit or license when the child	14432
satisfactorily completes the program.	14433

(C) The court may establish a victim-offender mediation	14434
program in which victims and their offenders meet to discuss the	14435
offense and suggest possible restitution. If the court obtains the	14436
assent of the victim of the delinquent act committed by the child,	14437
the court may require the child to participate in the program.	14438

(D)(1) If a child is adjudicated a delinquent child for	14439
committing an act that would be a felony if committed by an adult	14440
and if the child caused, attempted to cause, threatened to cause,	14441
or created a risk of physical harm to the victim of the act, the	14442
court, prior to issuing an order of disposition under this	14443
section, shall order the preparation of a victim impact statement	14444
by the probation department of the county in which the victim of	14445
the act resides, by the court's own probation department, or by a	14446
victim assistance program that is operated by the state, a county,	14447
a municipal corporation, or another governmental entity. The court	14448
shall consider the victim impact statement in determining the	14449
order of disposition to issue for the child.	14450

(2) Each victim impact statement shall identify the victim of	14451
the act for which the child was adjudicated a delinquent child,	14452
itemize any economic loss suffered by the victim as a result of	14453
the act, identify any physical injury suffered by the victim as a	14454
result of the act and the seriousness and permanence of the	14455
injury, identify any change in the victim's personal welfare or	14456
familial relationships as a result of the act and any	14457
psychological impact experienced by the victim or the victim's	14458
family as a result of the act, and contain any other information	14459
related to the impact of the act upon the victim that the court	14460
requires.	14461

(3) A victim impact statement shall be kept confidential and	14462
is not a public record. However, the court may furnish copies of	14463
the statement to the department of youth services if the	14464
delinquent child is committed to the department or to both the	14465
adjudicated delinquent child or the adjudicated delinquent child's	14466
counsel and the prosecuting attorney. The copy of a victim impact	14467
statement furnished by the court to the department pursuant to	14468
this section shall be kept confidential and is not a public	14469
record. If an officer is preparing pursuant to section 2947.06 or	14470
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	14471
investigation report pertaining to a person, the court shall make	14472
available to the officer, for use in preparing the report, a copy	14473
of any victim impact statement regarding that person. The copies	14474
of a victim impact statement that are made available to the	14475
adjudicated delinquent child or the adjudicated delinquent child's	14476
counsel and the prosecuting attorney pursuant to this division	14477
shall be returned to the court by the person to whom they were	14478
made available immediately following the imposition of an order of	14479
disposition for the child under this chapter.	14480

The copy of a victim impact statement that is made available	14481
pursuant to this division to an officer preparing a criminal	14482
presentence investigation report shall be returned to the court by	14483
the officer immediately following its use in preparing the report.	14484

(4) The department of youth services shall work with local	14485
probation departments and victim assistance programs to develop a	14486
standard victim impact statement.	14487

(E) If a child is adjudicated a delinquent child for being a	14488
chronic truant or an habitual truant who previously has been	14489
adjudicated an unruly child for being an habitual truant and the	14490
court determines that the parent, guardian, or other person having	14491
care of the child has failed to cause the child's attendance at	14492
school in violation of section 3321.38 of the Revised Code, in	14493
addition to any order of disposition it makes under this section,	14494
the court shall warn the parent, guardian, or other person having	14495
care of the child that any subsequent adjudication of the child as	14496
an unruly or delinquent child for being an habitual or chronic	14497
truant may result in a criminal charge against the parent,	14498
guardian, or other person having care of the child for a violation	14499
of division (C) of section 2919.21 or section 2919.24 of the	14500
Revised Code.	14501

(F)(1) During the period of a delinquent child's community	14502
control granted under this section, authorized probation officers	14503
who are engaged within the scope of their supervisory duties or	14504
responsibilities may search, with or without a warrant, the person	14505
of the delinquent child, the place of residence of the delinquent	14506
child, and a motor vehicle, another item of tangible or intangible	14507
personal property, or other real property in which the delinquent	14508
child has a right, title, or interest or for which the delinquent	14509
child has the express or implied permission of a person with a	14510
right, title, or interest to use, occupy, or possess if the	14511
probation officers have reasonable grounds to believe that the	14512
delinquent child is not abiding by the law or otherwise is not	14513
complying with the conditions of the delinquent child's community	14514
control. The court that places a delinquent child on community	14515
control under this section shall provide the delinquent child with	14516
a written notice that informs the delinquent child that authorized	14517
probation officers who are engaged within the scope of their	14518
supervisory duties or responsibilities may conduct those types of	14519
searches during the period of community control if they have	14520
reasonable grounds to believe that the delinquent child is not	14521
abiding by the law or otherwise is not complying with the	14522
conditions of the delinquent child's community control. The court	14523
also shall provide the written notice described in division (E)(2)	14524
of this section to each parent, guardian, or custodian of the	14525
delinquent child who is described in that division.	14526

(2) The court that places a child on community control under	14527
this section shall provide the child's parent, guardian, or other	14528
custodian with a written notice that informs them that authorized	14529
probation officers may conduct searches pursuant to division	14530
(E)(1) of this section. The notice shall specifically state that a	14531
permissible search might extend to a motor vehicle, another item	14532
of tangible or intangible personal property, or a place of	14533
residence or other real property in which a notified parent,	14534
guardian, or custodian has a right, title, or interest and that	14535
the parent, guardian, or custodian expressly or impliedly permits	14536
the child to use, occupy, or possess.	14537

(G) If a juvenile court commits a delinquent child to the	14538
custody of any person, organization, or entity pursuant to this	14539
section and if the delinquent act for which the child is so	14540
committed is a sexually oriented offense, the court in the order	14541
of disposition shall do one of the following:	14542

(1) Require that the child be provided treatment as described	14543
in division (A)(2) of section 5139.13 of the Revised Code;	14544

(2) Inform the person, organization, or entity that it is the	14545
preferred course of action in this state that the child be	14546
provided treatment as described in division (A)(2) of section	14547
5139.13 of the Revised Code and encourage the person,	14548
organization, or entity to provide that treatment.	14549

Sec. 2301.58. (A) The director of the community-based	14550
correctional facility or district community-based correctional	14551
facility may establish a commissary for the facility. The	14552
commissary may be established either in-house or by another	14553
arrangement. If a commissary is established, all persons	14554
incarcerated in the facility shall receive commissary privileges.	14555
A person's purchases from the commissary shall be deducted from	14556
the person's account record in the facility's business office. The	14557
commissary shall provide for the distribution to indigent persons	14558
incarcerated in the facility necessary hygiene articles and	14559
writing materials.	14560

(B) If a commissary is established, the director of the	14561
community-based correctional facility or district community-based	14562
correctional facility shall establish a commissary fund for the	14563
facility. The management of funds in the commissary fund shall be	14564
strictly controlled in accordance with procedures adopted by the	14565
auditor of state. Commissary fund revenue over and above operating	14566
costs and reserve shall be considered profits. All profits from	14567
the commissary fund shall be used to purchase supplies and	14568
equipment for the benefit of persons incarcerated in the facility	14569
and to pay salary and benefits for employees of the facility, or	14570
for any other persons, who work in or are employed for the sole	14571
purpose of providing service to the commissary. The director of	14572
the community-based correctional facility or district	14573
community-based correctional facility shall adopt rules and	14574
regulations for the operation of any commissary fund the director	14575
establishes.	14576

Sec. 2305.234. (A) As used in this section:

14577

(1) "Chiropractic claim," "medical claim," and "optometric	14578
claim" have the same meanings as in section 2305.113 of the	14579
Revised Code.	14580

(2) "Dental claim" has the same meaning as in section	14581
2305.113 of the Revised Code, except that it does not include any	14582
claim arising out of a dental operation or any derivative claim	14583
for relief that arises out of a dental operation.	14584

(3) "Governmental health care program" has the same meaning	14585
as in section 4731.65 of the Revised Code.	14586

(4) "Health care professional" means any of the following who	14587
provide medical, dental, or other health-related diagnosis, care,	14588
or treatment:	14589

(a) Physicians authorized under Chapter 4731. of the Revised	14590
Code to practice medicine and surgery or osteopathic medicine and	14591
surgery;	14592

(b) Registered nurses, advanced practice nurses, and licensed	14593
practical nurses licensed under Chapter 4723. of the Revised Code;	14594

(c) Physician assistants authorized to practice under Chapter	14595
4730. of the Revised Code;	14596

(d) Dentists and dental hygienists licensed under Chapter	14597
4715. of the Revised Code;	14598

(e) Physical therapists licensed under Chapter 4755. of the	14599
Revised Code;	14600

(f) Chiropractors licensed under Chapter 4734. of the Revised	14601
Code;	14602

(g) Optometrists licensed under Chapter 4725. of the Revised	14603
Code;	14604

(h) Podiatrists authorized under Chapter 4731. of the Revised	14605
Code to practice podiatry;	14606

(i) Dietitians licensed under Chapter 4759. of the Revised	14607
Code;	14608

(j) Pharmacists licensed under Chapter 4729. of the Revised	14609
Code;	14610

(k) Emergency medical technicians-basic, emergency medical	14611
technicians-intermediate, and emergency medical	14612
technicians-paramedic, certified under Chapter 4765. of the	14613
Revised Code.	14614

(5) "Health care worker" means a person other than a health	14615
care professional who provides medical, dental, or other	14616
health-related care or treatment under the direction of a health	14617
care professional with the authority to direct that individual's	14618
activities, including medical technicians, medical assistants,	14619
dental assistants, orderlies, aides, and individuals acting in	14620
similar capacities.	14621

(6) "Indigent and uninsured person" means a person who meets	14622
all of the following requirements:	14623

(a) The person's income is not greater than one hundred fifty	14624
per cent of the current poverty line as defined by the United	14625
States office of management and budget and revised in accordance	14626
with section 673(2) of the "Omnibus Budget Reconciliation Act of	14627
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended.	14628

(b) The person is not eligible to receive medical assistance	14629
under Chapter 5111., disability ~~assistance~~ medical assistance	14630
under Chapter 5115. of the Revised Code, or assistance under any	14631
other governmental health care program.	14632

14633

(i) The person is not a policyholder, certificate holder,	14634
insured, contract holder, subscriber, enrollee, member,	14635
beneficiary, or other covered individual under a health insurance	14636
or health care policy, contract, or plan.	14637

(ii) The person is a policyholder, certificate holder,	14638
insured, contract holder, subscriber, enrollee, member,	14639
beneficiary, or other covered individual under a health insurance	14640
or health care policy, contract, or plan, but the insurer, policy,	14641
contract, or plan denies coverage or is the subject of insolvency	14642
or bankruptcy proceedings in any jurisdiction.	14643

(7) "Operation" means any procedure that involves cutting or	14644
otherwise infiltrating human tissue by mechanical means, including	14645
surgery, laser surgery, ionizing radiation, therapeutic	14646
ultrasound, or the removal of intraocular foreign bodies.	14647
"Operation" does not include the administration of medication by	14648
injection, unless the injection is administered in conjunction	14649
with a procedure infiltrating human tissue by mechanical means	14650
other than the administration of medicine by injection.	14651

(8) "Nonprofit shelter or health care facility" means a	14652
charitable nonprofit corporation organized and operated pursuant	14653
to Chapter 1702. of the Revised Code, or any charitable	14654
organization not organized and not operated for profit, that	14655
provides shelter, health care services, or shelter and health care	14656
services to indigent and uninsured persons, except that "shelter	14657
or health care facility" does not include a hospital as defined in	14658
section 3727.01 of the Revised Code, a facility licensed under	14659
Chapter 3721. of the Revised Code, or a medical facility that is	14660
operated for profit.	14661

(9) "Tort action" means a civil action for damages for	14662
injury, death, or loss to person or property other than a civil	14663
action for damages for a breach of contract or another agreement	14664
between persons or government entities.	14665

(10) "Volunteer" means an individual who provides any	14666
medical, dental, or other health-care related diagnosis, care, or	14667
treatment without the expectation of receiving and without receipt	14668
of any compensation or other form of remuneration from an indigent	14669
and uninsured person, another person on behalf of an indigent and	14670
uninsured person, any shelter or health care facility, or any	14671
other person or government entity.	14672

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	14673
health care professional who is a volunteer and complies with	14674
division (B)(2) of this section is not liable in damages to any	14675
person or government entity in a tort or other civil action,	14676
including an action on a medical, dental, chiropractic,	14677
optometric, or other health-related claim, for injury, death, or	14678
loss to person or property that allegedly arises from an action or	14679
omission of the volunteer in the provision at a nonprofit shelter	14680
or health care facility to an indigent and uninsured person of	14681
medical, dental, or other health-related diagnosis, care, or	14682
treatment, including the provision of samples of medicine and	14683
other medical products, unless the action or omission constitutes	14684
willful or wanton misconduct.	14685

(2) To qualify for the immunity described in division (B)(1)	14686
of this section, a health care professional shall do all of the	14687
following prior to providing diagnosis, care, or treatment:	14688

(a) Determine, in good faith, that the indigent and uninsured	14689
person is mentally capable of giving informed consent to the	14690
provision of the diagnosis, care, or treatment and is not subject	14691
to duress or under undue influence;	14692

(b) Inform the person of the provisions of this section;

14693

(c) Obtain the informed consent of the person and a written	14694
waiver, signed by the person or by another individual on behalf of	14695
and in the presence of the person, that states that the person is	14696
mentally competent to give informed consent and, without being	14697
subject to duress or under undue influence, gives informed consent	14698
to the provision of the diagnosis, care, or treatment subject to	14699
the provisions of this section.	14700

(3) A physician or podiatrist who is not covered by medical	14701
malpractice insurance, but complies with division (B)(2) of this	14702
section, is not required to comply with division (A) of section	14703
4731.143 of the Revised Code.	14704

(C) Subject to divisions (E) and (F)(3) of this section,	14705
health care workers who are volunteers are not liable in damages	14706
to any person or government entity in a tort or other civil	14707
action, including an action upon a medical, dental, chiropractic,	14708
optometric, or other health-related claim, for injury, death, or	14709
loss to person or property that allegedly arises from an action or	14710
omission of the health care worker in the provision at a nonprofit	14711
shelter or health care facility to an indigent and uninsured	14712
person of medical, dental, or other health-related diagnosis,	14713
care, or treatment, unless the action or omission constitutes	14714
willful or wanton misconduct.	14715

(D) Subject to divisions (E) and (F)(3) of this section and	14716
section 3701.071 of the Revised Code, a nonprofit shelter or	14717
health care facility associated with a health care professional	14718
described in division (B)(1) of this section or a health care	14719
worker described in division (C) of this section is not liable in	14720
damages to any person or government entity in a tort or other	14721
civil action, including an action on a medical, dental,	14722
chiropractic, optometric, or other health-related claim, for	14723
injury, death, or loss to person or property that allegedly arises	14724
from an action or omission of the health care professional or	14725
worker in providing for the shelter or facility medical, dental,	14726
or other health-related diagnosis, care, or treatment to an	14727
indigent and uninsured person, unless the action or omission	14728
constitutes willful or wanton misconduct.	14729

(E)(1) Except as provided in division (E)(2) of this section,	14730
the immunities provided by divisions (B), (C), and (D) of this	14731
section are not available to an individual or to a nonprofit	14732
shelter or health care facility if, at the time of an alleged	14733
injury, death, or loss to person or property, the individuals	14734
involved are providing one of the following:	14735

(a) Any medical, dental, or other health-related diagnosis,	14736
care, or treatment pursuant to a community service work order	14737
entered by a court under division (F) of section 2951.02 of the	14738
Revised Code as a condition of probation or other suspension of a	14739
term of imprisonment or imposed by a court as a community control	14740
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	14741
Code.	14742

(b) Performance of an operation.

14743

14744

(2) Division (E)(1) of this section does not apply to an	14745
individual who provides, or a nonprofit shelter or health care	14746
facility at which the individual provides, diagnosis, care, or	14747
treatment that is necessary to preserve the life of a person in a	14748
medical emergency.	14749

(F)(1) This section does not create a new cause of action or	14750
substantive legal right against a health care professional, health	14751
care worker, or nonprofit shelter or health care facility.	14752

(2) This section does not affect any immunities from civil	14753
liability or defenses established by another section of the	14754
Revised Code or available at common law to which an individual or	14755
a nonprofit shelter or health care facility may be entitled in	14756
connection with the provision of emergency or other diagnosis,	14757
care, or treatment.	14758

(3) This section does not grant an immunity from tort or	14759
other civil liability to an individual or a nonprofit shelter or	14760
health care facility for actions that are outside the scope of	14761
authority of health care professionals or health care workers.	14762

(4) This section does not affect any legal responsibility of	14763
a health care professional or health care worker to comply with	14764
any applicable law of this state or rule of an agency of this	14765
state.	14766

(5) This section does not affect any legal responsibility of	14767
a nonprofit shelter or health care facility to comply with any	14768
applicable law of this state, rule of an agency of this state, or	14769
local code, ordinance, or regulation that pertains to or regulates	14770
building, housing, air pollution, water pollution, sanitation,	14771
health, fire, zoning, or safety.	14772

Sec. 2329.07. If neither execution on a judgment rendered in	14773
a court of record or certified to the clerk of the court of common	14774
pleas in the county in which the judgment was rendered is issued,	14775
nor a certificate of judgment for obtaining a lien upon lands and	14776
tenements is issued and filed, as provided in sections 2329.02 and	14777
2329.04 of the Revised Code, within five years from the date of	14778
the judgment or within five years from the date of the issuance of	14779
the last execution thereon or the issuance and filing of the last	14780
such certificate, whichever is later, then, unless the judgment is	14781
in favor of the state, the judgment shall be dormant and shall not	14782
operate as a lien upon the estate of the judgment debtor.	14783

If the judgment is in favor of the state, the judgment shall	14784
not become dormant and shall not cease to operate as a lien	14785
against the estate of the judgment debtor ~~unless neither such~~	14786
provided that either execution on the judgment is issued ~~nor such~~	14787
or a certificate of judgment is issued and filed, as provided in	14788
sections 2329.02 and 2329.04 of the Revised Code, within ten years	14789
from the date of the judgment ~~or within ten years from the date of~~	14790
~~the issuance of the last execution thereon or the issuance and~~	14791
~~filing of the last such certificate, whichever is later~~.	14792

If, in any county other than that in which a judgment was	14793
rendered, the judgment has become a lien by reason of the filing,	14794
in the office of the clerk of the court of common pleas of that	14795
county, of a certificate of the judgment as provided in sections	14796
2329.02 and 2329.04 of the Revised Code, and if no execution is	14797
issued for the enforcement of the judgment within that county, or	14798
no further certificate of the judgment is filed in that county,	14799
within five years ~~or, if the judgment is in favor of the state,~~	14800
~~within ten years~~ from the date of issuance of the last execution	14801
for the enforcement of the judgment within that county or the date	14802
of filing of the last certificate in that county, whichever is the	14803
later, then the judgment shall cease to operate as a lien upon	14804
lands and tenements of the judgment debtor within that county,	14805
unless the judgment is in favor of the state, in which case the	14806
judgment shall not become dormant.	14807

~~This section applies to judgments in favor of the state.~~

14808

Sec. 2329.66. (A) Every person who is domiciled in this	14809
state may hold property exempt from execution, garnishment,	14810
attachment, or sale to satisfy a judgment or order, as follows:	14811

(1)(a) In the case of a judgment or order regarding money	14812
owed for health care services rendered or health care supplies	14813
provided to the person or a dependent of the person, one parcel or	14814
item of real or personal property that the person or a dependent	14815
of the person uses as a residence. Division (A)(1)(a) of this	14816
section does not preclude, affect, or invalidate the creation	14817
under this chapter of a judgment lien upon the exempted property	14818
but only delays the enforcement of the lien until the property is	14819
sold or otherwise transferred by the owner or in accordance with	14820
other applicable laws to a person or entity other than the	14821
surviving spouse or surviving minor children of the judgment	14822
debtor. Every person who is domiciled in this state may hold	14823
exempt from a judgment lien created pursuant to division (A)(1)(a)	14824
of this section the person's interest, not to exceed five thousand	14825
dollars, in the exempted property.	14826

(b) In the case of all other judgments and orders, the	14827
person's interest, not to exceed five thousand dollars, in one	14828
parcel or item of real or personal property that the person or a	14829
dependent of the person uses as a residence.	14830

(2) The person's interest, not to exceed one thousand	14831
dollars, in one motor vehicle;	14832

(3) The person's interest, not to exceed two hundred dollars	14833
in any particular item, in wearing apparel, beds, and bedding, and	14834
the person's interest, not to exceed three hundred dollars in each	14835
item, in one cooking unit and one refrigerator or other food	14836
preservation unit;	14837

(4)(a) The person's interest, not to exceed four hundred	14838
dollars, in cash on hand, money due and payable, money to become	14839
due within ninety days, tax refunds, and money on deposit with a	14840
bank, savings and loan association, credit union, public utility,	14841
landlord, or other person. Division (A)(4)(a) of this section	14842
applies only in bankruptcy proceedings. This exemption may include	14843
the portion of personal earnings that is not exempt under division	14844
(A)(13) of this section.	14845

(b) Subject to division (A)(4)(d) of this section, the	14846
person's interest, not to exceed two hundred dollars in any	14847
particular item, in household furnishings, household goods,	14848
appliances, books, animals, crops, musical instruments, firearms,	14849
and hunting and fishing equipment, that are held primarily for the	14850
personal, family, or household use of the person;	14851

(c) Subject to division (A)(4)(d) of this section, the	14852
person's interest in one or more items of jewelry, not to exceed	14853
four hundred dollars in one item of jewelry and not to exceed two	14854
hundred dollars in every other item of jewelry;	14855

(d) Divisions (A)(4)(b) and (c) of this section do not	14856
include items of personal property listed in division (A)(3) of	14857
this section.	14858

If the person does not claim an exemption under division	14859
(A)(1) of this section, the total exemption claimed under division	14860
(A)(4)(b) of this section shall be added to the total exemption	14861
claimed under division (A)(4)(c) of this section, and the total	14862
shall not exceed two thousand dollars. If the person claims an	14863
exemption under division (A)(1) of this section, the total	14864
exemption claimed under division (A)(4)(b) of this section shall	14865
be added to the total exemption claimed under division (A)(4)(c)	14866
of this section, and the total shall not exceed one thousand five	14867
hundred dollars.	14868

(5) The person's interest, not to exceed an aggregate of	14869
seven hundred fifty dollars, in all implements, professional	14870
books, or tools of the person's profession, trade, or business,	14871
including agriculture;	14872

(6)(a) The person's interest in a beneficiary fund set apart,	14873
appropriated, or paid by a benevolent association or society, as	14874
exempted by section 2329.63 of the Revised Code;	14875

(b) The person's interest in contracts of life or endowment	14876
insurance or annuities, as exempted by section 3911.10 of the	14877
Revised Code;	14878

(c) The person's interest in a policy of group insurance or	14879
the proceeds of a policy of group insurance, as exempted by	14880
section 3917.05 of the Revised Code;	14881

(d) The person's interest in money, benefits, charity,	14882
relief, or aid to be paid, provided, or rendered by a fraternal	14883
benefit society, as exempted by section 3921.18 of the Revised	14884
Code;	14885

(e) The person's interest in the portion of benefits under	14886
policies of sickness and accident insurance and in lump sum	14887
payments for dismemberment and other losses insured under those	14888
policies, as exempted by section 3923.19 of the Revised Code.	14889

(7) The person's professionally prescribed or medically	14890
necessary health aids;	14891

(8) The person's interest in a burial lot, including, but not	14892
limited to, exemptions under section 517.09 or 1721.07 of the	14893
Revised Code;	14894

(9) The person's interest in the following:

14895

(a) Moneys paid or payable for living maintenance or rights,	14896
as exempted by section 3304.19 of the Revised Code;	14897

(b) Workers' compensation, as exempted by section 4123.67 of	14898
the Revised Code;	14899

(c) Unemployment compensation benefits, as exempted by	14900
section 4141.32 of the Revised Code;	14901

(d) Cash assistance payments under the Ohio works first	14902
program, as exempted by section 5107.75 of the Revised Code;	14903

(e) Benefits and services under the prevention, retention,	14904
and contingency program, as exempted by section 5108.08 of the	14905
Revised Code;	14906

(f) Disability financial assistance payments, as exempted by	14907
section ~~5115.07~~5115.06 of the Revised Code.	14908

(10)(a) Except in cases in which the person was convicted of	14909
or pleaded guilty to a violation of section 2921.41 of the Revised	14910
Code and in which an order for the withholding of restitution from	14911
payments was issued under division (C)(2)(b) of that section or in	14912
cases in which an order for withholding was issued under section	14913
2907.15 of the Revised Code, and only to the extent provided in	14914
the order, and except as provided in sections 3105.171, 3105.63,	14915
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	14916
Code, the person's right to a pension, benefit, annuity,	14917
retirement allowance, or accumulated contributions, the person's	14918
right to a participant account in any deferred compensation	14919
program offered by the Ohio public employees deferred compensation	14920
board, a government unit, or a municipal corporation, or the	14921
person's other accrued or accruing rights, as exempted by section	14922
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	14923
the Revised Code, and the person's right to benefits from the Ohio	14924
public safety officers death benefit fund;	14925

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	14926
3121.03, and 3123.06 of the Revised Code, the person's right to	14927
receive a payment under any pension, annuity, or similar plan or	14928
contract, not including a payment from a stock bonus or	14929
profit-sharing plan or a payment included in division (A)(6)(b) or	14930
(10)(a) of this section, on account of illness, disability, death,	14931
age, or length of service, to the extent reasonably necessary for	14932
the support of the person and any of the person's dependents,	14933
except if all the following apply:	14934

(i) The plan or contract was established by or under the	14935
auspices of an insider that employed the person at the time the	14936
person's rights under the plan or contract arose.	14937

(ii) The payment is on account of age or length of service.

14938

(iii) The plan or contract is not qualified under the	14939
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	14940
amended.	14941

(c) Except for any portion of the assets that were deposited	14942
for the purpose of evading the payment of any debt and except as	14943
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	14944
3123.06 of the Revised Code, the person's right in the assets held	14945
in, or to receive any payment under, any individual retirement	14946
account, individual retirement annuity, "Roth IRA," or education	14947
individual retirement account that provides benefits by reason of	14948
illness, disability, death, or age, to the extent that the assets,	14949
payments, or benefits described in division (A)(10)(c) of this	14950
section are attributable to any of the following:	14951

(i) Contributions of the person that were less than or equal	14952
to the applicable limits on deductible contributions to an	14953
individual retirement account or individual retirement annuity in	14954
the year that the contributions were made, whether or not the	14955
person was eligible to deduct the contributions on the person's	14956
federal tax return for the year in which the contributions were	14957
made;	14958

(ii) Contributions of the person that were less than or equal	14959
to the applicable limits on contributions to a Roth IRA or	14960
education individual retirement account in the year that the	14961
contributions were made;	14962

(iii) Contributions of the person that are within the	14963
applicable limits on rollover contributions under subsections 219,	14964
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	14965
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	14966
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	14967

(d) Except for any portion of the assets that were deposited	14968
for the purpose of evading the payment of any debt and except as	14969
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	14970
3123.06 of the Revised Code, the person's right in the assets held	14971
in, or to receive any payment under, any Keogh or "H.R. 10" plan	14972
that provides benefits by reason of illness, disability, death, or	14973
age, to the extent reasonably necessary for the support of the	14974
person and any of the person's dependents.	14975

(11) The person's right to receive spousal support, child	14976
support, an allowance, or other maintenance to the extent	14977
reasonably necessary for the support of the person and any of the	14978
person's dependents;	14979

(12) The person's right to receive, or moneys received during	14980
the preceding twelve calendar months from, any of the following:	14981

(a) An award of reparations under sections 2743.51 to 2743.72	14982
of the Revised Code, to the extent exempted by division (D) of	14983
section 2743.66 of the Revised Code;	14984

(b) A payment on account of the wrongful death of an	14985
individual of whom the person was a dependent on the date of the	14986
individual's death, to the extent reasonably necessary for the	14987
support of the person and any of the person's dependents;	14988

(c) Except in cases in which the person who receives the	14989
payment is an inmate, as defined in section 2969.21 of the Revised	14990
Code, and in which the payment resulted from a civil action or	14991
appeal against a government entity or employee, as defined in	14992
section 2969.21 of the Revised Code, a payment, not to exceed five	14993
thousand dollars, on account of personal bodily injury, not	14994
including pain and suffering or compensation for actual pecuniary	14995
loss, of the person or an individual for whom the person is a	14996
dependent;	14997

(d) A payment in compensation for loss of future earnings of	14998
the person or an individual of whom the person is or was a	14999
dependent, to the extent reasonably necessary for the support of	15000
the debtor and any of the debtor's dependents.	15001

(13) Except as provided in sections 3119.80, 3119.81,	15002
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	15003
earnings of the person owed to the person for services in an	15004
amount equal to the greater of the following amounts:	15005

(a) If paid weekly, thirty times the current federal minimum	15006
hourly wage; if paid biweekly, sixty times the current federal	15007
minimum hourly wage; if paid semimonthly, sixty-five times the	15008
current federal minimum hourly wage; or if paid monthly, one	15009
hundred thirty times the current federal minimum hourly wage that	15010
is in effect at the time the earnings are payable, as prescribed	15011
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	15012
U.S.C. 206(a)(1), as amended;	15013

(b) Seventy-five per cent of the disposable earnings owed to	15014
the person.	15015

(14) The person's right in specific partnership property, as	15016
exempted by division (B)(3) of section 1775.24 of the Revised	15017
Code;	15018

(15) A seal and official register of a notary public, as	15019
exempted by section 147.04 of the Revised Code;	15020

(16) The person's interest in a tuition credit or a payment	15021
under section 3334.09 of the Revised Code pursuant to a tuition	15022
credit contract, as exempted by section 3334.15 of the Revised	15023
Code;	15024

(17) Any other property that is specifically exempted from	15025
execution, attachment, garnishment, or sale by federal statutes	15026
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	15027
U.S.C.A. 101, as amended;	15028

(18) The person's interest, not to exceed four hundred	15029
dollars, in any property, except that division (A)(18) of this	15030
section applies only in bankruptcy proceedings.	15031

(B) As used in this section:

15032

(1) "Disposable earnings" means net earnings after the	15033
garnishee has made deductions required by law, excluding the	15034
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	15035
3121.03, or 3123.06 of the Revised Code.	15036

(2) "Insider" means:

15037

(a) If the person who claims an exemption is an individual, a	15038
relative of the individual, a relative of a general partner of the	15039
individual, a partnership in which the individual is a general	15040
partner, a general partner of the individual, or a corporation of	15041
which the individual is a director, officer, or in control;	15042

(b) If the person who claims an exemption is a corporation, a	15043
director or officer of the corporation; a person in control of the	15044
corporation; a partnership in which the corporation is a general	15045
partner; a general partner of the corporation; or a relative of a	15046
general partner, director, officer, or person in control of the	15047
corporation;	15048

(c) If the person who claims an exemption is a partnership, a	15049
general partner in the partnership; a general partner of the	15050
partnership; a person in control of the partnership; a partnership	15051
in which the partnership is a general partner; or a relative in, a	15052
general partner of, or a person in control of the partnership;	15053

(d) An entity or person to which or whom any of the following	15054
applies:	15055

(i) The entity directly or indirectly owns, controls, or	15056
holds with power to vote, twenty per cent or more of the	15057
outstanding voting securities of the person who claims an	15058
exemption, unless the entity holds the securities in a fiduciary	15059
or agency capacity without sole discretionary power to vote the	15060
securities or holds the securities solely to secure to debt and	15061
the entity has not in fact exercised the power to vote.	15062

(ii) The entity is a corporation, twenty per cent or more of	15063
whose outstanding voting securities are directly or indirectly	15064
owned, controlled, or held with power to vote, by the person who	15065
claims an exemption or by an entity to which division (B)(2)(d)(i)	15066
of this section applies.	15067

(iii) A person whose business is operated under a lease or	15068
operating agreement by the person who claims an exemption, or a	15069
person substantially all of whose business is operated under an	15070
operating agreement with the person who claims an exemption.	15071

(iv) The entity operates the business or all or substantially	15072
all of the property of the person who claims an exemption under a	15073
lease or operating agreement.	15074

(e) An insider, as otherwise defined in this section, of a	15075
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	15076
(iv) of this section applies, as if the person or entity were a	15077
person who claims an exemption;	15078

(f) A managing agent of the person who claims an exemption.

15079

(3) "Participant account" has the same meaning as in section	15080
148.01 of the Revised Code.	15081

(4) "Government unit" has the same meaning as in section	15082
148.06 of the Revised Code.	15083

(C) For purposes of this section, "interest" shall be	15084
determined as follows:	15085

(1) In bankruptcy proceedings, as of the date a petition is	15086
filed with the bankruptcy court commencing a case under Title 11	15087
of the United States Code;	15088

(2) In all cases other than bankruptcy proceedings, as of the	15089
date of an appraisal, if necessary under section 2329.68 of the	15090
Revised Code, or the issuance of a writ of execution.	15091

An interest, as determined under division (C)(1) or (2) of	15092
this section, shall not include the amount of any lien otherwise	15093
valid pursuant to section 2329.661 of the Revised Code.	15094

Sec. 2505.13. If a supersedeas bond has been executed and	15095
filed and the surety is one other than a surety company, the clerk	15096
of the court with which the bond has been filed, upon request,	15097
shall issue a certificate that sets forth the fact that the bond	15098
has been filed and that states the style and number of the appeal,	15099
the amount of the bond, and the sureties on it. Such a certificate	15100
may be filed in the office of the county recorder of any county in	15101
which the sureties may own land, and, when filed, the bond shall	15102
be a lien upon the land of the sureties in such county. The lien	15103
shall be extinguished upon the satisfaction, reversal, or vacation	15104
of the final order, judgment, or decree involved, or by an order	15105
of the court that entered the final order, judgment, or decree,	15106
that releases the lien or releases certain land from the operation	15107
of the lien.	15108

The clerk, upon request, shall issue a notice of discharge of	15109
such a lien, which may be filed in the office of any recorder in	15110
whose office the certificate of lien was filed. Such notice shall	15111
state that the final order, judgment, or decree involved is	15112
satisfied, reversed, or vacated, or that an order has been entered	15113
that releases the lien or certain land from the operation of the	15114
lien. Such recorder shall properly keep and file such certificates	15115
and notices as are filed with ~~him~~the recorder and shall index	15116
them in the book or record provided for in section 2937.27 of the	15117
Revised Code.	15118

The fee for issuing such a certificate or notice shall be as	15119
provided by law, and shall be taxed as part of the costs of the	15120
appeal. A county recorder shall receive a base fee of fifty cents	15121
for filing and indexing such a certificate, which fee shall cover	15122
the filing and the entering on the index of ~~such a~~the notice and	15123
a housing trust fund fee of fifty cents pursuant to section 317.36	15124
of the Revised Code.	15125

Sec. 2715.041. (A) Upon the filing of a motion for an order	15126
of attachment pursuant to section 2715.03 of the Revised Code, the	15127
plaintiff shall file with the clerk of the court a praecipe	15128
instructing the clerk to issue to the defendant against whom the	15129
motion was filed a notice of the proceeding. Upon receipt of the	15130
praecipe, the clerk shall issue the notice which shall be in	15131
substantially the following form:	15132

	"(Name and Address of Court)		15133
	Case No...................		15134

(Case Caption)

15135

NOTICE

15136

You are hereby notified that (name and address of plaintiff),	15137
the plaintiff in this proceeding, has applied to this court for	15138
the attachment of property in your possession. The basis for this	15139
application is indicated in the documents that are enclosed with	15140
this notice.	15141

The law of Ohio and the United States provides that certain	15142
benefit payments cannot be taken from you to pay a debt. Typical	15143
among the benefits that cannot be attached or executed on by a	15144
creditor are:	15145

(1) Workers' compensation benefits;

15146

(2) Unemployment compensation payments;

15147

(3) Cash assistance payments under the Ohio works first	15148
program;	15149

(4) Benefits and services under the prevention, retention,	15150
and contingency program;	15151

(5) Disability financial assistance administered by the Ohio	15152
department of job and family services;	15153

(6) Social security benefits;

15154

(7) Supplemental security income (S.S.I.);

15155

(8) Veteran's benefits;

15156

(9) Black lung benefits;

15157

(10) Certain pensions.

15158

Additionally, your wages never can be taken to pay a debt	15159
until a judgment has been obtained against you. There may be other	15160
benefits not included in this list that apply in your case.	15161

If you dispute the plaintiff's claim and believe that you are	15162
entitled to retain possession of the property because it is exempt	15163
or for any other reason, you may request a hearing before this	15164
court by disputing the claim in the request for hearing form	15165
appearing below, or in a substantially similar form, and	15166
delivering the request for the hearing to this court, at the	15167
office of the clerk of this court, not later than the end of the	15168
fifth business day after you receive this notice. You may state	15169
your reasons for disputing the claim in the space provided on the	15170
form, but you are not required to do so. If you do state your	15171
reasons for disputing the claim in the space provided on the form,	15172
you are not prohibited from stating any other reasons at the	15173
hearing, and if you do not state your reasons, it will not be held	15174
against you by the court and you can state your reasons at the	15175
hearing.	15176

If you request a hearing, it will be conducted in	15177
................... courtroom ........, (address of court), at	15178
.............m. on ............., .....	15179

You may avoid having a hearing but retain possession of the	15180
property until the entry of final judgment in the action by filing	15181
with the court, at the office of the clerk of this court, not	15182
later than the end of the fifth business day after you receive	15183
this notice, a bond executed by an acceptable surety in the amount	15184
of $............	15185

If you do not request a hearing or file a bond on or before	15186
the end of the fifth business day after you receive this notice,	15187
the court, without further notice to you, may order a law	15188
enforcement officer or bailiff to take possession of the property.	15189
Notice of the dates, times, places, and purposes of any subsequent	15190
hearings and of the date, time, and place of the trial of the	15191
action will be sent to you.	15192

	..................................		15193
	Clerk of Court		15194
	Date:........................"		15195

(B) Along with the notice required by division (A) of this	15196
section, the clerk of the court also shall deliver to the	15197
defendant, in accordance with division (C) of this section, a	15198
request for hearing form together with a postage-paid,	15199
self-addressed envelope or a request for hearing form on a	15200
postage-paid, self-addressed postcard. The request for hearing	15201
shall be in substantially the following form:	15202

"(Name and Address of Court)

15203

Case Number ....................

Date .......................

15204

REQUEST FOR HEARING

15205

I dispute the claim for the attachment of property in the	15206
above case and request that a hearing in this matter be held at	15207
the time and place set forth in the notice that I previously	15208
received.	15209

I dispute the claim for the following reasons:

15210

................................................................

15211

(Optional)

15212

................................................................

15213

................................................................

15214

	.............................		15215
	(Name of Defendant)		15216
	............................		15217
	(Signature)		15218
	............................		15219
	(Date)		15220

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	15221
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	15222
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	15223
YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY BE	15224
REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."	15225

(C) The notice required by division (A) of this section shall	15226
be served on the defendant in duplicate not less than seven	15227
business days prior to the date on which the hearing is scheduled,	15228
together with a copy of the complaint and summons, if not	15229
previously served, and a copy of the motion for the attachment of	15230
property and the affidavit attached to the motion, in the same	15231
manner as provided in the Rules of Civil Procedure for the service	15232
of process. Service may be effected by publication as provided in	15233
the Rules of Civil Procedure except that the number of weeks for	15234
publication may be reduced by the court to the extent appropriate.	15235

Sec. 2715.045. (A) Upon the filing of a motion for	15236
attachment, a court may issue an order of attachment without	15237
issuing notice to the defendant against whom the motion was filed	15238
and without conducting a hearing if the court finds that there is	15239
probable cause to support the motion and that the plaintiff that	15240
filed the motion for attachment will suffer irreparable injury if	15241
the order is delayed until the defendant against whom the motion	15242
has been filed has been given the opportunity for a hearing. The	15243
court's findings shall be based upon the motion and affidavit	15244
filed pursuant to section 2715.03 of the Revised Code and any	15245
other relevant evidence that it may wish to consider.	15246

(B) A finding by the court that the plaintiff will suffer	15247
irreparable injury may be made only if the court finds the	15248
existence of either of the following circumstances:	15249

(1) There is present danger that the property will be	15250
immediately disposed of, concealed, or placed beyond the	15251
jurisdiction of the court.	15252

(2) The value of the property will be impaired substantially	15253
if the issuance of an order of attachment is delayed.	15254

(C)(1) Upon the issuance by a court of an order of attachment	15255
without notice and hearing pursuant to this section, the plaintiff	15256
shall file the order with the clerk of the court, together with a	15257
praecipe instructing the clerk to issue to the defendant against	15258
whom the order was issued a copy of the motion, affidavit, and	15259
order of attachment, and a notice that an order of attachment was	15260
issued and that the defendant has a right to a hearing on the	15261
matter. The clerk then immediately shall serve upon the defendant,	15262
in the manner provided by the Rules of Civil Procedure for service	15263
of process, a copy of the complaint and summons, if not previously	15264
served, a copy of the motion, affidavit, and order of attachment,	15265
and the following notice:	15266

"(Name and Address of the Court)

15267

(Case Caption)

Case No. ........................

15268

NOTICE

15269

You are hereby notified that this court has issued an order	15270
in the above case in favor of (name and address of plaintiff), the	15271
plaintiff in this proceeding, directing that property now in your	15272
possession, be taken from you. This order was issued on the basis	15273
of the plaintiff's claim against you as indicated in the documents	15274
that are enclosed with this notice.	15275

The law of Ohio and the United States provides that certain	15276
benefit payments cannot be taken from you to pay a debt. Typical	15277
among the benefits that cannot be attached or executed on by a	15278
creditor are:	15279

(1) Workers' compensation benefits;

15280

(2) Unemployment compensation payments;

15281

(3) Cash assistance payments under the Ohio works first	15282
program;	15283

(4) Benefits and services under the prevention, retention,	15284
and contingency program;	15285

(5) Disability financial assistance administered by the Ohio	15286
department of job and family services;	15287

(6) Social security benefits;

15288

(7) Supplemental security income (S.S.I.);

15289

(8) Veteran's benefits;

15290

(9) Black lung benefits;

15291

(10) Certain pensions.

15292

Additionally, your wages never can be taken to pay a debt	15293
until a judgment has been obtained against you. There may be other	15294
benefits not included in this list that apply in your case.	15295

If you dispute the plaintiff's claim and believe that you are	15296
entitled to possession of the property because it is exempt or for	15297
any other reason, you may request a hearing before this court by	15298
disputing the claim in the request for hearing form, appearing	15299
below, or in a substantially similar form, and delivering the	15300
request for hearing to this court at the above address, at the	15301
office of the clerk of this court, no later than the end of the	15302
fifth business day after you receive this notice. You may state	15303
your reasons for disputing the claim in the space provided on the	15304
form; however, you are not required to do so. If you do state your	15305
reasons for disputing the claim, you are not prohibited from	15306
stating any other reasons at the hearing, and if you do not state	15307
your reasons, it will not be held against you by the court and you	15308
can state your reasons at the hearing. If you request a hearing,	15309
it will be held within three business days after delivery of your	15310
request for hearing and notice of the date, time, and place of the	15311
hearing will be sent to you.	15312

You may avoid a hearing but recover and retain possession of	15313
the property until the entry of final judgment in the action by	15314
filing with the court, at the office of the clerk of this court,	15315
not later than the end of the fifth business day after you receive	15316
this notice, a bond executed by an acceptable surety in the amount	15317
of $.........	15318

If you do not request a hearing or file a bond before the end	15319
of the fifth business day after you receive this notice,	15320
possession of the property will be withheld from you during the	15321
pendency of the action. Notice of the dates, times, places, and	15322
purposes of any subsequent hearings and of the date, time, and	15323
place of the trial of the action will be sent to you.	15324

	..............................		15325
	Clerk of the Court		15326
	..............................		15327
	Date"		15328

(2) Along with the notice required by division (C)(1) of this	15329
section, the clerk of the court also shall deliver to the	15330
defendant a request for hearing form together with a postage-paid,	15331
self-addressed envelope or a request for hearing form on a	15332
postage-paid, self-addressed postcard. The request for hearing	15333
shall be in substantially the following form:	15334

"(Name and Address of Court)

15335

Case Number .....................

Date ........................

15336

REQUEST FOR HEARING

15337

I dispute the claim for possession of property in the above	15338
case and request that a hearing in this matter be held within	15339
three business days after delivery of this request to the court.	15340

I dispute the claim for the following reasons:

15341

..................................................................

15342

(Optional)

15343

..................................................................

15344

..................................................................

15345

	..............................		15346
	(Name of Defendant)		15347
	..............................		15348
	(Signature)		15349
	..............................		15350
	(Date)		15351

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	15352
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	15353
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	15354
YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE PROPERTY	15355
WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE ACTION."	15356

(D) The defendant may receive a hearing in accordance with	15357
section 2715.043 of the Revised Code by delivering a written	15358
request for hearing to the court within five business days after	15359
receipt of the notice provided pursuant to division (C) of this	15360
section. The request may set forth the defendant's reasons for	15361
disputing the plaintiff's claim for possession of property.	15362
However, neither the defendant's inclusion of nor failure to	15363
include such reasons upon the request constitutes a waiver of any	15364
defense of the defendant or affects the defendant's right to	15365
produce evidence at any hearing or at the trial of the action. If	15366
the request is made by the defendant, the court shall schedule a	15367
hearing within three business days after the request is made, send	15368
notice to the parties of the date, time, and place of the hearing,	15369
and hold the hearing accordingly.	15370

(E) If, after hearing, the court finds that there is not	15371
probable cause to support the motion, it shall order that the	15372
property be redelivered to the defendant without the condition of	15373
bond.	15374

Sec. 2716.13. (A) Upon the filing of a proceeding in	15375
garnishment of property, other than personal earnings, under	15376
section 2716.11 of the Revised Code, the court shall cause the	15377
matter to be set for hearing within twelve days after that filing.	15378

(B) Upon the scheduling of a hearing relative to a proceeding	15379
in garnishment of property, other than personal earnings, under	15380
division (A) of this section, the clerk of the court immediately	15381
shall issue to the garnishee three copies of the order of	15382
garnishment of property, other than personal earnings, and of a	15383
written notice that the garnishee answer as provided in section	15384
2716.21 of the Revised Code and the garnishee's fee required by	15385
section 2716.12 of the Revised Code. The copies of the order and	15386
of the notice shall be served upon the garnishee in the same	15387
manner as a summons is served. The copies of the order and of the	15388
notice shall not be served later than seven days prior to the date	15389
on which the hearing is scheduled. The order shall bind the	15390
property, other than personal earnings, of the judgment debtor in	15391
the possession of the garnishee at the time of service.	15392

The order of garnishment of property, other than personal	15393
earnings, and notice to answer shall be in substantially the	15394
following form:	15395

"ORDER AND NOTICE OF GARNISHMENT

15396

OF PROPERTY OTHER THAN PERSONAL EARNINGS

15397

AND ANSWER OF GARNISHEE

15398

	Docket No. ...................		15399
	Case No. .....................		15400
	In the ................. Court		15401
	........................, Ohio		15402

The State of Ohio

15403

County of ............, ss

15404

..................., Judgment Creditor

15405

vs.

15406

..................., Judgment Debtor

15407

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT

15408

To: ...................., Garnishee

15409

The judgment creditor in the above case has filed an	15410
affidavit, satisfactory to the undersigned, in this Court stating	15411
that you have money, property, or credits, other than personal	15412
earnings, in your hands or under your control that belong to the	15413
judgment debtor, and that some of the money, property, or credits	15414
may not be exempt from garnishment under the laws of the State of	15415
Ohio or the laws of the United States.	15416

You are therefore ordered to complete the "ANSWER OF	15417
GARNISHEE" in section (B) of this form. Return one completed and	15418
signed copy of this form to the clerk of this court together with	15419
the amount determined in accordance with the "ANSWER OF GARNISHEE"	15420
by the following date on which a hearing is tentatively scheduled	15421
relative to this order of garnishment: ............ Deliver one	15422
completed and signed copy of this form to the judgment debtor	15423
prior to that date. Keep the other completed and signed copy of	15424
this form for your files.	15425

The total probable amount now due on this judgment is	15426
$.......... The total probable amount now due includes the unpaid	15427
portion of the judgment in favor of the judgment creditor, which	15428
is $..........; interest on that judgment and, if applicable,	15429
prejudgment interest relative to that judgment at the rate of	15430
.....% per annum payable until that judgment is satisfied in full;	15431
and court costs in the amount of $...........	15432

You also are ordered to hold safely anything of value that	15433
belongs to the judgment debtor and that has to be paid to the	15434
court, as determined under the "ANSWER OF GARNISHEE" in section	15435
(B) of this form, but that is of such a nature that it cannot be	15436
so delivered, until further order of the court.	15437

Witness my hand and the seal of this court this ..........	15438
day of .........., ..........	15439

	.........................		15440
	Judge		15441

SECTION B. ANSWER OF GARNISHEE

15442

Now comes .................... the garnishee, who says:

15443

1. That the garnishee has money, property, or credits, other	15444
than personal earnings, of the judgment debtor under the	15445
garnishee's control and in the garnishee's possession.	15446

...............	...............	...................		15447
yes	no	if yes, amount		15448

2. That property is described as:

15449

3. If the answer to line 1 is "yes" and the amount is less	15450
than the probable amount now due on the judgment, as indicated in	15451
section (A) of this form, sign and return this form and pay the	15452
amount of line 1 to the clerk of this court.	15453

4. If the answer to line 1 is "yes" and the amount is greater	15454
than that probable amount now due on the judgment, as indicated in	15455
section (A) of this form, sign and return this form and pay that	15456
probable amount now due to the clerk of this court.	15457

5. If the answer to line 1 is "yes" but the money, property,	15458
or credits are of such a nature that they cannot be delivered to	15459
the clerk of the court, indicate that by placing an "X" in this	15460
space: ...... Do not dispose of that money, property, or credits	15461
or give them to anyone else until further order of the court.	15462

6. If the answer to line 1 is "no," sign and return this form	15463
to the clerk of this court.	15464

I certify that the statements above are true.

15465

	..............................		15466
	(Print Name of Garnishee)		15467
	..............................		15468
	(Print Name and Title of		15469
	Person Who Completed Form)		15470

Signed........................................................

15471

(Signature of Person Completing Form)

15472

Dated this .......... day of .........., ....."

15473

Section A of the form described in this division shall be	15474
completed before service. Section B of the form shall be completed	15475
by the garnishee, and the garnishee shall file one completed and	15476
signed copy of the form with the clerk of the court as the	15477
garnishee's answer. The garnishee may keep one completed and	15478
signed copy of the form and shall deliver the other completed and	15479
signed copy of the form to the judgment debtor.	15480

If several affidavits seeking orders of garnishment of	15481
property, other than personal earnings, are filed against the same	15482
judgment debtor in accordance with section 2716.11 of the Revised	15483
Code, the court involved shall issue the requested orders in the	15484
same order in which the clerk received the associated affidavits.	15485

(C)(1) At the time of the filing of a proceeding in	15486
garnishment of property, other than personal earnings, under	15487
section 2716.11 of the Revised Code, the judgment creditor also	15488
shall file with the clerk of the court a praecipe instructing the	15489
clerk to issue to the judgment debtor a notice to the judgment	15490
debtor form and a request for hearing form. Upon receipt of the	15491
praecipe and the scheduling of a hearing relative to an action in	15492
garnishment of property, other than personal earnings, under	15493
division (A) of this section, the clerk of the court immediately	15494
shall serve upon the judgment debtor, in accordance with division	15495
(D) of this section, two copies of the notice to the judgment	15496
debtor form and of the request for hearing form. The copies of the	15497
notice to the judgment debtor form and of the request for hearing	15498
form shall not be served later than seven days prior to the date	15499
on which the hearing is scheduled.	15500

(a) The notice to the judgment debtor that must be served	15501
upon the judgment debtor shall be in substantially the following	15502
form:	15503

"(Name and Address of the Court)

15504

(Case Caption) ......................... Case No. .............

15505

NOTICE TO THE JUDGMENT DEBTOR

15506

You are hereby notified that this court has issued an order	15507
in the above case in favor of (name and address of judgment	15508
creditor), the judgment creditor in this proceeding, directing	15509
that some of your money, property, or credits, other than personal	15510
earnings, now in the possession of (name and address of	15511
garnishee), the garnishee in this proceeding, be used to satisfy	15512
your debt to the judgment creditor. This order was issued on the	15513
basis of the judgment creditor's judgment against you that was	15514
obtained in (name of court) in (case number) on (date). Upon your	15515
receipt of this notice, you are prohibited from removing or	15516
attempting to remove the money, property, or credits until	15517
expressly permitted by the court. Any violation of this	15518
prohibition subjects you to punishment for contempt of court.	15519

The law of Ohio and the United States provides that certain	15520
benefit payments cannot be taken from you to pay a debt. Typical	15521
among the benefits that cannot be attached or executed upon by a	15522
creditor are the following:	15523

(1) Workers' compensation benefits;

15524

(2) Unemployment compensation payments;

15525

(3) Cash assistance payments under the Ohio works first	15526
program;	15527

(4) Benefits and services under the prevention, retention,	15528
and contingency program;	15529

(5) Disability financial assistance administered by the Ohio	15530
department of job and family services;	15531

(6) Social security benefits;

15532

(7) Supplemental security income (S.S.I.);

15533

(8) Veteran's benefits;

15534

(9) Black lung benefits;

15535

(10) Certain pensions.

15536

There may be other benefits not included in the above list	15537
that apply in your case.	15538

If you dispute the judgment creditor's right to garnish your	15539
property and believe that the judgment creditor should not be	15540
given your money, property, or credits, other than personal	15541
earnings, now in the possession of the garnishee because they are	15542
exempt or if you feel that this order is improper for any other	15543
reason, you may request a hearing before this court by disputing	15544
the claim in the request for hearing form, appearing below, or in	15545
a substantially similar form, and delivering the request for	15546
hearing to this court at the above address, at the office of the	15547
clerk of this court no later than the end of the fifth business	15548
day after you receive this notice. You may state your reasons for	15549
disputing the judgment creditor's right to garnish your property	15550
in the space provided on the form; however, you are not required	15551
to do so. If you do state your reasons for disputing the judgment	15552
creditor's right, you are not prohibited from stating any other	15553
reason at the hearing. If you do not state your reasons, it will	15554
not be held against you by the court, and you can state your	15555
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	15556
BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing,	15557
the hearing will be limited to a consideration of the amount of	15558
your money, property, or credits, other than personal earnings, in	15559
the possession or control of the garnishee, if any, that can be	15560
used to satisfy all or part of the judgment you owe to the	15561
judgment creditor.	15562

If you request a hearing by delivering your request for	15563
hearing no later than the end of the fifth business day after you	15564
receive this notice, it will be conducted in .......... courtroom	15565
.........., (address of court), at ..... m. on ..........,	15566
.......... You may request the court to conduct the hearing before	15567
this date by indicating your request in the space provided on the	15568
form; the court then will send you notice of any change in the	15569
date, time, or place of the hearing. If you do not request a	15570
hearing by delivering your request for a hearing no later than the	15571
end of the fifth business day after you receive this notice, some	15572
of your money, property, or credits, other than personal earnings,	15573
will be paid to the judgment creditor.	15574

If you have any questions concerning this matter, you may	15575
contact the office of the clerk of this court. If you want legal	15576
representation, you should contact your lawyer immediately. If you	15577
need the name of a lawyer, contact the local bar association.	15578

	..............................		15579
	Clerk of the Court		15580
	..............................		15581
	Date"		15582

(b) The request for hearing form that must be served upon the	15583
judgment debtor shall have attached to it a postage-paid,	15584
self-addressed envelope or shall be on a postage-paid	15585
self-addressed postcard, and shall be in substantially the	15586
following form:	15587

"(Name and Address of Court)

15588

Case Number ........................... Date ....................

15589

REQUEST FOR HEARING

15590

I dispute the judgment creditor's right to garnish my money,	15591
property, or credits, other than personal earnings, in the above	15592
case and request that a hearing in this matter be held	15593

..................................................................

15594

(Insert "on" or "earlier than")

15595

the date and time set forth in the document entitled "NOTICE TO	15596
THE JUDGMENT DEBTOR" that I received with this request form.	15597

I dispute the judgment creditor's right to garnish my	15598
property for the following reasons:	15599

..................................................................

15600

(Optional)

15601

..................................................................

15602

..................................................................

15603

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	15604
BE HEARD OR CONSIDERED AT THE HEARING.	15605

	..............................		15606
	(Name of Judgment Debtor)		15607
	..............................		15608
	(Signature)		15609
	..............................		15610
	(Date)		15611

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	15612
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	15613
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	15614
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,	15615
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE	15616
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT	15617
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT	15618
CREDITOR'S NAME)."	15619

(2) The judgment debtor may receive a hearing in accordance	15620
with this division by delivering a written request for hearing to	15621
the court within five business days after receipt of the notice	15622
provided pursuant to division (C)(1) of this section. The request	15623
may set forth the judgment debtor's reasons for disputing the	15624
judgment creditor's right to garnish the money, property, or	15625
credits, other than personal earnings; however, neither the	15626
judgment debtor's inclusion of nor failure to include those	15627
reasons upon the request constitutes a waiver of any defense of	15628
the judgment debtor or affects the judgment debtor's right to	15629
produce evidence at the hearing. If the request is made by the	15630
judgment debtor within the prescribed time, the hearing shall be	15631
limited to a consideration of the amount of money, property, or	15632
credits, other than personal earnings, of the judgment debtor in	15633
the hands of the garnishee, if any, that can be used to satisfy	15634
all or part of the debt owed by the judgment debtor to the	15635
judgment creditor. If a request for a hearing is not received by	15636
the court within the prescribed time, the hearing scheduled	15637
pursuant to division (A) of this section shall be canceled unless	15638
the court grants the judgment debtor a continuance in accordance	15639
with division (C)(3) of this section.	15640

(3) If the judgment debtor does not request a hearing in the	15641
action within the prescribed time pursuant to division (C)(2) of	15642
this section, the court nevertheless may grant a continuance of	15643
the scheduled hearing if the judgment debtor, prior to the time at	15644
which the hearing was scheduled, as indicated on the notice to the	15645
judgment debtor required by division (C)(1) of this section,	15646
establishes a reasonable justification for failure to request the	15647
hearing within the prescribed time. If the court grants a	15648
continuance of the hearing, it shall cause the matter to be set	15649
for hearing as soon as practicable thereafter. The continued	15650
hearing shall be conducted in accordance with division (C)(2) of	15651
this section.	15652

(4) The court may conduct the hearing on the matter prior to	15653
the time at which the hearing was scheduled, as indicated on the	15654
notice to the judgment debtor required by division (C)(1) of this	15655
section, upon the request of the judgment debtor. The parties	15656
shall be sent notice, by the clerk of the court, by regular mail,	15657
of any change in the date, time, or place of the hearing.	15658

(5) If the scheduled hearing is canceled and no continuance	15659
is granted, the court shall issue an order to the garnishee to pay	15660
all or some of the money, property, or credits, other than	15661
personal earnings, of the judgment debtor in the possession of the	15662
garnishee at the time of service of the notice and order into	15663
court if they have not already been paid to the court. This order	15664
shall be based on the answer of the garnishee filed pursuant to	15665
this section. If the scheduled hearing is conducted or if it is	15666
continued and conducted, the court shall determine at the hearing	15667
the amount of the money, property, or credits, other than personal	15668
earnings, of the judgment debtor in the possession of the	15669
garnishee at the time of service of the notice and order, if any,	15670
that can be used to satisfy all or part of the debt owed by the	15671
judgment debtor to the judgment creditor, and issue an order,	15672
accordingly, to the garnishee to pay that amount into court if it	15673
has not already been paid to the court.	15674

(D) The notice to the judgment debtor form and the request	15675
for hearing form described in division (C) of this section shall	15676
be sent by the clerk by ordinary or regular mail service unless	15677
the judgment creditor requests that service be made in accordance	15678
with the Rules of Civil Procedure, in which case the forms shall	15679
be served in accordance with the Rules of Civil Procedure. Any	15680
court of common pleas that issues an order of garnishment of	15681
property, other than personal earnings, under this section has	15682
jurisdiction to serve process pursuant to this section upon a	15683
garnishee who does not reside within the jurisdiction of the	15684
court. Any county court or municipal court that issues an order of	15685
garnishment of property, other than personal earnings, under this	15686
section has jurisdiction to serve process pursuant to this section	15687
upon a garnishee who does not reside within the jurisdiction of	15688
the court.	15689

Sec. 2743.02. (A)(1) The state hereby waives its immunity	15690
from liability, except as provided for the office of the state	15691
fire marshal in division (G)(1) of section 9.60 and division (B)	15692
of section 3737.221 of the Revised Code and subject to division	15693
(H) of this section, and consents to be sued, and have its	15694
liability determined, in the court of claims created in this	15695
chapter in accordance with the same rules of law applicable to	15696
suits between private parties, except that the determination of	15697
liability is subject to the limitations set forth in this chapter	15698
and, in the case of state universities or colleges, in section	15699
3345.40 of the Revised Code, and except as provided in division	15700
(A)(2) of this section. To the extent that the state has	15701
previously consented to be sued, this chapter has no	15702
applicability.	15703

Except in the case of a civil action filed by the state,	15704
filing a civil action in the court of claims results in a complete	15705
waiver of any cause of action, based on the same act or omission,	15706
which the filing party has against any officer or employee, as	15707
defined in section 109.36 of the Revised Code. The waiver shall be	15708
void if the court determines that the act or omission was	15709
manifestly outside the scope of the officer's or employee's office	15710
or employment or that the officer or employee acted with malicious	15711
purpose, in bad faith, or in a wanton or reckless manner.	15712

(2) If a claimant proves in the court of claims that an	15713
officer or employee, as defined in section 109.36 of the Revised	15714
Code, would have personal liability for the officer's or	15715
employee's acts or omissions but for the fact that the officer or	15716
employee has personal immunity under section 9.86 of the Revised	15717
Code, the state shall be held liable in the court of claims in any	15718
action that is timely filed pursuant to section 2743.16 of the	15719
Revised Code and that is based upon the acts or omissions.	15720

(B) The state hereby waives the immunity from liability of	15721
all hospitals owned or operated by one or more political	15722
subdivisions and consents for them to be sued, and to have their	15723
liability determined, in the court of common pleas, in accordance	15724
with the same rules of law applicable to suits between private	15725
parties, subject to the limitations set forth in this chapter.	15726
This division is also applicable to hospitals owned or operated by	15727
political subdivisions which have been determined by the supreme	15728
court to be subject to suit prior to July 28, 1975.	15729

(C) Any hospital, as defined in section 2305.113 of the	15730
Revised Code, may purchase liability insurance covering its	15731
operations and activities and its agents, employees, nurses,	15732
interns, residents, staff, and members of the governing board and	15733
committees, and, whether or not such insurance is purchased, may,	15734
to such extent as its governing board considers appropriate,	15735
indemnify or agree to indemnify and hold harmless any such person	15736
against expense, including attorney's fees, damage, loss, or other	15737
liability arising out of, or claimed to have arisen out of, the	15738
death, disease, or injury of any person as a result of the	15739
negligence, malpractice, or other action or inaction of the	15740
indemnified person while acting within the scope of the	15741
indemnified person's duties or engaged in activities at the	15742
request or direction, or for the benefit, of the hospital. Any	15743
hospital electing to indemnify such persons, or to agree to so	15744
indemnify, shall reserve such funds as are necessary, in the	15745
exercise of sound and prudent actuarial judgment, to cover the	15746
potential expense, fees, damage, loss, or other liability. The	15747
superintendent of insurance may recommend, or, if such hospital	15748
requests the superintendent to do so, the superintendent shall	15749
recommend, a specific amount for any period that, in the	15750
superintendent's opinion, represents such a judgment. This	15751
authority is in addition to any authorization otherwise provided	15752
or permitted by law.	15753

(D) Recoveries against the state shall be reduced by the	15754
aggregate of insurance proceeds, disability award, or other	15755
collateral recovery received by the claimant. This division does	15756
not apply to civil actions in the court of claims against a state	15757
university or college under the circumstances described in section	15758
3345.40 of the Revised Code. The collateral benefits provisions of	15759
division (B)(2) of that section apply under those circumstances.	15760

(E) The only defendant in original actions in the court of	15761
claims is the state. The state may file a third-party complaint or	15762
counterclaim in any civil action, except a civil action for two	15763
thousand five hundred dollars or less, that is filed in the court	15764
of claims.	15765

(F) A civil action against an officer or employee, as defined	15766
in section 109.36 of the Revised Code, that alleges that the	15767
officer's or employee's conduct was manifestly outside the scope	15768
of the officer's or employee's employment or official	15769
responsibilities, or that the officer or employee acted with	15770
malicious purpose, in bad faith, or in a wanton or reckless manner	15771
shall first be filed against the state in the court of claims,	15772
which has exclusive, original jurisdiction to determine,	15773
initially, whether the officer or employee is entitled to personal	15774
immunity under section 9.86 of the Revised Code and whether the	15775
courts of common pleas have jurisdiction over the civil action.	15776

The filing of a claim against an officer or employee under	15777
this division tolls the running of the applicable statute of	15778
limitations until the court of claims determines whether the	15779
officer or employee is entitled to personal immunity under section	15780
9.86 of the Revised Code.	15781

(G) Whenever a claim lies against an officer or employee who	15782
is a member of the Ohio national guard, and the officer or	15783
employee was, at the time of the act or omission complained of,	15784
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	15785
U.S.C. 2671, et seq., then the Federal Tort Claims Act is the	15786
exclusive remedy of the claimant and the state has no liability	15787
under this section.	15788

(H) If an inmate of a state correctional institution has a	15789
claim against the state for the loss of or damage to property and	15790
the amount claimed does not exceed three hundred dollars, before	15791
commencing an action against the state in the court of claims, the	15792
inmate shall file a claim for the loss or damage under the rules	15793
adopted by the director of rehabilitation and correction pursuant	15794
to this division. The inmate shall file the claim within the time	15795
allowed for commencement of a civil action under section 2743.16	15796
of the Revised Code. If the state admits or compromises the claim,	15797
the director shall make payment from a fund designated by the	15798
director for that purpose. If the state denies the claim or does	15799
not compromise the claim at least sixty days prior to expiration	15800
of the time allowed for commencement of a civil action based upon	15801
the loss or damage under section 2743.16 of the Revised Code, the	15802
inmate may commence an action in the court of claims under this	15803
chapter to recover damages for the loss or damage.	15804

The director of rehabilitation and correction shall adopt	15805
rules pursuant to Chapter 119. of the Revised Code to implement	15806
this division.	15807

Sec. 2915.01. As used in this chapter:

15808

(A) "Bookmaking" means the business of receiving or paying	15809
off bets.	15810

(B) "Bet" means the hazarding of anything of value upon the	15811
result of an event, undertaking, or contingency, but does not	15812
include a bona fide business risk.	15813

(C) "Scheme of chance" means a slot machine, lottery, numbers	15814
game, pool, or other scheme in which a participant gives a	15815
valuable consideration for a chance to win a prize, but does not	15816
include bingo.	15817

(D) "Game of chance" means poker, craps, roulette, or other	15818
game in which a player gives anything of value in the hope of	15819
gain, the outcome of which is determined largely by chance, but	15820
does not include bingo.	15821

(E) "Game of chance conducted for profit" means any game of	15822
chance designed to produce income for the person who conducts or	15823
operates the game of chance, but does not include bingo.	15824

(F) "Gambling device" means any of the following:

15825

(1) A book, totalizer, or other equipment for recording bets;

15826

(2) A ticket, token, or other device representing a chance,	15827
share, or interest in a scheme of chance or evidencing a bet;	15828

(3) A deck of cards, dice, gaming table, roulette wheel, slot	15829
machine, or other apparatus designed for use in connection with a	15830
game of chance;	15831

(4) Any equipment, device, apparatus, or paraphernalia	15832
specially designed for gambling purposes;	15833

(5) Bingo supplies sold or otherwise provided, or used, in	15834
violation of this chapter.	15835

(G) "Gambling offense" means any of the following:

15836

(1) A violation of section 2915.02, 2915.03, 2915.04,	15837
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	15838
2915.092, 2915.10, or 2915.11 of the Revised Code;	15839

(2) A violation of an existing or former municipal ordinance	15840
or law of this or any other state or the United States	15841
substantially equivalent to any section listed in division (G)(1)	15842
of this section or a violation of section 2915.06 of the Revised	15843
Code as it existed prior to July 1, 1996;	15844

(3) An offense under an existing or former municipal	15845
ordinance or law of this or any other state or the United States,	15846
of which gambling is an element;	15847

(4) A conspiracy or attempt to commit, or complicity in	15848
committing, any offense under division (G)(1), (2), or (3) of this	15849
section.	15850

(H) Except as otherwise provided in this chapter, "charitable	15851
organization" means any tax exempt religious, educational,	15852
veteran's, fraternal, service, nonprofit medical, volunteer rescue	15853
service, volunteer firefighter's, senior citizen's, youth	15854
athletic, amateur athletic, or youth athletic park organization.	15855
An organization is tax exempt if the organization is, and has	15856
received from the internal revenue service a determination letter	15857
that currently is in effect stating that the organization is,	15858
exempt from federal income taxation under subsection 501(a) and	15859
described in subsection 501(c)(3), 501(c)(4), 501(c)(8),	15860
501(c)(10), or 501(c)(19) of the Internal Revenue Code. To qualify	15861
as a charitable organization, an organization, except a volunteer	15862
rescue service or volunteer fire fighter's organization, shall	15863
have been in continuous existence as such in this state for a	15864
period of two years immediately preceding either the making of an	15865
application for a bingo license under section 2915.08 of the	15866
Revised Code or the conducting of any scheme of chance or game of	15867
chance as provided in division (C) of section 2915.02 of the	15868
Revised Code. A charitable organization that is exempt from	15869
federal income taxation under subsection 501(a) and described in	15870
subsection 501(c)(3) of the Internal Revenue Code and that is	15871
created by a veteran's organization or a fraternal organization	15872
does not have to have been in continuous existence as such in this	15873
state for a period of two years immediately preceding either the	15874
making of an application for a bingo license under section 2915.08	15875
of the Revised Code or the conducting of any scheme of chance or	15876
game of chance as provided in division (D) of section 2915.02 of	15877
the Revised Code.	15878

(I) "Religious organization" means any church, body of	15879
communicants, or group that is not organized or operated for	15880
profit and that gathers in common membership for regular worship	15881
and religious observances.	15882

(J) "Educational organization" means any organization within	15883
this state that is not organized for profit, the ~~exclusive~~primary	15884
purpose of which is to educate and develop the capabilities of	15885
individuals through instruction~~, and that operates or contributes~~	15886
toby means of operating or contributing to the support of a	15887
school, academy, college, or university.	15888

(K) "Veteran's organization" means any individual post or	15889
state headquarters of a national veteran's association or an	15890
auxiliary unit of any individual post of a national veteran's	15891
association, which post, state headquarters, or auxiliary unit has	15892
been in continuous existence in this state for at least two years	15893
and incorporated as a nonprofit corporation ~~for at least two years~~	15894
and either has received a letter from the state headquarters of	15895
the national veteran's association indicating that the individual	15896
post or auxiliary unit is in good standing with the national	15897
veteran's association or has received a letter from the national	15898
veteran's association indicating that the state headquarters is in	15899
good standing with the national veteran's association. As used in	15900
this division, "national veteran's association" means any	15901
veteran's association that has been in continuous existence as	15902
such for a period of at least five years and either is	15903
incorporated by an act of the United States congress or has a	15904
national dues-paying membership of at least five thousand persons.	15905

(L) "Volunteer firefighter's organization" means any	15906
organization of volunteer firefighters, as defined in section	15907
146.01 of the Revised Code, that is organized and operated	15908
exclusively to provide financial support for a volunteer fire	15909
department or a volunteer fire company and that is recognized or	15910
ratified by a county, municipal corporation, or township.	15911

(M) "Fraternal organization" means any society, order, state	15912
headquarters, or association within this state, except a college	15913
or high school fraternity, that is not organized for profit, that	15914
is a branch, lodge, or chapter of a national or state	15915
organization, that exists exclusively for the common business or	15916
sodality of its members, and that has been in continuous existence	15917
in this state for a period of five years.	15918

(N) "Volunteer rescue service organization" means any	15919
organization of volunteers organized to function as an emergency	15920
medical service organization, as defined in section 4765.01 of the	15921
Revised Code.	15922

(O) "Service organization" means any organization, not	15923
organized for profit, that is organized and operated exclusively	15924
to provide, or to contribute to the support of organizations or	15925
institutions organized and operated exclusively to provide,	15926
medical and therapeutic services for persons who are crippled,	15927
born with birth defects, or have any other mental or physical	15928
defect or those organized and operated exclusively to protect, or	15929
to contribute to the support of organizations or institutions	15930
organized and operated exclusively to protect, animals from	15931
inhumane treatment.	15932

(P) "Nonprofit medical organization" means any organization	15933
that has been incorporated as a nonprofit corporation for at least	15934
five years and that has continuously operated and will be operated	15935
exclusively to provide, or to contribute to the support of	15936
organizations or institutions organized and operated exclusively	15937
to provide, hospital, medical, research, or therapeutic services	15938
for the public.	15939

(Q) "Senior citizen's organization" means any private	15940
organization, not organized for profit, that is organized and	15941
operated exclusively to provide recreational or social services	15942
for persons who are fifty-five years of age or older and that is	15943
described and qualified under subsection 501(c)(3) of the Internal	15944
Revenue Code.	15945

(R) "Charitable bingo game" means any bingo game described in	15946
division (S)(1) or (2) of this section that is conducted by a	15947
charitable organization that has obtained a license pursuant to	15948
section 2915.08 of the Revised Code and the proceeds of which are	15949
used for a charitable purpose.	15950

(S) "Bingo" means either of the following:

15951

(1) A game with all of the following characteristics:

15952

(a) The participants use bingo cards or sheets, including	15953
paper formats and electronic representation or image formats, that	15954
are divided into twenty-five spaces arranged in five horizontal	15955
and five vertical rows of spaces, with each space, except the	15956
central space, being designated by a combination of a letter and a	15957
number and with the central space being designated as a free	15958
space.	15959

(b) The participants cover the spaces on the bingo cards or	15960
sheets that correspond to combinations of letters and numbers that	15961
are announced by a bingo game operator.	15962

(c) A bingo game operator announces combinations of letters	15963
and numbers that appear on objects that a bingo game operator	15964
selects by chance, either manually or mechanically, from a	15965
receptacle that contains seventy-five objects at the beginning of	15966
each game, each object marked by a different combination of a	15967
letter and a number that corresponds to one of the seventy-five	15968
possible combinations of a letter and a number that can appear on	15969
the bingo cards or sheets.	15970

(d) The winner of the bingo game includes any participant who	15971
properly announces during the interval between the announcements	15972
of letters and numbers as described in division (S)(1)(c) of this	15973
section, that a predetermined and preannounced pattern of spaces	15974
has been covered on a bingo card or sheet being used by the	15975
participant.	15976

(2) Instant bingo, punch boards, and raffles.

15977

(T) "Conduct" means to back, promote, organize, manage, carry	15978
on, sponsor, or prepare for the operation of bingo or a game of	15979
chance.	15980

(U) "Bingo game operator" means any person, except security	15981
personnel, who performs work or labor at the site of bingo,	15982
including, but not limited to, collecting money from participants,	15983
handing out bingo cards or sheets or objects to cover spaces on	15984
bingo cards or sheets, selecting from a receptacle the objects	15985
that contain the combination of letters and numbers that appear on	15986
bingo cards or sheets, calling out the combinations of letters and	15987
numbers, distributing prizes, selling or redeeming instant bingo	15988
tickets or cards, supervising the operation of a punch board,	15989
selling raffle tickets, selecting raffle tickets from a receptacle	15990
and announcing the winning numbers in a raffle, and preparing,	15991
selling, and serving food or beverages.	15992

(V) "Participant" means any person who plays bingo.

15993

(W) "Bingo session" means a period that includes both of the	15994
following:	15995

(1) Not to exceed five continuous hours for the conduct of	15996
one or more games described in division (S)(1) of this section,	15997
instant bingo, and seal cards;	15998

(2) A period for the conduct of instant bingo and seal cards	15999
for not more than two hours before and not more than two hours	16000
after the period described in division (W)(1) of this section.	16001

(X) "Gross receipts" means all money or assets, including	16002
admission fees, that a person receives from bingo without the	16003
deduction of any amounts for prizes paid out or for the expenses	16004
of conducting bingo. "Gross receipts" does not include any money	16005
directly taken in from the sale of food or beverages by a	16006
charitable organization conducting bingo, or by a bona fide	16007
auxiliary unit or society of a charitable organization conducting	16008
bingo, provided all of the following apply:	16009

(1) The auxiliary unit or society has been in existence as a	16010
bona fide auxiliary unit or society of the charitable organization	16011
for at least two years prior to conducting bingo.	16012

(2) The person who purchases the food or beverage receives	16013
nothing of value except the food or beverage and items customarily	16014
received with the purchase of that food or beverage.	16015

(3) The food and beverages are sold at customary and	16016
reasonable prices.	16017

(Y) "Security personnel" includes any person who either is a	16018
sheriff, deputy sheriff, marshal, deputy marshal, township	16019
constable, or member of an organized police department of a	16020
municipal corporation or has successfully completed a peace	16021
officer's training course pursuant to sections 109.71 to 109.79 of	16022
the Revised Code and who is hired to provide security for the	16023
premises on which bingo is conducted.	16024

(Z) "Charitable purpose" means that the net profit of bingo,	16025
other than instant bingo, is used by, or is given, donated, or	16026
otherwise transferred to, any of the following:	16027

(1) Any organization that is described in subsection	16028
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	16029
and is either a governmental unit or an organization that is tax	16030
exempt under subsection 501(a) and described in subsection	16031
501(c)(3) of the Internal Revenue Code;	16032

(2) A veteran's organization that is a post, chapter, or	16033
organization of veterans, or an auxiliary unit or society of, or a	16034
trust or foundation for, any such post, chapter, or organization	16035
organized in the United States or any of its possessions, at least	16036
seventy-five per cent of the members of which are veterans and	16037
substantially all of the other members of which are individuals	16038
who are spouses, widows, or widowers of veterans, or such	16039
individuals, provided that no part of the net earnings of such	16040
post, chapter, or organization inures to the benefit of any	16041
private shareholder or individual, and further provided that the	16042
net profit is used by the post, chapter, or organization for the	16043
charitable purposes set forth in division (B)(12) of section	16044
5739.02 of the Revised Code, is used for awarding scholarships to	16045
or for attendance at an institution mentioned in division (B)(12)	16046
of section 5739.02 of the Revised Code, is donated to a	16047
governmental agency, or is used for nonprofit youth activities,	16048
the purchase of United States or Ohio flags that are donated to	16049
schools, youth groups, or other bona fide nonprofit organizations,	16050
promotion of patriotism, or disaster relief;	16051

(3) A fraternal organization that has been in continuous	16052
existence in this state for fifteen years and that uses the net	16053
profit exclusively for religious, charitable, scientific,	16054
literary, or educational purposes, or for the prevention of	16055
cruelty to children or animals, if contributions for such use	16056
would qualify as a deductible charitable contribution under	16057
subsection 170 of the Internal Revenue Code;	16058

(4) A volunteer firefighter's organization that uses the net	16059
profit for the purposes set forth in division (L) of this section.	16060

(AA) "Internal Revenue Code" means the "Internal Revenue Code	16061
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	16062
amended.	16063

(BB) "Youth athletic organization" means any organization,	16064
not organized for profit, that is organized and operated	16065
exclusively to provide financial support to, or to operate,	16066
athletic activities for persons who are twenty-one years of age or	16067
younger by means of sponsoring, organizing, operating, or	16068
contributing to the support of an athletic team, club, league, or	16069
association.	16070

(CC) "Youth athletic park organization" means any	16071
organization, not organized for profit, that satisfies both of the	16072
following:	16073

(1) It owns, operates, and maintains playing fields that	16074
satisfy both of the following:	16075

(a) The playing fields are used at least one hundred days per	16076
year for athletic activities by one or more organizations, not	16077
organized for profit, each of which is organized and operated	16078
exclusively to provide financial support to, or to operate,	16079
athletic activities for persons who are eighteen years of age or	16080
younger by means of sponsoring, organizing, operating, or	16081
contributing to the support of an athletic team, club, league, or	16082
association.	16083

(b) The playing fields are not used for any profit-making	16084
activity at any time during the year.	16085

(2) It uses the proceeds of bingo it conducts exclusively for	16086
the operation, maintenance, and improvement of its playing fields	16087
of the type described in division (CC)(1) of this section.	16088

(DD) "Amateur athletic organization" means any organization,	16089
not organized for profit, that is organized and operated	16090
exclusively to provide financial support to, or to operate,	16091
athletic activities for persons who are training for amateur	16092
athletic competition that is sanctioned by a national governing	16093
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	16094
3045, 36 U.S.C.A. 373.	16095

(EE) "Bingo supplies" means bingo cards or sheets; instant	16096
bingo tickets or cards; electronic bingo aids; raffle tickets;	16097
punch boards; seal cards; instant bingo ticket dispensers; and	16098
devices for selecting or displaying the combination of bingo	16099
letters and numbers or raffle tickets. Items that are "bingo	16100
supplies" are not gambling devices if sold or otherwise provided,	16101
and used, in accordance with this chapter. For purposes of this	16102
chapter, "bingo supplies" are not to be considered equipment used	16103
to conduct a bingo game.	16104

(FF) "Instant bingo" means a form of bingo that uses folded	16105
or banded tickets or paper cards with perforated break-open tabs,	16106
a face of which is covered or otherwise hidden from view to	16107
conceal a number, letter, or symbol, or set of numbers, letters,	16108
or symbols, some of which have been designated in advance as prize	16109
winners. "Instant bingo" includes seal cards. "Instant bingo" does	16110
not include any device that is activated by the insertion of a	16111
coin, currency, token, or an equivalent, and that contains as one	16112
of its components a video display monitor that is capable of	16113
displaying numbers, letters, symbols, or characters in winning or	16114
losing combinations.	16115

(GG) "Seal card" means a form of instant bingo that uses	16116
instant bingo tickets in conjunction with a board or placard that	16117
contains one or more seals that, when removed or opened, reveal	16118
predesignated winning numbers, letters, or symbols.	16119

(HH) "Raffle" means a form of bingo in which the one or more	16120
prizes are won by one or more persons who have purchased a raffle	16121
ticket. The one or more winners of the raffle are determined by	16122
drawing a ticket stub or other detachable section from a	16123
receptacle containing ticket stubs or detachable sections	16124
corresponding to all tickets sold for the raffle.	16125

(II) "Punch board" means a board containing a number of holes	16126
or receptacles of uniform size in which are placed, mechanically	16127
and randomly, serially numbered slips of paper that may be punched	16128
or drawn from the hole or receptacle when used in conjunction with	16129
instant bingo. A player may punch or draw the numbered slips of	16130
paper from the holes or receptacles and obtain the prize	16131
established for the game if the number drawn corresponds to a	16132
winning number or, if the punch board includes the use of a seal	16133
card, a potential winning number.	16134

(JJ) "Gross profit" means gross receipts minus the amount	16135
actually expended for the payment of prize awards.	16136

(KK) "Net profit" means gross profit minus expenses.

16137

(LL) "Expenses" means the reasonable amount of gross profit	16138
actually expended for all of the following:	16139

(1) The purchase or lease of bingo supplies;

16140

(2) The annual license fee required under section 2915.08 of	16141
the Revised Code;	16142

(3) Bank fees and service charges for a bingo session or game	16143
account described in section 2915.10 of the Revised Code;	16144

(4) Audits and accounting services;

16145

(5) Safes;

16146

(6) Cash registers;

16147

(7) Hiring security personnel;

16148

(8) Advertising bingo;

16149

(9) Renting premises in which to conduct bingo;

16150

(10) Tables and chairs;

16151

(11) Expenses for maintaining and operating a charitable	16152
organization's facilities, including, but not limited to, a post	16153
home, club house, lounge, tavern, or canteen and any grounds	16154
attached to the post home, club house, lounge, tavern, or canteen;	16155

(12) Any other product or service directly related to the	16156
conduct of bingo that is authorized in rules adopted by the	16157
attorney general under division (B)(1) of section 2915.08 of the	16158
Revised Code.	16159

(MM) "Person" has the same meaning as in section 1.59 of the	16160
Revised Code and includes any firm or any other legal entity,	16161
however organized.	16162

(NN) "Revoke" means to void permanently all rights and	16163
privileges of the holder of a license issued under section	16164
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	16165
gaming license issued by another jurisdiction.	16166

(OO) "Suspend" means to interrupt temporarily all rights and	16167
privileges of the holder of a license issued under section	16168
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	16169
gaming license issued by another jurisdiction.	16170

(PP) "Distributor" means any person who purchases or obtains	16171
bingo supplies and who sells, offers for sale, or otherwise	16172
provides or offers to provide the bingo supplies to another person	16173
for use in this state.	16174

(QQ) "Manufacturer" means any person who assembles completed	16175
bingo supplies from raw materials, other items, or subparts or who	16176
modifies, converts, adds to, or removes parts from bingo supplies	16177
to further their promotion or sale.	16178

(RR) "Gross annual revenues" means the annual gross receipts	16179
derived from the conduct of bingo described in division (S)(1) of	16180
this section plus the annual net profit derived from the conduct	16181
of bingo described in division (S)(2) of this section.	16182

(SS) "Instant bingo ticket dispenser" means a mechanical	16183
device that dispenses an instant bingo ticket or card as the sole	16184
item of value dispensed and that has the following	16185
characteristics:	16186

(1) It is activated upon the insertion of United States	16187
currency.	16188

(2) It performs no gaming functions.

16189

(3) It does not contain a video display monitor or generate	16190
noise.	16191

(4) It is not capable of displaying any numbers, letters,	16192
symbols, or characters in winning or losing combinations.	16193

(5) It does not simulate or display rolling or spinning	16194
reels.	16195

(6) It is incapable of determining whether a dispensed bingo	16196
ticket or card is a winning or nonwinning ticket or card and	16197
requires a winning ticket or card to be paid by a bingo game	16198
operator.	16199

(7) It may provide accounting and security features to aid in	16200
accounting for the instant bingo tickets or cards it dispenses.	16201

(8) It is not part of an electronic network and is not	16202
interactive.	16203

(TT)(1) "Electronic bingo aid" means an electronic device	16204
used by a participant to monitor bingo cards or sheets purchased	16205
at the time and place of a bingo session and that does all of the	16206
following:	16207

(a) It provides a means for a participant to input numbers	16208
and letters announced by a bingo caller.	16209

(b) It compares the numbers and letters entered by the	16210
participant to the bingo faces previously stored in the memory of	16211
the device.	16212

16213

(2) "Electronic bingo aid" does not include any device into	16214
which a coin, currency, token, or an equivalent is inserted to	16215
activate play.	16216

(UU) "Deal of instant bingo tickets" means a single game of	16217
instant bingo tickets all with the same serial number.	16218

(VV) "Slot" machine means either of the following:

16219

(1) Any mechanical, electronic, video, or digital device that	16220
is capable of accepting anything of value, directly or indirectly,	16221
from or on behalf of a player who gives the thing of value in the	16222
hope of gain, the outcome of which is determined largely or wholly	16223
by chance;	16224

(2) Any mechanical, electronic, video, or digital device that	16225
is capable of accepting anything of value, directly or indirectly,	16226
from or on behalf of a player to conduct or dispense bingo or a	16227
scheme or game of chance.	16228

(WW) "Net profit from the proceeds of the sale of instant	16229
bingo" means gross profit minus the ordinary, necessary, and	16230
reasonable expense expended for the purchase of instant bingo	16231
supplies.	16232

(XX) "Charitable instant bingo organization" means an	16233
organization that is exempt from federal income taxation under	16234
subsection 501(a) and described in subsection 501(c)(3) of the	16235
Internal Revenue Code and is a charitable organization as defined	16236
in this section. A "charitable instant bingo organization" does	16237
not include a charitable organization that is exempt from federal	16238
income taxation under subsection 501(a) and described in	16239
subsection 501(c)(3) of the Internal Revenue Code and that is	16240
created by a veteran's organization or a fraternal organization in	16241
regards to bingo conducted or assisted by a veteran's organization	16242
or a fraternal organization pursuant to section 2915.13 of the	16243
Revised Code.	16244

(YY) "Game flare" means the board or placard that accompanies	16245
each deal of instant bingo tickets and that has printed on or	16246
affixed to it the following information for the game:	16247

(1) The name of the game;

16248

(2) The manufacturer's name or distinctive logo;

16249

(3) The form number;

16250

(4) The ticket count;

16251

(5) The prize structure, including the number of winning	16252
instant bingo tickets by denomination and the respective winning	16253
symbol or number combinations for the winning instant bingo	16254
tickets;	16255

(6) The cost per play;

16256

(7) The serial number of the game.

16257

Sec. 2915.02. (A) No person shall do any of the following:

16258

(1) Engage in bookmaking, or knowingly engage in conduct that	16259
facilitates bookmaking;	16260

(2) Establish, promote, or operate or knowingly engage in	16261
conduct that facilitates any game of chance conducted for profit	16262
or, any scheme of chance other than a pool, or any pool conducted	16263
for profit;	16264

(3) Knowingly procure, transmit, exchange, or engage in	16265
conduct that facilitates the procurement, transmission, or	16266
exchange of information for use in establishing odds or	16267
determining winners in connection with bookmaking or with any game	16268
of chance conducted for profit or any scheme of chance;	16269

(4) Engage in betting or in playing any scheme or game of	16270
chance as a substantial source of income or livelihood;	16271

(5) With purpose to violate division (A)(1), (2), (3), or (4)	16272
of this section, acquire, possess, control, or operate any	16273
gambling device.	16274

(B) For purposes of division (A)(1) of this section, a person	16275
facilitates bookmaking if the person in any way knowingly aids an	16276
illegal bookmaking operation, including, without limitation,	16277
placing a bet with a person engaged in or facilitating illegal	16278
bookmaking. For purposes of division (A)(2) of this section, a	16279
person facilitates a game of chance conducted for profit or a	16280
scheme of chance if the person in any way knowingly aids in the	16281
conduct or operation of any such game or scheme, including,	16282
without limitation, playing any such game or scheme.	16283

(C) This section does not prohibit conduct in connection with	16284
gambling expressly permitted by law.	16285

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

16286

(1) Games of chance, if all of the following apply:

16287

(a) The games of chance are not craps for money or roulette	16288
for money.	16289

(b) The games of chance are conducted by a charitable	16290
organization that is, and has received from the internal revenue	16291
service a determination letter that is currently in effect,	16292
stating that the organization is, exempt from federal income	16293
taxation under subsection 501(a) and described in subsection	16294
501(c)(3) of the Internal Revenue Code.	16295

(c) The games of chance are conducted at festivals of the	16296
charitable organization that are conducted either for a period of	16297
four consecutive days or less and not more than twice a year or	16298
for a period of five consecutive days not more than once a year,	16299
and are conducted on premises owned by the charitable organization	16300
for a period of no less than one year immediately preceding the	16301
conducting of the games of chance, on premises leased from a	16302
governmental unit, or on premises that are leased from a veteran's	16303
or fraternal organization and that have been owned by the lessor	16304
veteran's or fraternal organization for a period of no less than	16305
one year immediately preceding the conducting of the games of	16306
chance.	16307

A charitable organization shall not lease premises from a	16308
veteran's or fraternal organization to conduct a festival	16309
described in division (D)(1)(c) of this section if the veteran's	16310
or fraternal organization already has leased the premises four	16311
times during the preceding year to charitable organizations for	16312
that purpose. If a charitable organization leases premises from a	16313
veteran's or fraternal organization to conduct a festival	16314
described in division (D)(1)(c) of this section, the charitable	16315
organization shall not pay a rental rate for the premises per day	16316
of the festival that exceeds the rental rate per bingo session	16317
that a charitable organization may pay under division (B)(1) of	16318
section 2915.09 of the Revised Code when it leases premises from	16319
another charitable organization to conduct bingo games.	16320

(d) All of the money or assets received from the games of	16321
chance after deduction only of prizes paid out during the conduct	16322
of the games of chance are used by, or given, donated, or	16323
otherwise transferred to, any organization that is described in	16324
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	16325
Revenue Code and is either a governmental unit or an organization	16326
that is tax exempt under subsection 501(a) and described in	16327
subsection 501(c)(3) of the Internal Revenue Code;	16328

(e) The games of chance are not conducted during, or within	16329
ten hours of, a bingo game conducted for amusement purposes only	16330
pursuant to section 2915.12 of the Revised Code.	16331

No person shall receive any commission, wage, salary, reward,	16332
tip, donation, gratuity, or other form of compensation, directly	16333
or indirectly, for operating or assisting in the operation of any	16334
game of chance.	16335

(2) Any tag fishing tournament operated under a permit issued	16336
under section 1533.92 of the Revised Code, as "tag fishing	16337
tournament" is defined in section 1531.01 of the Revised Code;	16338

(3) Bingo conducted by a charitable organization that holds a	16339
license issued under section 2915.08 of the Revised Code.	16340

(E) Division (D) of this section shall not be construed to	16341
authorize the sale, lease, or other temporary or permanent	16342
transfer of the right to conduct games of chance, as granted by	16343
that division, by any charitable organization that is granted that	16344
right.	16345

(F) Whoever violates this section is guilty of gambling, a	16346
misdemeanor of the first degree. If the offender previously has	16347
been convicted of any gambling offense, gambling is a felony of	16348
the fifth degree.	16349

Sec. 2915.08. (A)(1) Annually before the first day of	16350
January, a charitable organization that desires to conduct bingo,	16351
instant bingo at a bingo session, or instant bingo other than at a	16352
bingo session shall make out, upon a form to be furnished by the	16353
attorney general for that purpose, an application for a license to	16354
conduct bingo, instant bingo at a bingo session, or instant bingo	16355
other than at a bingo session and deliver that application to the	16356
attorney general together with a license fee as follows:	16357

(a) Except as otherwise provided in this division, for a	16358
license for the conduct of bingo, two hundred dollars;	16359

(b) For a license for the conduct of instant bingo at a bingo	16360
session or instant bingo other than at a bingo session for a	16361
~~charitiable~~charitable organization that previously has not been	16362
licensed under this chapter to conduct instant bingo at a bingo	16363
session or instant bingo other than at a bingo session, a license	16364
fee of five hundred dollars, and for any other charitable	16365
organization, a license fee that is based upon the ~~total of all~~	16366
~~money or assets~~gross profits received by ~~any person or~~ the	16367
charitable organization from the operation of instant bingo at a	16368
bingo session or instant bingo other than at a bingo session,	16369
during the one-year period ending on the thirty-first day of	16370
October of the year immediately preceding the year for which the	16371
license is sought, and that is one of the following:	16372

(i) Five hundred dollars, if the total is fifty thousand	16373
dollars or less;	16374

(ii) One thousand two hundred fifty dollars, if the total is	16375
more than fifty thousand dollars but less than three hundred	16376
thousand one dollars;	16377

(iii) Two thousand two hundred fifty dollars, if the total is	16378
more than three hundred thousand dollars but less than six hundred	16379
thousand one dollars;	16380

(iv) Three thousand five hundred dollars, if the total is	16381
more than six hundred thousand dollars but less than one million	16382
one dollars;	16383

(v) Five thousand dollars, if the total is one million one	16384
dollars or more;	16385

(c) A reduced license fee established by the attorney general	16386
pursuant to division (G) of this section.	16387

(d) For a license to conduct bingo for a charitable	16388
organization that prior to ~~the effective date of this amendment~~	16389
the effective date of this amendment has not been licensed under	16390
this chapter to conduct bingo, instant bingo at a bingo session,	16391
or instant bingo other than at a bingo session, a license fee	16392
established by rule by the attorney general in accordance with	16393
division (H) of this section.	16394

(2) The application shall be in the form prescribed by the	16395
attorney general, shall be signed and sworn to by the applicant,	16396
and shall contain all of the following:	16397

(a) The name and post-office address of the applicant;

16398

(b) A statement that the applicant is a charitable	16399
organization and that it has been in continuous existence as a	16400
charitable organization in this state for two years immediately	16401
preceding the making of the application or for five years in the	16402
case of a fraternal organization or a nonprofit medical	16403
organization;	16404

(c) The location at which the organization will conduct	16405
bingo, which location shall be within the county in which the	16406
principal place of business of the applicant is located, the days	16407
of the week and the times on each of those days when bingo will be	16408
conducted, whether the organization owns, leases, or subleases the	16409
premises, and a copy of the rental agreement if it leases or	16410
subleases the premises;	16411

(d) A statement of the applicant's previous history, record,	16412
and association that is sufficient to establish that the applicant	16413
is a charitable organization, and a copy of a determination letter	16414
that is issued by the Internal Revenue Service and states that the	16415
organization is tax exempt under subsection 501(a) and described	16416
in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	16417
501(c)(19) of the Internal Revenue Code;	16418

(e) A statement as to whether the applicant has ever had any	16419
previous application refused, whether it previously has had a	16420
license revoked or suspended, and the reason stated by the	16421
attorney general for the refusal, revocation, or suspension;	16422

(f) A statement of the charitable purposes for which the net	16423
profit derived from bingo, other than instant bingo, will be used,	16424
and a statement of how the net profit derived from instant bingo	16425
will be distributed in accordance with section 2915.101 of the	16426
Revised Code;	16427

(g) Other necessary and reasonable information that the	16428
attorney general may require by rule adopted pursuant to section	16429
111.15 of the Revised Code;	16430

(h) If the applicant is a charitable trust as defined in	16431
section 109.23 of the Revised Code, a statement as to whether it	16432
has registered with the attorney general pursuant to section	16433
109.26 of the Revised Code or filed annual reports pursuant to	16434
section 109.31 of the Revised Code, and, if it is not required to	16435
do either, the exemption in section 109.26 or 109.31 of the	16436
Revised Code that applies to it;	16437

(i) If the applicant is a charitable organization as defined	16438
in section 1716.01 of the Revised Code, a statement as to whether	16439
it has filed with the attorney general a registration statement	16440
pursuant to section 1716.02 of the Revised Code and a financial	16441
report pursuant to section 1716.04 of the Revised Code, and, if it	16442
is not required to do both, the exemption in section 1716.03 of	16443
the Revised Code that applies to it;	16444

(j) In the case of an applicant seeking to qualify as a youth	16445
athletic park organization, a statement issued by a board or body	16446
vested with authority under Chapter 755. of the Revised Code for	16447
the supervision and maintenance of recreation facilities in the	16448
territory in which the organization is located, certifying that	16449
the playing fields owned by the organization were used for at	16450
least one hundred days during the year in which the statement is	16451
issued, and were open for use to all residents of that territory,	16452
regardless of race, color, creed, religion, sex, or national	16453
origin, for athletic activities by youth athletic organizations	16454
that do not discriminate on the basis of race, color, creed,	16455
religion, sex, or national origin, and that the fields were not	16456
used for any profit-making activity at any time during the year.	16457
That type of board or body is authorized to issue the statement	16458
upon request and shall issue the statement if it finds that the	16459
applicant's playing fields were so used.	16460

(3) The attorney general, within thirty days after receiving	16461
a timely filed application from a charitable organization that has	16462
been issued a license under this section that has not expired and	16463
has not been revoked or suspended, shall send a temporary permit	16464
to the applicant specifying the date on which the application was	16465
filed with the attorney general and stating that, pursuant to	16466
section 119.06 of the Revised Code, the applicant may continue to	16467
conduct bingo until a new license is granted or, if the	16468
application is rejected, until fifteen days after notice of the	16469
rejection is mailed to the applicant. The temporary permit does	16470
not affect the validity of the applicant's application and does	16471
not grant any rights to the applicant except those rights	16472
specifically granted in section 119.06 of the Revised Code. The	16473
issuance of a temporary permit by the attorney general pursuant to	16474
this division does not prohibit the attorney general from	16475
rejecting the applicant's application because of acts that the	16476
applicant committed, or actions that the applicant failed to take,	16477
before or after the issuance of the temporary permit.	16478

(4) Within thirty days after receiving an initial license	16479
application from a charitable organization to conduct bingo,	16480
instant bingo at a bingo session, or instant bingo other than at a	16481
bingo session, the attorney general shall conduct a preliminary	16482
review of the application and notify the applicant regarding any	16483
deficiencies. Once an application is deemed complete, or beginning	16484
on the thirtieth day after the application is filed, if the	16485
attorney general failed to notify the applicant of any	16486
deficiencies, the attorney general shall have an additional sixty	16487
days to conduct an investigation and either grant or deny the	16488
application based on findings established and communicated in	16489
accordance with divisions (B) and (E) of this section. As an	16490
option to granting or denying an initial license application, the	16491
attorney general may grant a temporary license and request	16492
additional time to conduct the investigation if the attorney	16493
general has cause to believe that additional time is necessary to	16494
complete the investigation and has notified the applicant in	16495
writing about the specific concerns raised during the	16496
investigation.	16497

(B)(1) The attorney general shall adopt rules to enforce	16498
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	16499
Code to ensure that bingo or instant bingo is conducted in	16500
accordance with those sections and to maintain proper control over	16501
the conduct of bingo or instant bingo. The rules, except rules	16502
adopted pursuant to divisions (A)(2)(g) and (G) of this section,	16503
shall be adopted pursuant to Chapter 119. of the Revised Code. The	16504
attorney general shall license charitable organizations to conduct	16505
bingo, instant bingo at a bingo session, or instant bingo other	16506
than at a bingo session in conformance with this chapter and with	16507
the licensing provisions of Chapter 119. of the Revised Code.	16508

(2) The attorney general may refuse to grant a license to any	16509
organization, or revoke or suspend the license of any	16510
organization, that does any of the following or to which any of	16511
the following applies:	16512

(a) Fails or has failed at any time to meet any requirement	16513
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	16514
2915.11 of the Revised Code, or violates or has violated any	16515
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	16516
Code or any rule adopted by the attorney general pursuant to this	16517
section;	16518

(b) Makes or has made an incorrect or false statement that is	16519
material to the granting of the license in an application filed	16520
pursuant to division (A) of this section;	16521

(c) Submits or has submitted any incorrect or false	16522
information relating to an application if the information is	16523
material to the granting of the license;	16524

(d) Maintains or has maintained any incorrect or false	16525
information that is material to the granting of the license in the	16526
records required to be kept pursuant to divisions (A) and (C) of	16527
section 2915.10 of the Revised Code, if applicable;	16528

(e) The attorney general has good cause to believe that the	16529
organization will not conduct bingo, instant bingo at a bingo	16530
session, or instant bingo other than at a bingo session in	16531
accordance with sections 2915.07 to 2915.13 of the Revised Code or	16532
with any rule adopted by the attorney general pursuant to this	16533
section.	16534

(3) For the purposes of division (B) of this section, any	16535
action of an officer, trustee, agent, representative, or bingo	16536
game operator of an organization is an action of the organization.	16537

(C) The attorney general may grant licenses to charitable	16538
organizations that are branches, lodges, or chapters of national	16539
charitable organizations.	16540

(D) The attorney general shall send notice in writing to the	16541
prosecuting attorney and sheriff of the county in which the	16542
organization will conduct bingo, instant bingo at a bingo session,	16543
or instant bingo other than at a bingo session, as stated in its	16544
application for a license or amended license, and to any other law	16545
enforcement agency in that county that so requests, of all of the	16546
following:	16547

(1) The issuance of the license;

16548

(2) The issuance of the amended license;

16549

(3) The rejection of an application for and refusal to grant	16550
a license;	16551

(4) The revocation of any license previously issued;

16552

(5) The suspension of any license previously issued.

16553

(E) A license issued by the attorney general shall set forth	16554
the information contained on the application of the charitable	16555
organization that the attorney general determines is relevant,	16556
including, but not limited to, the location at which the	16557
organization will conduct bingo, instant bingo at a bingo session,	16558
or instant bingo other than at a bingo session and the days of the	16559
week and the times on each of those days when bingo will be	16560
conducted. If the attorney general refuses to grant or revokes or	16561
suspends a license, the attorney general shall notify the	16562
applicant in writing and specifically identify the reason for the	16563
refusal, revocation, or suspension in narrative form and, if	16564
applicable, by identifying the section of the Revised Code	16565
violated. The failure of the attorney general to give the written	16566
notice of the reasons for the refusal, revocation, or suspension	16567
or a mistake in the written notice does not affect the validity of	16568
the attorney general's refusal to grant, or the revocation or	16569
suspension of, a license. If the attorney general fails to give	16570
the written notice or if there is a mistake in the written notice,	16571
the applicant may bring an action to compel the attorney general	16572
to comply with this division or to correct the mistake, but the	16573
attorney general's order refusing to grant, or revoking or	16574
suspending, a license shall not be enjoined during the pendency of	16575
the action.	16576

(F) A charitable organization that has been issued a license	16577
pursuant to division (B) of this section but that cannot conduct	16578
bingo or instant bingo at the location, or on the day of the week	16579
or at the time, specified on the license due to circumstances that	16580
make it impractical to do so may apply in writing, together with	16581
an application fee of two hundred fifty dollars, to the attorney	16582
general, at least thirty days prior to a change in location, day	16583
of the week, or time, and request an amended license. The	16584
application shall describe the causes making it impractical for	16585
the organization to conduct bingo or instant bingo in conformity	16586
with its license and shall indicate the location, days of the	16587
week, and times on each of those days when it desires to conduct	16588
bingo or instant bingo. Except as otherwise provided in this	16589
division, the attorney general shall issue the amended license in	16590
accordance with division (E) of this section, and the organization	16591
shall surrender its original license to the attorney general. The	16592
attorney general may refuse to grant an amended license according	16593
to the terms of division (B) of this section.	16594

(G) The attorney general, by rule adopted pursuant to section	16595
111.15 of the Revised Code, shall establish a schedule of reduced	16596
license fees for charitable organizations that desire to conduct	16597
bingo or instant bingo during fewer than twenty-six weeks in any	16598
calendar year.	16599

(H) The attorney general, by rule adopted pursuant to section	16600
111.15 of the Revised Code, shall establish license fees for the	16601
conduct of bingo, instant bingo at a bingo session, or instant	16602
bingo other than at a bingo session for charitable organizations	16603
that prior to ~~the effective date of this amendment~~the effective	16604
date of this amendment have not been licensed to conduct bingo,	16605
instant bingo at a bingo session, or instant bingo other than at a	16606
bingo session under this chapter.	16607

(I) The attorney general may enter into a written contract	16608
with any other state agency to delegate to that state agency the	16609
powers prescribed to the attorney general under Chapter 2915. of	16610
the Revised Code.	16611

(J) The attorney general, by rule adopted pursuant to section	16612
111.15 of the Revised Code, may adopt rules to determine the	16613
requirements for a charitable organization that is exempt from	16614
federal income taxation under subsection 501(a) and described in	16615
subsection 501(c)(3) of the Internal Revenue Code to be in good	16616
standing in the state.	16617

Sec. 2915.09. (A) No charitable organization that conducts	16618
bingo shall fail to do any of the following:	16619

(1) Own all of the equipment used to conduct bingo or lease	16620
that equipment from a charitable organization that is licensed to	16621
conduct bingo for a rental rate that is not more than is customary	16622
and reasonable for that equipment;	16623

(2) Use all of the gross receipts from bingo for paying	16624
prizes, for renting premises in which to conduct bingo, for	16625
purchasing or leasing bingo supplies used in conducting bingo, for	16626
hiring security personnel, for advertising bingo, or for other	16627
expenses listed in division (LL) of section 2915.01 of the Revised	16628
Code, provided that the amount of the receipts so spent is not	16629
more than is customary and reasonable for a similar purchase,	16630
lease, hiring, advertising, or expense. If the building in which	16631
bingo is conducted is owned by the charitable organization	16632
conducting bingo and the bingo conducted includes a form of bingo	16633
described in division (S)(1) of section 2915.01 of the Revised	16634
Code, the charitable organization may deduct from the total amount	16635
of the gross receipts from each session a sum equal to the lesser	16636
of six hundred dollars or forty-five per cent of the gross	16637
receipts from the bingo described in that division as	16638
consideration for the use of the premises.	16639

(3) Use, or give, donate, or otherwise transfer, all of the	16640
net profit derived from bingo, other than instant bingo, for a	16641
charitable purpose listed in its license application and described	16642
in division (Z) of section 2915.01 of the Revised Code, or	16643
distribute all of the net profit derived from instant bingo as	16644
stated in its license application and in accordance with section	16645
2915.101 of the Revised Code.	16646

(B) No charitable organization that conducts a bingo game	16647
described in division (S)(1) of section 2915.01 of the Revised	16648
Code shall fail to do any of the following:	16649

(1) Conduct the bingo game on premises that are owned by the	16650
charitable organization, on premises that are owned by another	16651
charitable organization and leased from that charitable	16652
organization for a rental rate not in excess of the lesser of six	16653
hundred dollars per bingo session or forty-five per cent of the	16654
gross receipts of the bingo session, on premises that are leased	16655
from a person other than a charitable organization for a rental	16656
rate that is not more than is customary and reasonable for	16657
premises that are similar in location, size, and quality but not	16658
in excess of four hundred fifty dollars per bingo session, or on	16659
premises that are owned by a person other than a charitable	16660
organization, that are leased from that person by another	16661
charitable organization, and that are subleased from that other	16662
charitable organization by the charitable organization for a	16663
rental rate not in excess of four hundred fifty dollars per bingo	16664
session. If the charitable organization leases from a person other	16665
than a charitable organization the premises on which it conducts	16666
bingo sessions, the lessor of the premises shall provide only the	16667
premises to the organization and shall not provide the	16668
organization with bingo game operators, security personnel,	16669
concessions or concession operators, bingo supplies, or any other	16670
type of service or equipment. A charitable organization shall not	16671
lease or sublease premises that it owns or leases to more than one	16672
other charitable organization per calendar week for the purpose of	16673
conducting bingo sessions on the premises. A person that is not a	16674
charitable organization shall not lease premises that it owns,	16675
leases, or otherwise is empowered to lease to more than one	16676
charitable organization per calendar week for conducting bingo	16677
sessions on the premises. In no case shall more than two bingo	16678
sessions be conducted on any premises in any calendar week.	16679

(2) Display its license conspicuously at the premises where	16680
the bingo session is conducted;	16681

(3) Conduct the bingo session in accordance with the	16682
definition of bingo set forth in division (S)(1) of section	16683
2915.01 of the Revised Code.	16684

(C) No charitable organization that conducts a bingo game	16685
described in division (S)(1) of section 2915.01 of the Revised	16686
Code shall do any of the following:	16687

(1) Pay any compensation to a bingo game operator for	16688
operating a bingo session that is conducted by the charitable	16689
organization or for preparing, selling, or serving food or	16690
beverages at the site of the bingo session, permit any auxiliary	16691
unit or society of the charitable organization to pay compensation	16692
to any bingo game operator who prepares, sells, or serves food or	16693
beverages at a bingo session conducted by the charitable	16694
organization, or permit any auxiliary unit or society of the	16695
charitable organization to prepare, sell, or serve food or	16696
beverages at a bingo session conducted by the charitable	16697
organization, if the auxiliary unit or society pays any	16698
compensation to the bingo game operators who prepare, sell, or	16699
serve the food or beverages;	16700

(2) Pay consulting fees to any person for any services	16701
performed in relation to the bingo session;	16702

(3) Pay concession fees to any person who provides	16703
refreshments to the participants in the bingo session;	16704

(4) Except as otherwise provided in division (C)(4) of this	16705
section, conduct more than two bingo sessions in any seven-day	16706
period. A volunteer firefighter's organization or a volunteer	16707
rescue service organization that conducts not more than five bingo	16708
sessions in a calendar year may conduct more than two bingo	16709
sessions in a seven-day period after notifying the attorney	16710
general when it will conduct the sessions.	16711

(5) Pay out more than three thousand five hundred dollars in	16712
prizes during any bingo session that is conducted by the	16713
charitable organization;	16714

(6) Conduct a bingo session at any time during the ten-hour	16715
period between midnight and ten a.m., at any time during, or	16716
within ten hours of, a bingo game conducted for amusement only	16717
pursuant to section 2915.12 of the Revised Code, at any premises	16718
not specified on its license, or on any day of the week or during	16719
any time period not specified on its license. If circumstances	16720
make it impractical for the charitable organization to conduct a	16721
bingo session at the premises, or on the day of the week or at the	16722
time, specified on its license or if a charitable organization	16723
wants to conduct bingo sessions on a day of the week or at a time	16724
other than the day or time specified on its license, the	16725
charitable organization may apply in writing to the attorney	16726
general for an amended license pursuant to division (F) of section	16727
2915.08 of the Revised Code. A charitable organization may apply	16728
twice in each calendar year for an amended license to conduct	16729
bingo sessions on a day of the week or at a time other than the	16730
day or time specified on its license. If the amended license is	16731
granted, the organization may conduct bingo sessions at the	16732
premises, on the day of the week, and at the time specified on its	16733
amended license.	16734

(7) Permit any person whom the charitable organization knows,	16735
or should have known, is under the age of eighteen to work as a	16736
bingo game operator;	16737

(8) Permit any person whom the charitable organization knows,	16738
or should have known, has been convicted of a felony or gambling	16739
offense in any jurisdiction to be a bingo game operator;	16740

(9) Permit the lessor of the premises on which the bingo	16741
session is conducted, if the lessor is not a charitable	16742
organization, to provide the charitable organization with bingo	16743
game operators, security personnel, concessions, bingo supplies,	16744
or any other type of service or equipment;	16745

(10) Purchase or lease bingo supplies from any person except	16746
a distributor issued a license under section 2915.081 of the	16747
Revised Code;	16748

(11)(a) Use or permit the use of electronic bingo aids except	16749
under the following circumstances:	16750

(i) For any single participant, not more than ninety bingo	16751
faces can be played using an electronic bingo aid or aids.	16752

(ii) The charitable organization shall provide a participant	16753
using an electronic bingo aid with corresponding paper bingo cards	16754
or sheets.	16755

(iii) The total price of bingo faces played with an	16756
electronic bingo aid shall be equal to the total price of the same	16757
number of bingo faces played with a paper bingo card or sheet sold	16758
at the same bingo session but without an electronic bingo aid.	16759

(iv) An electronic bingo aid cannot be part of an electronic	16760
network other than a network that includes only bingo aids and	16761
devices that are located on the premises at which the bingo is	16762
being conducted or be interactive with any device not located on	16763
the premises at which the bingo is being conducted.	16764

(v) An electronic bingo aid cannot be used to participate in	16765
bingo that is conducted at a location other than the location at	16766
which the bingo session is conducted and at which the electronic	16767
bingo aid is used.	16768

(vi) An electronic bingo aid cannot be used to provide for	16769
the input of numbers and letters announced by a bingo caller other	16770
than the bingo caller who physically calls the numbers and letters	16771
at the location at which the bingo session is conducted and at	16772
which the electronic bingo aid is used.	16773

(b) The attorney general may adopt rules in accordance with	16774
Chapter 119. of the Revised Code that govern the use of electronic	16775
bingo aids. The rules may include a requirement that an electronic	16776
bingo aid be capable of being audited by the attorney general to	16777
verify the number of bingo cards or sheets played during each	16778
bingo session.	16779

(12) Permit any person the charitable organization knows, or	16780
should have known, to be under eighteen years of age to play bingo	16781
described in division (S)(1) of section 2915.01 of the Revised	16782
Code.	16783

(D)(1) Except as otherwise provided in ~~this~~ division (D)(3)	16784
of this section, no charitable organization shall provide to a	16785
bingo game operator, and no bingo game operator shall receive or	16786
accept, any commission, wage, salary, reward, tip, donation,	16787
gratuity, or other form of compensation, directly or indirectly,	16788
regardless of the source, for conducting bingo or providing other	16789
work or labor at the site of bingo during a bingo session. ~~This~~	16790

(2) Except as otherwise provided in division (D)(3) of this	16791
section, no charitable organization shall provide to a bingo game	16792
operator any commission, wage, salary, reward, tip, donation,	16793
gratuity, or other form of compensation, directly or indirectly,	16794
regardless of the source, for conducting instant bingo other than	16795
at a bingo session at the site of instant bingo other than at a	16796
bingo session.	16797

(3) Nothing in division ~~does not prohibit~~(D) of this section	16798
prohibits an employee of a fraternal organization or veteran's	16799
organization from selling instant bingo tickets or cards to the	16800
organization's members or invited guests, as long as no portion of	16801
the employee's compensation is paid from any receipts of bingo.	16802

(E) Notwithstanding division (B)(1) of this section, a	16803
charitable organization that, prior to December 6, 1977, has	16804
entered into written agreements for the lease of premises it owns	16805
to another charitable organization or other charitable	16806
organizations for the conducting of bingo sessions so that more	16807
than two bingo sessions are conducted per calendar week on the	16808
premises, and a person that is not a charitable organization and	16809
that, prior to December 6, 1977, has entered into written	16810
agreements for the lease of premises it owns to charitable	16811
organizations for the conducting of more than two bingo sessions	16812
per calendar week on the premises, may continue to lease the	16813
premises to those charitable organizations, provided that no more	16814
than four sessions are conducted per calendar week, that the	16815
lessor organization or person has notified the attorney general in	16816
writing of the organizations that will conduct the sessions and	16817
the days of the week and the times of the day on which the	16818
sessions will be conducted, that the initial lease entered into	16819
with each organization that will conduct the sessions was filed	16820
with the attorney general prior to December 6, 1977, and that each	16821
organization that will conduct the sessions was issued a license	16822
to conduct bingo games by the attorney general prior to December	16823
6, 1977.	16824

(F) Whoever violates division (A)(2) of this section is	16825
guilty of illegally conducting a bingo game, a felony of the	16826
fourth degree. Except as otherwise provided in this division,	16827
whoever violates division (A)(1) or (3), (B)(1), (2), or (3),	16828
(C)(1) to (12), or (D) of this section is guilty of a minor	16829
misdemeanor. If the offender previously has been convicted of a	16830
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1)	16831
to (11), or, (D) of this section, a violation of division (A)(1)	16832
or (3), (B)(1), (2), or (3), (C), or (D) of this section is a	16833
misdemeanor of the first degree. Whoever violates division (C)(12)	16834
of this section is guilty of a misdemeanor of the first degree, if	16835
the offender previously has been convicted of a violation of	16836
division (C)(12) of this section, a felony of the fourth degree.	16837

Sec. 2915.091. (A) No charitable organization that conducts	16838
instant bingo shall do any of the following:	16839

(1) Fail to comply with the requirements of divisions (A)(1),	16840
(2), and (3) of section 2915.09 of the Revised Code;	16841

(2) Conduct instant bingo unless either of the following	16842
apply:	16843

(a) That organization is, and has received from the internal	16844
revenue service a determination letter that is currently in effect	16845
stating that the organization is, exempt from federal income	16846
taxation under subsection 501(a), is described in subsection	16847
501(c)(3) of the Internal Revenue Code, is a charitable	16848
organization as defined in section 2915.01 of the Revised Code, is	16849
in good standing in the state pursuant to section 2915.08 of the	16850
Revised Code, and is in compliance with Chapter 1716. of the	16851
Revised Code;	16852

(b) That organization is, and has received from the internal	16853
revenue service a determination letter that is currently in effect	16854
stating that the organization is, exempt from federal income	16855
taxation under subsection 501(a), is described in subsection	16856
501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's	16857
organization described in subsection 501(c)(4) of the Internal	16858
Revenue Code, and conducts instant bingo under section 2915.13 of	16859
the Revised Code.	16860

(3) Conduct instant bingo on any day, at any time, or at any	16861
premises not specified on the organization's license issued	16862
pursuant to section 2915.08 of the Revised Code;	16863

(4) Permit any person whom the organization knows or should	16864
have known has been convicted of a felony or gambling offense in	16865
any jurisdiction to be a bingo game operator in the conduct of	16866
instant bingo;	16867

(5) Purchase or lease supplies used to conduct instant bingo	16868
or punch board games from any person except a distributor licensed	16869
under section 2915.081 of the Revised Code;	16870

(6) Sell or provide any instant bingo ticket or card for a	16871
price different from the price printed on it by the manufacturer	16872
on either the instant bingo ticket or card or on the game flare;	16873

(7) Sell an instant bingo ticket or card to a person under	16874
eighteen years of age;	16875

(8) Fail to keep unsold instant bingo tickets or cards for	16876
less than three years;	16877

(9) Pay any compensation to a bingo game operator for	16878
conducting instant bingo that is conducted by the organization or	16879
for preparing, selling, or serving food or beverages at the site	16880
of the instant bingo game, permit any auxiliary unit or society of	16881
the organization to pay compensation to any bingo game operator	16882
who prepares, sells, or serves food or beverages at an instant	16883
bingo game conducted by the organization, or permit any auxiliary	16884
unit or society of the organization to prepare, sell, or serve	16885
food or beverages at an instant bingo game conducted by the	16886
organization, if the auxiliary unit or society pays any	16887
compensation to the bingo game operators who prepare, sell, or	16888
serve the food or beverages;	16889

(10) Pay fees to any person for any services performed in	16890
relation to an instant bingo game;	16891

(11) Pay fees to any person who provides refreshments to the	16892
participants in an instant bingo game;	16893

(12) Allow instant bingo tickets or cards to be sold to bingo	16894
game operators ~~who are performing work or labor~~ at a premises at	16895
which the organization sells instant bingo tickets or cards or to	16896
be sold to employees of a D permit holder who are working at a	16897
premises at which instant bingo tickets or cards are sold on	16898
~~behalf of the organization as described in division (B) of section~~	16899
~~4301.03 of the Revised Code~~;	16900

(13) Fail to display its bingo license, and the serial	16901
numbers of the deal of instant bingo tickets or cards to be sold,	16902
conspicuously at each premises at which it sells instant bingo	16903
tickets or cards;	16904

(14) Possess a deal of instant bingo tickets or cards that	16905
was not purchased from a distributor licensed under section	16906
2915.081 of the Revised Code as reflected on an invoice issued by	16907
the distributor that contains all of the information required by	16908
division (E) of section 2915.10 of the Revised Code;	16909

(15) Fail, once it opens a deal of instant bingo tickets or	16910
cards, to continue to sell the tickets or cards in that deal until	16911
the tickets or cards with the top two highest tiers of prizes in	16912
that deal are sold;	16913

(16) Purchase, lease, or use instant bingo ticket dispensers	16914
to sell instant bingo tickets or cards;	16915

(17) Possess bingo supplies that were not obtained in	16916
accordance with sections 2915.01 to 2915.13 of the Revised Code.	16917

(B) A charitable organization may conduct instant bingo other	16918
than at a bingo session at not more than five separate locations.	16919
A charitable organization that is exempt from federal taxation	16920
under subsection 501(a) and described in subsection 501(c)(3) of	16921
the Internal Revenue Code and that is created by a veteran's	16922
organization or a fraternal organization is not limited in the	16923
number of separate locations the charitable organization may	16924
conduct instant bingo other than at a bingo session.	16925

(C) The attorney general may adopt rules in accordance with	16926
Chapter 119. of the Revised Code that govern the conduct of	16927
instant bingo by charitable organizations. Before those rules are	16928
adopted, the attorney general shall reference the recommended	16929
standards for opacity, randomization, minimum information, winner	16930
protection, color, and cutting for instant bingo tickets or cards,	16931
seal cards, and punch boards established by the North American	16932
gaming regulators association.	16933

(D) Whoever violates division (A) of this section or a rule	16934
adopted under division (B) of this section is guilty of illegal	16935
instant bingo conduct. Except as otherwise provided in this	16936
division, illegal instant bingo conduct is a misdemeanor of the	16937
first degree. If the offender previously has been convicted of a	16938
violation of division (A) of this section or of such a rule,	16939
illegal instant bingo conduct is a felony of the fifth degree.	16940

Sec. 2915.092. (A) A charitable organization may conduct a	16941
raffle to raise money for the charitable organization and does not	16942
need a license to conduct bingo in order to conduct a raffle	16943
drawing.	16944

(B)(1) No charitable organization shall conduct a raffle	16945
unless ~~the~~either of the following applies:	16946

(a) The organization is, and has received from the internal	16947
revenue service a determination letter that is currently in effect	16948
stating that the organization is, exempt from federal income	16949
taxation under subsection 501(a) and is described in subsection	16950
501(c)(3) or 501(c)(4) of the Internal Revenue Code.	16951

(b) The organization is a veteran's organization or a	16952
fraternal organization that is exempt from federal income taxation	16953
under subsection 501(a) and is described in subsection 501(c)(8),	16954
501(c)(10), or 501(c)(19) of the Internal Revenue Code.	16955

(2) NoExcept as otherwise provided in division (E) of this	16956
section, no charitable organization shall conduct more than	16957
thirty-six raffles during a calendar year.	16958

(3) No person shall be compensated directly or indirectly for	16959
assisting in the conduct or operation of a raffle.	16960

(C) No raffle drawing shall be conducted on premises other	16961
than premises that a charitable organization uses for its	16962
charitable programs.	16963

(D) No person shall fail to use, or give, donate, or	16964
otherwise transfer, the net profit from a raffle for a charitable	16965
purpose described in division (Z) of section 2915.01 of the	16966
Revised Code.	16967

(E) A charitable organization that is licensed to conduct	16968
bingo, instant bingo at a bingo session, or instant bingo other	16969
than at a bingo session may conduct a raffle that is not for	16970
profit, provided that the organization does not receive any	16971
proceeds from the raffle and provided that the organization	16972
conducts the raffle at the same location and on the same days of	16973
the week and times as is provided in the organization's license to	16974
conduct bingo, instant bingo at a bingo session, or instant bingo	16975
other than at a bingo session.	16976

(F) Whoever violates division (B), (C), or (D), or (E) of	16977
this section is guilty of illegal conduct of a raffle. Except as	16978
otherwise provided in this division, illegal conduct of a raffle	16979
is a misdemeanor of the first degree. If the offender previously	16980
has been convicted of a violation of division (B), (C), or (D), or	16981
(E) of this section, illegal conduct of a raffle is a felony of	16982
the fifth degree.	16983

Sec. 2915.093. (A) As used in this section, "retail income	16984
from all commercial activity" includes the sale of instant bingo	16985
tickets.	16986

(B) A charitable instant bingo organization may conduct	16987
instant bingo other than at a bingo session at not more than five	16988
separate locations.	16989

(C)(1) If a charitable instant bingo organization conducts	16990
instant bingo other than at a bingo session, the charitable	16991
instant bingo organization shall enter into a written contract	16992
with the owner or lessor of the location at which the instant	16993
bingo is conducted to allow the owner or lessor to assist in the	16994
conduct of instant bingo other than at a bingo session, identify	16995
each location where the instant bingo other than at a bingo	16996
session is being conducted, and identify the owner or lessor of	16997
each location.	16998

(2) A charitable instant bingo organization that conducts	16999
instant bingo other than at a bingo session is not required to	17000
enter into a written contract with the owner or lessor of the	17001
location at which the instant bingo is conducted provided that the	17002
owner or lessor is not assisting in the conduct of the instant	17003
bingo other than at a bingo session and provided that the conduct	17004
of the instant bingo other than at a bingo session at that	17005
location is not more than five days per calendar year and not more	17006
than ten hours per day.	17007

(D) NoExcept as provided in division (G) of this section, no	17008
charitable instant bingo organization shall conduct instant bingo	17009
other than at a bingo session at a location where the primary	17010
source of retail income from all commercial activity at that	17011
location is the sale of instant bingo tickets.	17012

(E) The owner or lessor of a location that enters into a	17013
contract pursuant to division (C) of this section shall pay up	17014
front for the cost of the deal of instant bingo tickets and the	17015
gross profits that would be earned by the owner or lessor if all	17016
of the instant bingo tickets are sold. The owner or lessor may	17017
retain the money that the owner or lessor receives for selling the	17018
instant bingo tickets up to the amount that it paid to the	17019
charitable instant bingo organization. If the owner or lessor of	17020
the location earns any more money than the owner or lessor paid	17021
out in prizes or paid up front, the owner or lessor of the	17022
location shall pay that money to the charitable instant bingo	17023
organization.	17024

(F) A charitable instant bingo organization shall provide the	17025
attorney general with all of the following information:	17026

(1) That the charitable instant bingo organization has	17027
terminated a contract entered into pursuant to division (C) of	17028
this section with an owner or lessor of a location;	17029

(2) That the charitable instant bingo organization has	17030
entered into a written contract pursuant to division (C) of this	17031
section with a new owner or lessor of a location;	17032

(3) That the charitable instant bingo organization is aware	17033
of conduct by the owner or lessor of a location at which instant	17034
bingo is conducted that is in violation of Chapter 2915. of the	17035
Revised Code.	17036

(G) Division (D) of this section does not apply to a	17037
volunteer firefighter's organization that is exempt from federal	17038
income taxation under subsection 501(a) and described in	17039
subsection 501(c)(3) of the Internal Revenue Code, that conducts	17040
instant bingo other than at a bingo session on the premises where	17041
the organization conducts firefighter training, and that has	17042
conducted instant bingo at any time for at least five years prior	17043
to the effective date of this amendment.	17044

Sec. 2915.10. (A) No charitable organization that conducts	17045
bingo or a game of chance pursuant to division (D) of section	17046
2915.02 of the Revised Code shall fail to maintain the following	17047
records for at least three years from the date on which the bingo	17048
or game of chance is conducted:	17049

(1) An itemized list of the gross receipts of each bingo	17050
session, ~~each game of instant bingo by serial number,~~ each raffle,	17051
each punch board game, and each game of chance, and an itemized	17052
list of the gross profits of each game of instant bingo by serial	17053
number;	17054

(2) An itemized list of all expenses, other than prizes, that	17055
are incurred in conducting bingo ~~or instant bingo~~as described in	17056
division (S)(1) of section 2915.01 of the Revised Code, the name	17057
of each person to whom the expenses are paid, and a receipt for	17058
all of the expenses;	17059

(3) A list of all prizes awarded during each bingo session,	17060
each raffle, each punch board game, and each game of chance	17061
conducted by the charitable organization, the total prizes awarded	17062
from each game of instant bingo by serial number, and the name,	17063
address, and social security number of all persons who are winners	17064
of prizes of six hundred dollars or more in value;	17065

(4) An itemized list of the recipients of the net profit of	17066
the bingo or game of chance, including the name and address of	17067
each recipient to whom the money is distributed, and if the	17068
organization uses the net profit of bingo, or the money or assets	17069
received from a game of chance, for any charitable or other	17070
purpose set forth in division (Z) of section 2915.01, division (D)	17071
of section 2915.02, or section 2915.101 of the Revised Code, a	17072
list of each purpose and an itemized list of each expenditure for	17073
each purpose;	17074

(5) The number of persons who participate in any bingo	17075
session or game of chance that is conducted by the charitable	17076
organization;	17077

(6) A list of receipts from the sale of food and beverages by	17078
the charitable organization or one of its auxiliary units or	17079
societies, if the receipts were excluded from gross receipts under	17080
division (X) of section 2915.01 of the Revised Code;	17081

(7) An itemized list of all expenses incurred at each bingo	17082
session, each raffle, each punch board game, or each game of	17083
instant bingo conducted by the charitable organization in the sale	17084
of food and beverages by the charitable organization or by an	17085
auxiliary unit or society of the charitable organization, the name	17086
of each person to whom the expenses are paid, and a receipt for	17087
all of the expenses.	17088

(B) A charitable organization shall keep the records that it	17089
is required to maintain pursuant to division (A) of this section	17090
at its principal place of business in this state or at its	17091
headquarters in this state and shall notify the attorney general	17092
of the location at which those records are kept.	17093

(C) The gross profit from each bingo session or game	17094
described in division (S)(1) or (2) of section 2915.01 of the	17095
Revised Code shall be deposited into a checking account devoted	17096
exclusively to the bingo session or game. Payments for allowable	17097
expenses incurred in conducting the bingo session or game and	17098
payments to recipients of some or all of the net profit of the	17099
bingo session or game shall be made only by checks drawn on the	17100
bingo session or game account.	17101

(D) Each charitable organization shall conduct and record an	17102
inventory of all of its bingo supplies as of the first day of	17103
November of each year.	17104

(E) The attorney general may adopt rules in accordance with	17105
Chapter 119. of the Revised Code that establish standards of	17106
accounting, record keeping, and reporting to ensure that gross	17107
receipts from bingo or games of chance are properly accounted for.	17108

(F) A distributor shall maintain, for a period of three years	17109
after the date of its sale or other provision, a record of each	17110
instance of its selling or otherwise providing to another person	17111
bingo supplies for use in this state. The record shall include all	17112
of the following for each instance:	17113

(1) The name of the manufacturer from which the distributor	17114
purchased the bingo supplies and the date of the purchase;	17115

(2) The name and address of the charitable organization or	17116
other distributor to which the bingo supplies were sold or	17117
otherwise provided;	17118

(3) A description that clearly identifies the bingo supplies;

17119

(4) Invoices that include the nonrepeating serial numbers of	17120
all paper bingo cards and sheets and all instant bingo deals sold	17121
or otherwise provided to each charitable organization.	17122

(G) A manufacturer shall maintain, for a period of three	17123
years after the date of its sale or other provision, a record of	17124
each instance of its selling or otherwise providing bingo supplies	17125
for use in this state. The record shall include all of the	17126
following for each instance:	17127

(1) The name and address of the distributor to whom the bingo	17128
supplies were sold or otherwise provided;	17129

(2) A description that clearly identifies the bingo supplies,	17130
including serial numbers;	17131

(3) Invoices that include the nonrepeating serial numbers of	17132
all paper bingo cards and sheets and all instant bingo deals sold	17133
or otherwise provided to each distributor.	17134

(H) The attorney general or any law enforcement agency may do	17135
all of the following:	17136

(1) Investigate any charitable organization or any officer,	17137
agent, trustee, member, or employee of the organization;	17138

(2) Examine the accounts and records of the organization;

17139

(3) Conduct inspections, audits, and observations of bingo or	17140
games of chance;	17141

(4) Conduct inspections of the premises where bingo or games	17142
of chance are conducted;	17143

(5) Take any other necessary and reasonable action to	17144
determine if a violation of any provision of sections 2915.01 to	17145
2915.13 of the Revised Code has occurred and to determine whether	17146
section 2915.11 of the Revised Code has been complied with.	17147

If any law enforcement agency has reasonable grounds to	17148
believe that a charitable organization or an officer, agent,	17149
trustee, member, or employee of the organization has violated any	17150
provision of this chapter, the law enforcement agency may proceed	17151
by action in the proper court to enforce this chapter, provided	17152
that the law enforcement agency shall give written notice to the	17153
attorney general when commencing an action as described in this	17154
division.	17155

(I) No person shall destroy, alter, conceal, withhold, or	17156
deny access to any accounts or records of a charitable	17157
organization that have been requested for examination, or	17158
obstruct, impede, or interfere with any inspection, audit, or	17159
observation of bingo or a game of chance or premises where bingo	17160
or a game of chance is conducted, or refuse to comply with any	17161
reasonable request of, or obstruct, impede, or interfere with any	17162
other reasonable action undertaken by, the attorney general or a	17163
law enforcement agency pursuant to division (H) of this section.	17164

(J) Whoever violates division (A) or (I) of this section is	17165
guilty of a misdemeanor of the first degree.	17166

Sec. 2915.101. Except as otherwise provided by law, a	17167
charitable organization that conducts instant bingo shall	17168
distribute the net profit from the proceeds of the sale of instant	17169
bingo as follows:	17170

(A)(1) If a veteran's organization or a fraternal	17171
organization conducted the instant bingo, the organization shall	17172
distribute the net profit, as follows:	17173

(a) A minimum of fifty per cent shall be distributed to an	17174
organization described in division (Z)(1) of section 2915.01 of	17175
the Revised Code or to a department or agency of the federal	17176
government, the state, or any political subdivision;	17177

(b) Fifteen per cent may be distributed for the	17178
organization's own charitable purposes.	17179

(c) Thirty-five per cent may be deducted and retained by the	17180
organization for the organization's expenses in conducting the	17181
instant bingo game.	17182

(2) If a veteran's organization or a fraternal organization	17183
does not distribute the full percentages specified in divisions	17184
(A)(1)(b) and (c) of this section for the purposes specified in	17185
those divisions, the organization shall distribute the balance of	17186
the net profit not distributed or retained for those purposes to	17187
an organization described in division (Z)(1) of section 2915.01 of	17188
the Revised Code.	17189

(3) A veteran's organization or a fraternal organization is	17190
not required to itemize the organization's expenses. A veteran's	17191
organization or a fraternal organization shall pay the expenses	17192
that are directly for the conduct of instant bingo by check from	17193
the checking account devoted exclusively to the bingo session or	17194
game and may deduct and retain the remainder of the thirty-five	17195
per cent of the net profit that is for the organization's expenses	17196
in conducting the instant bingo game and may transfer that	17197
remainder into the organization's general account.	17198

(B)(1) If a charitable organization other than a veteran's	17199
organization or a fraternal organization conducted the instant	17200
bingo, the organization shall distribute one hundred per cent of	17201
the net profit ~~as follows:~~	17202

~~(a) A minimum of seventy per cent shall be distributed~~ to an	17203
organization described in division (Z)(1) of section 2915.01 of	17204
the Revised Code or to a department or agency of the federal	17205
government, the state, or any political subdivision.	17206

~~(b) Thirty per cent may be deducted and retained by the~~	17207
~~organization for the organization's expenses in conducting the~~	17208
~~instant bingo game.~~	17209

(2) ~~If a charitable organization does not retain the full~~	17210
~~percentage specified in division (B)(1)(b) of this section for the~~	17211
~~purposes specified in that division, the organization shall~~	17212
~~distribute the balance of the net profit not retained for that~~	17213
~~purpose to an organization described in division (Z)(1) of section~~	17214
~~2915.01 of the Revised Code.~~	17215

~~(3)~~ A charitable organization other than a veteran's	17216
organization or fraternal organization is not required to itemize	17217
the charitable organization's expenses.	17218

Sec. 2915.13. (A) A veteran's organization or a fraternal	17219
organization authorized to conduct a bingo session pursuant to	17220
sections 2915.01 to 2915.12 of the Revised Code may conduct	17221
instant bingo other than at a bingo session if all of the	17222
following apply:	17223

(1) The veteran's organization or fraternal organization	17224
limits the sale of instant bingo to ten consecutive hours per day	17225
for up to six days per week.	17226

(2) The veteran's organization or fraternal organization	17227
limits the sale of instant bingo to its own premises and to its	17228
own members and invited guests.	17229

(3) The veteran's organization or fraternal organization is	17230
raising money for ~~a charitable~~an organization that is described	17231
in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	17232
Revenue Code and is either a governmental unit or a state	17233
organization that is exempt from federal income taxation under	17234
subsection 501(a) and described in subsection 501(c)(3) of the	17235
Internal Revenue Code that is in good standing in this state and	17236
executes a written contract with ~~the charitable~~that organization	17237
as required in division (B) of this section.	17238

(B) If a veteran's organization or fraternal organization	17239
authorized to conduct instant bingo pursuant to division (A) of	17240
this section is raising money for another ~~charitable~~ organization	17241
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3)	17242
of the Internal Revenue Code and is either a governmental unit or	17243
a state organization that is exempt from federal income taxation	17244
under subsection 501(a) and described in subsection 501(c)(3) of	17245
the Internal Revenue Code that is in good standing in this state,	17246
the veteran's organization or fraternal organization shall execute	17247
a written contract with ~~a charitable~~the organization that is	17248
described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the	17249
Internal Revenue Code and is either a governmental unit or a state	17250
organization that is exempt from federal income taxation under	17251
subsection 501(a) and described in subsection 501(c)(3) of the	17252
Internal Revenue Code that is in good standing in this state in	17253
order to conduct instant bingo. That contract shall include a	17254
statement of the percentage of the net proceeds that the veteran's	17255
or fraternal organization will be distributing to the ~~charitable~~	17256
organization that is described in subsection 509(a)(1), 509(a)(2),	17257
or 509(a)(3) of the Internal Revenue Code and is either a	17258
governmental unit or a state organization that is exempt from	17259
federal income taxation under subsection 501(a) and described in	17260
subsection 501(c)(3) of the Internal Revenue Code that is in good	17261
standing in this state.	17262

(C)(1) If a veteran's organization or fraternal organization	17263
authorized to conduct instant bingo pursuant to division (A) of	17264
this section has been issued a liquor permit under Chapter 4303.	17265
of the Revised Code, that permit may be subject to suspension,	17266
revocation, or cancellation if the veteran's organization or	17267
fraternal organization violates a provision of sections 2915.01 to	17268
2915.13 of the Revised Code.	17269

(2) No veteran's organization or fraternal organization that	17270
enters into a written contract pursuant to division (B) of this	17271
section shall violate any provision of Chapter 2915. of the	17272
Revised Code, or permit, aid, or abet any other person in	17273
violating any provision of Chapter 2915. of the Revised Code.	17274

(D) A veteran's organization or fraternal organization shall	17275
give all required proceeds earned from the conduct of instant	17276
bingo to the ~~charitable~~ organization with which the veteran's	17277
organization or fraternal organization has entered into a written	17278
contract.	17279

(E) Whoever violates this section is guilty of illegal	17280
instant bingo conduct. Except as otherwise provided in this	17281
division, illegal instant bingo conduct is a misdemeanor of the	17282
first degree. If the offender previously has been convicted of a	17283
violation of this section, illegal instant bingo conduct is a	17284
felony of the fifth degree.	17285

Sec. 2917.41. (A) No person shall evade the payment of the	17286
known fares of a public transportation system.	17287

(B) No person shall alter any transfer, pass, ticket, or	17288
token of a public transportation system with the purpose of	17289
evading the payment of fares or of defrauding the system.	17290

(C) No person shall do any of the following while in any	17291
facility or on any vehicle of a public transportation system:	17292

(1) Play sound equipment without the proper use of a private	17293
earphone;	17294

(2) Smoke, eat, or drink in any area where the activity is	17295
clearly marked as being prohibited;	17296

(3) Expectorate upon a person, facility, or vehicle.

17297

(D) No person shall write, deface, draw, or otherwise mark on	17298
any facility or vehicle of a public transportation system.	17299

(E) No person shall fail to comply with a lawful order of a	17300
public transportation system police officer, and no person shall	17301
resist, obstruct, or abuse a public transportation police officer	17302
in the performance of the officer's duties.	17303

(F) Whoever violates this section is guilty of misconduct	17304
involving a public transportation system.	17305

(1) Violation of division (A), (B), or (E) of this section is	17306
a misdemeanor of the fourth degree.	17307

(2) Violation of division ~~(B) of this section is a~~	17308
~~misdemeanor of the fourth degree.~~	17309

~~(3) Violation of division~~ (C) ~~or (E)~~ of this section is a	17310
minor misdemeanor on a first offense. If a person previously has	17311
been convicted of or pleaded guilty to a violation of any division	17312
of this section or of a municipal ordinance that is substantially	17313
similar to any division of this section, violation of division (C)	17314
of this section is a misdemeanor of the fourth degree.	17315

~~(4)~~(3) Violation of division (D) of this section is a	17316
misdemeanor of the third degree.	17317

(G) Notwithstanding any other provision of law, seventy-five	17318
per cent of each fine paid to satisfy a sentence imposed for a	17319
violation of this section shall be deposited into the treasury of	17320
the county in which the violation occurred and twenty-five per	17321
cent shall be deposited with the county transit board, regional	17322
transit authority, or regional transit commission that operates	17323
the public transportation system involved in the violation, unless	17324
the board of county commissioners operates the public	17325
transportation system, in which case one hundred per cent of each	17326
fine shall be deposited into the treasury of the county.	17327

(H) As used in this section, "public transportation system"	17328
means a county transit system operated in accordance with sections	17329
306.01 to 306.13 of the Revised Code, a regional transit authority	17330
operated in accordance with sections 306.30 to 306.71 of the	17331
Revised Code, or a regional transit commission operated in	17332
accordance with sections 306.80 to 306.90 of the Revised Code.	17333

Sec. 2921.13. (A) No person shall knowingly make a false	17334
statement, or knowingly swear or affirm the truth of a false	17335
statement previously made, when any of the following applies:	17336

(1) The statement is made in any official proceeding.

17337

(2) The statement is made with purpose to incriminate	17338
another.	17339

(3) The statement is made with purpose to mislead a public	17340
official in performing the public official's official function.	17341

(4) The statement is made with purpose to secure the payment	17342
of unemployment compensation; Ohio works first; prevention,	17343
retention, and contingency benefits and services; disability	17344
financial assistance; retirement benefits; economic development	17345
assistance, as defined in section 9.66 of the Revised Code; or	17346
other benefits administered by a governmental agency or paid out	17347
of a public treasury.	17348

(5) The statement is made with purpose to secure the issuance	17349
by a governmental agency of a license, permit, authorization,	17350
certificate, registration, release, or provider agreement.	17351

(6) The statement is sworn or affirmed before a notary public	17352
or another person empowered to administer oaths.	17353

(7) The statement is in writing on or in connection with a	17354
report or return that is required or authorized by law.	17355

(8) The statement is in writing and is made with purpose to	17356
induce another to extend credit to or employ the offender, to	17357
confer any degree, diploma, certificate of attainment, award of	17358
excellence, or honor on the offender, or to extend to or bestow	17359
upon the offender any other valuable benefit or distinction, when	17360
the person to whom the statement is directed relies upon it to	17361
that person's detriment.	17362

(9) The statement is made with purpose to commit or	17363
facilitate the commission of a theft offense.	17364

(10) The statement is knowingly made to a probate court in	17365
connection with any action, proceeding, or other matter within its	17366
jurisdiction, either orally or in a written document, including,	17367
but not limited to, an application, petition, complaint, or other	17368
pleading, or an inventory, account, or report.	17369

(11) The statement is made on an account, form, record,	17370
stamp, label, or other writing that is required by law.	17371

(12) The statement is made in connection with the purchase of	17372
a firearm, as defined in section 2923.11 of the Revised Code, and	17373
in conjunction with the furnishing to the seller of the firearm of	17374
a fictitious or altered driver's or commercial driver's license or	17375
permit, a fictitious or altered identification card, or any other	17376
document that contains false information about the purchaser's	17377
identity.	17378

(13) The statement is made in a document or instrument of	17379
writing that purports to be a judgment, lien, or claim of	17380
indebtedness and is filed or recorded with the secretary of state,	17381
a county recorder, or the clerk of a court of record.	17382

(B) No person, in connection with the purchase of a firearm,	17383
as defined in section 2923.11 of the Revised Code, shall knowingly	17384
furnish to the seller of the firearm a fictitious or altered	17385
driver's or commercial driver's license or permit, a fictitious or	17386
altered identification card, or any other document that contains	17387
false information about the purchaser's identity.	17388

(C) It is no defense to a charge under division (A)(4) of	17389
this section that the oath or affirmation was administered or	17390
taken in an irregular manner.	17391

(D) If contradictory statements relating to the same fact are	17392
made by the offender within the period of the statute of	17393
limitations for falsification, it is not necessary for the	17394
prosecution to prove which statement was false but only that one	17395
or the other was false.	17396

(E)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	17397
(6), (7), (8), (10), (11), or (13) of this section is guilty of	17398
falsification, a misdemeanor of the first degree.	17399

(2) Whoever violates division (A)(9) of this section is	17400
guilty of falsification in a theft offense. Except as otherwise	17401
provided in this division, falsification in a theft offense is a	17402
misdemeanor of the first degree. If the value of the property or	17403
services stolen is five hundred dollars or more and is less than	17404
five thousand dollars, falsification in a theft offense is a	17405
felony of the fifth degree. If the value of the property or	17406
services stolen is five thousand dollars or more and is less than	17407
one hundred thousand dollars, falsification in a theft offense is	17408
a felony of the fourth degree. If the value of the property or	17409
services stolen is one hundred thousand dollars or more,	17410
falsification in a theft offense is a felony of the third degree.	17411

(3) Whoever violates division (A)(12) or (B) of this section	17412
is guilty of falsification to purchase a firearm, a felony of the	17413
fifth degree.	17414

(F) A person who violates this section is liable in a civil	17415
action to any person harmed by the violation for injury, death, or	17416
loss to person or property incurred as a result of the commission	17417
of the offense and for reasonable attorney's fees, court costs,	17418
and other expenses incurred as a result of prosecuting the civil	17419
action commenced under this division. A civil action under this	17420
division is not the exclusive remedy of a person who incurs	17421
injury, death, or loss to person or property as a result of a	17422
violation of this section.	17423

Sec. 2923.35. (A)(1) With respect to property ordered	17424
forfeited under section 2923.32 of the Revised Code, with respect	17425
to any fine or civil penalty imposed in any criminal or civil	17426
proceeding under section 2923.32 or 2923.34 of the Revised Code,	17427
and with respect to any fine imposed for a violation of section	17428
2923.01 of the Revised Code for conspiracy to violate section	17429
2923.32 of the Revised Code, the court, upon petition of the	17430
prosecuting attorney, may do any of the following:	17431

(a) Authorize the prosecuting attorney to settle claims;

17432

(b) Award compensation to persons who provide information	17433
that results in a forfeiture, fine, or civil penalty under section	17434
2923.32 or 2923.34 of the Revised Code;	17435

(c) Grant petitions for mitigation or remission of	17436
forfeiture, fines, or civil penalties, or restore forfeited	17437
property, imposed fines, or imposed civil penalties to persons	17438
injured by the violation;	17439

(d) Take any other action to protect the rights of innocent	17440
persons that is in the interest of justice and that is consistent	17441
with the purposes of sections 2923.31 to 2923.36 of the Revised	17442
Code.	17443

(2) The court shall maintain an accurate record of the	17444
actions it takes under division (A)(1) of this section with	17445
respect to the property ordered forfeited or the fine or civil	17446
penalty. The record is a public record open for inspection under	17447
section 149.43 of the Revised Code.	17448

(B)(1) After the application of division (A) of this section,	17449
any person who prevails in a civil action pursuant to section	17450
2923.34 of the Revised Code has a right to any property, or the	17451
proceeds of any property, criminally forfeited to the state	17452
pursuant to section 2923.32 of the Revised Code or against which	17453
any fine under that section or civil penalty under division (I) of	17454
section 2923.34 of the Revised Code may be imposed.	17455

The right of any person who prevails in a civil action	17456
pursuant to section 2923.34 of the Revised Code, other than a	17457
prosecuting attorney performing official duties under that	17458
section, to forfeited property, property against which fines and	17459
civil penalties may be imposed, and the proceeds of that property	17460
is superior to any right of the state, a municipal corporation, or	17461
a county to the property or the proceeds of the property, if the	17462
civil action is brought within one hundred eighty days after the	17463
entry of a sentence of forfeiture or a fine pursuant to section	17464
2923.32 of the Revised Code or the entry of a civil penalty	17465
pursuant to division (I) of section 2923.34 of the Revised Code.	17466

The right is limited to the total value of the treble	17467
damages, civil penalties, attorney's fees, and costs awarded to	17468
the prevailing party in an action pursuant to section 2923.34 of	17469
the Revised Code, less any restitution received by the person.	17470

(2) If the aggregate amount of claims of persons who have	17471
prevailed in a civil action pursuant to section 2923.34 of the	17472
Revised Code against any one defendant is greater than the total	17473
value of the treble fines, civil penalties, and forfeited property	17474
paid by the person against whom the actions were brought, all of	17475
the persons who brought their actions within one hundred eighty	17476
days after the entry of a sentence or disposition of forfeiture or	17477
a fine pursuant to section 2923.32 of the Revised Code or the	17478
entry of a civil penalty pursuant to division (I) of section	17479
2923.34 of the Revised Code, first shall receive a pro rata share	17480
of the total amount of the fines, civil penalties, and forfeited	17481
property. After the persons who brought their actions within the	17482
specified one-hundred-eighty-day period have satisfied their	17483
claims out of the fines, civil penalties, and forfeited property,	17484
all other persons who prevailed in civil actions pursuant to	17485
section 2923.34 of the Revised Code shall receive a pro rata share	17486
of the total amount of the fines, civil penalties, and forfeited	17487
property that remains in the custody of the law enforcement agency	17488
or in the corrupt activity investigation and prosecution fund.	17489

(C)(1) Subject to divisions (A) and (B) of this section and	17490
notwithstanding any contrary provision of section 2933.41 of the	17491
Revised Code, the prosecuting attorney shall order the disposal of	17492
property ordered forfeited in any proceeding under sections	17493
2923.32 and 2923.34 of the Revised Code as soon as feasible,	17494
making due provisions for the rights of innocent persons, by any	17495
of the following methods:	17496

(a) Transfer to any person who prevails in a civil action	17497
pursuant to section 2923.34 of the Revised Code, subject to the	17498
limit set forth in division (B)(1) of this section;	17499

(b) Public sale;

17500

17501

(d) Sale or transfer to an innocent person;

17502

(e) If the property is contraband and is not needed for	17503
evidence in any pending criminal or civil proceeding, pursuant to	17504
section 2933.41 or any other applicable section of the Revised	17505
Code.	17506

(2) Any interest in personal or real property not disposed of	17507
pursuant to this division and not exercisable by, or transferable	17508
for value to, the state shall expire and shall not revert to the	17509
person found guilty of or adjudicated a delinquent child for a	17510
violation of section 2923.32 of the Revised Code. No person found	17511
guilty of or adjudicated a delinquent child for a violation of	17512
that section and no person acting in concert with a person found	17513
guilty of or adjudicated a delinquent child for a violation of	17514
that section is eligible to purchase forfeited property from the	17515
state.	17516

(3) Upon application of a person, other than the defendant,	17517
the adjudicated delinquent child, or a person acting in concert	17518
with or on behalf of either the defendant or the adjudicated	17519
delinquent child, the court may restrain or stay the disposal of	17520
the property pursuant to this division pending the conclusion of	17521
any appeal of the criminal case or delinquency case giving rise to	17522
the forfeiture or pending the determination of the validity of a	17523
claim to or interest in the property pursuant to division (E) of	17524
section 2923.32 of the Revised Code, if the applicant demonstrates	17525
that proceeding with the disposal of the property will result in	17526
irreparable injury, harm, or loss to the applicant.	17527

(4) The prosecuting attorney shall maintain an accurate	17528
record of each item of property disposed of pursuant to this	17529
division, which record shall include the date on which each item	17530
came into the prosecuting attorney's custody, the manner and date	17531
of disposition, and, if applicable, the name of the person who	17532
received the item. The record shall not identify or enable the	17533
identification of the individual officer who seized the property,	17534
and the record is a public record open for inspection under	17535
section 149.43 of the Revised Code.	17536

Each prosecuting attorney who disposes in any calendar year	17537
of any item of property pursuant to this division shall prepare a	17538
report covering the calendar year that cumulates all of the	17539
information contained in all of the records kept by the	17540
prosecuting attorney pursuant to this division for that calendar	17541
year and shall send the cumulative report, no later than the first	17542
day of March in the calendar year following the calendar year	17543
covered by the report, to the attorney general. Each report	17544
received by the attorney general is a public record open for	17545
inspection under section 149.43 of the Revised Code. Not later	17546
than the fifteenth day of April in the calendar year following the	17547
calendar year covered by the reports, the attorney general shall	17548
send to the president of the senate and the speaker of the house	17549
of representatives a written notification that does all of the	17550
following:	17551

(a) Indicates that the attorney general has received from	17552
prosecuting attorneys reports of the type described in this	17553
division that cover the previous calendar year and indicates that	17554
the reports were received under this division;	17555

(b) Indicates that the reports are open for inspection under	17556
section 149.43 of the Revised Code;	17557

(c) Indicates that the attorney general will provide a copy	17558
of any or all of the reports to the president of the senate or the	17559
speaker of the house of representatives upon request.	17560

(D)(1)(a) Ten per cent of the proceeds of all property	17561
ordered forfeited by a juvenile court pursuant to section 2923.32	17562
of the Revised Code shall be applied to one or more alcohol and	17563
drug addiction treatment programs that are certified by the	17564
department of alcohol and drug addiction services under section	17565
3793.06 of the Revised Code and that are specified in the order of	17566
forfeiture. A juvenile court shall not specify an alcohol or drug	17567
addiction treatment program in the order of forfeiture unless the	17568
program is a certified alcohol and drug addiction treatment	17569
program and, except as provided in division (D)(1)(a) of this	17570
section, unless the program is located in the county in which the	17571
court that orders the forfeiture is located or in a contiguous	17572
county. If no certified alcohol and drug addiction treatment	17573
program is located in any of those counties, the juvenile court	17574
may specify in the order a certified alcohol and drug addiction	17575
treatment program located anywhere within this state. The	17576
remaining ninety per cent of the proceeds shall be disposed of as	17577
provided in divisions (D)(1)(b) and (D)(2) of this section.	17578

All of the proceeds of all property ordered forfeited by a	17579
court other than a juvenile court pursuant to section 2923.32 of	17580
the Revised Code shall be disposed of as provided in divisions	17581
(D)(1)(b) and (D)(2) of this section.	17582

(b) The remaining proceeds of all property ordered forfeited	17583
pursuant to section 2923.32 of the Revised Code, after compliance	17584
with division (D)(1)(a) of this section when that division is	17585
applicable, and all fines and civil penalties imposed pursuant to	17586
sections 2923.32 and 2923.34 of the Revised Code shall be	17587
deposited into the state treasury and credited to the corrupt	17588
activity investigation and prosecution fund, which is hereby	17589
created.	17590

(2) The proceeds, fines, and penalties credited to the	17591
corrupt activity investigation and prosecution fund pursuant to	17592
division (D)(1) of this section shall be disposed of in the	17593
following order:	17594

(a) To a civil plaintiff in an action brought within the	17595
one-hundred-eighty-day time period specified in division (B)(1) of	17596
this section, subject to the limit set forth in that division;	17597

(b) To the payment of the fees and costs of the forfeiture	17598
and sale, including expenses of seizure, maintenance, and custody	17599
of the property pending its disposition, advertising, and court	17600
costs;	17601

(c) Except as otherwise provided in division (D)(2)(c) of	17602
this section, the remainder shall be paid to the law enforcement	17603
trust fund of the prosecuting attorney that is established	17604
pursuant to division (D)(1)(c) of section 2933.43 of the Revised	17605
Code and to the law enforcement trust fund of the county sheriff	17606
that is established pursuant to that division if the county	17607
sheriff substantially conducted the investigation, to the law	17608
enforcement trust fund of a municipal corporation that is	17609
established pursuant to that division if its police department	17610
substantially conducted the investigation, to the law enforcement	17611
trust fund of a township that is established pursuant to that	17612
division if the investigation was substantially conducted by a	17613
township police department, township police district police force,	17614
or office of a township constable, or to the law enforcement trust	17615
fund of a park district created pursuant to section 511.18 or	17616
1545.01 of the Revised Code that is established pursuant to that	17617
division if the investigation was substantially conducted by its	17618
park district police force or law enforcement department. The	17619
prosecuting attorney may decline to accept any of the remaining	17620
proceeds, fines, and penalties, and, if the prosecuting attorney	17621
so declines, they shall be applied to the fund described in	17622
division (D)(2)(c) of this section that relates to the appropriate	17623
law enforcement agency that substantially conducted the	17624
investigation.	17625

If the state highway patrol substantially conducted the	17626
investigation, the director of budget and management shall	17627
transfer the remaining proceeds, fines, and penalties to the state	17628
highway patrol for deposit into the state highway patrol	17629
contraband, forfeiture, and other fund that is created by division	17630
(D)(1)(c) of section 2933.43 of the Revised Code. If the	17631
department of taxation substantially conducted the investigation,	17632
the director shall transfer the remaining proceeds, fines, and	17633
penalties to the department for deposit into the department of	17634
taxation enforcement fund. If the state board of pharmacy	17635
substantially conducted the investigation, the director shall	17636
transfer the remaining proceeds, fines, and penalties to the board	17637
for deposit into the board of pharmacy drug law enforcement fund	17638
that is created by division (B)(1) of section 4729.65 of the	17639
Revised Code. If a state law enforcement agency, other than the	17640
state highway patrol, the department of taxation, or the state	17641
board of pharmacy, substantially conducted the investigation, the	17642
director shall transfer the remaining proceeds, fines, and	17643
penalties to the treasurer of state for deposit into the peace	17644
officer training commission fund that is created by division	17645
(D)(1)(c) of section 2933.43 of the Revised Code.	17646

The remaining proceeds, fines, and penalties that are paid to	17647
a law enforcement trust fund or that are deposited into the state	17648
highway patrol contraband, forfeiture, and other fund, the	17649
department of taxation enforcement fund, the board of pharmacy	17650
drug law enforcement fund, or the peace officer training	17651
commission fund pursuant to division (D)(2)(c) of this section	17652
shall be allocated, used, and expended only in accordance with	17653
division (D)(1)(c) of section 2933.43 of the Revised Code, only in	17654
accordance with a written internal control policy adopted under	17655
division (D)(3) of that section, and, if applicable, only in	17656
accordance with division (B) of section 4729.65 of the Revised	17657
Code. The annual reports that pertain to the funds and that are	17658
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of	17659
the Revised Code also shall address the remaining proceeds, fines,	17660
and penalties that are paid or deposited into the funds pursuant	17661
to division (D)(2)(c) of this section.	17662

(3) If more than one law enforcement agency substantially	17663
conducted the investigation, the court ordering the forfeiture	17664
shall equitably divide the remaining proceeds, fines, and	17665
penalties among the law enforcement agencies that substantially	17666
conducted the investigation, in the manner described in division	17667
(D)(2) of section 2933.43 of the Revised Code for the equitable	17668
division of contraband proceeds and forfeited moneys. The	17669
equitable shares of the proceeds, fines, and penalties so	17670
determined by the court shall be paid or deposited into the	17671
appropriate funds specified in division (D)(2)(c) of this section.	17672

(E) As used in this section, "law enforcement agency"	17673
includes, but is not limited to, the state board of pharmacy and	17674
the department of taxation.	17675

Sec. 2925.44. (A) If property is seized pursuant to section	17676
2925.42 or 2925.43 of the Revised Code, it is deemed to be in the	17677
custody of the head of the law enforcement agency that seized it,	17678
and the head of that agency may do any of the following with	17679
respect to that property prior to its disposition in accordance	17680
with division (A)(4) or (B) of this section:	17681

(1) Place the property under seal;

17682

(2) Remove the property to a place that the head of that	17683
agency designates;	17684

(3) Request the issuance of a court order that requires any	17685
other appropriate municipal corporation, county, township, park	17686
district created pursuant to section 511.18 or 1545.01 of the	17687
Revised Code, or state law enforcement officer or other officer to	17688
take custody of the property and, if practicable, remove it to an	17689
appropriate location for eventual disposition in accordance with	17690
division (B) of this section;	17691

(4)(a) Seek forfeiture of the property pursuant to federal	17692
law. If the head of that agency seeks its forfeiture pursuant to	17693
federal law, the law enforcement agency shall deposit, use, and	17694
account for proceeds from a sale of the property upon its	17695
forfeiture, proceeds from another disposition of the property upon	17696
its forfeiture, or forfeited moneys it receives, in accordance	17697
with the applicable federal law and otherwise shall comply with	17698
that law.	17699

(b) If the state highway patrol seized the property and if	17700
the superintendent of the state highway patrol seeks its	17701
forfeiture pursuant to federal law, the appropriate governmental	17702
officials shall deposit into the state highway patrol contraband,	17703
forfeiture, and other fund all interest or other earnings derived	17704
from the investment of the proceeds from a sale of the property	17705
upon its forfeiture, the proceeds from another disposition of the	17706
property upon its forfeiture, or the forfeited moneys. The state	17707
highway patrol shall use and account for that interest or other	17708
earnings in accordance with the applicable federal law.	17709

(c) If the investigative unit of the department of public	17710
safety seized the property and if the director of public safety	17711
seeks its forfeiture pursuant to federal law, the appropriate	17712
governmental officials shall deposit into the department of public	17713
safety investigative unit contraband, forfeiture, and other fund	17714
all interest or other earnings derived from the investment of the	17715
proceeds from a sale of the property upon its forfeiture, the	17716
proceeds from another disposition of the property upon its	17717
forfeiture, or the forfeited moneys. The department shall use and	17718
account for that interest or other earnings in accordance with the	17719
applicable federal law.	17720

(d) If the enforcement division of the department of taxation	17721
seized the property and if the tax commissioner seeks its	17722
forfeiture pursuant to federal law, the appropriate governmental	17723
officials shall deposit into the department of taxation	17724
enforcement fund all interest or other earnings derived from the	17725
investment of the proceeds from a sale of the property upon its	17726
forfeiture, the proceeds from another disposition of the property	17727
upon its forfeiture, or the forfeited moneys. The department shall	17728
use and account for that interest or other earnings in accordance	17729
with the applicable federal law.	17730

(e) Division (B) of this section and divisions (D)(1) to (3)	17731
of section 2933.43 of the Revised Code do not apply to proceeds or	17732
forfeited moneys received pursuant to federal law or to the	17733
interest or other earnings that are derived from the investment of	17734
proceeds or forfeited moneys received pursuant to federal law and	17735
that are described in division (A)(4)(b) or (d) of this section.	17736

(B) In addition to complying with any requirements imposed by	17737
a court pursuant to section 2925.42 or 2925.43 of the Revised	17738
Code, and the requirements imposed by those sections, in relation	17739
to the disposition of property forfeited to the state under either	17740
of those sections, the prosecuting attorney who is responsible for	17741
its disposition shall dispose of the property as follows:	17742

(1) Any vehicle, as defined in section 4501.01 of the Revised	17743
Code, that was used in a felony drug abuse offense or in an act	17744
that, if committed by an adult, would be a felony drug abuse	17745
offense shall be given to the law enforcement agency of the	17746
municipal corporation or county in which the offense occurred if	17747
that agency desires to have the vehicle, except that, if the	17748
offense occurred in a township or in a park district created	17749
pursuant to section 511.18 or 1545.01 of the Revised Code and a	17750
law enforcement officer employed by the township or the park	17751
district was involved in the seizure of the vehicle, the vehicle	17752
may be given to the law enforcement agency of that township or	17753
park district if that agency desires to have the vehicle, and	17754
except that, if the state highway patrol made the seizure of the	17755
vehicle, the vehicle may be given to the state highway patrol if	17756
it desires to have the vehicle.	17757

(2) Any drug paraphernalia that was used, possessed, sold, or	17758
manufactured in a violation of section 2925.14 of the Revised Code	17759
that would be a felony drug abuse offense or in a violation of	17760
that section committed by a juvenile that, if committed by an	17761
adult, would be a felony drug abuse offense, may be given to the	17762
law enforcement agency of the municipal corporation or county in	17763
which the offense occurred if that agency desires to have and can	17764
use the drug paraphernalia, except that, if the offense occurred	17765
in a township or in a park district created pursuant to section	17766
511.18 or 1545.01 of the Revised Code and a law enforcement	17767
officer employed by the township or the park district was involved	17768
in the seizure of the drug paraphernalia, the drug paraphernalia	17769
may be given to the law enforcement agency of that township or	17770
park district if that agency desires to have and can use the drug	17771
paraphernalia. If the drug paraphernalia is not so given, it shall	17772
be disposed of by sale pursuant to division (B)(8) of this section	17773
or disposed of in another manner that the court that issued the	17774
order of forfeiture considers proper under the circumstances.	17775

(3) Drugs shall be disposed of pursuant to section 3719.11 of	17776
the Revised Code or placed in the custody of the secretary of the	17777
treasury of the United States for disposal or use for medical or	17778
scientific purposes under applicable federal law.	17779

(4) Firearms and dangerous ordnance suitable for police work	17780
may be given to a law enforcement agency for that purpose.	17781
Firearms suitable for sporting use, or as museum pieces or	17782
collectors' items, may be disposed of by sale pursuant to division	17783
(B)(8) of this section. Other firearms and dangerous ordnance	17784
shall be destroyed by a law enforcement agency or shall be sent to	17785
the bureau of criminal identification and investigation for	17786
destruction by it. As used in this division, "firearms" and	17787
"dangerous ordnance" have the same meanings as in section 2923.11	17788
of the Revised Code.	17789

(5) Computers, computer networks, computer systems, and	17790
computer software suitable for police work may be given to a law	17791
enforcement agency for that purpose. Other computers, computer	17792
networks, computer systems, and computer software shall be	17793
disposed of by sale pursuant to division (B)(8) of this section or	17794
disposed of in another manner that the court that issued the order	17795
of forfeiture considers proper under the circumstances. As used in	17796
this division, "computers," "computer networks," "computer	17797
systems," and "computer software" have the same meanings as in	17798
section 2913.01 of the Revised Code.	17799

(6) Obscene materials shall be destroyed.

17800

(7) Beer, intoxicating liquor, and alcohol shall be disposed	17801
of in accordance with division (D)(4) of section 2933.41 of the	17802
Revised Code.	17803

(8) In the case of property not described in divisions (B)(1)	17804
to (7) of this section and of property described in those	17805
divisions but not disposed of pursuant to them, the property shall	17806
be sold in accordance with division (B)(8) of this section or, in	17807
the case of forfeited moneys, disposed of in accordance with	17808
division (B)(8) of this section. If the property is to be sold,	17809
the prosecuting attorney shall cause a notice of the proposed sale	17810
of the property to be given in accordance with law, and the	17811
property shall be sold, without appraisal, at a public auction to	17812
the highest bidder for cash. The proceeds of a sale and forfeited	17813
moneys shall be applied in the following order:	17814

(a) First, to the payment of the costs incurred in connection	17815
with the seizure of, storage of, maintenance of, and provision of	17816
security for the property, the forfeiture proceeding or civil	17817
action, and, if any, the sale;	17818

(b) Second, the remaining proceeds or forfeited moneys after	17819
compliance with division (B)(8)(a) of this section, to the payment	17820
of the value of any legal right, title, or interest in the	17821
property that is possessed by a person who, pursuant to division	17822
(F) of section 2925.42 of the Revised Code or division (E) of	17823
section 2925.43 of the Revised Code, established the validity of	17824
and consequently preserved that legal right, title, or interest,	17825
including, but not limited to, any mortgage, perfected or other	17826
security interest, or other lien in the property. The value of	17827
these rights, titles, or interests shall be paid according to	17828
their record or other order of priority.	17829

(c) Third, the remaining proceeds or forfeited moneys after	17830
compliance with divisions (B)(8)(a) and (b) of this section, as	17831
follows:	17832

(i) If the forfeiture was ordered in a juvenile court, ten	17833
per cent to one or more alcohol and drug addiction treatment	17834
programs that are certified by the department of alcohol and drug	17835
addiction services under section 3793.06 of the Revised Code and	17836
that are specified in the order of forfeiture. A juvenile court	17837
shall not specify an alcohol or drug addiction treatment program	17838
in the order of forfeiture unless the program is a certified	17839
alcohol and drug addiction treatment program and, except as	17840
provided in division (B)(8)(c)(i) of this section, unless the	17841
program is located in the county in which the court that orders	17842
the forfeiture is located or in a contiguous county. If no	17843
certified alcohol and drug addiction treatment program is located	17844
in any of those counties, the juvenile court may specify in the	17845
order a certified alcohol and drug addiction treatment program	17846
located anywhere within this state.	17847

(ii) If the forfeiture was ordered in a juvenile court,	17848
ninety per cent, and if the forfeiture was ordered in a court	17849
other than a juvenile court, one hundred per cent to appropriate	17850
funds in accordance with divisions (D)(1)(c) and (2) of section	17851
2933.43 of the Revised Code. The remaining proceeds or forfeited	17852
moneys so deposited shall be used only for the purposes authorized	17853
by those divisions and division (D)(3)(a)(ii) of that section.	17854

(C)(1) Sections 2925.41 to 2925.45 of the Revised Code do not	17855
preclude a financial institution that possessed a valid mortgage,	17856
security interest, or lien that is not satisfied prior to a sale	17857
under division (B)(8) of this section or following a sale by	17858
application of division (B)(8)(b) of this section, from commencing	17859
a civil action in any appropriate court in this or another state	17860
to obtain a deficiency judgment against the debtor if the	17861
financial institution otherwise would have been entitled to do so	17862
in this or another state.	17863

(2) Any law enforcement agency that obtains any vehicle	17864
pursuant to division (B)(1) of this section shall take the vehicle	17865
subject to the outstanding amount of any security interest or lien	17866
that attaches to the vehicle.	17867

(3) Nothing in this section impairs a mortgage, security	17868
interest, lien, or other interest of a financial institution in	17869
property that was the subject of a forfeiture order under section	17870
2925.42 or 2925.43 of the Revised Code and that was sold or	17871
otherwise disposed of in a manner that does not conform to the	17872
requirements of division (B) of this section, or any right of a	17873
financial institution of that nature to commence a civil action in	17874
any appropriate court in this or another state to obtain a	17875
deficiency judgment against the debtor.	17876

(4) Following the sale under division (B)(8) of this section	17877
of any property that is required to be titled or registered under	17878
the law of this state, the prosecuting attorney responsible for	17879
the disposition of the property shall cause the state to issue an	17880
appropriate certificate of title or registration to the purchaser	17881
of the property. Additionally, if, in a disposition of property	17882
pursuant to division (B) of this section, the state or a political	17883
subdivision is given any property that is required to be titled or	17884
registered under the law of this state, the prosecuting attorney	17885
responsible for the disposition of the property shall cause the	17886
state to issue an appropriate certificate of title or registration	17887
to itself or to the political subdivision.	17888

(D) Property that has been forfeited to the state pursuant to	17889
an order of criminal forfeiture under section 2925.42 of the	17890
Revised Code or an order of civil forfeiture under section 2925.43	17891
of the Revised Code shall not be available for use to pay any fine	17892
imposed upon a person who is convicted of or pleads guilty to a	17893
felony drug abuse offense or upon any juvenile who is found by a	17894
juvenile court to be a delinquent child for an act that, if	17895
committed by an adult, would be a felony drug abuse offense.	17896

(E) Sections 2925.41 to 2925.45 of the Revised Code do not	17897
prohibit a law enforcement officer from seeking the forfeiture of	17898
contraband associated with a felony drug abuse offense pursuant to	17899
section 2933.43 of the Revised Code.	17900

Sec. 2929.38. (A) A board of commissioners of a county, in an	17901
agreement with the sheriff, a legislative authority of a municipal	17902
corporation, a corrections commission, a judicial corrections	17903
board, or any other public or private entity that operates a local	17904
detention facility described in division (A) of section 2929.37 of	17905
the Revised Code, may establish a policy that requires any	17906
prisoner who is confined in the facility as a result of pleading	17907
guilty to or having been convicted of an offense to pay a one-time	17908
reception fee for the costs of processing the prisoner into the	17909
facility at the time of the prisoner's initial entry into the	17910
facility under the confinement in question, to pay a reasonable	17911
fee for any medical or dental treatment or service requested by	17912
and provided to that prisoner, and to pay the fee for a random	17913
drug test assessed under division (E) of section 341.26, and	17914
division (E) of section 753.33 of the Revised Code. The fee for	17915
the medical treatment or service shall not exceed the actual cost	17916
of the treatment or service provided. No prisoner confined in the	17917
local detention facility shall be denied any necessary medical	17918
care because of inability to pay the fees.	17919

(B) Upon assessment of a one-time reception fee as described	17920
in division (A) of this section, the provision of the requested	17921
medical treatment or service, or the assessment of a fee for a	17922
random drug test, payment of the required fee may be automatically	17923
deducted from the prisoner's inmate account in the business office	17924
of the local detention facility in which the prisoner is confined.	17925
If there is no money in the account, a deduction may be made at a	17926
later date during the prisoner's confinement if the money becomes	17927
available in the account. If, after release, the prisoner has an	17928
unpaid balance of those fees, the sheriff, legislative authority	17929
of the municipal corporation, corrections commission, judicial	17930
corrections board, or other entity that operates the local	17931
detention facility described in division (A) of section 2929.37 of	17932
the Revised Code may bill the prisoner for the payment of the	17933
unpaid fees. Fees received for medical or dental treatment or	17934
services shall be paid to the commissary fund, if one exists for	17935
the facility, or if no commissary fund exists, to the general fund	17936
of the treasury of the political subdivision that incurred the	17937
expenses, in the same proportion as those expenses were borne by	17938
the political subdivision. Fees received for medical treatment or	17939
services that are placed in the commissary fund under this	17940
division shall be used for the same purposes as profits from the	17941
commissary fund, except that they shall not be used to pay any	17942
salary or benefits of any person who works in or is employed for	17943
the sole purpose of providing service to the commissary.	17944

(C) Any fee paid by a person under this section shall be	17945
deducted from any medical or dental costs that the person is	17946
ordered to reimburse under section 2929.36 of the Revised Code or	17947
to repay under a policy adopted under section 2929.37 of the	17948
Revised Code.	17949

(D) As used in this section, "inmate account" has the same	17950
meaning as in section 2969.21 of the Revised Code.	17951

Sec. 2933.43. (A)(1) Except as provided in this division or	17952
in section 2913.34 or sections 2923.44 to 2923.47 or 2925.41 to	17953
2925.45 of the Revised Code, a law enforcement officer shall seize	17954
any contraband that has been, is being, or is intended to be used	17955
in violation of division (A) of section 2933.42 of the Revised	17956
Code. A law enforcement officer shall seize contraband that is a	17957
watercraft, motor vehicle, or aircraft and that has been, is	17958
being, or is intended to be used in violation of division (A) of	17959
section 2933.42 of the Revised Code only if the watercraft, motor	17960
vehicle, or aircraft is contraband because of its relationship to	17961
an underlying criminal offense that is a felony.	17962

Additionally, a law enforcement officer shall seize any	17963
watercraft, motor vehicle, aircraft, or other personal property	17964
that is classified as contraband under division (B) of section	17965
2933.42 of the Revised Code if the underlying offense involved in	17966
the violation of division (A) of that section that resulted in the	17967
watercraft, motor vehicle, aircraft, or personal property being	17968
classified as contraband, is a felony.	17969

(2) If a law enforcement officer seizes property that is	17970
titled or registered under law, including a motor vehicle,	17971
pursuant to division (A)(1) of this section, the officer or the	17972
officer's employing law enforcement agency shall notify the owner	17973
of the seizure. The notification shall be given to the owner at	17974
the owner's last known address within seventy-two hours after the	17975
seizure, and may be given orally by any means, including	17976
telephone, or by certified mail, return receipt requested.	17977

If the officer or the officer's agency is unable to provide	17978
the notice required by this division despite reasonable, good	17979
faith efforts to do so, the exercise of the reasonable, good faith	17980
efforts constitutes fulfillment of the notice requirement imposed	17981
by this division.	17982

(B)(1) A motor vehicle seized pursuant to division (A)(1) of	17983
this section and the contents of the vehicle may be retained for a	17984
reasonable period of time, not to exceed seventy-two hours, for	17985
the purpose of inspection, investigation, and the gathering of	17986
evidence of any offense or illegal use.	17987

At any time prior to the expiration of the seventy-two-hour	17988
period, the law enforcement agency that seized the motor vehicle	17989
may petition the court of common pleas of the county that has	17990
jurisdiction over the underlying criminal case or administrative	17991
proceeding involved in the forfeiture for an extension of the	17992
seventy-two-hour period if the motor vehicle or its contents are	17993
needed as evidence or if additional time is needed for the	17994
inspection, investigation, or gathering of evidence. Upon the	17995
filing of such a petition, the court immediately shall schedule a	17996
hearing to be held at a time as soon as possible after the filing,	17997
but in no event at a time later than the end of the next business	17998
day subsequent to the day on which the petition was filed, and	17999
upon scheduling the hearing, immediately shall notify the owner of	18000
the vehicle, at the address at which notification of the seizure	18001
was provided under division (A) of this section, of the date,	18002
time, and place of the hearing. If the court, at the hearing,	18003
determines that the vehicle or its contents, or both, are needed	18004
as evidence or that additional time is needed for the inspection,	18005
investigation, or gathering of evidence, the court may grant the	18006
petition and issue an order authorizing the retention of the	18007
vehicle or its contents, or both, for an extended period as	18008
specified by the court in its order. An order extending a period	18009
of retention issued under this division may be renewed.	18010

If no petition for the extension of the initial	18011
seventy-two-hour period has been filed, prior to the expiration of	18012
that period, under this division, if the vehicle was not in the	18013
custody and control of the owner at the time of its seizure, and	18014
if, at the end of that seventy-two-hour period, the owner of the	18015
vehicle has not been charged with an offense or administrative	18016
violation that includes the use of the vehicle as an element and	18017
has not been charged with any other offense or administrative	18018
violation in the actual commission of which the motor vehicle was	18019
used, the vehicle and its contents shall be released to its owner	18020
or the owner's agent, provided that the law enforcement agency	18021
that seized the vehicle may require proof of ownership of the	18022
vehicle, proof of ownership or legal possession of the contents,	18023
and an affidavit of the owner that the owner neither knew of nor	18024
expressly or impliedly consented to the use of the vehicle that	18025
resulted in its forfeiture as conditions precedent to release. If	18026
a petition for the extension of the initial seventy-two-hour	18027
period has been filed, prior to the expiration of that period,	18028
under this division but the court does not grant the petition, if	18029
the vehicle was not in the custody and control of the owner at the	18030
time of its seizure, and if, at the end of that seventy-two-hour	18031
period, the owner of the vehicle has not been charged with an	18032
offense or administrative violation that includes the use of the	18033
vehicle as an element and has not been charged with any other	18034
offense or administrative violation in the actual commission of	18035
which the motor vehicle was used, the vehicle and its contents	18036
shall be released to its owner or the owner's agent, provided that	18037
the court may require the proof and affidavit described in the	18038
preceding sentence as conditions precedent to release. If the	18039
initial seventy-two-hour period has been extended under this	18040
division, the vehicle and its contents to which the extension	18041
applies may be retained in accordance with the extension order.	18042
If, at the end of that extended period, the owner of the vehicle	18043
has not been charged with an offense or administrative violation	18044
that includes the use of the vehicle as an element and has not	18045
been charged with any other offense or administrative violation in	18046
the actual commission of which the motor vehicle was used, and if	18047
the vehicle was not in the custody and control of the owner at the	18048
time of its seizure, the vehicle and its contents shall be	18049
released to its owner or the owner's agent, provided that the	18050
court may require the proof and affidavit described in the third	18051
preceding sentence as conditions precedent to release. In cases in	18052
which the court may require proof and affidavits as conditions	18053
precedent to release, the court also may require the posting of a	18054
bond, with sufficient sureties approved by the court, in an amount	18055
equal to the value of the property to be released, as determined	18056
by the court, and conditioned upon the return of the property to	18057
the court if it is forfeited under this section, as a further	18058
condition to release. If, at the end of the initial	18059
seventy-two-hour period or at the end of any extended period	18060
granted under this section, the owner has been charged with an	18061
offense or administrative violation that includes the use of the	18062
vehicle as an element or has been charged with another offense or	18063
administrative violation in the actual commission of which the	18064
motor vehicle was used, or if the vehicle was in the custody and	18065
control of the owner at the time of its seizure, the vehicle and	18066
its contents shall be retained pending disposition of the charge,	18067
provided that upon the filing of a motion for release by the	18068
owner, if the court determines that the motor vehicle or its	18069
contents, or both, are not needed as evidence in the underlying	18070
criminal case or administrative proceeding, the court may permit	18071
the release of the property that is not needed as evidence to the	18072
owner; as a condition precedent to a release of that nature, the	18073
court may require the owner to execute a bond with the court. Any	18074
bond so required shall be in an amount equal to the value of the	18075
property to be released, as determined by the court, shall have	18076
sufficient sureties approved by the court, and shall be	18077
conditioned upon the return of the property to the court to which	18078
it is forfeited under this section.	18079

The final disposition of a motor vehicle seized pursuant to	18080
division (A)(1) of this section shall be determined in accordance	18081
with division (C) of this section.	18082

(2) Pending a hearing pursuant to division (C) of this	18083
section, and subject to divisions (B)(1) and (C) of this section,	18084
any property lawfully seized pursuant to division (A) of this	18085
section because it was contraband of a type described in division	18086
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section	18087
2901.01 of the Revised Code shall not be subject to replevin or	18088
other action in any court and shall not be subject to release upon	18089
request of the owner, and no judgment shall be enforced against	18090
the property. Pending the hearing, and subject to divisions (B)(1)	18091
and (C) of this section, the property shall be kept in the custody	18092
of the law enforcement agency responsible for its seizure.	18093

Pending a hearing pursuant to division (C) of this section,	18094
and notwithstanding any provisions of division (B)(1) or (C) of	18095
this section to the contrary, any property lawfully seized	18096
pursuant to division (A) of this section because it was contraband	18097
of a type described in division (A)(13)(a) or (c) of section	18098
2901.01 of the Revised Code shall not be subject to replevin or	18099
other action in any court and shall not be subject to release upon	18100
request of the owner, and no judgment shall be enforced against	18101
the property. Pending the hearing, and notwithstanding any	18102
provisions of division (B)(1) or (C) of this section to the	18103
contrary, the property shall be kept in the custody of the law	18104
enforcement agency responsible for its seizure.	18105

A law enforcement agency that seizes property under division	18106
(A) of this section because it was contraband of any type	18107
described in division (A)(13) of section 2901.01 or division (B)	18108
of section 2933.42 of the Revised Code shall maintain an accurate	18109
record of each item of property so seized, which record shall	18110
include the date on which each item was seized, the manner and	18111
date of its disposition, and if applicable, the name of the person	18112
who received the item; however, the record shall not identify or	18113
enable the identification of the individual officer who seized the	18114
item. The record of property of that nature that no longer is	18115
needed as evidence shall be open to public inspection during the	18116
agency's regular business hours. Each law enforcement agency that,	18117
during any calendar year, seizes property under division (A) of	18118
this section because it was contraband shall prepare a report	18119
covering the calendar year that cumulates all of the information	18120
contained in all of the records kept by the agency pursuant to	18121
this division for that calendar year, and shall send a copy of the	18122
cumulative report, no later than the first day of March in the	18123
calendar year following the calendar year covered by the report,	18124
to the attorney general. Each report received by the attorney	18125
general is a public record open for inspection under section	18126
149.43 of the Revised Code. Not later than the fifteenth day of	18127
April in the calendar year in which the reports are received, the	18128
attorney general shall send to the president of the senate and the	18129
speaker of the house of representatives a written notification	18130
that does all of the following:	18131

(a) Indicates that the attorney general has received from law	18132
enforcement agencies reports of the type described in this	18133
division that cover the previous calendar year and indicates that	18134
the reports were received under this division;	18135

(b) Indicates that the reports are open for inspection under	18136
section 149.43 of the Revised Code;	18137

(c) Indicates that the attorney general will provide a copy	18138
of any or all of the reports to the president of the senate or the	18139
speaker of the house of representatives upon request.	18140

(C) The prosecuting attorney, village solicitor, city	18141
director of law, or similar chief legal officer who has	18142
responsibility for the prosecution of the underlying criminal case	18143
or administrative proceeding, or the attorney general if the	18144
attorney general has that responsibility, shall file a petition	18145
for the forfeiture, to the seizing law enforcement agency of the	18146
contraband seized pursuant to division (A) of this section. The	18147
petition shall be filed in the court that has jurisdiction over	18148
the underlying criminal case or administrative proceeding involved	18149
in the forfeiture. If the property was seized on the basis of both	18150
a criminal violation and an administrative regulation violation,	18151
the petition shall be filed by the officer and in the court that	18152
is appropriate in relation to the criminal case.	18153

The petitioner shall conduct or cause to be conducted a	18154
search of the appropriate public records that relate to the seized	18155
property for the purpose of determining, and shall make or cause	18156
to be made reasonably diligent inquiries for the purpose of	18157
determining, any person having an ownership or security interest	18158
in the property. The petitioner then shall give notice of the	18159
forfeiture proceedings by personal service or by certified mail,	18160
return receipt requested, to any persons known, because of the	18161
conduct of the search, the making of the inquiries, or otherwise,	18162
to have an ownership or security interest in the property, and	18163
shall publish notice of the proceedings once each week for two	18164
consecutive weeks in a newspaper of general circulation in the	18165
county in which the seizure occurred. The notices shall be	18166
personally served, mailed, and first published at least four weeks	18167
before the hearing. They shall describe the property seized; state	18168
the date and place of seizure; name the law enforcement agency	18169
that seized the property and, if applicable, that is holding the	18170
property; list the time, date, and place of the hearing; and state	18171
that any person having an ownership or security interest in the	18172
property may contest the forfeiture.	18173

If the property seized was determined by the seizing law	18174
enforcement officer to be contraband because of its relationship	18175
to an underlying criminal offense or administrative violation, no	18176
forfeiture hearing shall be held under this section unless the	18177
person pleads guilty to or is convicted of the commission of, or	18178
an attempt or conspiracy to commit, the offense or a different	18179
offense arising out of the same facts and circumstances or unless	18180
the person admits or is adjudicated to have committed the	18181
administrative violation or a different violation arising out of	18182
the same facts and circumstances; a forfeiture hearing shall be	18183
held in a case of that nature no later than forty-five days after	18184
the conviction or the admission or adjudication of the violation,	18185
unless the time for the hearing is extended by the court for good	18186
cause shown. The owner of any property seized because of its	18187
relationship to an underlying criminal offense or administrative	18188
violation may request the court to release the property to the	18189
owner. Upon receipt of a request of that nature, if the court	18190
determines that the property is not needed as evidence in the	18191
underlying criminal case or administrative proceeding, the court	18192
may permit the release of the property to the owner. As a	18193
condition precedent to a release of that nature, the court may	18194
require the owner to execute a bond with the court. Any bond so	18195
required shall have sufficient sureties approved by the court,	18196
shall be in a sum equal to the value of the property, as	18197
determined by the court, and shall be conditioned upon the return	18198
of the property to the court if the property is forfeited under	18199
this section. Any property seized because of its relationship to	18200
an underlying criminal offense or administrative violation shall	18201
be returned to its owner if charges are not filed in relation to	18202
that underlying offense or violation within thirty days after the	18203
seizure, if charges of that nature are filed and subsequently are	18204
dismissed, or if charges of that nature are filed and the person	18205
charged does not plead guilty to and is not convicted of the	18206
offense or does not admit and is not found to have committed the	18207
violation.	18208

If the property seized was determined by the seizing law	18209
enforcement officer to be contraband other than because of a	18210
relationship to an underlying criminal offense or administrative	18211
violation, the forfeiture hearing under this section shall be held	18212
no later than forty-five days after the seizure, unless the time	18213
for the hearing is extended by the court for good cause shown.	18214

Where possible, a court holding a forfeiture hearing under	18215
this section shall follow the Rules of Civil Procedure. When a	18216
hearing is conducted under this section, property shall be	18217
forfeited upon a showing, by a preponderance of the evidence, by	18218
the petitioner that the person from which the property was seized	18219
was in violation of division (A) of section 2933.42 of the Revised	18220
Code. If that showing is made, the court shall issue an order of	18221
forfeiture. If an order of forfeiture is issued in relation to	18222
contraband that was released to the owner or the owner's agent	18223
pursuant to this division or division (B)(1) of this section, the	18224
order shall require the owner to deliver the property, by a	18225
specified date, to the law enforcement agency that employed the	18226
law enforcement officer who made the seizure of the property, and	18227
the court shall deliver a copy of the order to the owner or send a	18228
copy of it by certified mail, return receipt requested, to the	18229
owner at the address to which notice of the seizure was given	18230
under division (A)(2) of this section. Except as otherwise	18231
provided in this division, all rights, interest, and title to the	18232
forfeited contraband vests in the state, effective from the date	18233
of seizure.	18234

No property shall be forfeited pursuant to this division if	18235
the owner of the property establishes, by a preponderance of the	18236
evidence, that the owner neither knew, nor should have known after	18237
a reasonable inquiry, that the property was used, or was likely to	18238
be used, in a crime or administrative violation. No bona fide	18239
security interest shall be forfeited pursuant to this division if	18240
the holder of the interest establishes, by a preponderance of the	18241
evidence, that the holder of the interest neither knew, nor should	18242
have known after a reasonable inquiry, that the property was used,	18243
or likely to be used, in a crime or administrative violation, that	18244
the holder of the interest did not expressly or impliedly consent	18245
to the use of the property in a crime or administrative violation,	18246
and that the security interest was perfected pursuant to law prior	18247
to the seizure. If the holder of the interest satisfies the court	18248
that these requirements are met, the interest shall be preserved	18249
by the court. In a case of that nature, the court shall either	18250
order that the agency to which the property is forfeited reimburse	18251
the holder of the interest to the extent of the preserved interest	18252
or order that the holder be paid for the interest from the	18253
proceeds of any sale pursuant to division (D) of this section.	18254

(D)(1) Contraband ordered forfeited pursuant to this section	18255
shall be disposed of pursuant to divisions (D)(1) to (7) of	18256
section 2933.41 of the Revised Code or, if the contraband is not	18257
described in those divisions, may be used, with the approval of	18258
the court, by the law enforcement agency that has custody of the	18259
contraband pursuant to division (D)(8) of that section. In the	18260
case of contraband not described in any of those divisions and of	18261
contraband not disposed of pursuant to any of those divisions, the	18262
contraband shall be sold in accordance with this division or, in	18263
the case of forfeited moneys, disposed of in accordance with this	18264
division. If the contraband is to be sold, the prosecuting	18265
attorney shall cause a notice of the proposed sale of the	18266
contraband to be given in accordance with law, and the property	18267
shall be sold, without appraisal, at a public auction to the	18268
highest bidder for cash. The proceeds of a sale and forfeited	18269
moneys shall be applied in the following order:	18270

(a) First, to the payment of the costs incurred in connection	18271
with the seizure of, storage of, maintenance of, and provision of	18272
security for the contraband, the forfeiture proceeding, and, if	18273
any, the sale;	18274

(b) Second, the remaining proceeds or forfeited moneys after	18275
compliance with division (D)(1)(a) of this section, to the payment	18276
of the balance due on any security interest preserved pursuant to	18277
division (C) of this section;	18278

(c) Third, the remaining proceeds or forfeited moneys after	18279
compliance with divisions (D)(1)(a) and (b) of this section, as	18280
follows:	18281

(i) If the forfeiture was ordered in a juvenile court, ten	18282
per cent to one or more alcohol and drug addiction treatment	18283
programs that are certified by the department of alcohol and drug	18284
addiction services under section 3793.06 of the Revised Code and	18285
that are specified in the order of forfeiture. A juvenile court	18286
shall not certify an alcohol or drug addiction treatment program	18287
in the order of forfeiture unless the program is a certified	18288
alcohol and drug addiction treatment program and, except as	18289
provided in division (D)(1)(c)(i) of this section, unless the	18290
program is located in the county in which the court that orders	18291
the forfeiture is located or in a contiguous county. If no	18292
certified alcohol and drug addiction treatment program is located	18293
in any of those counties, the juvenile court may specify in the	18294
order a certified alcohol and drug addiction treatment program	18295
located anywhere within this state.	18296

(ii) If the forfeiture was ordered in a juvenile court,	18297
ninety per cent, and if the forfeiture was ordered in a court	18298
other than a juvenile court, one hundred per cent to the law	18299
enforcement trust fund of the prosecuting attorney and to the law	18300
enforcement trust fund of the county sheriff if the county sheriff	18301
made the seizure, to the law enforcement trust fund of a municipal	18302
corporation if its police department made the seizure, to the law	18303
enforcement trust fund of a township if the seizure was made by a	18304
township police department, township police district police force,	18305
or office of a township constable, to the law enforcement trust	18306
fund of a park district created pursuant to section 511.18 or	18307
1545.01 of the Revised Code if the seizure was made by the park	18308
district police force or law enforcement department, to the state	18309
highway patrol contraband, forfeiture, and other fund if the state	18310
highway patrol made the seizure, to the department of public	18311
safety investigative unit contraband, forfeiture, and other fund	18312
if the investigative unit of the department of public safety made	18313
the seizure, to the department of taxation enforcement fund if the	18314
department of taxation made the seizure, to the board of pharmacy	18315
drug law enforcement fund created by division (B)(1) of section	18316
4729.65 of the Revised Code if the board made the seizure, or to	18317
the treasurer of state for deposit into the peace officer training	18318
commission fund if a state law enforcement agency, other than the	18319
state highway patrol, the investigative unit of the department of	18320
public safety, the enforcement division of the department of	18321
taxation, or the state board of pharmacy, made the seizure. The	18322
prosecuting attorney may decline to accept any of the remaining	18323
proceeds or forfeited moneys, and, if the prosecuting attorney so	18324
declines, the remaining proceeds or forfeited moneys shall be	18325
applied to the fund described in this division that relates to the	18326
law enforcement agency that made the seizure.	18327

A law enforcement trust fund shall be established by the	18328
prosecuting attorney of each county who intends to receive any	18329
remaining proceeds or forfeited moneys pursuant to this division,	18330
by the sheriff of each county, by the legislative authority of	18331
each municipal corporation, by the board of township trustees of	18332
each township that has a township police department, township	18333
police district police force, or office of the constable, and by	18334
the board of park commissioners of each park district created	18335
pursuant to section 511.18 or 1545.01 of the Revised Code that has	18336
a park district police force or law enforcement department, for	18337
the purposes of this division. There is hereby created in the	18338
state treasury the state highway patrol contraband, forfeiture,	18339
and other fund, the department of public safety investigative unit	18340
contraband, forfeiture, and other fund, the department of taxation	18341
enforcement fund, and the peace officer training commission fund,	18342
for the purposes described in this division.	18343

Proceeds or forfeited moneys distributed to any municipal	18344
corporation, township, or park district law enforcement trust fund	18345
shall be allocated from the fund by the legislative authority only	18346
to the police department of the municipal corporation, by the	18347
board of township trustees only to the township police department,	18348
township police district police force, or office of the constable,	18349
and by the board of park commissioners only to the park district	18350
police force or law enforcement department.	18351

Additionally, no proceeds or forfeited moneys shall be	18352
allocated to or used by the state highway patrol, the department	18353
of public safety, the department of taxation, the state board of	18354
pharmacy, or a county sheriff, prosecuting attorney, municipal	18355
corporation police department, township police department,	18356
township police district police force, office of the constable, or	18357
park district police force or law enforcement department unless	18358
the state highway patrol, department of public safety, department	18359
of taxation, state board of pharmacy, sheriff, prosecuting	18360
attorney, municipal corporation police department, township police	18361
department, township police district police force, office of the	18362
constable, or park district police force or law enforcement	18363
department has adopted a written internal control policy under	18364
division (D)(3) of this section that addresses the use of moneys	18365
received from the state highway patrol contraband, forfeiture, and	18366
other fund, the department of public safety investigative unit	18367
contraband, forfeiture, and other fund, the department of taxation	18368
enforcement fund, the board of pharmacy drug law enforcement fund,	18369
or the appropriate law enforcement trust fund.	18370

The state highway patrol contraband, forfeiture, and other	18371
fund, the department of public safety investigative unit	18372
contraband, forfeiture, and other fund, the department of taxation	18373
enforcement fund, and a law enforcement trust fund shall be	18374
expended only in accordance with the written internal control	18375
policy so adopted by the recipient, and, subject to the	18376
requirements specified in division (D)(3)(a)(ii) of this section,	18377
only to pay the costs of protracted or complex investigations or	18378
prosecutions, to provide reasonable technical training or	18379
expertise, to provide matching funds to obtain federal grants to	18380
aid law enforcement, in the support of DARE programs or other	18381
programs designed to educate adults or children with respect to	18382
the dangers associated with the use of drugs of abuse, to pay the	18383
costs of emergency action taken under section 3745.13 of the	18384
Revised Code relative to the operation of an illegal	18385
methamphetamine laboratory if the forfeited property or money	18386
involved was that of a person responsible for the operation of the	18387
laboratory, or for other law enforcement purposes that the	18388
superintendent of the state highway patrol, department of public	18389
safety, department of taxation, prosecuting attorney, county	18390
sheriff, legislative authority, board of township trustees, or	18391
board of park commissioners determines to be appropriate. The	18392
board of pharmacy drug law enforcement fund shall be expended only	18393
in accordance with the written internal control policy so adopted	18394
by the board and only in accordance with section 4729.65 of the	18395
Revised Code, except that it also may be expended to pay the costs	18396
of emergency action taken under section 3745.13 of the Revised	18397
Code relative to the operation of an illegal methamphetamine	18398
laboratory if the forfeited property or money involved was that of	18399
a person responsible for the operation of the laboratory. The	18400
state highway patrol contraband, forfeiture, and other fund, the	18401
department of public safety investigative unit contraband,	18402
forfeiture, and other fund, the department of taxation enforcement	18403
fund, the board of pharmacy drug law enforcement fund, and a law	18404
enforcement trust fund shall not be used to meet the operating	18405
costs of the state highway patrol, of the investigative unit of	18406
the department of public safety, of the department of taxation	18407
enforcement division, of the state board of pharmacy, of any	18408
political subdivision, or of any office of a prosecuting attorney	18409
or county sheriff that are unrelated to law enforcement.	18410

Proceeds and forfeited moneys that are paid into the state	18411
treasury to be deposited into the peace officer training	18412
commission fund shall be used by the commission only to pay the	18413
costs of peace officer training.	18414

Any sheriff or prosecuting attorney who receives proceeds or	18415
forfeited moneys pursuant to this division during any calendar	18416
year shall file a report with the county auditor, no later than	18417
the thirty-first day of January of the next calendar year,	18418
verifying that the proceeds and forfeited moneys were expended	18419
only for the purposes authorized by this division and division	18420
(D)(3)(a)(ii) of this section and specifying the amounts expended	18421
for each authorized purpose. Any municipal corporation police	18422
department that is allocated proceeds or forfeited moneys from a	18423
municipal corporation law enforcement trust fund pursuant to this	18424
division during any calendar year shall file a report with the	18425
legislative authority of the municipal corporation, no later than	18426
the thirty-first day of January of the next calendar year,	18427
verifying that the proceeds and forfeited moneys were expended	18428
only for the purposes authorized by this division and division	18429
(D)(3)(a)(ii) of this section and specifying the amounts expended	18430
for each authorized purpose. Any township police department,	18431
township police district police force, or office of the constable	18432
that is allocated proceeds or forfeited moneys from a township law	18433
enforcement trust fund pursuant to this division during any	18434
calendar year shall file a report with the board of township	18435
trustees of the township, no later than the thirty-first day of	18436
January of the next calendar year, verifying that the proceeds and	18437
forfeited moneys were expended only for the purposes authorized by	18438
this division and division (D)(3)(a)(ii) of this section and	18439
specifying the amounts expended for each authorized purpose. Any	18440
park district police force or law enforcement department that is	18441
allocated proceeds or forfeited moneys from a park district law	18442
enforcement trust fund pursuant to this division during any	18443
calendar year shall file a report with the board of park	18444
commissioners of the park district, no later than the thirty-first	18445
day of January of the next calendar year, verifying that the	18446
proceeds and forfeited moneys were expended only for the purposes	18447
authorized by this division and division (D)(3)(a)(ii) of this	18448
section and specifying the amounts expended for each authorized	18449
purpose. The superintendent of the state highway patrol shall file	18450
a report with the attorney general, no later than the thirty-first	18451
day of January of each calendar year, verifying that proceeds and	18452
forfeited moneys paid into the state highway patrol contraband,	18453
forfeiture, and other fund pursuant to this division during the	18454
prior calendar year were used by the state highway patrol during	18455
the prior calendar year only for the purposes authorized by this	18456
division and specifying the amounts expended for each authorized	18457
purpose. The executive director of the state board of pharmacy	18458
shall file a report with the attorney general, no later than the	18459
thirty-first day of January of each calendar year, verifying that	18460
proceeds and forfeited moneys paid into the board of pharmacy drug	18461
law enforcement fund during the prior calendar year were used only	18462
in accordance with section 4729.65 of the Revised Code and	18463
specifying the amounts expended for each authorized purpose. The	18464
peace officer training commission shall file a report with the	18465
attorney general, no later than the thirty-first day of January of	18466
each calendar year, verifying that proceeds and forfeited moneys	18467
paid into the peace officer training commission fund pursuant to	18468
this division during the prior calendar year were used by the	18469
commission during the prior calendar year only to pay the costs of	18470
peace officer training and specifying the amount used for that	18471
purpose.	18472

The tax commissioner shall file a report with the attorney	18473
general, not later than the thirty-first day of January of each	18474
calendar year, verifying that proceeds and forfeited moneys paid	18475
into the department of taxation enforcement fund pursuant to this	18476
division during the prior calendar year were used by the	18477
enforcement division during the prior calendar year to pay only	18478
the costs of enforcing the tax laws and specifying the amount used	18479
for that purpose.	18480

(2) If more than one law enforcement agency is substantially	18481
involved in the seizure of contraband that is forfeited pursuant	18482
to this section, the court ordering the forfeiture shall equitably	18483
divide the proceeds or forfeited moneys, after calculating any	18484
distribution to the law enforcement trust fund of the prosecuting	18485
attorney pursuant to division (D)(1)(c) of this section, among any	18486
county sheriff whose office is determined by the court to be	18487
substantially involved in the seizure, any legislative authority	18488
of a municipal corporation whose police department is determined	18489
by the court to be substantially involved in the seizure, any	18490
board of township trustees whose law enforcement agency is	18491
determined by the court to be substantially involved in the	18492
seizure, any board of park commissioners of a park district whose	18493
police force or law enforcement department is determined by the	18494
court to be substantially involved in the seizure, the state board	18495
of pharmacy if it is determined by the court to be substantially	18496
involved in the seizure, the investigative unit of the department	18497
of public safety if it is determined by the court to be	18498
substantially involved in the seizure, the enforcement division of	18499
the department of taxation if it is determined by the court to be	18500
substantially involved in the seizure, and the state highway	18501
patrol if it is determined by the court to be substantially	18502
involved in the seizure. The proceeds or forfeited moneys shall be	18503
deposited in the respective law enforcement trust funds of the	18504
county sheriff, municipal corporation, township, and park	18505
district, the board of pharmacy drug law enforcement fund, the	18506
department of public safety investigative unit contraband,	18507
forfeiture, and other fund, the department of taxation enforcement	18508
fund, or the state highway patrol contraband, forfeiture, and	18509
other fund, in accordance with division (D)(1)(c) of this section.	18510
If a state law enforcement agency, other than the state highway	18511
patrol, the investigative unit of the department of public safety,	18512
the department of taxation, or the state board of pharmacy, is	18513
determined by the court to be substantially involved in the	18514
seizure, the state agency's equitable share of the proceeds and	18515
forfeited moneys shall be paid to the treasurer of state for	18516
deposit into the peace officer training commission fund.	18517

(3)(a)(i) Prior to being allocated or using any proceeds or	18518
forfeited moneys out of the state highway patrol contraband,	18519
forfeiture, and other fund, the department of public safety	18520
investigative unit contraband, forfeiture, and other fund, the	18521
department of taxation enforcement fund, the board of pharmacy	18522
drug law enforcement fund, or a law enforcement trust fund under	18523
division (D)(1)(c) of this section, the state highway patrol, the	18524
department of public safety, the department of taxation, the state	18525
board of pharmacy, and a county sheriff, prosecuting attorney,	18526
municipal corporation police department, township police	18527
department, township police district police force, office of the	18528
constable, or park district police force or law enforcement	18529
department shall adopt a written internal control policy that	18530
addresses the state highway patrol's, department of public	18531
safety's, department of taxation's, state board of pharmacy's,	18532
sheriff's, prosecuting attorney's, police department's, police	18533
force's, office of the constable's, or law enforcement	18534
department's use and disposition of all the proceeds and forfeited	18535
moneys received and that provides for the keeping of detailed	18536
financial records of the receipts of the proceeds and forfeited	18537
moneys, the general types of expenditures made out of the proceeds	18538
and forfeited moneys, the specific amount of each general type of	18539
expenditure, and the amounts, portions, and programs described in	18540
division (D)(3)(a)(ii) of this section. The policy shall not	18541
provide for or permit the identification of any specific	18542
expenditure that is made in an ongoing investigation.	18543

All financial records of the receipts of the proceeds and	18544
forfeited moneys, the general types of expenditures made out of	18545
the proceeds and forfeited moneys, the specific amount of each	18546
general type of expenditure by the state highway patrol, by the	18547
department of public safety, by the department of taxation, by the	18548
state board of pharmacy, and by a sheriff, prosecuting attorney,	18549
municipal corporation police department, township police	18550
department, township police district police force, office of the	18551
constable, or park district police force or law enforcement	18552
department, and the amounts, portions, and programs described in	18553
division (D)(3)(a)(ii) of this section are public records open for	18554
inspection under section 149.43 of the Revised Code. Additionally,	18555
a written internal control policy adopted under this division is a	18556
public record of that nature, and the state highway patrol, the	18557
department of public safety, the department of taxation, the state	18558
board of pharmacy, or the sheriff, prosecuting attorney, municipal	18559
corporation police department, township police department,	18560
township police district police force, office of the constable, or	18561
park district police force or law enforcement department that	18562
adopted it shall comply with it.	18563

(ii) The written internal control policy of a county sheriff,	18564
prosecuting attorney, municipal corporation police department,	18565
township police department, township police district police force,	18566
office of the constable, or park district police force or law	18567
enforcement department shall provide that at least ten per cent of	18568
the first one hundred thousand dollars of proceeds and forfeited	18569
moneys deposited during each calendar year in the sheriff's,	18570
prosecuting attorney's, municipal corporation's, township's, or	18571
park district's law enforcement trust fund pursuant to division	18572
(B)(7)(c)(ii) of section 2923.46 or division (B)(8)(c)(ii) of	18573
section 2925.44 of the Revised Code, and at least twenty per cent	18574
of the proceeds and forfeited moneys exceeding one hundred	18575
thousand dollars that are so deposited, shall be used in	18576
connection with community preventive education programs. The	18577
manner in which the described percentages are so used shall be	18578
determined by the sheriff, prosecuting attorney, department,	18579
police force, or office of the constable after the receipt and	18580
consideration of advice on appropriate community preventive	18581
education programs from the county's board of alcohol, drug	18582
addiction, and mental health services, from the county's alcohol	18583
and drug addiction services board, or through appropriate	18584
community dialogue. The financial records described in division	18585
(D)(3)(a)(i) of this section shall specify the amount of the	18586
proceeds and forfeited moneys deposited during each calendar year	18587
in the sheriff's, prosecuting attorney's, municipal corporation's,	18588
township's, or park district's law enforcement trust fund pursuant	18589
to division (B)(7)(c)(ii) of section 2923.46 or division	18590
(B)(8)(c)(ii) of section 2925.44 of the Revised Code, the portion	18591
of that amount that was used pursuant to the requirements of this	18592
division, and the community preventive education programs in	18593
connection with which the portion of that amount was so used.	18594

As used in this division, "community preventive education	18595
programs" includes, but is not limited to, DARE programs and other	18596
programs designed to educate adults or children with respect to	18597
the dangers associated with the use of drugs of abuse.	18598

(b) Each sheriff, prosecuting attorney, municipal corporation	18599
police department, township police department, township police	18600
district police force, office of the constable, or park district	18601
police force or law enforcement department that receives in any	18602
calendar year any proceeds or forfeited moneys out of a law	18603
enforcement trust fund under division (D)(1)(c) of this section or	18604
uses any proceeds or forfeited moneys in its law enforcement trust	18605
fund in any calendar year shall prepare a report covering the	18606
calendar year that cumulates all of the information contained in	18607
all of the public financial records kept by the sheriff,	18608
prosecuting attorney, municipal corporation police department,	18609
township police department, township police district police force,	18610
office of the constable, or park district police force or law	18611
enforcement department pursuant to division (D)(3)(a) of this	18612
section for that calendar year, and shall send a copy of the	18613
cumulative report, no later than the first day of March in the	18614
calendar year following the calendar year covered by the report,	18615
to the attorney general.	18616

The superintendent of the state highway patrol shall prepare	18617
a report covering each calendar year in which the state highway	18618
patrol uses any proceeds or forfeited moneys in the state highway	18619
patrol contraband, forfeiture, and other fund under division	18620
(D)(1)(c) of this section, that cumulates all of the information	18621
contained in all of the public financial records kept by the state	18622
highway patrol pursuant to division (D)(3)(a) of this section for	18623
that calendar year, and shall send a copy of the cumulative	18624
report, no later than the first day of March in the calendar year	18625
following the calendar year covered by the report, to the attorney	18626
general.	18627

The department of public safety shall prepare a report	18628
covering each fiscal year in which the department uses any	18629
proceeds or forfeited moneys in the department of public safety	18630
investigative unit contraband, forfeiture, and other fund under	18631
division (D)(1)(c) of this section that cumulates all of the	18632
information contained in all of the public financial records kept	18633
by the department pursuant to division (D)(3)(a) of this section	18634
for that fiscal year. The department shall send a copy of the	18635
cumulative report to the attorney general no later than the first	18636
day of August in the fiscal year following the fiscal year covered	18637
by the report. The director of public safety shall include in the	18638
report a verification that proceeds and forfeited moneys paid into	18639
the department of public safety investigative unit contraband,	18640
forfeiture, and other fund under division (D)(1)(c) of this	18641
section during the preceding fiscal year were used by the	18642
department during that fiscal year only for the purposes	18643
authorized by that division and shall specify the amount used for	18644
each authorized purpose.	18645

The tax commissioner shall prepare a report covering each	18646
calendar year in which the department of taxation enforcement	18647
division uses any proceeds or forfeited moneys in the department	18648
of taxation enforcement fund under division (D)(1)(c) of this	18649
section, that cumulates all of the information contained in all of	18650
the public financial records kept by the department of taxation	18651
enforcement division pursuant to division (D)(3)(a) of this	18652
section for that calendar year, and shall send a copy of the	18653
cumulative report, not later than the first day of March in the	18654
calendar year following the calendar year covered by the report,	18655
to the attorney general.	18656

The executive director of the state board of pharmacy shall	18657
prepare a report covering each calendar year in which the board	18658
uses any proceeds or forfeited moneys in the board of pharmacy	18659
drug law enforcement fund under division (D)(1)(c) of this	18660
section, that cumulates all of the information contained in all of	18661
the public financial records kept by the board pursuant to	18662
division (D)(3)(a) of this section for that calendar year, and	18663
shall send a copy of the cumulative report, no later than the	18664
first day of March in the calendar year following the calendar	18665
year covered by the report, to the attorney general. Each report	18666
received by the attorney general is a public record open for	18667
inspection under section 149.43 of the Revised Code. Not later	18668
than the fifteenth day of April in the calendar year in which the	18669
reports are received, the attorney general shall send to the	18670
president of the senate and the speaker of the house of	18671
representatives a written notification that does all of the	18672
following:	18673

(i) Indicates that the attorney general has received from	18674
entities or persons specified in this division reports of the type	18675
described in this division that cover the previous calendar year	18676
and indicates that the reports were received under this division;	18677

(ii) Indicates that the reports are open for inspection under	18678
section 149.43 of the Revised Code;	18679

(iii) Indicates that the attorney general will provide a copy	18680
of any or all of the reports to the president of the senate or the	18681
speaker of the house of representatives upon request.	18682

(4)(a) A law enforcement agency that receives pursuant to	18683
federal law proceeds from a sale of forfeited contraband, proceeds	18684
from another disposition of forfeited contraband, or forfeited	18685
contraband moneys shall deposit, use, and account for the proceeds	18686
or forfeited moneys in accordance with, and otherwise comply with,	18687
the applicable federal law.	18688

(b) If the state highway patrol receives pursuant to federal	18689
law proceeds from a sale of forfeited contraband, proceeds from	18690
another disposition of forfeited contraband, or forfeited	18691
contraband moneys, the appropriate governmental officials shall	18692
deposit into the state highway patrol contraband, forfeiture, and	18693
other fund all interest or other earnings derived from the	18694
investment of the proceeds or forfeited moneys. The state highway	18695
patrol shall use and account for that interest or other earnings	18696
in accordance with the applicable federal law.	18697

(c) If the investigative unit of the department of public	18698
safety receives pursuant to federal law proceeds from a sale of	18699
forfeited contraband, proceeds from another disposition of	18700
forfeited contraband, or forfeited contraband moneys, the	18701
appropriate governmental officials shall deposit into the	18702
department of public safety investigative unit contraband,	18703
forfeiture, and other fund all interest or other earnings derived	18704
from the investment of the proceeds or forfeited moneys. The	18705
department shall use and account for that interest or other	18706
earnings in accordance with the applicable federal law.	18707

(d) If the tax commissioner receives pursuant to federal law	18708
proceeds from a sale of forfeited contraband, proceeds from	18709
another disposition of forfeited contraband, or forfeited	18710
contraband moneys, the appropriate governmental officials shall	18711
deposit into the department of taxation enforcement fund all	18712
interest or other earnings derived from the investment of the	18713
proceeds or forfeited moneys. The department shall use and account	18714
for that interest or other earnings in accordance with the	18715
applicable federal law.	18716

(e) Divisions (D)(1) to (3) of this section do not apply to	18717
proceeds or forfeited moneys received pursuant to federal law or	18718
to the interest or other earnings that are derived from the	18719
investment of proceeds or forfeited moneys received pursuant to	18720
federal law and that are described in division (D)(4)(b) of this	18721
section.	18722

(E) Upon the sale pursuant to this section of any property	18723
that is required to be titled or registered under law, the state	18724
shall issue an appropriate certificate of title or registration to	18725
the purchaser. If the state is vested with title pursuant to	18726
division (C) of this section and elects to retain property that is	18727
required to be titled or registered under law, the state shall	18728
issue an appropriate certificate of title or registration.	18729

(F) Notwithstanding any provisions of this section to the	18730
contrary, any property that is lawfully seized in relation to a	18731
violation of section 2923.32 of the Revised Code shall be subject	18732
to forfeiture and disposition in accordance with sections 2923.32	18733
to 2923.36 of the Revised Code; any property that is forfeited	18734
pursuant to section 2923.44 or 2923.45 of the Revised Code in	18735
relation to a violation of section 2923.42 of the Revised Code or	18736
in relation to an act of a juvenile that is a violation of section	18737
2923.42 of the Revised Code may be subject to forfeiture and	18738
disposition in accordance with sections 2923.44 to 2923.47 of the	18739
Revised Code; and any property that is forfeited pursuant to	18740
section 2925.42 or 2925.43 of the Revised Code in relation to a	18741
felony drug abuse offense, as defined in section 2925.01 of the	18742
Revised Code, or in relation to an act that, if committed by an	18743
adult, would be a felony drug abuse offense of that nature, may be	18744
subject to forfeiture and disposition in accordance with sections	18745
2925.41 to 2925.45 of the Revised Code or this section.	18746

(G) Any failure of a law enforcement officer or agency, a	18747
prosecuting attorney, village solicitor, city director of law, or	18748
similar chief legal officer, a court, or the attorney general to	18749
comply with any duty imposed by this section in relation to any	18750
property seized or with any other provision of this section in	18751
relation to any property seized does not affect the validity of	18752
the seizure of the property, provided the seizure itself was made	18753
in accordance with law, and is not and shall not be considered to	18754
be the basis for the suppression of any evidence resulting from	18755
the seizure of the property, provided the seizure itself was made	18756
in accordance with law.	18757

(H) Contraband that has been forfeited pursuant to division	18758
(C) of this section shall not be available for use to pay any fine	18759
imposed upon a person who is convicted of or pleads guilty to an	18760
underlying criminal offense or a different offense arising out of	18761
the same facts and circumstances.	18762

Sec. 2935.01. As used in this chapter:

18763

(A) "Magistrate" has the same meaning as in section 2931.01	18764
of the Revised Code.	18765

(B) "Peace officer" includes, except as provided in section	18766
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	18767
deputy marshal; member of the organized police department of any	18768
municipal corporation, including a member of the organized police	18769
department of a municipal corporation in an adjoining state	18770
serving in Ohio under a contract pursuant to section 737.04 of the	18771
Revised Code; member of a police force employed by a metropolitan	18772
housing authority under division (D) of section 3735.31 of the	18773
Revised Code; member of a police force employed by a regional	18774
transit authority under division (Y) of section 306.05 of the	18775
Revised Code; state university law enforcement officer appointed	18776
under section 3345.04 of the Revised Code; enforcement agent of	18777
the department of public safety designated under section 5502.14	18778
of the Revised Code; employee of the department of taxation to	18779
whom investigation powers have been delegated under section	18780
~~5743.45~~5703.58 of the Revised Code; employee of the department of	18781
natural resources who is a natural resources law enforcement staff	18782
officer designated pursuant to section 1501.013 of the Revised	18783
Code, a forest officer designated pursuant to section 1503.29 of	18784
the Revised Code, a preserve officer designated pursuant to	18785
section 1517.10 of the Revised Code, a wildlife officer designated	18786
pursuant to section 1531.13 of the Revised Code, a park officer	18787
designated pursuant to section 1541.10 of the Revised Code, or a	18788
state watercraft officer designated pursuant to section 1547.521	18789
of the Revised Code; individual designated to perform law	18790
enforcement duties under section 511.232, 1545.13, or 6101.75 of	18791
the Revised Code; veterans' home police officer appointed under	18792
section 5907.02 of the Revised Code; special police officer	18793
employed by a port authority under section 4582.04 or 4582.28 of	18794
the Revised Code; police constable of any township; police officer	18795
of a township or joint township police district; a special police	18796
officer employed by a municipal corporation at a municipal	18797
airport, or other municipal air navigation facility, that has	18798
scheduled operations, as defined in section 119.3 of Title 14 of	18799
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and	18800
that is required to be under a security program and is governed by	18801
aviation security rules of the transportation security	18802
administration of the United States department of transportation	18803
as provided in Parts 1542. and 1544. of Title 49 of the Code of	18804
Federal Regulations, as amended; the house sergeant at arms if the	18805
house sergeant at arms has arrest authority pursuant to division	18806
(E)(1) of section 101.311 of the Revised Code; and an assistant	18807
house sergeant at arms; officer or employee of the bureau of	18808
criminal identification and investigation established pursuant to	18809
section 109.51 of the Revised Code who has been awarded a	18810
certificate by the executive director of the Ohio peace officer	18811
training commission attesting to the officer's or employee's	18812
satisfactory completion of an approved state, county, municipal,	18813
or department of natural resources peace officer basic training	18814
program and who is providing assistance upon request to a law	18815
enforcement officer or emergency assistance to a peace officer	18816
pursuant to section 109.54 or 109.541 of the Revised Code; and,	18817
for the purpose of arrests within those areas, for the purposes of	18818
Chapter 5503. of the Revised Code, and the filing of and service	18819
of process relating to those offenses witnessed or investigated by	18820
them, the superintendent and troopers of the state highway patrol.	18821

(C) "Prosecutor" includes the county prosecuting attorney and	18822
any assistant prosecutor designated to assist the county	18823
prosecuting attorney, and, in the case of courts inferior to	18824
courts of common pleas, includes the village solicitor, city	18825
director of law, or similar chief legal officer of a municipal	18826
corporation, any such officer's assistants, or any attorney	18827
designated by the prosecuting attorney of the county to appear for	18828
the prosecution of a given case.	18829

(D) "Offense," except where the context specifically	18830
indicates otherwise, includes felonies, misdemeanors, and	18831
violations of ordinances of municipal corporations and other	18832
public bodies authorized by law to adopt penal regulations.	18833

Sec. 2935.36. (A) The prosecuting attorney may establish	18834
pre-trial diversion programs for adults who are accused of	18835
committing criminal offenses and whom the prosecuting attorney	18836
believes probably will not offend again. The prosecuting attorney	18837
may require, as a condition of an accused's participation in the	18838
program, the accused to pay a reasonable fee for supervision	18839
services that include, but are not limited to, monitoring and drug	18840
testing. The programs shall be operated pursuant to written	18841
standards approved by journal entry by the presiding judge or, in	18842
courts with only one judge, the judge of the court of common pleas	18843
and shall not be applicable to any of the following:	18844

(1) Repeat offenders or dangerous offenders;

18845

(2) Persons accused of an offense of violence, of a violation	18846
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,	18847
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,	18848
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a	18849
violation of section 2905.01, 2905.02, or 2919.23 of the Revised	18850
Code that, had it occurred prior to July 1, 1996, would have been	18851
a violation of section 2905.04 of the Revised Code as it existed	18852
prior to that date, with the exception that the prosecuting	18853
attorney may permit persons accused of any such offense to enter a	18854
pre-trial diversion program, if the prosecuting attorney finds any	18855
of the following:	18856

(a) The accused did not cause, threaten, or intend serious	18857
physical harm to any person;	18858

(b) The offense was the result of circumstances not likely to	18859
recur;	18860

(c) The accused has no history of prior delinquency or	18861
criminal activity;	18862

(d) The accused has led a law-abiding life for a substantial	18863
time before commission of the alleged offense;	18864

(e) Substantial grounds tending to excuse or justify the	18865
alleged offense.	18866

(3) Persons accused of a violation of Chapter 2925. or 3719.	18867
of the Revised Code;	18868

(4) Drug dependent persons or persons in danger of becoming	18869
drug dependent persons, as defined in section 3719.011 of the	18870
Revised Code. However, this division does not affect the	18871
eligibility of such persons for intervention in lieu of conviction	18872
pursuant to section 2951.041 of the Revised Code.	18873

(5) Persons accused of a violation of section 4511.19 of the	18874
Revised Code or a violation of any substantially similar municipal	18875
ordinance.	18876

(B) An accused who enters a diversion program shall do all of	18877
the following:	18878

(1) Waive, in writing and contingent upon the accused's	18879
successful completion of the program, the accused's right to a	18880
speedy trial, the preliminary hearing, the time period within	18881
which the grand jury may consider an indictment against the	18882
accused, and arraignment, unless the hearing, indictment, or	18883
arraignment has already occurred;	18884

(2) Agree, in writing, to the tolling while in the program of	18885
all periods of limitation established by statutes or rules of	18886
court, that are applicable to the offense with which the accused	18887
is charged and to the conditions of the diversion program	18888
established by the prosecuting attorney;	18889

(3) Agree, in writing, to pay any reasonable fee for	18890
supervision services established by the prosecuting attorney.	18891

(C) The trial court, upon the application of the prosecuting	18892
attorney, shall order the release from confinement of any accused	18893
who has agreed to enter a pre-trial diversion program and shall	18894
discharge and release any existing bail and release any sureties	18895
on recognizances and shall release the accused on a recognizance	18896
bond conditioned upon the accused's compliance with the terms of	18897
the diversion program. The prosecuting attorney shall notify every	18898
victim of the crime and the arresting officers of the prosecuting	18899
attorney's intent to permit the accused to enter a pre-trial	18900
diversion program. The victim of the crime and the arresting	18901
officers shall have the opportunity to file written objections	18902
with the prosecuting attorney prior to the commencement of the	18903
pre-trial diversion program.	18904

(D) If the accused satisfactorily completes the diversion	18905
program, the prosecuting attorney shall recommend to the trial	18906
court that the charges against the accused be dismissed, and the	18907
court, upon the recommendation of the prosecuting attorney, shall	18908
dismiss the charges. If the accused chooses not to enter the	18909
prosecuting attorney's diversion program, or if the accused	18910
violates the conditions of the agreement pursuant to which the	18911
accused has been released, the accused may be brought to trial	18912
upon the charges in the manner provided by law, and the waiver	18913
executed pursuant to division (B)(1) of this section shall be void	18914
on the date the accused is removed from the program for the	18915
violation.	18916

(E) As used in this section:

18917

(1) "Repeat offender" means a person who has a history of	18918
persistent criminal activity and whose character and condition	18919
reveal a substantial risk that the person will commit another	18920
offense. It is prima-facie evidence that a person is a repeat	18921
offender if any of the following applies:	18922

(a) Having been convicted of one or more offenses of violence	18923
and having been imprisoned pursuant to sentence for any such	18924
offense, the person commits a subsequent offense of violence;	18925

(b) Having been convicted of one or more sexually oriented	18926
offenses as defined in section 2950.01 of the Revised Code and	18927
having been imprisoned pursuant to sentence for one or more of	18928
those offenses, the person commits a subsequent sexually oriented	18929
offense;	18930

(c) Having been convicted of one or more theft offenses as	18931
defined in section 2913.01 of the Revised Code and having been	18932
imprisoned pursuant to sentence for one or more of those theft	18933
offenses, the person commits a subsequent theft offense;	18934

(d) Having been convicted of one or more felony drug abuse	18935
offenses as defined in section 2925.01 of the Revised Code and	18936
having been imprisoned pursuant to sentence for one or more of	18937
those felony drug abuse offenses, the person commits a subsequent	18938
felony drug abuse offense;	18939

(e) Having been convicted of two or more felonies and having	18940
been imprisoned pursuant to sentence for one or more felonies, the	18941
person commits a subsequent offense;	18942

(f) Having been convicted of three or more offenses of any	18943
type or degree other than traffic offenses, alcoholic intoxication	18944
offenses, or minor misdemeanors and having been imprisoned	18945
pursuant to sentence for any such offense, the person commits a	18946
subsequent offense.	18947

(2) "Dangerous offender" means a person who has committed an	18948
offense, whose history, character, and condition reveal a	18949
substantial risk that the person will be a danger to others, and	18950
whose conduct has been characterized by a pattern of repetitive,	18951
compulsive, or aggressive behavior with heedless indifference to	18952
the consequences.	18953

Sec. 2949.091. (A)(1) The court, in which any person is	18954
convicted of or pleads guilty to any offense other than a traffic	18955
offense that is not a moving violation, shall impose the sum of	18956
~~eleven~~fifteen dollars as costs in the case in addition to any	18957
other court costs that the court is required by law to impose upon	18958
the offender. All such moneys collected during a month shall be	18959
transmitted on or before the twentieth day of the following month	18960
by the clerk of the court to the treasurer of state and deposited	18961
by the treasurer of state into the general revenue fund. The court	18962
shall not waive the payment of the additional ~~eleven~~fifteen	18963
dollars court costs, unless the court determines that the offender	18964
is indigent and waives the payment of all court costs imposed upon	18965
the indigent offender.	18966

(2) The juvenile court, in which a child is found to be a	18967
delinquent child or a juvenile traffic offender for an act which,	18968
if committed by an adult, would be an offense other than a traffic	18969
offense that is not a moving violation, shall impose the sum of	18970
~~eleven~~fifteen dollars as costs in the case in addition to any	18971
other court costs that the court is required or permitted by law	18972
to impose upon the delinquent child or juvenile traffic offender.	18973
All such moneys collected during a month shall be transmitted on	18974
or before the twentieth day of the following month by the clerk of	18975
the court to the treasurer of state and deposited by the treasurer	18976
of state into the general revenue fund. The ~~eleven~~fifteen dollars	18977
court costs shall be collected in all cases unless the court	18978
determines the juvenile is indigent and waives the payment of all	18979
court costs, or enters an order on its journal stating that it has	18980
determined that the juvenile is indigent, that no other court	18981
costs are to be taxed in the case, and that the payment of the	18982
~~eleven~~fifteen dollars court costs is waived.	18983

(B) Whenever a person is charged with any offense other than	18984
a traffic offense that is not a moving violation and posts bail,	18985
the court shall add to the amount of the bail the ~~eleven~~fifteen	18986
dollars required to be paid by division (A)(1) of this section.	18987
The ~~eleven~~fifteen dollars shall be retained by the clerk of the	18988
court until the person is convicted, pleads guilty, forfeits bail,	18989
is found not guilty, or has the charges dismissed. If the person	18990
is convicted, pleads guilty, or forfeits bail, the clerk shall	18991
transmit the ~~eleven~~fifteen dollars on or before the twentieth day	18992
of the month following the month in which the person was	18993
convicted, pleaded guilty, or forfeited bail to the treasurer of	18994
state, who shall deposit it into the general revenue fund. If the	18995
person is found not guilty or the charges are dismissed, the clerk	18996
shall return the ~~eleven~~fifteen dollars to the person.	18997

(C) No person shall be placed or held in a detention facility	18998
for failing to pay the additional ~~eleven~~fifteen dollars court	18999
costs or bail that are required to be paid by this section.	19000

(D) As used in this section:

19001

(1) "Moving violation" and "bail" have the same meanings as	19002
in section 2743.70 of the Revised Code.	19003

(2) "Detention facility" has the same meaning as in section	19004
2921.01 of the Revised Code.	19005

Sec. 3111.04. (A) An action to determine the existence or	19006
nonexistence of the father and child relationship may be brought	19007
by the child or the child's personal representative, the child's	19008
mother or her personal representative, a man alleged or alleging	19009
himself to be the child's father, the child support enforcement	19010
agency of the county in which the child resides if the child's	19011
mother is a recipient of public assistance or of services under	19012
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	19013
U.S.C.A. 651, as amended, or the alleged father's personal	19014
representative.	19015

(B) An agreement does not bar an action under this section.

19016

(C) If an action under this section is brought before the	19017
birth of the child and if the action is contested, all	19018
proceedings, except service of process and the taking of	19019
depositions to perpetuate testimony, may be stayed until after the	19020
birth.	19021

(D) A recipient of public assistance or of services under	19022
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	19023
U.S.C.A. 651, as amended, shall cooperate with the child support	19024
enforcement agency of the county in which a child resides to	19025
obtain an administrative determination pursuant to sections	19026
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	19027
determination pursuant to sections 3111.01 to 3111.18 of the	19028
Revised Code, of the existence or nonexistence of a parent and	19029
child relationship between the father and the child. If the	19030
recipient fails to cooperate, the agency may commence an action to	19031
determine the existence or nonexistence of a parent and child	19032
relationship between the father and the child pursuant to sections	19033
3111.01 to 3111.18 of the Revised Code.	19034

(E) As used in this section, "public assistance" means	19035
medical assistance under Chapter 5111. of the Revised Code,	19036
assistance under Chapter 5107. of the Revised Code, or disability	19037
financial assistance under Chapter 5115. of the Revised Code, or	19038
disability medical assistance under Chapter 5115. of the Revised	19039
Code.	19040

Sec. 3119.01. (A) As used in the Revised Code, "child	19041
support enforcement agency" means a child support enforcement	19042
agency designated under former section 2301.35 of the Revised Code	19043
prior to October 1, 1997, or a private or government entity	19044
designated as a child support enforcement agency under section	19045
307.981 of the Revised Code.	19046

(B) As used in this chapter and Chapters 3121., 3123., and	19047
3125. of the Revised Code:	19048

(1) "Administrative child support order" means any order	19049
issued by a child support enforcement agency for the support of a	19050
child pursuant to section 3109.19 or 3111.81 of the Revised Code	19051
or former section 3111.211 of the Revised Code, section 3111.21 of	19052
the Revised Code as that section existed prior to January 1, 1998,	19053
or section 3111.20 or 3111.22 of the Revised Code as those	19054
sections existed prior to March 22, 2001.	19055

(2) "Child support order" means either a court child support	19056
order or an administrative child support order.	19057

(3) "Obligee" means the person who is entitled to receive the	19058
support payments under a support order.	19059

(4) "Obligor" means the person who is required to pay support	19060
under a support order.	19061

(5) "Support order" means either an administrative child	19062
support order or a court support order.	19063

19064

(1) "Combined gross income" means the combined gross income	19065
of both parents.	19066

(2) "Court child support order" means any order issued by a	19067
court for the support of a child pursuant to Chapter 3115. of the	19068
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	19069
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	19070
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised	19071
Code, or division (B) of former section 3113.21 of the Revised	19072
Code.	19073

(3) "Court support order" means either a court child support	19074
order or an order for the support of a spouse or former spouse	19075
issued pursuant to Chapter 3115. of the Revised Code, section	19076
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B)	19077
of former section 3113.21 of the Revised Code.	19078

(4) "Extraordinary medical expenses" means any uninsured	19079
medical expenses incurred for a child during a calendar year that	19080
exceed one hundred dollars.	19081

(5) "Income" means either of the following:

19082

(a) For a parent who is employed to full capacity, the gross	19083
income of the parent;	19084

(b) For a parent who is unemployed or underemployed, the sum	19085
of the gross income of the parent and any potential income of the	19086
parent.	19087

(6) "Insurer" means any person authorized under Title XXXIX	19088
of the Revised Code to engage in the business of insurance in this	19089
state, any health insuring corporation, and any legal entity that	19090
is self-insured and provides benefits to its employees or members.	19091

(7) "Gross income" means, except as excluded in division	19092
(C)(7) of this section, the total of all earned and unearned	19093
income from all sources during a calendar year, whether or not the	19094
income is taxable, and includes income from salaries, wages,	19095
overtime pay, and bonuses to the extent described in division (D)	19096
of section 3119.05 of the Revised Code; commissions; royalties;	19097
tips; rents; dividends; severance pay; pensions; interest; trust	19098
income; annuities; social security benefits, including retirement,	19099
disability, and survivor benefits that are not means-tested;	19100
workers' compensation benefits; unemployment insurance benefits;	19101
disability insurance benefits; benefits that are not means-tested	19102
and that are received by and in the possession of the veteran who	19103
is the beneficiary for any service-connected disability under a	19104
program or law administered by the United States department of	19105
veterans' affairs or veterans' administration; spousal support	19106
actually received; and all other sources of income. "Gross income"	19107
includes income of members of any branch of the United States	19108
armed services or national guard, including, amounts representing	19109
base pay, basic allowance for quarters, basic allowance for	19110
subsistence, supplemental subsistence allowance, cost of living	19111
adjustment, specialty pay, variable housing allowance, and pay for	19112
training or other types of required drills; self-generated income;	19113
and potential cash flow from any source.	19114

"Gross income" does not include any of the following:

19115

(a) Benefits received from means-tested government	19116
administered programs, including Ohio works first; prevention,	19117
retention, and contingency; means-tested veterans' benefits;	19118
supplemental security income; food stamps; disability financial	19119
assistance; or other assistance for which eligibility is	19120
determined on the basis of income or assets;	19121

(b) Benefits for any service-connected disability under a	19122
program or law administered by the United States department of	19123
veterans' affairs or veterans' administration that are not	19124
means-tested, that have not been distributed to the veteran who is	19125
the beneficiary of the benefits, and that are in the possession of	19126
the United States department of veterans' affairs or veterans'	19127
administration;	19128

(c) Child support received for children who were not born or	19129
adopted during the marriage at issue;	19130

(d) Amounts paid for mandatory deductions from wages such as	19131
union dues but not taxes, social security, or retirement in lieu	19132
of social security;	19133

(e) Nonrecurring or unsustainable income or cash flow items;

19134

(f) Adoption assistance and foster care maintenance payments	19135
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	19136
501, 42 U.S.C.A. 670 (1980), as amended.	19137

(8) "Nonrecurring or unsustainable income or cash flow item"	19138
means an income or cash flow item the parent receives in any year	19139
or for any number of years not to exceed three years that the	19140
parent does not expect to continue to receive on a regular basis.	19141
"Nonrecurring or unsustainable income or cash flow item" does not	19142
include a lottery prize award that is not paid in a lump sum or	19143
any other item of income or cash flow that the parent receives or	19144
expects to receive for each year for a period of more than three	19145
years or that the parent receives and invests or otherwise uses to	19146
produce income or cash flow for a period of more than three years.	19147

(9)(a) "Ordinary and necessary expenses incurred in	19148
generating gross receipts" means actual cash items expended by the	19149
parent or the parent's business and includes depreciation expenses	19150
of business equipment as shown on the books of a business entity.	19151

(b) Except as specifically included in "ordinary and	19152
necessary expenses incurred in generating gross receipts" by	19153
division (C)(9)(a) of this section, "ordinary and necessary	19154
expenses incurred in generating gross receipts" does not include	19155
depreciation expenses and other noncash items that are allowed as	19156
deductions on any federal tax return of the parent or the parent's	19157
business.	19158

(10) "Personal earnings" means compensation paid or payable	19159
for personal services, however denominated, and includes wages,	19160
salary, commissions, bonuses, draws against commissions, profit	19161
sharing, vacation pay, or any other compensation.	19162

(11) "Potential income" means both of the following for a	19163
parent who the court pursuant to a court support order, or a child	19164
support enforcement agency pursuant to an administrative child	19165
support order, determines is voluntarily unemployed or voluntarily	19166
underemployed:	19167

(a) Imputed income that the court or agency determines the	19168
parent would have earned if fully employed as determined from the	19169
following criteria:	19170

(i) The parent's prior employment experience;

19171

(ii) The parent's education;

19172

(iii) The parent's physical and mental disabilities, if any;

19173

(iv) The availability of employment in the geographic area in	19174
which the parent resides;	19175

(v) The prevailing wage and salary levels in the geographic	19176
area in which the parent resides;	19177

(vi) The parent's special skills and training;

19178

(vii) Whether there is evidence that the parent has the	19179
ability to earn the imputed income;	19180

(viii) The age and special needs of the child for whom child	19181
support is being calculated under this section;	19182

(ix) The parent's increased earning capacity because of	19183
experience;	19184

(x) Any other relevant factor.

19185

(b) Imputed income from any nonincome-producing assets of a	19186
parent, as determined from the local passbook savings rate or	19187
another appropriate rate as determined by the court or agency, not	19188
to exceed the rate of interest specified in division (A) of	19189
section 1343.03 of the Revised Code, if the income is significant.	19190

(12) "Schedule" means the basic child support schedule set	19191
forth in section 3119.021 of the Revised Code.	19192

(13) "Self-generated income" means gross receipts received by	19193
a parent from self-employment, proprietorship of a business, joint	19194
ownership of a partnership or closely held corporation, and rents	19195
minus ordinary and necessary expenses incurred by the parent in	19196
generating the gross receipts. "Self-generated income" includes	19197
expense reimbursements or in-kind payments received by a parent	19198
from self-employment, the operation of a business, or rents,	19199
including company cars, free housing, reimbursed meals, and other	19200
benefits, if the reimbursements are significant and reduce	19201
personal living expenses.	19202

(14) "Split parental rights and responsibilities" means a	19203
situation in which there is more than one child who is the subject	19204
of an allocation of parental rights and responsibilities and each	19205
parent is the residential parent and legal custodian of at least	19206
one of those children.	19207

(15) "Worksheet" means the applicable worksheet that is used	19208
to calculate a parent's child support obligation as set forth in	19209
sections 3119.022 and 3119.023 of the Revised Code.	19210

Sec. 3121.01. As used in this chapter:

19211

(A) "Court child support order," "court support order," and	19212
"personal earnings" have the same meanings as in section 3119.01	19213
of the Revised Code.	19214

(B) "Default" means any failure to pay under a support order	19215
that is an amount greater than or equal to the amount of support	19216
payable under the support order for one month.	19217

(C) "Financial institution" means a bank, savings and loan	19218
association, or credit union, or a regulated investment company or	19219
mutual fund.	19220

(D) "Income" means any form of monetary payment, including	19221
personal earnings; workers' compensation payments; unemployment	19222
compensation benefits to the extent permitted by, and in	19223
accordance with, sections 3121.07 and 4141.284 of the Revised	19224
Code, and federal law governing the department of job and family	19225
services; pensions; annuities; allowances; private or governmental	19226
retirement benefits; disability or sick pay; insurance proceeds;	19227
lottery prize awards; federal, state, or local government benefits	19228
to the extent that the benefits can be withheld or deducted under	19229
the law governing the benefits; any form of trust fund or	19230
endowment; lump sum payments, other than a one-time pay supplement	19231
of less than one hundred fifty dollars paid under section 124.183	19232
of the Revised Code; and any other payment in money.	19233

(E) "Payor" means any person or entity that pays or	19234
distributes income to an obligor, including an obligor if the	19235
obligor is self-employed; an employer; an employer paying an	19236
obligor's workers' compensation benefits; the public employees	19237
retirement board; the governing entity of a municipal retirement	19238
system; the board of trustees of the Ohio police and fire pension	19239
fund; the state teachers retirement board; the school employees	19240
retirement board; the state highway patrol retirement board; a	19241
provider, as defined in section 3305.01 of the Revised Code; the	19242
bureau of workers' compensation; or any other person or entity	19243
other than the department of job and family services with respect	19244
to unemployment compensation benefits paid pursuant to Chapter	19245
4141. of the Revised Code.	19246

Sec. 3123.952. A child support enforcement agency may submit	19247
the name of a delinquent obligor to the office of child support	19248
for inclusion on a poster only if all of the following apply:	19249

(A) The obligor is subject to a support order and there has	19250
been an attempt to enforce the order through a public notice, a	19251
wage withholding order, a lien on property, a financial	19252
institution deduction order, or other court-ordered procedures.	19253

(B) The department of job and family services reviewed the	19254
obligor's records and confirms the child support enforcement	19255
agency's finding that the obligor's name and photograph may be	19256
submitted to be displayed on a poster.	19257

(C) The agency does not know or is unable to verify the	19258
obligor's whereabouts.	19259

(D) The obligor is not a participant in Ohio works first or	19260
the prevention, retention, and contingency program or a recipient	19261
of disability financial assistance, supplemental security income,	19262
or food stamps.	19263

(E) The child support enforcement agency does not have	19264
evidence that the obligor has filed for protection under the	19265
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.	19266

(F) The obligee gave written authorization to the agency to	19267
display the obligor on a poster.	19268

(G) A legal representative of the agency and a child support	19269
enforcement administrator reviewed the case.	19270

(H) The agency is able to submit to the department a	19271
description and photograph of the obligor, a statement of the	19272
possible locations of the obligor, and any other information	19273
required by the department.	19274

Sec. 3301.0714. (A) The state board of education shall adopt	19275
rules for a statewide education management information system. The	19276
rules shall require the state board to establish guidelines for	19277
the establishment and maintenance of the system in accordance with	19278
this section and the rules adopted under this section. The	19279
guidelines shall include:	19280

(1) Standards identifying and defining the types of data in	19281
the system in accordance with divisions (B) and (C) of this	19282
section;	19283

(2) Procedures for annually collecting and reporting the data	19284
to the state board in accordance with division (D) of this	19285
section;	19286

(3) Procedures for annually compiling the data in accordance	19287
with division (G) of this section;	19288

(4) Procedures for annually reporting the data to the public	19289
in accordance with division (H) of this section.	19290

(B) The guidelines adopted under this section shall require	19291
the data maintained in the education management information system	19292
to include at least the following:	19293

(1) Student participation and performance data, for each	19294
grade in each school district as a whole and for each grade in	19295
each school building in each school district, that includes:	19296

(a) The numbers of students receiving each category of	19297
instructional service offered by the school district, such as	19298
regular education instruction, vocational education instruction,	19299
specialized instruction programs or enrichment instruction that is	19300
part of the educational curriculum, instruction for gifted	19301
students, instruction for handicapped students, and remedial	19302
instruction. The guidelines shall require instructional services	19303
under this division to be divided into discrete categories if an	19304
instructional service is limited to a specific subject, a specific	19305
type of student, or both, such as regular instructional services	19306
in mathematics, remedial reading instructional services,	19307
instructional services specifically for students gifted in	19308
mathematics or some other subject area, or instructional services	19309
for students with a specific type of handicap. The categories of	19310
instructional services required by the guidelines under this	19311
division shall be the same as the categories of instructional	19312
services used in determining cost units pursuant to division	19313
(C)(3) of this section.	19314

(b) The numbers of students receiving support or	19315
extracurricular services for each of the support services or	19316
extracurricular programs offered by the school district, such as	19317
counseling services, health services, and extracurricular sports	19318
and fine arts programs. The categories of services required by the	19319
guidelines under this division shall be the same as the categories	19320
of services used in determining cost units pursuant to division	19321
(C)(4)(a) of this section.	19322

(c) Average student grades in each subject in grades nine	19323
through twelve;	19324

(d) Academic achievement levels as assessed by the testing of	19325
student achievement under sections 3301.0710 and 3301.0711 of the	19326
Revised Code;	19327

(e) The number of students designated as having a	19328
handicapping condition pursuant to division (C)(1) of section	19329
3301.0711 of the Revised Code;	19330

(f) The numbers of students reported to the state board	19331
pursuant to division (C)(2) of section 3301.0711 of the Revised	19332
Code;	19333

(g) Attendance rates and the average daily attendance for the	19334
year. For purposes of this division, a student shall be counted as	19335
present for any field trip that is approved by the school	19336
administration.	19337

(h) Expulsion rates;

19338

(i) Suspension rates;

19339

(j) The percentage of students receiving corporal punishment;

19340

(k) Dropout rates;

19341

(l) Rates of retention in grade;

19342

(m) For pupils in grades nine through twelve, the average	19343
number of carnegie units, as calculated in accordance with state	19344
board of education rules;	19345

(n) Graduation rates, to be calculated in a manner specified	19346
by the department of education that reflects the rate at which	19347
students who were in the ninth grade three years prior to the	19348
current year complete school and that is consistent with	19349
nationally accepted reporting requirements;	19350

(o) Results of diagnostic assessments administered to	19351
kindergarten students as required under section 3301.0715 of the	19352
Revised Code to permit a comparison of the academic readiness of	19353
kindergarten students. However, no district shall be required to	19354
report to the department the results of any diagnostic assessment	19355
administered to a kindergarten student if the parent of that	19356
student requests the district not to report those results.	19357

(2) Personnel and classroom enrollment data for each school	19358
district, including:	19359

(a) The total numbers of licensed employees and nonlicensed	19360
employees and the numbers of full-time equivalent licensed	19361
employees and nonlicensed employees providing each category of	19362
instructional service, instructional support service, and	19363
administrative support service used pursuant to division (C)(3) of	19364
this section. The guidelines adopted under this section shall	19365
require these categories of data to be maintained for the school	19366
district as a whole and, wherever applicable, for each grade in	19367
the school district as a whole, for each school building as a	19368
whole, and for each grade in each school building.	19369

(b) The total number of employees and the number of full-time	19370
equivalent employees providing each category of service used	19371
pursuant to divisions (C)(4)(a) and (b) of this section, and the	19372
total numbers of licensed employees and nonlicensed employees and	19373
the numbers of full-time equivalent licensed employees and	19374
nonlicensed employees providing each category used pursuant to	19375
division (C)(4)(c) of this section. The guidelines adopted under	19376
this section shall require these categories of data to be	19377
maintained for the school district as a whole and, wherever	19378
applicable, for each grade in the school district as a whole, for	19379
each school building as a whole, and for each grade in each school	19380
building.	19381

(c) The total number of regular classroom teachers teaching	19382
classes of regular education and the average number of pupils	19383
enrolled in each such class, in each of grades kindergarten	19384
through five in the district as a whole and in each school	19385
building in the school district.	19386

(3)(a) Student demographic data for each school district,	19387
including information regarding the gender ratio of the school	19388
district's pupils, the racial make-up of the school district's	19389
pupils, and an appropriate measure of the number of the school	19390
district's pupils who reside in economically disadvantaged	19391
households. The demographic data shall be collected in a manner to	19392
allow correlation with data collected under division (B)(1) of	19393
this section. Categories for data collected pursuant to division	19394
(B)(3) of this section shall conform, where appropriate, to	19395
standard practices of agencies of the federal government.	19396

(b) With respect to each student entering kindergarten,	19397
whether the student previously participated in a public preschool	19398
program, a private preschool program, or a head start program, and	19399
the number of years the student participated in each of these	19400
programs.	19401

(C) The education management information system shall include	19402
cost accounting data for each district as a whole and for each	19403
school building in each school district. The guidelines adopted	19404
under this section shall require the cost data for each school	19405
district to be maintained in a system of mutually exclusive cost	19406
units and shall require all of the costs of each school district	19407
to be divided among the cost units. The guidelines shall require	19408
the system of mutually exclusive cost units to include at least	19409
the following:	19410

(1) Administrative costs for the school district as a whole.	19411
The guidelines shall require the cost units under this division	19412
(C)(1) to be designed so that each of them may be compiled and	19413
reported in terms of average expenditure per pupil in formula ADM	19414
in the school district, as determined pursuant to section 3317.03	19415
of the Revised Code.	19416

(2) Administrative costs for each school building in the	19417
school district. The guidelines shall require the cost units under	19418
this division (C)(2) to be designed so that each of them may be	19419
compiled and reported in terms of average expenditure per	19420
full-time equivalent pupil receiving instructional or support	19421
services in each building.	19422

(3) Instructional services costs for each category of	19423
instructional service provided directly to students and required	19424
by guidelines adopted pursuant to division (B)(1)(a) of this	19425
section. The guidelines shall require the cost units under	19426
division (C)(3) of this section to be designed so that each of	19427
them may be compiled and reported in terms of average expenditure	19428
per pupil receiving the service in the school district as a whole	19429
and average expenditure per pupil receiving the service in each	19430
building in the school district and in terms of a total cost for	19431
each category of service and, as a breakdown of the total cost, a	19432
cost for each of the following components:	19433

(a) The cost of each instructional services category required	19434
by guidelines adopted under division (B)(1)(a) of this section	19435
that is provided directly to students by a classroom teacher;	19436

(b) The cost of the instructional support services, such as	19437
services provided by a speech-language pathologist, classroom	19438
aide, multimedia aide, or librarian, provided directly to students	19439
in conjunction with each instructional services category;	19440

(c) The cost of the administrative support services related	19441
to each instructional services category, such as the cost of	19442
personnel that develop the curriculum for the instructional	19443
services category and the cost of personnel supervising or	19444
coordinating the delivery of the instructional services category.	19445

(4) Support or extracurricular services costs for each	19446
category of service directly provided to students and required by	19447
guidelines adopted pursuant to division (B)(1)(b) of this section.	19448
The guidelines shall require the cost units under division (C)(4)	19449
of this section to be designed so that each of them may be	19450
compiled and reported in terms of average expenditure per pupil	19451
receiving the service in the school district as a whole and	19452
average expenditure per pupil receiving the service in each	19453
building in the school district and in terms of a total cost for	19454
each category of service and, as a breakdown of the total cost, a	19455
cost for each of the following components:	19456

(a) The cost of each support or extracurricular services	19457
category required by guidelines adopted under division (B)(1)(b)	19458
of this section that is provided directly to students by a	19459
licensed employee, such as services provided by a guidance	19460
counselor or any services provided by a licensed employee under a	19461
supplemental contract;	19462

(b) The cost of each such services category provided directly	19463
to students by a nonlicensed employee, such as janitorial	19464
services, cafeteria services, or services of a sports trainer;	19465

(c) The cost of the administrative services related to each	19466
services category in division (C)(4)(a) or (b) of this section,	19467
such as the cost of any licensed or nonlicensed employees that	19468
develop, supervise, coordinate, or otherwise are involved in	19469
administering or aiding the delivery of each services category.	19470

(D)(1) The guidelines adopted under this section shall	19471
require school districts to collect information about individual	19472
students, staff members, or both in connection with any data	19473
required by division (B) or (C) of this section or other reporting	19474
requirements established in the Revised Code. The guidelines may	19475
also require school districts to report information about	19476
individual staff members in connection with any data required by	19477
division (B) or (C) of this section or other reporting	19478
requirements established in the Revised Code. The guidelines shall	19479
not authorize school districts to request social security numbers	19480
of individual students. The guidelines shall prohibit the	19481
reporting under this section of a student's name, address, and	19482
social security number to the state board of education or the	19483
department of education. The guidelines shall also prohibit the	19484
reporting under this section of any personally identifiable	19485
information about any student, except for the purpose of assigning	19486
the data verification code required by division (D)(2) of this	19487
section, to any other person unless such person is employed by the	19488
school district or the data acquisition site operated under	19489
section 3301.075 of the Revised Code and is authorized by the	19490
district or acquisition site to have access to such information.	19491
The guidelines may require school districts to provide the social	19492
security numbers of individual staff members.	19493

(2) The guidelines shall provide for each school district or	19494
community school to assign a data verification code that is unique	19495
on a statewide basis over time to each student whose initial Ohio	19496
enrollment is in that district or school and to report all	19497
required individual student data for that student utilizing such	19498
code. The guidelines shall also provide for assigning data	19499
verification codes to all students enrolled in districts or	19500
community schools on the effective date of the guidelines	19501
established under this section.	19502

Individual student data shall be reported to the department	19503
through the data acquisition sites utilizing the code but at no	19504
time shall the state board or the department have access to	19505
information that would enable any data verification code to be	19506
matched to personally identifiable student data.	19507

Each school district shall ensure that the data verification	19508
code is included in the student's records reported to any	19509
subsequent school district or community school in which the	19510
student enrolls and shall remove all references to the code in any	19511
records retained in the district or school that pertain to any	19512
student no longer enrolled. Any such subsequent district or school	19513
shall utilize the same identifier in its reporting of data under	19514
this section.	19515

(E) The guidelines adopted under this section may require	19516
school districts to collect and report data, information, or	19517
reports other than that described in divisions (A), (B), and (C)	19518
of this section for the purpose of complying with other reporting	19519
requirements established in the Revised Code. The other data,	19520
information, or reports may be maintained in the education	19521
management information system but are not required to be compiled	19522
as part of the profile formats required under division (G) of this	19523
section or the annual statewide report required under division (H)	19524
of this section.	19525

(F) Beginning with the school year that begins July 1, 1991,	19526
the board of education of each school district shall annually	19527
collect and report to the state board, in accordance with the	19528
guidelines established by the board, the data required pursuant to	19529
this section. A school district may collect and report these data	19530
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	19531

(G) The state board shall, in accordance with the procedures	19532
it adopts, annually compile the data reported by each school	19533
district pursuant to division (D) of this section. The state board	19534
shall design formats for profiling each school district as a whole	19535
and each school building within each district and shall compile	19536
the data in accordance with these formats. These profile formats	19537
shall:	19538

(1) Include all of the data gathered under this section in a	19539
manner that facilitates comparison among school districts and	19540
among school buildings within each school district;	19541

(2) Present the data on academic achievement levels as	19542
assessed by the testing of student achievement maintained pursuant	19543
to division (B)(1)(e) of this section so that the academic	19544
achievement levels of students who are excused from taking any	19545
such test pursuant to division (C)(1) of section 3301.0711 of the	19546
Revised Code are distinguished from the academic achievement	19547
levels of students who are not so excused.	19548

(H)(1) The state board shall, in accordance with the	19549
procedures it adopts, annually prepare a statewide report for all	19550
school districts and the general public that includes the profile	19551
of each of the school districts developed pursuant to division (G)	19552
of this section. Copies of the report shall be sent to each school	19553
district.	19554

(2) The state board shall, in accordance with the procedures	19555
it adopts, annually prepare an individual report for each school	19556
district and the general public that includes the profiles of each	19557
of the school buildings in that school district developed pursuant	19558
to division (G) of this section. Copies of the report shall be	19559
sent to the superintendent of the district and to each member of	19560
the district board of education.	19561

(3) Copies of the reports received from the state board under	19562
divisions (H)(1) and (2) of this section shall be made available	19563
to the general public at each school district's offices. Each	19564
district board of education shall make copies of each report	19565
available to any person upon request and payment of a reasonable	19566
fee for the cost of reproducing the report. The board shall	19567
annually publish in a newspaper of general circulation in the	19568
school district, at least twice during the two weeks prior to the	19569
week in which the reports will first be available, a notice	19570
containing the address where the reports are available and the	19571
date on which the reports will be available.	19572

(I) Any data that is collected or maintained pursuant to this	19573
section and that identifies an individual pupil is not a public	19574
record for the purposes of section 149.43 of the Revised Code.	19575

(J) As used in this section:

19576

(1) "School district" means any city, local, exempted	19577
village, or joint vocational school district.	19578

(2) "Cost" means any expenditure for operating expenses made	19579
by a school district excluding any expenditures for debt	19580
retirement except for payments made to any commercial lending	19581
institution for any loan approved pursuant to section 3313.483 of	19582
the Revised Code.	19583

(K) Any person who removes data from the information system	19584
established under this section for the purpose of releasing it to	19585
any person not entitled under law to have access to such	19586
information is subject to section 2913.42 of the Revised Code	19587
prohibiting tampering with data.	19588

(L) Any time the department of education determines that a	19589
school district has taken any of the actions described under	19590
division (L)(1), (2), or (3) of this section, it shall make a	19591
report of the actions of the district, send a copy of the report	19592
to the superintendent of such school district, and maintain a copy	19593
of the report in its files:	19594

(1) The school district fails to meet any deadline	19595
established pursuant to this section for the reporting of any data	19596
to the education management information system;	19597

(2) The school district fails to meet any deadline	19598
established pursuant to this section for the correction of any	19599
data reported to the education management information system;	19600

(3) The school district reports data to the education	19601
management information system in a condition, as determined by the	19602
department, that indicates that the district did not make a good	19603
faith effort in reporting the data to the system.	19604

Any report made under this division shall include	19605
recommendations for corrective action by the school district.	19606

Upon making a report for the first time in a fiscal year, the	19607
department shall withhold ten per cent of the total amount due	19608
during that fiscal year under Chapter 3317. of the Revised Code to	19609
the school district to which the report applies. Upon making a	19610
second report in a fiscal year, the department shall withhold an	19611
additional twenty per cent of such total amount due during that	19612
fiscal year to the school district to which the report applies.	19613
The department shall not release such funds unless it determines	19614
that the district has taken corrective action. However, no such	19615
release of funds shall occur if the district fails to take	19616
corrective action within forty-five days of the date upon which	19617
the report was made by the department.	19618

(M) ~~The department of education, after consultation with the~~	19619
~~Ohio education computer network, may provide at no cost to school~~	19620
~~districts uniform computer software for use in reporting data to~~	19621
~~the education management information system, provided that no~~	19622
~~school district shall be required to utilize such software to~~	19623
~~report data to the education management information system if such~~	19624
~~district is so reporting data in an accurate, complete, and timely~~	19625
~~manner in a format compatible with that required by the education~~	19626
~~management information system~~No data acquisition site or school	19627
district shall acquire, change, or update its student	19628
administration software package to manage and report data required	19629
to be reported to the department unless it converts to the student	19630
management record system prescribed by the department.	19631

(N) The state board of education, in accordance with sections	19632
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	19633
license as defined under division (A) of section 3319.31 of the	19634
Revised Code that has been issued to any school district employee	19635
found to have willfully reported erroneous, inaccurate, or	19636
incomplete data to the education management information system.	19637

(O) No person shall release or maintain any information about	19638
any student in violation of this section. Whoever violates this	19639
division is guilty of a misdemeanor of the fourth degree.	19640

(P) The department shall disaggregate the data collected	19641
under division (B)(1)(o) of this section according to the race and	19642
socioeconomic status of the students assessed. No data collected	19643
under that division shall be included on the report cards required	19644
by section 3302.03 of the Revised Code.	19645

(Q) If the department cannot compile any of the information	19646
required by division (D)(5) of section 3302.03 of the Revised Code	19647
based upon the data collected under this section, the department	19648
shall develop a plan and a reasonable timeline for the collection	19649
of any data necessary to comply with that division.	19650

Sec. 3301.31. As used in this section and sections 3301.32	19651
to 3301.38 of the Revised Code:	19652

(A) "Eligible individual" means an individual eligible for	19653
Title IV-A services.	19654

(B) "Head start agency" means any or all of the following:

19655

(1) An entity in this state that has been approved to be an	19656
agency for purposes of the "Head Start Act," 95 Stat. 489 (1981),	19657
42 U.S.C. 9831, as amended;	19658

(2) A Title IV-A head start agency;

19659

(3) A Title IV-A head start plus agency.

19660

(C) "Head start program" has the same meaning as in section	19661
5104.01 of the Revised Code.	19662

(D) "Title IV-A services" means benefits and services that	19663
are allowable under Title IV-A of the "Social Security Act," as	19664
specified in 42 U.S.C.A 604(a), except that they shall not be	19665
benefits and services included in the term "assistance" as defined	19666
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	19667
excluded from the definition of the term "assistance" under 45	19668
C.F.R. 260.31(b).	19669

(E) "Title IV-A head start agency" means an agency receiving	19670
funds to operate a head start program as prescribed in section	19671
3301.34 of the Revised Code.	19672

(F) "Title IV-A head start plus agency" means an agency	19673
receiving funds to operate a head start program as prescribed in	19674
section 3301.35 of the Revised Code.	19675

Sec. 3301.33. (A) There is hereby established the Title IV-A	19676
head start program to provide head start program services to	19677
eligible individuals.	19678

(B) In accordance with the interagency agreement described in	19679
division (C) of this section, there is hereby established the	19680
Title IV-A head start plus program to provide year-long head start	19681
program services and child care services to eligible individuals.	19682

(C) The programs established under divisions (A) and (B) of	19683
this section shall be administered by the department of education	19684
in accordance with an interagency agreement entered into with the	19685
department of job and family services under section 5101.801 of	19686
the Revised Code. This interagency agreement shall establish the	19687
implementation date of the Title IV-A head start plus program,	19688
which is July 1, 2004. The programs shall provide Title IV-A	19689
services to eligible individuals who meet eligibility requirements	19690
established in rules and administrative orders adopted by the	19691
department of job and family services under Chapter 5104. of the	19692
Revised Code. The department of job and family services and the	19693
department of education jointly shall adopt policies and	19694
procedures establishing program requirements for eligibility,	19695
services, program administration, fiscal accountability, and other	19696
criteria necessary to comply with the provisions of Title IV-A of	19697
the "Social Security Act," 110 Stat. 2113, 42 U.S.C. 601 (1996),	19698
as amended.	19699

The department of education shall be responsible for	19700
approving all Title IV-A head start agencies and Title IV-A head	19701
start plus agencies for provision of services under the programs	19702
established under this section. An agency that is not approved by	19703
the department shall not be reimbursed for the cost of providing	19704
services under the programs.	19705

Sec. 3301.34. In administering the Title IV-A head start	19706
program established under division (A) of section 3301.33 of the	19707
Revised Code, the department of education shall enter into a	19708
contract with each Title IV-A head start agency establishing the	19709
terms and conditions applicable to the provision of Title IV-A	19710
services for eligible individuals. The contracts shall specify the	19711
respective duties of the Title IV-A head start agencies and the	19712
department of education, reporting requirements, eligibility	19713
requirements, reimbursement methodology, audit requirements, and	19714
other provisions determined necessary. The department of education	19715
shall reimburse the Title IV-A head start agencies for Title IV-A	19716
services provided to individuals determined eligible for Title	19717
IV-A services by the county department of job and family services	19718
in accordance with the terms of the contract, policies and	19719
procedures adopted by the department of education and the	19720
department of job and family services under section 3301.33 of the	19721
Revised Code, and the interagency agreement entered into by the	19722
departments.	19723

The department of education shall ensure that all	19724
reimbursements paid to a Title IV-A head start agency are only for	19725
Title IV-A services.	19726

The department of education shall ensure that all	19727
reimbursements paid to a Title IV-A head start agency are for only	19728
those individuals for Title IV-A services by the appropriate	19729
county department of job and family services, as provided for in	19730
section 3301.36 of the Revised Code.	19731

Sec. 3301.35. (A) In administering the Title IV-A head start	19732
plus program established under division (B) of section 3301.33,	19733
the department of education shall enter into a contract with each	19734
Title IV-A head start plus agency under which the department shall	19735
reimburse the agency for allowable expenses in connection to	19736
services provided to eligible individuals.	19737

(B) Each county department of job and family services shall	19738
assist the department of education in administering the program	19739
within its respective county in accordance with requirements	19740
established by the state department of job and family services	19741
under section 5101.801 of the Revised Code. The county department	19742
shall ensure that all reimbursements paid to a Title IV-A head	19743
start plus agency are for only Title IV-A services.	19744

The administration of the Title IV-A head start plus program	19745
by the county department shall include all of the following:	19746

(1) Determining eligibility of individuals and establishing	19747
co-payment requirements in accordance with rules adopted by the	19748
state department of job and family services;	19749

(2) Ensuring that any invoices from a Title IV-A head start	19750
plus agency comply with requirements of Title IV-A of the "Social	19751
Security Act," 110 Stat. 2113, 42 U.S.C. 601 (1996), as amended,	19752
including eligibility of individuals, reporting requirements,	19753
allowable benefits and services, use of funds, and audit	19754
requirements, as specified in state and federal laws and	19755
regulations, United States office of management and budget	19756
circulars, and the Title IV-A state plan;	19757

(3) Monitoring each Title IV-A head start plus agency that	19758
receives Title IV-A funds. The county department is responsible	19759
for assuring that all Title IV-A funds are used solely for	19760
purposes allowable under federal regulations, section 5101.801 of	19761
the Revised Code, and the Title IV-A state plan and shall take	19762
prompt action to recover funds that are not expended accordingly.	19763

(C) The department of education shall enter into contracts	19764
with only those agencies that have been approved by the department	19765
of education as a Title IV-A head start plus agency and that have	19766
been licensed in accordance with section 3301.37 of the Revised	19767
Code. Each contract entered into under this division shall specify	19768
all of the following:	19769

(1) Requirements applicable to the allowable use of and	19770
accountability for Title IV-A funds;	19771

(2) Requirements for access, inspection, and examination of	19772
the agency's financial and program records by the county	19773
department, the state department of job and family services, the	19774
department of education, the auditor of state, and any other state	19775
or federal agency with authority to inspect and examine such	19776
records;	19777

(3) Applicable audit requirements applicable to funds	19778
received under the contract;	19779

(4) Reporting requirements by and for the county department,	19780
the state department of job and family services, and the	19781
department of education;	19782

(5) Provisions for the department of education to suspend,	19783
modify, or terminate the contract if the department of education	19784
suspends or removes the agency from the list of approved Title	19785
IV-A head start plus agencies or if the state department of job	19786
and family services denies or revokes a license for the agency.	19787

Sec. 3301.36. Each county department of job and family	19788
services shall determine eligibility for Title IV-A services for	19789
individuals seeking Title IV-A services from a Title IV-A head	19790
start agency or Title IV-A head start plus agency.	19791

Sec. 3301.37. (A) Each entity operating a head start program	19792
shall be licensed or certified by the department of job and family	19793
services in accordance with Chapter 5104. of the Revised Code.	19794

(B) Notwithstanding division (A) of this section, any current	19795
license issued under section 3301.58 of the Revised Code by the	19796
department of education to an entity operating a head start	19797
program prior to the effective date of this section is hereby	19798
deemed to be a license issued by the department of job and family	19799
services under Chapter 5104. of the Revised Code. The expiration	19800
date of the license shall be the earlier of the expiration date	19801
specified in the license as issued under section 3301.58 of the	19802
Revised Code or September 1, 2005. In order to continue operation	19803
of its head start program after that expiration date, the entity	19804
shall obtain a license as prescribed in division (A) of this	19805
section.	19806

Sec. 3301.38. (A) The department of education shall adopt	19807
policies and procedures for the approval, suspension, and removal	19808
of Title IV-A head start and Title IV-A head start plus agencies	19809
from the approved list of providers.	19810

(B) If a head start program that received state funding prior	19811
to July 1, 2001, waives its right to state funding or has its	19812
state funding eliminated for not meeting financial standards or	19813
program performance standards, the grantee or delegates shall	19814
transfer control of title to property, equipment, and remaining	19815
supplies purchased with state funds to the department along with	19816
any reports prescribed by the department.	19817

(C) Title IV-A head start awards shall be distributed on a	19818
per-pupil basis, which the department may adjust so that the per	19819
pupil amount multiplied by the number of eligible children	19820
enrolled and receiving services, as defined by the department of	19821
education, reported on the first day of December or the first	19822
business day following that date equals the amount allocated.	19823

(D) The department of education shall prescribe the	19824
assessment instrument and determine target levels for critical	19825
performance indicators for the purpose of assessing Title IV-A	19826
head start and Title IV-A head start plus agencies. Onsite reviews	19827
and follow-up visits shall be based on progress in meeting the	19828
prescribed target levels.	19829

(E) The department of education shall require Title IV-A head	19830
start and Title IV-A head start plus agencies to:	19831

(1) Address federal head start education and assessment	19832
performance standards, as required by 45 C.F.R. 1304.20 to 1304.41	19833
and the Ohio department of education pre-kindergarten math and	19834
literacy content standards;	19835

(2) Comply with the department of education prescribed	19836
assessment requirements that are aligned with the assessment	19837
system for kindergarten through twelfth grade;	19838

(3) Comply with federal head start performance standards for	19839
comprehensive services in health, nutrition, mental health, family	19840
partnership, and social services as required by 45 C.F.R. 1304.20	19841
to 1304.41;	19842

(4) Require teachers to attend a minimum of twenty hours of	19843
professional development as prescribed by the department of	19844
education regarding the implementation of content standards and	19845
assessment; and	19846

(5) Document and report child progress using research-based	19847
indicators as prescribed by the department.	19848

(F) Costs for developing and administering a Title IV-A head	19849
start or Title IV-A head start plus program may not exceed fifteen	19850
percent of the total approved costs of the program.	19851

(G) In consultation with the department of job and family	19852
services, the department of education shall establish program	19853
requirements for Title IV-A head start and Title IV-A head start	19854
plus agencies.	19855

(H) The department of education may examine the financial and	19856
program records of Title IV-A head start agencies and Title IV-A	19857
head start plus agencies. The department of education shall	19858
monitor these agencies to ensure that all Title IV-A funds are	19859
used solely for purposes allowable under federal regulations,	19860
section 5101.801 of the Revised Code, and the Title IV-A state	19861
plan and shall take prompt action to recover funds that are not	19862
expended accordingly. The department of job and family services	19863
may examine the financial records of Title IV-A head start	19864
agencies and Title IV-A head start plus agencies.	19865

(I)(1) A Title IV-A head start agency or Title IV-A head	19866
start plus agency shall propose and implement a corrective action	19867
plan that has been approved by the department of education when	19868
the department determines either of the following:	19869

(a) The financial practices of the Title IV-A head start	19870
agency are not in accordance with standard accounting principles	19871
and federal requirements or do not meet financial standards	19872
required in the contract as specified under division (C) of	19873
section 3301.35 of the Revised Code;	19874

(b) The Title IV-A head start or Title IV-A head start plus	19875
agency fails to substantially meet the head start performance	19876
standards or exhibits below average performance as measured	19877
against the performance indicators.	19878

(2) The approved corrective action plan shall be signed by	19879
the appropriate official and agency governance body.	19880

(3) The corrective action plan shall include a schedule of	19881
monitoring by the department of education. This monitoring may	19882
include monthly reports, inspections, a timeline for correction of	19883
deficiencies, and technical assistance to be provided by the	19884
department or obtained by the Title IV-A head start agency or	19885
Title IV-A head start plus agency. The department may withhold	19886
funding to a Title IV-A head start agency or a Title IV-A head	19887
start plus agency.	19888

(4) If a Title IV-A head start agency or a Title IV-A head	19889
start plus agency fails to satisfactorily complete a corrective	19890
action, the department may suspend or terminate part or all of the	19891
funding to the agency and may remove the agency from the approved	19892
list.	19893

(J) The department shall provide technical assistance to	19894
Title IV-A head start agencies in administering Title IV-A head	19895
start programs and to Title IV-A head start plus agencies and	19896
child care partners in administering head start plus programs.	19897

~~Sec. 3301.33.~~ Sec. 3301.40. (A) As used in this section, "adult	19898
education" has the meaning as established under the "adult	19899
education act," 102 Stat. 302 (1988), 20 U.S.C. 1201a(2), as	19900
amended.	19901

(B) Beginning July 1, 1996, the department of education may	19902
distribute state funds to organizations that quality for federal	19903
funds under the "Adult Education Act," 102 Stat. 302 (1988), 20	19904
1201 to 1213d, as amended. The funds shall be used by qualifying	19905
organizations to provide adult education services. State funds	19906
distributed pursuant to this section shall be distributed in	19907
accordance with the rules adopted by the state board of education	19908
pursuant to this section.	19909

Each organization that receives funds under this section	19910
shall file program performance reports with the department. The	19911
reports shall be filed at times required by state board of	19912
education rule and contain assessments of individual students as	19913
they enter, progress through, and exit the adult education	19914
program; records regarding individual student program	19915
participation time; reports of individual student retention rates;	19916
and any other information required by rule.	19917

(C) The state board of education shall adopt rules for the	19918
distribution of funds under this section. The rules shall include	19919
the following:	19920

(1) Requirements for program performance reports.

19921

(2) Indicators of adult education program quality, including	19922
indicators of learner achievement, program environment, program	19923
planning, curriculum and instruction, staff development, support	19924
services, and recruitment and retention.	19925

(3) A formula for the distribution of funds under this	19926
section. The formula shall include as a factor an organization's	19927
quantifiable success in meeting the indicators of program quality	19928
established pursuant to division (C)(2) of this section.	19929

(4) Standards and procedures for reducing or discontinuing	19930
funding to organizations that fail to meet the requirements of	19931
this section.	19932

(5) Any other requirements or standards considered	19933
appropriate by the board.	19934

Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the	19935
Revised Code:	19936

(A) "Preschool program" means either of the following:

19937

(1) A child day-care program for preschool children that is	19938
operated by a school district board of education,or an eligible	19939
nonpublic school~~, a head start grantee, or a head start delegate~~	19940
~~agency~~.	19941

(2) A child day-care program for preschool children age three	19942
or older that is operated by a county MR/DD board.	19943

(B) "Preschool child" or "child" means a child who has not	19944
entered kindergarten and is not of compulsory school age.	19945

(C) "Parent, guardian, or custodian" means the person or	19946
government agency that is or will be responsible for a child's	19947
school attendance under section 3321.01 of the Revised Code.	19948

(D) "Superintendent" means the superintendent of a school	19949
district or the chief administrative officer of an eligible	19950
nonpublic school.	19951

(E) "Director" means the director, head teacher, elementary	19952
principal, or site administrator who is the individual on site and	19953
responsible for supervision of a preschool program.	19954

(F) "Preschool staff member" means a preschool employee whose	19955
primary responsibility is care, teaching, or supervision of	19956
preschool children.	19957

(G) "Nonteaching employee" means a preschool program or	19958
school child program employee whose primary responsibilities are	19959
duties other than care, teaching, and supervision of preschool	19960
children or school children.	19961

(H) "Eligible nonpublic school" means a nonpublic school	19962
chartered as described in division (B)(8) of section 5104.02 of	19963
the Revised Code or chartered by the state board of education for	19964
any combination of grades one through twelve, regardless of	19965
whether it also offers kindergarten.	19966

(I) "County MR/DD board" means a county board of mental	19967
retardation and developmental disabilities.	19968

(J) "School child program" means a child day-care program for	19969
only school children that is operated by a school district board	19970
of education, county MR/DD board, or eligible nonpublic school.	19971

(K) "School child" and "child day-care" have the same	19972
meanings as in section 5104.01 of the Revised Code.	19973

(L) "School child program staff member" means an employee	19974
whose primary responsibility is the care, teaching, or supervision	19975
of children in a school child program.	19976

~~(M) "Head start" means a program operated in accordance with~~	19977
~~subchapter II of the "Community Economic Development Act," 95~~	19978
~~Stat. 489 (1981), 42 U.S.C. 9831, and amendments thereto.~~	19979

Sec. 3301.53. (A) Not later than July 1, 1988, the state	19980
board of education, in consultation with the director of job and	19981
family services, shall formulate and prescribe by rule adopted	19982
under Chapter 119. of the Revised Code minimum standards to be	19983
applied to preschool programs operated by school district boards	19984
of education, county MR/DD boards, or eligible nonpublic schools,	19985
~~head start grantees, and head start delegate agencies~~. The rules	19986
shall include the following:	19987

(1) Standards ensuring that the preschool program is located	19988
in a safe and convenient facility that accommodates the enrollment	19989
of the program, is of the quality to support the growth and	19990
development of the children according to the program objectives,	19991
and meets the requirements of section 3301.55 of the Revised Code;	19992

(2) Standards ensuring that supervision, discipline, and	19993
programs will be administered according to established objectives	19994
and procedures;	19995

(3) Standards ensuring that preschool staff members and	19996
nonteaching employees are recruited, employed, assigned,	19997
evaluated, and provided inservice education without discrimination	19998
on the basis of age, color, national origin, race, or sex; and	19999
that preschool staff members and nonteaching employees are	20000
assigned responsibilities in accordance with written position	20001
descriptions commensurate with their training and experience;	20002

(4) A requirement that boards of education intending to	20003
establish a preschool program on or after March 17, 1989,	20004
demonstrate a need for a preschool program that is not being met	20005
by any existing program providing child day-care, prior to	20006
establishing the program;	20007

(5) Requirements that children participating in preschool	20008
programs have been immunized to the extent considered appropriate	20009
by the state board to prevent the spread of communicable disease;	20010

(6) Requirements that the parents of preschool children	20011
complete the emergency medical authorization form specified in	20012
section 3313.712 of the Revised Code.	20013

(B) The state board of education in consultation with the	20014
director of job and family services shall ensure that the rules	20015
adopted by the state board under sections 3301.52 to 3301.58 of	20016
the Revised Code are consistent with and meet or exceed the	20017
requirements of Chapter 5104. of the Revised Code with regard to	20018
child day-care centers. The state board and the director of job	20019
and family services shall review all such rules at least once	20020
every five years.	20021

(C) On or before January 1, 1992, the state board of	20022
education, in consultation with the director of job and family	20023
services, shall adopt rules for school child programs that are	20024
consistent with and meet or exceed the requirements of the rules	20025
adopted for school child day-care centers under Chapter 5104. of	20026
the Revised Code.	20027

Sec. 3301.54. (A)(1) Each preschool program shall be	20028
directed and supervised by a director, a head teacher, an	20029
elementary principal, or a site administrator who is on site and	20030
responsible for supervision of the program. Except as otherwise	20031
provided in division (A)(2), (3), or (4) of this section, this	20032
person shall hold a valid educator license designated as	20033
appropriate for teaching or being an administrator in a preschool	20034
setting issued pursuant to section 3319.22 of the Revised Code and	20035
have completed at least four courses in child development or early	20036
childhood education from an accredited college, university, or	20037
technical college.	20038

(2) If the person was employed prior to July 1, 1988, by a	20039
school district board of education or an eligible nonpublic school	20040
to direct a preschool program, the person shall be considered to	20041
meet the requirements of this section if the person holds a valid	20042
kindergarten-primary certificate described under former division	20043
(A) of section 3319.22 of the Revised Code as it existed on	20044
January 1, 1996.	20045

(3) If the person is employed to direct a preschool program	20046
operated by an eligible, nontax-supported, nonpublic school, the	20047
person shall be considered to meet the requirements of this	20048
section if the person holds a valid teaching certificate issued in	20049
accordance with section 3301.071 of the Revised Code.	20050

~~(4) If the person is a site administrator for a head start~~	20051
~~grantee or head start delegate agency, the person shall be~~	20052
~~considered to meet the requirements of this section if the person~~	20053
~~provides evidence that the person has attained at least a high~~	20054
~~school diploma or certification of high school equivalency issued~~	20055
~~by the state board of education or a comparable agency of another~~	20056
~~state, and that the person meets at least one of the following~~	20057
~~requirements:~~	20058

~~(a) Two years of experience working as a child-care staff~~	20059
~~member in a child day-care center or preschool program and at~~	20060
~~least four courses in child development or early childhood~~	20061
~~education from an accredited college, university, or technical~~	20062
~~college, except that a person who has two years of experience~~	20063
~~working as a child-care staff member in a particular day-care~~	20064
~~center or preschool program and who has been promoted to or~~	20065
~~designated director shall have one year from the time the person~~	20066
~~was promoted or designated to complete the required four courses;~~	20067

~~(b) Two years of training in an accredited college,~~	20068
~~university, or technical college that includes at least four~~	20069
~~courses in child development or early childhood education;~~	20070

~~(c) A child development associate credential issued by the~~	20071
~~national child development associate credentialing commission;~~	20072

~~(d) An associate or higher degree in child development or~~	20073
~~early childhood education from an accredited college, university,~~	20074
~~or technical college.~~	20075

(B) Each preschool staff member shall be at least eighteen	20076
years of age and have a high school diploma or a certification of	20077
high school equivalency issued by the state board of education or	20078
a comparable agency of another state, except that a staff member	20079
may be less than eighteen years of age if the staff member is a	20080
graduate of a two-year vocational child-care training program	20081
approved by the state board of education, or is a student enrolled	20082
in the second year of such a program that leads to high school	20083
graduation, provided that the student performs duties in the	20084
preschool program under the continuous supervision of an	20085
experienced preschool staff member and receives periodic	20086
supervision from the vocational child-care training program	20087
teacher-coordinator in the student's high school.	20088

A preschool staff member shall annually complete fifteen	20089
hours of inservice training in child development or early	20090
childhood education, child abuse recognition and prevention, and	20091
first aid, and in the prevention, recognition, and management of	20092
communicable diseases, until a total of forty-five hours has been	20093
completed, unless the staff member holds an associate or higher	20094
degree in child development or early childhood education from an	20095
accredited college, university, or technical college, or any type	20096
of educator license designated as appropriate for teaching in an	20097
associate teaching position in a preschool setting issued by the	20098
state board of education pursuant to section 3319.22 of the	20099
Revised Code.	20100

Sec. 3301.55. (A) A school district, county MR/DD board, or	20101
eligible nonpublic school~~, head start grantee, or head start~~	20102
~~delegate agency~~ operating a preschool program shall house the	20103
program in buildings that meet the following requirements:	20104

(1) The building is operated by the district, county MR/DD	20105
board, or eligible nonpublic school~~, head start grantee, or head~~	20106
~~start delegate agency~~ and has been approved by the division of	20107
industrial compliance in the department of commerce or a certified	20108
municipal, township, or county building department for the purpose	20109
of operating a program for preschool children. Any such structure	20110
shall be constructed, equipped, repaired, altered, and maintained	20111
in accordance with applicable provisions of Chapters 3781. and	20112
3791. and with rules adopted by the board of building standards	20113
under Chapter 3781. of the Revised Code for the safety and	20114
sanitation of structures erected for this purpose.	20115

(2) The building is in compliance with fire and safety laws	20116
and regulations as evidenced by reports of annual school fire and	20117
safety inspections as conducted by appropriate local authorities.	20118

(3) The school is in compliance with rules established by the	20119
state board of education regarding school food services.	20120

(4) The facility includes not less than thirty-five square	20121
feet of indoor space for each child in the program. Safe play	20122
space, including both indoor and outdoor play space, totaling not	20123
less than sixty square feet for each child using the space at any	20124
one time, shall be regularly available and scheduled for use.	20125

(5) First aid facilities and space for temporary placement or	20126
isolation of injured or ill children are provided.	20127

(B) Each school district, county MR/DD board, or eligible	20128
nonpublic school~~, head start grantee, or head start delegate~~	20129
~~agency~~ that operates, or proposes to operate, a preschool program	20130
shall submit a building plan including all information specified	20131
by the state board of education to the board not later than the	20132
first day of September of the school year in which the program is	20133
to be initiated. The board shall determine whether the buildings	20134
meet the requirements of this section and section 3301.53 of the	20135
Revised Code, and notify the superintendent of its determination.	20136
If the board determines, on the basis of the building plan or any	20137
other information, that the buildings do not meet those	20138
requirements, it shall cause the buildings to be inspected by the	20139
department of education. The department shall make a report to the	20140
superintendent specifying any aspects of the building that are not	20141
in compliance with the requirements of this section and section	20142
3301.53 of the Revised Code and the time period that will be	20143
allowed the district, county MR/DD board, or school~~, grantee, or~~	20144
~~agency~~ to meet the requirements.	20145

Sec. 3301.57. (A) For the purpose of improving programs,	20146
facilities, and implementation of the standards promulgated by the	20147
state board of education under section 3301.53 of the Revised	20148
Code, the state department of education shall provide consultation	20149
and technical assistance to school districts, county MR/DD boards,	20150
and eligible nonpublic schools~~, head start grantees, and head~~	20151
~~start delegate agencies~~ operating preschool programs or school	20152
child programs, and inservice training to preschool staff members,	20153
school child program staff members, and nonteaching employees.	20154

(B) The department and the school district board of	20155
education, county MR/DD board, or eligible nonpublic school~~, head~~	20156
~~start grantee, or head start delegate agency~~ shall jointly monitor	20157
each preschool program and each school child program.	20158

If the program receives any grant or other funding from the	20159
state or federal government, the department annually shall monitor	20160
all reports on attendance, financial support, and expenditures	20161
according to provisions for use of the funds.	20162

(C) ~~The department of job and family services and the~~	20163
~~department of education shall enter into a contract pursuant to~~	20164
~~which the department of education inspects preschool programs and~~	20165
~~school child programs in accordance with sections 3301.52 to~~	20166
~~3301.59 of the Revised Code, the rules adopted under those~~	20167
~~sections, and any applicable procedures in Chapter 5104. of the~~	20168
~~Revised Code and investigates any complaints filed pursuant to~~	20169
~~those sections or rules. The contract shall require the department~~	20170
~~of job and family services to pay the department of education for~~	20171
~~conducting the inspections and investigations an amount equal to~~	20172
~~the amount that the department of job and family services would~~	20173
~~expend conducting the same number of inspections and~~	20174
~~investigations with its employees under Chapter 5104. of the~~	20175
~~Revised Code.~~	20176

~~(D)~~ The department of education, at least twice during every	20177
twelve-month period of operation of a preschool program or a	20178
licensed school child program, shall inspect the program and	20179
provide a written inspection report to the superintendent of the	20180
school district, county MR/DD board, or eligible nonpublic school,	20181
~~head start grantee, or head start delegate agency~~. At least one	20182
inspection shall be unannounced, and all inspections may be	20183
unannounced. No person shall interfere with any inspection	20184
conducted pursuant to this division or to the rules adopted	20185
pursuant to sections 3301.52 to 3301.59 of the Revised Code.	20186

Upon receipt of any complaint that a preschool program or a	20187
licensed school child program is out of compliance with the	20188
requirements in sections 3301.52 to 3301.59 of the Revised Code or	20189
the rules adopted under those sections, the department shall	20190
investigate and may inspect the program.	20191

~~(E)~~(D) If a preschool program or a licensed school child	20192
program is determined to be out of compliance with the	20193
requirements of sections 3301.52 to 3301.59 of the Revised Code or	20194
the rules adopted under those sections, the department of	20195
education shall notify the appropriate superintendent, county	20196
MR/DD board, or eligible nonpublic school~~, head start grantee, or~~	20197
~~head start delegate agency~~ in writing regarding the nature of the	20198
violation, what must be done to correct the violation, and by what	20199
date the correction must be made. If the correction is not made by	20200
the date established by the department, it may commence action	20201
under Chapter 119. of the Revised Code to close the program or to	20202
revoke the license of the program. If a program does not comply	20203
with an order to cease operation issued in accordance with Chapter	20204
119. of the Revised Code, the department shall notify the attorney	20205
general, the prosecuting attorney of the county in which the	20206
program is located, or the city attorney, village solicitor, or	20207
other chief legal officer of the municipal corporation in which	20208
the program is located that the program is operating in violation	20209
of sections 3301.52 to 3301.59 of the Revised Code or the rules	20210
adopted under those sections and in violation of an order to cease	20211
operation issued in accordance with Chapter 119. of the Revised	20212
Code. Upon receipt of the notification, the attorney general,	20213
prosecuting attorney, city attorney, village solicitor, or other	20214
chief legal officer shall file a complaint in the court of common	20215
pleas of the county in which the program is located requesting the	20216
court to issue an order enjoining the program from operating. The	20217
court shall grant the requested injunctive relief upon a showing	20218
that the program named in the complaint is operating in violation	20219
of sections 3301.52 to 3301.59 of the Revised Code or the rules	20220
adopted under those sections and in violation of an order to cease	20221
operation issued in accordance with Chapter 119. of the Revised	20222
Code.	20223

~~(F)~~(E) The department of education shall prepare an annual	20224
report on inspections conducted under this section. The report	20225
shall include the number of inspections conducted, the number and	20226
types of violations found, and the steps taken to address the	20227
violations. The department shall file the report with the	20228
governor, the president and minority leader of the senate, and the	20229
speaker and minority leader of the house of representatives on or	20230
before the first day of January of each year, beginning in 1999.	20231

Sec. 3301.58. (A) The department of education is responsible	20232
for the licensing of preschool programs and school child programs	20233
and for the enforcement of sections 3301.52 to 3301.59 of the	20234
Revised Code and of any rules adopted under those sections. No	20235
school district board of education, county MR/DD board, or	20236
eligible nonpublic school~~, head start grantee, or head start~~	20237
~~delegate agency~~ shall operate, establish, manage, conduct, or	20238
maintain a preschool program without a license issued under this	20239
section. A school district board of education, county MR/DD board,	20240
or eligible nonpublic school may obtain a license under this	20241
section for a school child program. The school district board of	20242
education, county MR/DD board, or eligible nonpublic school~~, head~~	20243
~~start grantee, or head start delegate agency~~ shall post the	20244
current license for each preschool program and licensed school	20245
child program it operates, establishes, manages, conducts, or	20246
maintains in a conspicuous place in the preschool program or	20247
licensed school child program that is accessible to parents,	20248
custodians, or guardians and employees and staff members of the	20249
program at all times when the program is in operation.	20250

(B) Any school district board of education, county MR/DD	20251
board, or eligible nonpublic school~~, head start grantee, or head~~	20252
~~start delegate agency~~ that desires to operate, establish, manage,	20253
conduct, or maintain a preschool program shall apply to the	20254
department of education for a license on a form that the	20255
department shall prescribe by rule. Any school district board of	20256
education, county MR/DD board, or eligible nonpublic school that	20257
desires to obtain a license for a school child program shall apply	20258
to the department for a license on a form that the department	20259
shall prescribe by rule. The department shall provide at no charge	20260
to each applicant for a license under this section a copy of the	20261
requirements under sections 3301.52 to 3301.59 of the Revised Code	20262
and any rules adopted under those sections. The department shall	20263
mail application forms for the renewal of a license at least one	20264
hundred twenty days prior to the date of the expiration of the	20265
license, and the application for renewal of a license shall be	20266
filed with the department at least sixty days before the date of	20267
the expiration of the existing license. The department may	20268
establish application fees by rule adopted under Chapter 119. of	20269
the Revised Code, and all applicants for a license shall pay any	20270
fee established by the department at the time of making an	20271
application for a license. All fees collected pursuant to this	20272
section shall be paid into the state treasury to the credit of the	20273
general revenue fund.	20274

(C) Upon the filing of an application for a license, the	20275
department of education shall investigate and inspect the	20276
preschool program or school child program to determine the license	20277
capacity for each age category of children of the program and to	20278
determine whether the program complies with sections 3301.52 to	20279
3301.59 of the Revised Code and any rules adopted under those	20280
sections. When, after investigation and inspection, the department	20281
of education is satisfied that sections 3301.52 to 3301.59 of the	20282
Revised Code and any rules adopted under those sections are	20283
complied with by the applicant, the department of education shall	20284
issue the program a provisional license as soon as practicable in	20285
the form and manner prescribed by the rules of the department. The	20286
provisional license shall be valid for six months from the date of	20287
issuance unless revoked.	20288

(D) The department of education shall investigate and inspect	20289
a preschool program or school child program that has been issued a	20290
provisional license at least once during operation under the	20291
provisional license. If, after the investigation and inspection,	20292
the department of education determines that the requirements of	20293
sections 3301.52 to 3301.59 of the Revised Code and any rules	20294
adopted under those sections are met by the provisional licensee,	20295
the department of education shall issue a license that is	20296
effective for two years from the date of the issuance of the	20297
provisional license.	20298

(E) Upon the filing of an application for the renewal of a	20299
license by a preschool program or school child program, the	20300
department of education shall investigate and inspect the	20301
preschool program or school child program. If the department of	20302
education determines that the requirements of sections 3301.52 to	20303
3301.59 of the Revised Code and any rules adopted under those	20304
sections are met by the applicant, the department of education	20305
shall renew the license for two years from the date of the	20306
expiration date of the previous license.	20307

(F) The license or provisional license shall state the name	20308
of the school district board of education, county MR/DD board, or	20309
eligible nonpublic school~~, head start grantee, or head start~~	20310
~~delegate agency~~ that operates the preschool program or school	20311
child program and the license capacity of the program. The license	20312
shall include any other information required by section 5104.03 of	20313
the Revised Code for the license of a child day-care center.	20314

(G) The department of education may revoke the license of any	20315
preschool program or school child program that is not in	20316
compliance with the requirements of sections 3301.52 to 3301.59 of	20317
the Revised Code and any rules adopted under those sections.	20318

(H) If the department of education revokes a license or	20319
refuses to renew a license to a program, the department shall not	20320
issue a license to the program within two years from the date of	20321
the revocation or refusal. All actions of the department with	20322
respect to licensing preschool programs and school child programs	20323
shall be in accordance with Chapter 119. of the Revised Code.	20324

Sec. 3301.68. There is hereby created the legislative	20325
committee on education oversight as a subcommittee of the	20326
legislative service commission. The committee shall consist of	20327
five members of the house of representatives appointed by the	20328
speaker of the house of representatives and five members of the	20329
senate appointed by the president of the senate. Not more than	20330
three of the members appointed from each house shall be members of	20331
the same political party. Members shall serve during the term of	20332
office to which they were elected.	20333

The committee, subject to the oversight and direction of the	20334
legislative service commission, shall direct the work of the	20335
legislative office of education oversight, which is hereby	20336
established. The committee may employ a staff director and such	20337
other staff as are necessary for the operation of the office, who	20338
shall be in the unclassified service of the state, and may	20339
contract for the services of whatever technical advisors are	20340
necessary for the committee and the office to carry out their	20341
duties.	20342

The chairperson and vice-chairperson of the legislative	20343
service commission shall fix the compensation of the director. The	20344
director, with the approval of the director of the legislative	20345
service commission, shall fix the compensation of other staff of	20346
the office in accordance with a salary schedule established by the	20347
director of the legislative service commission. Contracts for the	20348
services of necessary technical advisors shall be approved by the	20349
director of the legislative service commission.	20350

All expenses incurred by the committee or office shall be	20351
paid upon vouchers approved by the chairperson of the committee.	20352
The committee shall adopt rules for the conduct of its business	20353
and the election of officers, except that the office of	20354
chairperson of the committee shall alternate each general assembly	20355
between a member of the house of representatives selected by the	20356
speaker and a member of the senate selected by the president.	20357

The committee shall select, for the office to review and	20358
evaluate, education and school-related programs that receive state	20359
financial assistance in any form. The reviews and evaluations may	20360
include any of the following:	20361

(A) Assessment of the uses school districts and institutions	20362
of higher education make of state money they receive and	20363
determination of the extent to which such money improves school	20364
district or institutional performance in the areas for which the	20365
money was intended to be used;	20366

(B) Determination of whether an education program meets its	20367
intended goals, has adequate operating or administrative	20368
procedures and fiscal controls, encompasses only authorized	20369
activities, has any undesirable or unintended effects, and is	20370
efficiently managed;	20371

(C) Examination of various pilot programs developed and	20372
initiated in school districts and at state-assisted colleges and	20373
universities to determine whether such programs suggest	20374
innovative, effective ways to deal with problems that may exist in	20375
other school districts or state-assisted colleges or universities,	20376
and to assess the fiscal costs and likely impact of adopting such	20377
programs throughout the state or in other state-assisted colleges	20378
and universities.	20379

The committee shall report the results of each program review	20380
the office conducts to the general assembly.	20381

If the general assembly directs the legislative office of	20382
education oversight to submit a study to the general assembly by a	20383
particular date, the committee has the authority to modify the	20384
scope and due date of the study to accommodate the availability of	20385
data and resources.	20386

Sec. 3301.80. (A) There is hereby created the Ohio SchoolNet	20387
commission as an independent agency. The commission shall	20388
administer programs to provide financial and other assistance to	20389
school districts and other educational institutions for the	20390
acquisition and utilization of educational technology.	20391

The commission is a body corporate and politic, an agency of	20392
the state performing essential governmental functions of the	20393
state.	20394

(B)(1) The commission shall consist of ~~eleven~~thirteen	20395
members, ~~seven~~nine of whom are voting members. Of the voting	20396
members, one shall be appointed by the speaker of the house of	20397
representatives ~~and~~, one shall be appointed by the president of	20398
the senate, and two shall be appointed by the governor. The	20399
members appointed by the speaker of the house and the president of	20400
the senate shall not be members of the general assembly. The state	20401
superintendent of public instruction or a designee of the	20402
superintendent, the director of budget and management or a	20403
designee of the director, the director of administrative services	20404
or a designee of the director, the chairperson of the public	20405
utilities commission or a designee of the chairperson, and the	20406
director of the Ohio educational telecommunications network	20407
commission or a designee of the director shall serve on the	20408
commission as ex officio voting members. Of the nonvoting members,	20409
two shall be members of the house of representatives appointed by	20410
the speaker of the house and two shall be members of the senate	20411
appointed by the president of the senate. The members appointed	20412
from each house shall not be members of the same political party.	20413
The commission shall appoint officers from among its members.	20414

(2) The members shall serve without compensation. The voting	20415
members appointed by the speaker of the house of representatives	20416
~~and~~, the president of the senate, and the governor shall be	20417
reimbursed, pursuant to office of budget and management	20418
guidelines, for necessary expenses incurred in the performance of	20419
official duties.	20420

(3) The terms of office for the members appointed by the	20421
speaker of the house ~~and~~, the president of the senate, and the	20422
governor shall be for two years, with each term ending on the same	20423
day of the same month as did the term that it succeeds, except	20424
that the voting members so appointed may be removed at ~~anytime~~any	20425
time by their respective appointing authority. The members	20426
appointed by the speaker of the house ~~and~~, the president of the	20427
senate, and the governor may be reappointed. Any member appointed	20428
from the house of representatives or senate who ceases to be a	20429
member of the legislative house from which the member was	20430
appointed shall cease to be a member of the commission. Vacancies	20431
among appointed members shall be filled in the manner provided for	20432
original appointments. Any member appointed to fill a vacancy	20433
occurring prior to the expiration date of the term for which a	20434
predecessor was appointed shall hold office as a member for the	20435
remainder of that term. The members appointed by the speaker of	20436
the house ~~and~~, the president of the senate, and the governor shall	20437
continue in office subsequent to the expiration date of that	20438
member's term until a successor takes office or until a period of	20439
sixty days has elapsed, whichever occurs first.	20440

(C)(1) The commission shall be under the supervision of an	20441
executive director who shall be appointed by the commission. The	20442
executive director shall serve at the pleasure of the commission	20443
and shall direct commission employees in the administration of all	20444
programs for the provision of financial and other assistance to	20445
school districts and other educational institutions for the	20446
acquisition and utilization of educational technology.	20447

(2) The employees of the Ohio SchoolNet commission shall be	20448
placed in the unclassified service. The commission shall fix the	20449
compensation of the executive director. The executive director	20450
shall employ and fix the compensation for such employees as	20451
necessary to facilitate the activities and purposes of the	20452
commission. The employees shall serve at the pleasure of the	20453
executive director.	20454

(3) The employees of the Ohio SchoolNet commission shall be	20455
exempt from Chapter 4117. of the Revised Code and shall not be	20456
public employees as defined in section 4117.01 of the Revised	20457
Code.	20458

(D) The Ohio SchoolNet commission shall do all of the	20459
following:	20460

(1) Make grants to institutions and other organizations as	20461
prescribed by the general assembly for the provision of technical	20462
assistance, professional development, and other support services	20463
to enable school districts, community schools established under	20464
Chapter 3314. of the Revised Code, and other educational	20465
institutions to utilize educational technology;	20466

(2) Contract with the department of education, state	20467
institutions of higher education, private nonprofit institutions	20468
of higher education holding certificates of authorization under	20469
section 1713.02 of the Revised Code, and such other public or	20470
private entities as the executive director deems necessary for the	20471
administration and implementation of the programs under the	20472
commission's jurisdiction;	20473

(3) Establish a reporting system to which school districts,	20474
community schools established under Chapter 3314. of the Revised	20475
Code, and other educational institutions receiving financial	20476
assistance pursuant to this section for the acquisition of	20477
educational technology report information as to the manner in	20478
which such assistance was expended, the manner in which the	20479
equipment or services purchased with the assistance is being	20480
utilized, the results or outcome of this utilization, and other	20481
information as may be required by the commission;	20482

(4) Establish necessary guidelines governing purchasing and	20483
procurement by participants in programs administered by the	20484
commission that facilitate the timely and effective implementation	20485
of such programs;	20486

(5) Take into consideration the efficiency and cost savings	20487
of statewide procurement prior to allocating and releasing funds	20488
for any programs under its administration.	20489

(E)(1) The executive director shall implement policies and	20490
directives issued by the Ohio SchoolNet commission.	20491

(2) The Ohio SchoolNet commission may establish a systems	20492
support network to facilitate the timely implementation of the	20493
programs, projects, or activities for which it provides	20494
assistance.	20495

(3) Chapters 123., 124., 125., and 153., and sections 9.331,	20496
9.332, and 9.333 of the Revised Code do not apply to contracts,	20497
programs, projects, or activities of the Ohio SchoolNet	20498
commission.	20499

Sec. 3302.03. (A) Annually the department of education shall	20500
report for each school district the extent to which it meets each	20501
of the performance indicators created by the state board of	20502
education under section 3302.02 of the Revised Code and shall	20503
specify for each such district the number of performance	20504
indicators that have been achieved and whether the district is an	20505
excellent school district, an effective school district, needs	20506
continuous improvement, is under an academic watch, or is in a	20507
state of academic emergency.	20508

When possible, the department shall also determine for each	20509
school building in a district the extent to which it meets any of	20510
the performance indicators applicable to the grade levels of the	20511
students in that school building and whether the school building	20512
is an excellent school, an effective school, needs continuous	20513
improvement, is under an academic watch, or is in a state of	20514
academic emergency.	20515

(B) If the state board establishes seventeen performance	20516
indicators applicable to a school district or building under	20517
section 3302.02 of the Revised Code:	20518

(1) A school district or building shall be declared excellent	20519
if it meets at least sixteen of the applicable state performance	20520
indicators.	20521

(2) A school district or building shall be declared effective	20522
if it meets thirteen through fifteen of the applicable state	20523
performance indicators.	20524

(3) A school district or building shall be declared to be in	20525
need of continuous improvement if it meets more than eight but	20526
less than thirteen of the applicable state performance indicators.	20527

(4) A school district or building shall be declared to be	20528
under an academic watch if it meets more than five but not more	20529
than eight of the applicable state performance indicators.	20530

(5) A school district or building shall be declared to be in	20531
a state of academic emergency if it does not meet more than five	20532
of the applicable state performance indicators.	20533

(C) If the state board establishes more than seventeen	20534
performance indicators under section 3302.02 of the Revised Code,	20535
or if less than seventeen performance indicators are applicable to	20536
a school building, the state board shall establish the number of	20537
indicators that must be met in order for a district or building to	20538
be designated as excellent, effective, needs continuous	20539
improvement, is under an academic watch, or is in a state of	20540
academic emergency. The number established for each such category	20541
under this division shall bear a similar relationship to the total	20542
number of indicators as the number of indicators required for the	20543
respective categories stated in division (B) of this section bears	20544
to seventeen.	20545

(D)(1) The department shall issue annual report cards for	20546
each school district, each building within each district, and for	20547
the state as a whole reflecting performance on the indicators	20548
created by the state board under section 3302.02 of the Revised	20549
Code.	20550

(2) The department shall include on the report card for each	20551
district information pertaining to any change from the previous	20552
year made by the school district or school buildings within the	20553
district on any performance indicator.	20554

(3) When reporting data on student performance, the	20555
department shall disaggregate that data according to the following	20556
categories:	20557

(a) Performance of students by age group;

20558

(b) Performance of students by race and ethnic group;

20559

20560

(d) Performance of students grouped by those who have been	20561
enrolled in a district or school for three or more years;	20562

(e) Performance of students grouped by those who have been	20563
enrolled in a district or school for more than one year and less	20564
than three years;	20565

(f) Performance of students grouped by those who have been	20566
enrolled in a district or school for one year or less;	20567

(g) ~~Performance of students grouped by those who are~~	20568
~~classified as vocational education students pursuant to guidelines~~	20569
~~adopted by the department for purposes of this division;~~	20570

~~(h)~~ Performance of students grouped by those who are	20571
economically disadvantaged, to the extent that such data is	20572
available from the education management information system	20573
established under section 3301.0714 of the Revised Code;	20574

~~(i)~~(h) Performance of students grouped by those who are	20575
enrolled in a conversion community school established under	20576
Chapter 3314. of the Revised Code.	20577

The department may disaggregate data on student performance	20578
according to other categories that the department determines are	20579
appropriate.	20580

In reporting data pursuant to division (D)(3) of this	20581
section, the department shall not include in the report cards any	20582
data statistical in nature that is statistically unreliable or	20583
that could result in the identification of individual students.	20584

(4) The department may include with the report cards any	20585
additional education and fiscal performance data it deems	20586
valuable.	20587

(5) The department shall include on each report card a list	20588
of additional information collected by the department that is	20589
available regarding the district or building for which the report	20590
card is issued. When available, such additional information shall	20591
include student mobility data disaggregated by race and	20592
socioeconomic status, college enrollment data, and the reports	20593
prepared under section 3302.031 of the Revised Code.	20594

The department shall maintain a site on the world wide web.	20595
The report card shall include the address of the site and shall	20596
specify that such additional information is available to the	20597
public at that site. The department shall also provide a copy of	20598
each item on the list to the superintendent of each school	20599
district. The district superintendent shall provide a copy of any	20600
item on the list to anyone who requests it.	20601

(6) For any district that sponsors a conversion community	20602
school under Chapter 3314. of the Revised Code, the department	20603
shall combine data regarding the academic performance of students	20604
enrolled in the community school with comparable data from the	20605
schools of the district for the purpose of calculating the	20606
performance of the district as a whole on the report card issued	20607
for the district.	20608

(E) In calculating reading, writing, mathematics, social	20609
studies, or science proficiency or achievement test passage rates	20610
used to determine school district performance under this section,	20611
the department shall include all students taking a test with	20612
accommodation or to whom an alternate assessment is administered	20613
pursuant to division (C)(1) of section 3301.0711 of the Revised	20614
Code, but shall not include any student excused from taking a test	20615
pursuant to division (C)(3) of that section, whether or not the	20616
student chose to take the test voluntarily in spite of the	20617
exemption granted in that division.	20618

Sec. 3311.05. (A) The territory within the territorial	20619
limits of a county, or the territory included in a district formed	20620
under either section 3311.053 or 3311.059 of the Revised Code,	20621
exclusive of the territory embraced in any city school district or	20622
exempted village school district, and excluding the territory	20623
detached therefrom for school purposes and including the territory	20624
attached thereto for school purposes constitutes an educational	20625
service center.	20626

(B) A county school financing district created under section	20627
3311.50 of the Revised Code is not the school district described	20628
in division (A) of this section or any other school district but	20629
is a taxing district.	20630

Sec. 3311.059. The procedure prescribed in this section may	20631
be used in lieu of a transfer prescribed under section 3311.231 of	20632
the Revised Code.	20633

(A) Subject to divisions (B) and (C) of this section, a board	20634
of education of a local school district may by a resolution	20635
approved by a majority of all its members propose to sever that	20636
local school district from the territory of the educational	20637
service center in which the local school district is currently	20638
included and to instead annex the local school district to the	20639
territory of another educational service center, the current	20640
territory of which is adjacent to the territory of the educational	20641
service center in which the local school district is currently	20642
included. The resolution shall promptly be filed with the	20643
governing board of each educational service center affected by the	20644
resolution and with the superintendent of public instruction.	20645

(B) The resolution adopted under division (A) of this section	20646
shall not be effective unless it is approved by both the governing	20647
board of the educational service center to which the board of	20648
education proposes to annex the local school district and the	20649
state board of education. The severance of the local school	20650
district from one educational service center and its annexation to	20651
another educational service center under this section shall not be	20652
effective until one year after the first day of July following the	20653
later of the date that the governing board of the educational	20654
service center to which the local school district is proposed to	20655
be annexed approves the resolution or the date the board of	20656
elections certifies the results of the referendum election as	20657
provided in division (C) of this section.	20658

(C) Within sixty days following the date of the adoption of	20659
the resolution under division (A) of this section, the electors of	20660
the local school district may petition for a referendum vote on	20661
the resolution. The question whether to approve or disapprove the	20662
resolution shall be submitted to the electors of such school	20663
district if a number of qualified electors equal to twenty per	20664
cent of the number of electors in the school district who voted	20665
for the office of governor at the most recent general election for	20666
that office sign a petition asking that the question of whether	20667
the resolution shall be disapproved be submitted to the electors.	20668
The petition shall be filed with the board of elections of the	20669
county in which the school district is located. If the school	20670
district is located in more than one county, the petition shall be	20671
filed with the board of elections of the county in which the	20672
majority of the territory of the school district is located. The	20673
board shall certify the validity and sufficiency of the signatures	20674
on the petition.	20675

The board of elections shall immediately notify the board of	20676
education of the local school district and the governing board of	20677
each educational service center affected by the resolution that	20678
the petition has been filed.	20679

The effect of the resolution shall be stayed until the board	20680
of elections certifies the validity and sufficiency of the	20681
signatures on the petition. If the board of elections determines	20682
that the petition does not contain a sufficient number of valid	20683
signatures and sixty days have passed since the adoption of the	20684
resolution, the resolution shall become effective as provided in	20685
division (B) of this section.	20686

If the board of elections certifies that the petition	20687
contains a sufficient number of valid signatures, the board shall	20688
submit the question to the qualified electors of the school	20689
district on the day of the next general or primary election held	20690
at least seventy-five days after the board of elections certifies	20691
the validity and sufficiency of signatures on the petition. The	20692
election shall be conducted and canvassed and the results shall be	20693
certified in the same manner as in regular elections for the	20694
election of members of a board of education.	20695

If a majority of the electors voting on the question	20696
disapprove the resolution, the resolution shall not become	20697
effective. If a majority of the electors voting on the question	20698
approve the resolution, the resolution shall become effective as	20699
provided in division (B) of this section.	20700

(D) Upon the effective date of the severance of the local	20701
school district from one educational service center and its	20702
annexation to another educational service center as provided in	20703
division (B) of this section, the governing board of each	20704
educational service center shall take such steps for the election	20705
of members of the governing board and for organization of the	20706
governing board as prescribed in Chapter 3313. of the Revised	20707
Code.	20708

Sec. 3311.24. (A) Except as provided in division (B) of this	20709
section, if the board of education of a city, exempted village, or	20710
local school district deems it advisable to transfer territory	20711
from such district to an adjoining city, exempted village, or	20712
local school district, or if a petition, signed by seventy-five	20713
per cent of the qualified electors residing within that portion of	20714
a city, exempted village, or local school district proposed to be	20715
transferred voting at the last general election, requests such a	20716
transfer, the board of education of the district in which such	20717
proposal originates shall file such proposal, together with a map	20718
showing the boundaries of the territory proposed to be	20719
transferred, with the state board of education prior to the first	20720
day of April in any even-numbered year. The state board of	20721
education may, if it is advisable, provide for a hearing in any	20722
suitable place in any of the school districts affected by such	20723
proposed transfer of territory. The state board of education or	20724
its representatives shall preside at any such hearing.	20725

A board of education of a city, exempted village, or local	20726
school district that receives a petition of transfer under this	20727
division shall cause the board of elections to check the	20728
sufficiency of signatures on the petition.	20729

Not later than the first day of September the state board of	20730
education shall either approve or disapprove a proposed transfer	20731
of territory filed with it as provided by this section and shall	20732
notify, in writing, the boards of education of the districts	20733
affected by such proposed transfer of territory of its decision.	20734

If the decision of the state board of education is an	20735
approval of the proposed transfer of territory then the board of	20736
education of the district in which the territory is located shall,	20737
within thirty days after receiving the state board of education's	20738
decision, adopt a resolution transferring the territory and shall	20739
forthwith submit a copy of such resolution to the treasurer of the	20740
board of education of the city, exempted village, or local school	20741
district to which the territory is transferred. Such transfer	20742
shall not be complete however, until:	20743

(1) A resolution accepting the transfer has been passed by a	20744
majority vote of the full membership of the board of education of	20745
the city, exempted village, or local school district to which the	20746
territory is transferred;	20747

(2) An equitable division of the funds and indebtedness	20748
between the districts involved has been made by the board of	20749
education making the transfer;	20750

(3) A map showing the boundaries of the territory transferred	20751
has been filed, by the board of education accepting the transfer,	20752
with the county auditor of each county affected by the transfer.	20753

When such transfer is complete the legal title of the school	20754
property in the territory transferred shall be vested in the board	20755
of education or governing board of the school district to which	20756
the territory is transferred.	20757

(B) Whenever the transfer of territory pursuant to this	20758
section is initiated by a board of education, the board shall,	20759
before filing a proposal for transfer with the state board of	20760
education under this section, make a good faith effort to	20761
negotiate the terms of transfer with any other school district	20762
whose territory would be affected by the transfer. Before the	20763
state board may hold a hearing on the transfer, or approve or	20764
disapprove any such transfer, it must receive the following:	20765

(1) A resolution requesting approval of the transfer, passed	20766
by the school district submitting the proposal;	20767

(2) Evidence determined to be sufficient by the state board	20768
to show that good faith negotiations have taken place or that the	20769
district requesting the transfer has made a good faith effort to	20770
hold such negotiations;	20771

(3) If any negotiations took place, a statement signed by all	20772
boards that participated in the negotiations, listing the terms	20773
agreed on and the points on which no agreement could be reached.	20774

Negotiations held pursuant to this section shall be governed	20775
by the rules adopted by the state board under division (D) of	20776
section 3311.06 of the Revised Code. Districts involved in a	20777
transfer under division (B) of this section may agree to share	20778
revenues from the property included in the territory to be	20779
transferred, establish cooperative programs between the	20780
participating districts, and establish mechanisms for the	20781
settlement of any future boundary disputes.	20782

Sec. 3311.26. ~~A governing board of an educational service~~	20783
~~center~~The state board of education may, by resolution adopted by	20784
majority vote of its full membership, propose the creation of a	20785
new local school district from one or more local school districts	20786
or parts thereof, including the creation of a local district with	20787
noncontiguous territory from one or more local school districts if	20788
one of those districts has entered into an agreement under section	20789
3313.42 of the Revised Code. Such proposal shall include an	20790
accurate map showing the territory affected. After the adoption of	20791
the resolution, the ~~governing~~state board shall file a copy of	20792
such proposal with the board of education of each school district	20793
whose boundaries would be altered by such proposal.	20794

~~A governing board of a service center proposing~~Upon the	20795
creation of a new district under this section, the state board	20796
shall at its next regular meeting that occurs not earlier than	20797
thirty days after the adoption by the ~~governing~~state board of the	20798
resolution proposing such creation, adopt a resolution making the	20799
creation effective prior to the next succeeding first day of July,	20800
unless, prior to the expiration of such thirty-day period,	20801
qualified electors residing in the area included in such proposed	20802
new district, equal in number to thirty-five per cent of the	20803
qualified electors voting at the last general election, file a	20804
petition of referendum against the creation of the proposed new	20805
district.	20806

A petition of referendum filed under this section shall be	20807
filed at the office of the ~~educational service center~~state	20808
superintendent of public instruction. The person presenting the	20809
petition shall be given a receipt containing thereon the time of	20810
day, the date, and the purpose of the petition.	20811

If a petition of referendum is filed, the ~~governing~~state	20812
board shall, at the next regular meeting of the ~~governing~~state	20813
board, certify the proposal to the board of elections for the	20814
purpose of having the proposal placed on the ballot at the next	20815
general or primary election which occurs not less than	20816
seventy-five days after the date of such certification, or at a	20817
special election, the date of which shall be specified in the	20818
certification, which date shall not be less than seventy-five days	20819
after the date of such certification.	20820

Upon certification of a proposal to the board or boards of	20821
elections pursuant to this section, the board or boards of	20822
elections shall make the necessary arrangements for the submission	20823
of such question to the electors of the county or counties	20824
qualified to vote thereon, and the election shall be conducted and	20825
canvassed and the results shall be certified in the same manner as	20826
in regular elections for the election of members of a board of	20827
education.	20828

The persons qualified to vote upon a proposal are the	20829
electors residing in the proposed new districts.	20830

If the proposed district be approved by at least a majority	20831
of the electors voting on the proposal, the ~~governing~~state board	20832
shall then create such new district prior to the next succeeding	20833
first day of July~~, and shall so notify the state board of~~	20834
~~education~~.	20835

Upon the creation of such district, the indebtedness of each	20836
former district becoming in its entirety a part of the new	20837
district shall be assumed in full by the new district. Upon the	20838
creation of such district, that part of the net indebtedness of	20839
each former district becoming only in part a part of the new	20840
district shall be assumed by the new district which bears the same	20841
ratio to the entire net indebtedness of the former district as the	20842
assessed valuation of the part taken by the new district bears to	20843
the entire assessed valuation of the former district as fixed on	20844
the effective date of transfer. As used in this section, "net	20845
indebtedness" means the difference between the par value of the	20846
outstanding and unpaid bonds and notes of the school district and	20847
the amount held in the sinking fund and other indebtedness	20848
retirement funds for their redemption. Upon the creation of such	20849
district, the funds of each former district becoming in its	20850
entirety a part of the new district shall be paid over in full to	20851
the new district. Upon the creation of such district, the funds of	20852
each former district becoming only in part a part of the new	20853
district shall be divided equitably by the ~~governing~~state board	20854
between the new district and that part of the former district not	20855
included in the new district as such funds existed on the	20856
effective date of the creation of the new district.	20857

The ~~governing~~state board shall, following the election, file	20858
with the county auditor of each county affected by the creation of	20859
a new district an accurate map showing the boundaries of such	20860
newly created district.	20861

When a new local school district is so created ~~within an~~	20862
~~educational service center~~, a board of education for such newly	20863
created district shall be appointed by the ~~educational service~~	20864
~~center governing~~state board. The members of such appointed board	20865
of education shall hold their office until their successors are	20866
elected and qualified. A board of education shall be elected for	20867
such newly created district at the next general election held in	20868
an odd numbered year occurring more than thirty days after the	20869
appointment of the board of education of such newly created	20870
district. At such election two members shall be elected for a term	20871
of two years and three members shall be elected for a term of four	20872
years, and, thereafter, their successors shall be elected in the	20873
same manner and for the same terms as members of the board of	20874
education of a local school district.	20875

When the new district consists of territory lying in two or	20876
more counties, the state board shall determine to which	20877
educational service center the new district shall be assigned.	20878

The legal title of all property of the board of education in	20879
the territory taken shall become vested in the board of education	20880
of the newly created school district.	20881

Foundation program moneys accruing to a district created	20882
under the provisions of this section or previous section 3311.26	20883
of the Revised Code, shall not be less, in any year during the	20884
next succeeding three years following the creation, than the sum	20885
of the amounts received by the districts separately in the year in	20886
which the creation of the district became effective.	20887

Consolidations of school districts which include all of the	20888
schools of a county and which become effective on or after July 1,	20889
1959, shall be governed and included under this section.	20890

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	20891
(F), and (G) of this section, when a board of education decides to	20892
dispose of real or personal property that it owns in its corporate	20893
capacity, and that exceeds in value ten thousand dollars, it shall	20894
sell the property at public auction, after giving at least thirty	20895
days' notice of the auction by publication in a newspaper of	20896
general circulation or by posting notices in five of the most	20897
public places in the school district in which the property, if it	20898
is real property, is situated, or, if it is personal property, in	20899
the school district of the board of education that owns the	20900
property. The board may offer real property for sale as an entire	20901
tract or in parcels.	20902

(B) When the board of education has offered real or personal	20903
property for sale at public auction at least once pursuant to	20904
division (A) of this section, and the property has not been sold,	20905
the board may sell it at a private sale. Regardless of how it was	20906
offered at public auction, at a private sale, the board shall, as	20907
it considers best, sell real property as an entire tract or in	20908
parcels, and personal property in a single lot or in several lots.	20909

(C) If a board of education decides to dispose of real or	20910
personal property that it owns in its corporate capacity and that	20911
exceeds in value ten thousand dollars, it may sell the property to	20912
the adjutant general; to any subdivision or taxing authority as	20913
respectively defined in divisions (A) and (C) of section 5705.01	20914
of the Revised Code, township park district, board of park	20915
commissioners established under Chapter 755. of the Revised Code,	20916
or park district established under Chapter 1545. of the Revised	20917
Code; to a wholly or partially tax-supported university,	20918
university branch, or college; or to the board of trustees of a	20919
school district library, upon such terms as are agreed upon. The	20920
sale of real or personal property to the board of trustees of a	20921
school district library is limited, in the case of real property,	20922
to a school district library within whose boundaries the real	20923
property is situated, or, in the case of personal property, to a	20924
school district library whose boundaries lie in whole or in part	20925
within the school district of the selling board of education.	20926

(D) When a board of education decides to trade as a part or	20927
an entire consideration, an item of personal property on the	20928
purchase price of an item of similar personal property, it may	20929
trade the same upon such terms as are agreed upon by the parties	20930
to the trade.	20931

(E) The president and the treasurer of the board of education	20932
shall execute and deliver deeds or other necessary instruments of	20933
conveyance to complete any sale or trade under this section.	20934

(F) When a board of education has identified a parcel of real	20935
property that it determines is needed for school purposes, the	20936
board may, upon a majority vote of the members of the board,	20937
acquire that property by exchanging real property that the board	20938
owns in its corporate capacity for the identified real property or	20939
by using real property that the board owns in its corporate	20940
capacity as part or an entire consideration for the purchase price	20941
of the identified real property. Any exchange or acquisition made	20942
pursuant to this division shall be made by a conveyance executed	20943
by the president and the treasurer of the board.	20944

(G)(1) When a school district board of education decides to	20945
dispose of real property suitable for use as classroom space,	20946
prior to disposing of such property under division (A) through (F)	20947
of this section, it shall first offer that property for sale to	20948
the governing authorities of the start-up community schools,	20949
established under Chapter 3314. of the Revised Code and located	20950
within the territory of the school district, at a price that is	20951
not higher than the appraised fair market value of that property.	20952
If more than one community school governing authority accepts the	20953
offer made by the school district board, the board shall sell the	20954
property to the governing authority that accepted the offer first	20955
in time. If no community school governing authority accepts the	20956
offer within sixty days after the offer is made by the school	20957
district board, the board may dispose of the property in the	20958
applicable manner prescribed under divisions (A) to (F) of this	20959
section.	20960

(2) If disposal of real property is planned as a part of a	20961
school district project under Chapter 3318. of the Revised Code,	20962
the Ohio school facilities commission shall not release any state	20963
funds to a school district until the district has complied with	20964
the provisions of division (G)(1) of this section, except for	20965
funds specified for demolition of a facility to clear a site for	20966
construction of a replacement facility included in the district's	20967
project.	20968

Sec. 3313.843. (A) Notwithstanding division (D) of section	20969
3311.52 of the Revised Code, this section does not apply to either	20970
of the following:	20971

(1) Any cooperative education school district;

20972

(2) Any city or exempted village school district with a total	20973
student count of thirteen thousand or more determined pursuant to	20974
section 3317.03 of the Revised Code that has not entered into one	20975
or more agreements pursuant to this section prior to July 1, 1993,	20976
unless the district's total student count did not exceed thirteen	20977
thousand at the time it entered into an initial agreement under	20978
this section.	20979

(B) The board of education of a city or exempted village	20980
school district and the governing board of an educational service	20981
center with territory in a county in which the city or exempted	20982
village school district also has territory may enter into an	20983
agreement, through adoption of identical resolutions, under which	20984
the educational service center governing board will provide	20985
services to the city or exempted village school district.	20986

Services provided under the agreement shall be specified in	20987
the agreement, and may include any one or a combination of the	20988
following: supervisory teachers; in-service and continuing	20989
education programs for city or exempted village school district	20990
personnel; curriculum services as provided to the local school	20991
districts under the supervision of the service center governing	20992
board; research and development programs; academic instruction for	20993
which the governing board employs teachers pursuant to section	20994
3319.02 of the Revised Code; and assistance in the provision of	20995
special accommodations and classes for handicapped students.	20996
Services included in the agreement shall be provided to the city	20997
or exempted village district in the same manner they are provided	20998
to local school districts under the governing board's supervision,	20999
unless otherwise specified in the agreement. The city or exempted	21000
village board of education shall reimburse the educational service	21001
center governing board pursuant to section 3317.11 of the Revised	21002
Code.	21003

(C)(1) If an educational service center received funding	21004
under division (B) of former section 3317.11 or division (F) of	21005
section 3317.11 of the Revised Code for an agreement under this	21006
section involving a city school district whose total student count	21007
was less than thirteen thousand, the service center may continue	21008
to receive funding under that division for such an agreement in	21009
any subsequent year if the city district's total student count	21010
exceeds thirteen thousand. However, only the first thirteen	21011
thousand pupils in the formula ADM of such district shall be	21012
included in determining the amount of the per pupil subsidy the	21013
service center shall receive under division ~~(B)~~(F) of section	21014
3317.11 of the Revised Code.	21015

(2) If, prior to ~~the effective date of this amendment~~July 1,	21016
1998, an educational service center received funding under	21017
division (B) of former section 3317.11 of the Revised Code for a	21018
period of at least three years, for a good faith agreement under	21019
this section involving a city school district with no territory in	21020
the county in which the educational service center has territory,	21021
that educational service center and that city school district may	21022
enter into an agreement under this section, and the service center	21023
shall receive funding under division ~~(B)~~(F) of section 3317.11 of	21024
the Revised Code for any such agreement, notwithstanding the	21025
territorial boundaries of the service center and the city school	21026
district.	21027

(D) Any agreement entered into pursuant to this section shall	21028
be valid only if a copy is filed with the department of education	21029
by the first day of the school year for which the agreement is in	21030
effect.	21031

Sec. 3313.979. Each scholarship ~~or grant~~ to be used for	21032
payments to a registered private school ~~or to an approved tutorial~~	21033
~~assistance provider~~ is payable to the parents of the student	21034
entitled to the scholarship ~~or grant~~. Each scholarship to be used	21035
for payments to a public school in an adjacent school district is	21036
payable to the school district of attendance by the superintendent	21037
of public instruction. Each grant to be used for payments to an	21038
approved tutorial assistance provider is payable to the approved	21039
tutorial assistance provider.	21040

(A)(1) By the fifteenth day of each month of the school year	21041
that any scholarship students are enrolled in a registered private	21042
school, the chief administrator of that school shall notify the	21043
state superintendent of:	21044

(a) The number of students who were reported to the school	21045
district as having been admitted by that private school pursuant	21046
to division (A)(2)(b) of section 3313.978 of the Revised Code and	21047
who were still enrolled in the private school as of the first day	21048
of such month, and the numbers of such students who qualify for	21049
seventy-five and ninety per cent of the scholarship amount;	21050

(b) The number of students who were reported to the school	21051
district as having been admitted by another private school	21052
pursuant to division (A)(2)(b) of section 3313.978 of the Revised	21053
Code and since the date of admission have transferred to the	21054
school providing the notification under division (A)(1) of this	21055
section, and the numbers of such students who qualify for	21056
seventy-five and ninety per cent of the scholarship amount.	21057

(2) From time to time, the state superintendent shall make a	21058
payment to the parent of each student entitled to a scholarship.	21059
Each payment shall include for each student reported under	21060
division (A)(1) of this section, a portion of seventy-five or	21061
ninety per cent, as applicable, of the scholarship amount	21062
specified in divisions (C)(1) and (2) of section 3313.978 of the	21063
Revised Code. This amount shall be proportionately reduced in the	21064
case of any such student who is not enrolled in a registered	21065
private school for the entire school year.	21066

(3) The first payment under this division shall be made by	21067
the last day of November and shall equal one-third of seventy-five	21068
or ninety per cent, as applicable, of the estimated total amount	21069
that will be due to the parent for the school year pursuant to	21070
division (A)(2) of this section.	21071

(B) The state superintendent, on behalf of the parents of a	21072
scholarship student enrolled in a public school in an adjacent	21073
school district pursuant to section 3327.06 of the Revised Code,	21074
shall make the tuition payments required by that section to the	21075
school district admitting the student, except that,	21076
notwithstanding sections 3323.13, 3323.14, and 3327.06 of the	21077
Revised Code, the total payments in any school year shall not	21078
exceed seventy-five or ninety per cent, as applicable, of the	21079
scholarship amount provided in divisions (C)(1) and (2) of section	21080
3313.978 of the Revised Code.	21081

(C) Whenever an approved provider provides tutorial	21082
assistance to a student, the state superintendent shall pay the	21083
~~parent~~approved provider for such costs upon receipt of a	21084
statement ~~from the parent~~ specifying the services provided and the	21085
costs of the services, which statement shall be signed by the	21086
provider and verified by the chief administrator having	21087
supervisory control over the tutoring site. The total payments to	21088
any ~~parent~~approved provider under this division for all provider	21089
services to any individual student in any school year shall not	21090
exceed seventy-five or ninety per cent, as applicable, of the	21091
grant amount provided in division (C)(3) of section 3313.978 of	21092
the Revised Code.	21093

Sec. 3313.981. (A) The state board shall adopt rules	21094
requiring all of the following:	21095

(1) The board of education of each city, exempted village,	21096
and local school district to annually report to the department of	21097
education all of the following:	21098

(a) The number of adjacent district or other district	21099
students, as applicable, and adjacent district or other district	21100
joint vocational students, as applicable, enrolled in the district	21101
and the number of native students enrolled in adjacent or other	21102
districts, in accordance with a policy adopted under division (B)	21103
of section 3313.98 of the Revised Code;	21104

(b) Each adjacent district or other district student's or	21105
adjacent district or other district joint vocational student's	21106
date of enrollment in the district;	21107

(c) The full-time equivalent number of adjacent district or	21108
other district students enrolled in vocational education programs	21109
or classes described in division (A) of section 3317.014 of the	21110
Revised Code and the full-time equivalent number of such students	21111
enrolled in vocational education programs or classes described in	21112
division (B) of that section;	21113

(d) Each native student's date of enrollment in an adjacent	21114
or other district.	21115

(2) The board of education of each joint vocational school	21116
district to annually report to the department all of the	21117
following:	21118

(a) The number of adjacent district or other district joint	21119
vocational students, as applicable, enrolled in the district;	21120

(b) The full-time equivalent number of adjacent district or	21121
other district joint vocational students enrolled in vocational	21122
education programs or classes described in division (A) of section	21123
3317.014 of the Revised Code and the full-time equivalent number	21124
of such students enrolled in vocational education programs or	21125
classes described in division (B) of that section;	21126

(c) For each adjacent district or other district joint	21127
vocational student, the city, exempted village, or local school	21128
district in which the student is also enrolled.	21129

(3) Prior to the first full school week in October each year,	21130
the superintendent of each city, local, or exempted village school	21131
district that admits adjacent district or other district students	21132
or adjacent district or other district joint vocational students	21133
in accordance with a policy adopted under division (B) of section	21134
3313.98 of the Revised Code to notify each adjacent or other	21135
district where those students are entitled to attend school under	21136
section 3313.64 or 3313.65 of the Revised Code of the number of	21137
the adjacent or other district's native students who are enrolled	21138
in the superintendent's district under the policy.	21139

The rules shall provide for the method of counting students	21140
who are enrolled for part of a school year in an adjacent or other	21141
district or as an adjacent district or other district joint	21142
vocational student.	21143

(B) From the payments made to a city, exempted village, or	21144
local school district under Chapter 3317. of the Revised Code, the	21145
department of education shall annually subtract both of the	21146
following:	21147

(1) An amount equal to the number of the district's native	21148
students reported under division (A)(1) of this section who are	21149
enrolled in adjacent or other school districts pursuant to	21150
policies adopted by such districts under division (B) of section	21151
3313.98 of the Revised Code multiplied by the adjusted formula	21152
amount for the district;	21153

(2) The excess costs computed in accordance with division (E)	21154
of this section for any such native students receiving special	21155
education and related services in adjacent or other school	21156
districts or as an adjacent district or other district joint	21157
vocational student;	21158

(3) For the full-time equivalent number of the district's	21159
native students reported under division (A)(1)(c) or (2)(b) of	21160
this section as enrolled in vocational education programs or	21161
classes described in section 3317.014 of the Revised Code, an	21162
amount equal to the formula amount times the applicable multiple	21163
prescribed by that section.	21164

(C) To the payments made to a city, exempted village, or	21165
local school district under Chapter 3317. of the Revised Code, the	21166
department of education shall annually add all of the following:	21167

(1) An amount equal to the adjusted formula amount for the	21168
district multiplied by the remainder obtained by subtracting the	21169
number of adjacent district or other district joint vocational	21170
students from the number of adjacent district or other district	21171
students enrolled in the district, as reported under division	21172
(A)(1) of this section;	21173

(2) The excess costs computed in accordance with division (E)	21174
of this section for any adjacent district or other district	21175
students, except for any adjacent or other district joint	21176
vocational students, receiving special education and related	21177
services in the district;	21178

(3) For the full-time equivalent number of the adjacent or	21179
other district students who are not adjacent district or other	21180
district joint vocational students and are reported under division	21181
(A)(1)(c) of this section as enrolled in vocational education	21182
programs or classes described in section 3317.014 of the Revised	21183
Code, an amount equal to the formula amount times the applicable	21184
multiple prescribed by that section;	21185

(4) An amount equal to the number of adjacent district or	21186
other district joint vocational students reported under division	21187
(A)(1) of this section multiplied by an amount equal to ~~one-fourth~~	21188
ten per cent of the adjusted formula amount for the district.	21189

(D) To the payments made to a joint vocational school	21190
district under Chapter 3317. of the Revised Code, the department	21191
of education shall add, for each adjacent district or other	21192
district joint vocational student reported under division (A)(2)	21193
of this section, both of the following:	21194

(1) An amount equal to the adjusted formula amount of the	21195
city, exempted village, or local school district in which the	21196
student is also enrolled;	21197

(2) An amount equal to the full-time equivalent number of	21198
students reported pursuant to division (A)(2)(b) of this section	21199
times the formula amount times the applicable multiple prescribed	21200
by section 3317.014 of the Revised Code.	21201

(E)(1) A city, exempted village, or local school board	21202
providing special education and related services to an adjacent or	21203
other district student in accordance with an IEP shall, pursuant	21204
to rules of the state board, compute the excess costs to educate	21205
such student as follows:	21206

(a) Subtract the adjusted formula amount for the district	21207
from the actual costs to educate the student;	21208

(b) From the amount computed under division (E)(1)(a) of this	21209
section subtract the amount of any funds received by the district	21210
under Chapter 3317. of the Revised Code to provide special	21211
education and related services to the student.	21212

(2) The board shall report the excess costs computed under	21213
this division to the department of education.	21214

(3) If any student for whom excess costs are computed under	21215
division (E)(1) of this section is an adjacent or other district	21216
joint vocational student, the department of education shall add	21217
the amount of such excess costs to the payments made under Chapter	21218
3317. of the Revised Code to the joint vocational school district	21219
enrolling the student.	21220

(F) As provided in division (D)(1)(b) of section 3317.03 of	21221
the Revised Code, no joint vocational school district shall count	21222
any adjacent or other district joint vocational student enrolled	21223
in the district in its formula ADM certified under section 3317.03	21224
of the Revised Code.	21225

(G) No city, exempted village, or local school district shall	21226
receive a payment under division (C) of this section for a	21227
student, and no joint vocational school district shall receive a	21228
payment under division (D) of this section for a student, if for	21229
the same school year that student is counted in the district's	21230
formula ADM certified under section 3317.03 of the Revised Code.	21231

(H) Upon request of a parent, and provided the board offers	21232
transportation to native students of the same grade level and	21233
distance from school under section 3327.01 of the Revised Code, a	21234
city, exempted village, or local school board enrolling an	21235
adjacent or other district student shall provide transportation	21236
for the student within the boundaries of the board's district,	21237
except that the board shall be required to pick up and drop off a	21238
nonhandicapped student only at a regular school bus stop	21239
designated in accordance with the board's transportation policy.	21240
Pursuant to rules of the state board of education, such board may	21241
reimburse the parent from funds received under division (D) of	21242
section 3317.022 of the Revised Code for the reasonable cost of	21243
transportation from the student's home to the designated school	21244
bus stop if the student's family has an income below the federal	21245
poverty line.	21246

Sec. 3314.02. (A) As used in this chapter:

21247

(1) "Sponsor" means an entity listed in division (C)(1) of	21248
this section, which has been approved by the department of	21249
education to sponsor community schools and with which the	21250
governing authority of the proposed community school enters into a	21251
contract pursuant to this section.	21252

(2) "Pilot project area" means the school districts included	21253
in the territory of the former community school pilot project	21254
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	21255
the 122nd general assembly.	21256

(3) "Challenged school district" means any of the following:

21257

(a) A school district that is part of the pilot project area;

21258

(b) A school district that is either in a state of academic	21259
emergency or in a state of academic watch under section 3302.03 of	21260
the Revised Code;	21261

21262

~~(d) An urban school district~~.

21263

(4) "Big eight school district" means a school district that	21264
for fiscal year 1997 had both of the following:	21265

(a) A percentage of children residing in the district and	21266
participating in the predecessor of Ohio works first greater than	21267
thirty per cent, as reported pursuant to section 3317.10 of the	21268
Revised Code;	21269

(b) An average daily membership greater than twelve thousand,	21270
as reported pursuant to former division (A) of section 3317.03 of	21271
the Revised Code.	21272

(5) "New start-up school" means a community school other than	21273
one created by converting all or part of an existing public	21274
school, as designated in the school's contract pursuant to	21275
division (A)(17) of section 3314.03 of the Revised Code.	21276

(6) "Urban school district" means one of the state's	21277
twenty-one urban school districts as defined in division (O) of	21278
section 3317.02 of the Revised Code as that section existed prior	21279
to July 1, 1998.	21280

(7) "Internet- or computer-based community school" means a	21281
community school established under this chapter in which the	21282
enrolled students work primarily from their residences on	21283
assignments provided via an internet- or other computer-based	21284
instructional method that does not rely on regular classroom	21285
instruction.	21286

(B) Any person or group of individuals may initially propose	21287
under this division the conversion of all or a portion of a public	21288
school to a community school. The proposal shall be made to the	21289
board of education of the city, local, or exempted village school	21290
district in which the public school is proposed to be converted.	21291
Upon receipt of a proposal, a board may enter into a preliminary	21292
agreement with the person or group proposing the conversion of the	21293
public school, indicating the intention of the board of education	21294
to support the conversion to a community school. A proposing	21295
person or group that has a preliminary agreement under this	21296
division may proceed to finalize plans for the school, establish a	21297
governing authority for the school, and negotiate a contract with	21298
the board of education. Provided the proposing person or group	21299
adheres to the preliminary agreement and all provisions of this	21300
chapter, the board of education shall negotiate in good faith to	21301
enter into a contract in accordance with section 3314.03 of the	21302
Revised Code and division (C) of this section.	21303

(C)(1) Any person or group of individuals may propose under	21304
this division the establishment of a new start-up school to be	21305
located in a challenged school district. The proposal may be made	21306
to any of the following entities:	21307

(a) The board of education of the district in which the	21308
school is proposed to be located;	21309

(b) The board of education of any joint vocational school	21310
district with territory in the county in which is located the	21311
majority of the territory of the district in which the school is	21312
proposed to be located;	21313

(c) The board of education of any other city, local, or	21314
exempted village school district having territory in the same	21315
county where the district in which the school is proposed to be	21316
located has the major portion of its territory;	21317

(d) The governing board of any educational service center as	21318
long as the proposed school will be located in a county within the	21319
territory of the service center or in a county contiguous to such	21320
county;	21321

(e) A sponsoring authority designated by the board of	21322
trustees of any of the thirteen state universities listed in	21323
section 3345.011 of the Revised Code or the board of trustees	21324
itself as long as a mission of the proposed school to be specified	21325
in the contract under division (A)(2) of section 3314.03 of the	21326
Revised Code and as approved by the department of education under	21327
division (B)(2) of section 3314.015 of the Revised Code will be	21328
the practical demonstration of teaching methods, educational	21329
technology, or other teaching practices that are included in the	21330
curriculum of the university's teacher preparation program	21331
approved by the state board of education;	21332

(f) Any qualified tax-exempt entity under section 501(c)(3)	21333
of the Internal Revenue Code as long as all of the following	21334
conditions are satisfied:	21335

(i) The entity has been in operation for at least five years	21336
prior to applying to be a community school sponsor.	21337

(ii) The entity has assets of at least five hundred thousand	21338
dollars.	21339

(iii) The department of education has determined that the	21340
entity is an education-oriented entity under division (B)(3) of	21341
section 3314.015 of the Revised Code.	21342

Until July 1, 2005, any entity described in division	21343
(C)(1)(f) of this section may sponsor only schools that formerly	21344
were sponsored by the state board of education under division	21345
(C)(1)(d) of this section, as it existed prior to April 8, 2003.	21346
After July 1, 2005, such entity may sponsor any new or existing	21347
school.	21348

Any entity described in division (C)(1) of this section may	21349
enter into a preliminary agreement pursuant to division (C)(2) of	21350
this section with the proposing person or group.	21351

(2) A preliminary agreement indicates the intention of an	21352
entity described in division (C)(1) of this section to sponsor the	21353
community school. A proposing person or group that has such a	21354
preliminary agreement may proceed to finalize plans for the	21355
school, establish a governing authority as described in division	21356
(E) of this section for the school, and negotiate a contract with	21357
the entity. Provided the proposing person or group adheres to the	21358
preliminary agreement and all provisions of this chapter, the	21359
entity shall negotiate in good faith to enter into a contract in	21360
accordance with section 3314.03 of the Revised Code.	21361

(3) A new start-up school that is established in a school	21362
district while that district is either in a state of academic	21363
emergency or in a state of academic watch under section 3302.03 of	21364
the Revised Code may continue in existence once the school	21365
district is no longer in a state of academic emergency or academic	21366
watch, provided there is a valid contract between the school and a	21367
sponsor.	21368

(4) A copy of every preliminary agreement entered into under	21369
this division shall be filed with the superintendent of public	21370
instruction.	21371

(D) A majority vote of the board of a sponsoring entity and a	21372
majority vote of the members of the governing authority of a	21373
community school shall be required to adopt a contract and convert	21374
the public school to a community school or establish the new	21375
start-up school. Up to the statewide limit prescribed in section	21376
3314.013 of the Revised Code, an unlimited number of community	21377
schools may be established in any school district provided that a	21378
contract is entered into for each community school pursuant to	21379
this chapter.	21380

(E) As used in this division, "immediate relatives" are	21381
limited to spouses, children, parents, grandparents, siblings, and	21382
in-laws.	21383

Each new start-up community school established under this	21384
chapter shall be under the direction of a governing authority	21385
which shall consist of a board of not less than five individuals	21386
who are not owners or employees, or immediate relatives of owners	21387
or employees, of any for-profit firm that operates or manages a	21388
school for the governing authority.	21389

No person shall serve on the governing authority or operate	21390
the community school under contract with the governing authority	21391
so long as the person owes the state any money or is in a dispute	21392
over whether the person owes the state any money concerning the	21393
operation of a community school that has closed.	21394

(F) Nothing in this chapter shall be construed to permit the	21395
establishment of a community school in more than one school	21396
district under the same contract.	21397

(G) A new start-up school that is established prior to the	21398
effective date of this amendment in an urban school district that	21399
is not also a big-eight school district may continue to operate	21400
after the effective date of this amendment and the contract	21401
between the school's governing authority and the school's sponsor	21402
may be renewed, as provided under this chapter, after the	21403
effective date of this amendment, but no additional new start-up	21404
schools may be established in such a district unless the district	21405
is a challenged school district as defined in this section as it	21406
exists on and after the effective date of this amendment.	21407

Sec. 3314.033. (A) Not later than ninety days after the	21408
effective date of this section, the state board of education shall	21409
adopt rules in accordance with Chapter 119. of the Revised Code	21410
establishing standards governing the operation of internet- or	21411
computer-based community schools, as defined in section 3314.02 of	21412
the Revised Code, and other educational courses delivered	21413
primarily via electronic media.	21414

(B) Each internet- or computer-based community school in	21415
operation on or after the effective date of this section shall	21416
comply with the standards adopted by the state board under	21417
division (A) of this section regardless of whether the school's	21418
contract with its sponsor contains a stipulation requiring such	21419
compliance.	21420

Sec. 3314.041. The governing authority of each community	21421
school and any operator of such school shall ~~place in a~~	21422
~~conspicuous manner in all documents that are distributed~~	21423
distribute to parents of students of the school ~~or to the general~~	21424
~~public~~upon their enrollment in the school the following statement	21425
in writing:	21426

"The .............. (here fill in name of the school) school	21427
is a community school established under Chapter 3314. of the	21428
Revised Code. The school is a public school and students enrolled	21429
in and attending the school are required to take proficiency tests	21430
and other examinations prescribed by law. In addition, there may	21431
be other requirements for students at the school that are	21432
prescribed by law. Students who have been excused from the	21433
compulsory attendance law for the purpose of home education as	21434
defined by the Administrative Code shall no longer be excused for	21435
that purpose upon their enrollment in a community school. For more	21436
information about this matter contact the school administration or	21437
the Ohio Department of Education."	21438

Sec. 3314.07. (A) The expiration of the contract for a	21439
community school between a sponsor and a school shall be the date	21440
provided in the contract. A successor contract may be entered into	21441
pursuant to division (E) of section 3314.03 of the Revised Code	21442
unless the contract is terminated or not renewed pursuant to this	21443
section.	21444

(B)(1) A sponsor may choose not to renew a contract at its	21445
expiration or may choose to terminate a contract prior to its	21446
expiration for any of the following reasons:	21447

(a) Failure to meet student performance requirements stated	21448
in the contract;	21449

(b) Failure to meet generally accepted standards of fiscal	21450
management;	21451

(c) Violation of any provision of the contract or applicable	21452
state or federal law;	21453

(d) Other good cause.

21454

(2) A sponsor may choose to terminate a contract prior to its	21455
expiration if the sponsor has suspended the operation of the	21456
contract under section 3314.072 of the Revised Code.	21457

(3) At least ninety days prior to the termination or	21458
nonrenewal of a contract, the sponsor shall notify the school of	21459
the proposed action in writing. The notice shall include the	21460
reasons for the proposed action in detail, the effective date of	21461
the termination or nonrenewal, and a statement that the school	21462
may, within fourteen days of receiving the notice, request an	21463
informal hearing before the sponsor. Such request must be in	21464
writing. The informal hearing shall be held within seventy days of	21465
the receipt of a request for the hearing. Promptly following the	21466
informal hearing, the sponsor shall issue a written decision	21467
either affirming or rescinding the decision to terminate or not	21468
renew the contract.	21469

(4) A decision by the sponsor to terminate a contract may be	21470
appealed to the state board of education. The decision by the	21471
state board pertaining to an appeal under this division is final.	21472
If the sponsor is the state board, its decision to terminate a	21473
contract under division (B)(3) of this section shall be final.	21474

(5) The termination of a contract under this section shall be	21475
effective upon the occurrence of the later of the following	21476
events:	21477

(a) Ninety days following the date the sponsor notifies the	21478
school of its decision to terminate the contract as prescribed in	21479
division (B)(3) of this section;	21480

(b) If an informal hearing is requested under division (B)(3)	21481
of this section and as a result of that hearing the sponsor	21482
affirms its decision to terminate the contract, the effective date	21483
of the termination specified in the notice issued under division	21484
(B)(3) of this section, or if that decision is appealed to the	21485
state board under division (B)(4) of this section and the state	21486
board affirms that decision, the date established in the	21487
resolution of the state board affirming the sponsor's decision.	21488

(6) Any community school whose contract is terminated under	21489
this division shall not enter into a contract with any other	21490
sponsor.	21491

(C) A child attending a community school whose contract has	21492
been terminated, nonrenewed, or suspended or that closes for any	21493
reason shall be admitted to the schools of the district in which	21494
the child is entitled to attend under section 3313.64 or 3313.65	21495
of the Revised Code. Any deadlines established for the purpose of	21496
admitting students under section 3313.97 or 3313.98 of the Revised	21497
Code shall be waived for students to whom this division pertains.	21498

(D) If a community school does not intend to renew a contract	21499
with its sponsor, the community school shall notify its sponsor in	21500
writing of that fact at least one hundred eighty days prior to the	21501
expiration of the contract. Such a community school may enter into	21502
a contract with a new sponsor in accordance with section 3314.03	21503
of the Revised Code upon the expiration of the previous contract.	21504

(E) A sponsor of a community school and the officers,	21505
directors, or employees of such a sponsor are not liable in	21506
damages in a tort or other civil action for harm allegedly arising	21507
from either of the following:	21508

(1) A failure of the community school or any of its officers,	21509
directors, or employees to perform any statutory or common law	21510
duty or responsibility or any other legal obligation;	21511

(2) An action or omission of the community school or any of	21512
its officers, directors, or employees that results in harm.	21513

~~(E)~~(F) As used in this section:

21514

(1) "Harm" means injury, death, or loss to person or	21515
property.	21516

(2) "Tort action" means a civil action for damages for	21517
injury, death, or loss to person or property other than a civil	21518
action for damages for a breach of contract or another agreement	21519
between persons.	21520

Sec. 3314.08. (A) As used in this section:

21521

(1) "Base formula amount" means the amount specified as such	21522
in a community school's financial plan for a school year pursuant	21523
to division (A)(15) of section 3314.03 of the Revised Code.	21524

(2) "Cost-of-doing-business factor" has the same meaning as	21525
in section 3317.02 of the Revised Code.	21526

(3) "IEP" means an individualized education program as	21527
defined in section 3323.01 of the Revised Code.	21528

(4) "Applicable special education weight" means the multiple	21529
specified in section 3317.013 of the Revised Code for a handicap	21530
described in that section.	21531

(5) "Applicable vocational education weight" means:

21532

(a) For a student enrolled in vocational education programs	21533
or classes described in division (A) of section 3317.014 of the	21534
Revised Code, the multiple specified in that division;	21535

(b) For a student enrolled in vocational education programs	21536
or classes described in division (B) of section 3317.014 of the	21537
Revised Code, the multiple specified in that division.	21538

(6) "Entitled to attend school" means entitled to attend	21539
school in a district under section 3313.64 or 3313.65 of the	21540
Revised Code.	21541

(7) A community school student is "included in the DPIA	21542
student count" of a school district if the student is entitled to	21543
attend school in the district and:	21544

(a) For school years prior to fiscal year 2004, the student's	21545
family receives assistance under the Ohio works first program.	21546

(b) For school years in and after fiscal year 2004, the	21547
student's family income does not exceed the federal poverty	21548
guidelines, as defined in section 5101.46 of the Revised Code, and	21549
the student's family receives family assistance, as defined in	21550
section 3317.029 of the Revised Code.	21551

(8) "DPIA reduction factor" means the percentage figure, if	21552
any, for reducing the per pupil amount of disadvantaged pupil	21553
impact aid a community school is entitled to receive pursuant to	21554
divisions (D)(5) and (6) of this section in any year, as specified	21555
in the school's financial plan for the year pursuant to division	21556
(A)(15) of section 3314.03 of the Revised Code.	21557

(9) "All-day kindergarten" has the same meaning as in section	21558
3317.029 of the Revised Code.	21559

(10) "SF-3 payment" means the sum of the payments to a school	21560
district in a fiscal year under divisions (A), (C)(1), (C)(4),	21561
(D), (E), and (F) of section 3317.022, divisions (J), (P), and (R)	21562
of section 3317.024, and sections 3317.029, 3317.0212, 3317.0213,	21563
3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of	21564
the Revised Code after making the adjustments required by sections	21565
3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), and	21566
(M) of section 3317.023, and division (C) of section 3317.20 of	21567
the Revised Code.	21568

(B) The state board of education shall adopt rules requiring	21569
both of the following:	21570

(1) The board of education of each city, exempted village,	21571
and local school district to annually report the number of	21572
students entitled to attend school in the district who are	21573
enrolled in grades one through twelve in a community school	21574
established under this chapter, the number of students entitled to	21575
attend school in the district who are enrolled in kindergarten in	21576
a community school, the number of those kindergartners who are	21577
enrolled in all-day kindergarten in their community school, and	21578
for each child, the community school in which the child is	21579
enrolled.	21580

(2) The governing authority of each community school	21581
established under this chapter to annually report all of the	21582
following:	21583

(a) The number of students enrolled in grades one through	21584
twelve and the number of students enrolled in kindergarten in the	21585
school who are not receiving special education and related	21586
services pursuant to an IEP;	21587

(b) The number of enrolled students in grades one through	21588
twelve and the number of enrolled students in kindergarten, who	21589
are receiving special education and related services pursuant to	21590
an IEP;	21591

(c) The number of students reported under division (B)(2)(b)	21592
of this section receiving special education and related services	21593
pursuant to an IEP for a handicap described in each of divisions	21594
(A) to (F) of section 3317.013 of the Revised Code;	21595

(d) The full-time equivalent number of students reported	21596
under divisions (B)(2)(a) and (b) of this section who are enrolled	21597
in vocational education programs or classes described in each of	21598
divisions (A) and (B) of section 3317.014 of the Revised Code that	21599
are provided by the community school;	21600

(e) ~~One-fourth~~Ten per cent of the number of students	21601
reported under divisions (B)(2)(a) and (b) of this section who are	21602
not reported under division (B)(2)(d) of this section but who are	21603
enrolled in vocational education programs or classes described in	21604
each of divisions (A) and (B) of section 3317.014 of the Revised	21605
Code at a joint vocational school district under a contract	21606
between the community school and the joint vocational school	21607
district and are entitled to attend school in a city, local, or	21608
exempted village school district whose territory is part of the	21609
territory of the joint vocational district;	21610

(f) The number of enrolled preschool handicapped students	21611
receiving special education services in a state-funded unit;	21612

(g) The community school's base formula amount;

21613

(h) For each student, the city, exempted village, or local	21614
school district in which the student is entitled to attend school;	21615

(i) Any DPIA reduction factor that applies to a school year.

21616

(C) From the ~~payments~~SF-3 payment made to a city, exempted	21617
village, or local school district ~~under Chapter 3317. of the~~	21618
~~Revised Code~~ and, if necessary, from the payment made to the	21619
district under sections ~~321.14~~321.24 and 323.156 of the Revised	21620
Code, the department of education shall annually subtract ~~all~~the	21621
sum of the ~~following:~~amounts described in divisions (C)(1) to (5)	21622
of this section. However, the aggregate amount deducted under this	21623
division shall not exceed the sum of the district's SF-3 payment	21624
and its payment under sections 321.24 and 323.156 of the Revised	21625
Code.	21626

(1) An amount equal to the sum of the amounts obtained when,	21627
for each community school where the district's students are	21628
enrolled, the number of the district's students reported under	21629
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	21630
in grades one through twelve, and one-half the number of students	21631
reported under those divisions who are enrolled in kindergarten,	21632
in that community school is multiplied by the base formula amount	21633
of that community school as adjusted by the school district's	21634
cost-of-doing-business factor.	21635

(2) The sum of the amounts calculated under divisions	21636
(C)(2)(a) and (b) of this section:	21637

(a) For each of the district's students reported under	21638
division (B)(2)(c) of this section as enrolled in a community	21639
school in grades one through twelve and receiving special	21640
education and related services pursuant to an IEP for a handicap	21641
described in section 3317.013 of the Revised Code, the product of	21642
the applicable special education weight times the community	21643
school's base formula amount;	21644

(b) For each of the district's students reported under	21645
division (B)(2)(c) of this section as enrolled in kindergarten in	21646
a community school and receiving special education and related	21647
services pursuant to an IEP for a handicap described in section	21648
3317.013 of the Revised Code, one-half of the amount calculated as	21649
prescribed in division (C)(2)(a) of this section.	21650

(3) For each of the district's students reported under	21651
division (B)(2)(d) of this section for whom payment is made under	21652
division (D)(4) of this section, the amount of that payment;	21653

(4) An amount equal to the sum of the amounts obtained when,	21654
for each community school where the district's students are	21655
enrolled, the number of the district's students enrolled in that	21656
community school who are included in the district's DPIA student	21657
count is multiplied by the per pupil amount of disadvantaged pupil	21658
impact aid the school district receives that year pursuant to	21659
division (B) or (C) of section 3317.029 of the Revised Code, as	21660
adjusted by any DPIA reduction factor of that community school. If	21661
the district receives disadvantaged pupil impact aid under	21662
division (B) of that section, the per pupil amount of that aid is	21663
the quotient of the amount the district received under that	21664
division divided by the district's DPIA student count, as defined	21665
in that section. If the district receives disadvantaged pupil	21666
impact aid under division (C) of section 3317.029 of the Revised	21667
Code, the per pupil amount of that aid is the per pupil dollar	21668
amount prescribed for the district in division (C)(1) or (2) of	21669
that section.	21670

(5) An amount equal to the sum of the amounts obtained when,	21671
for each community school where the district's students are	21672
enrolled, the district's per pupil amount of aid received under	21673
division (E) of section 3317.029 of the Revised Code, as adjusted	21674
by any DPIA reduction factor of the community school, is	21675
multiplied by the sum of the following:	21676

(a) The number of the district's students reported under	21677
division (B)(2)(a) of this section who are enrolled in grades one	21678
to three in that community school and who are not receiving	21679
special education and related services pursuant to an IEP;	21680

(b) One-half of the district's students who are enrolled in	21681
all-day or any other kindergarten class in that community school	21682
and who are not receiving special education and related services	21683
pursuant to an IEP;	21684

(c) One-half of the district's students who are enrolled in	21685
all-day kindergarten in that community school and who are not	21686
receiving special education and related services pursuant to an	21687
IEP.	21688

The district's per pupil amount of aid under division (E) of	21689
section 3317.029 of the Revised Code is the quotient of the amount	21690
the district received under that division divided by the	21691
district's kindergarten through third grade ADM, as defined in	21692
that section.	21693

(D) The department shall annually pay to a community school	21694
established under this chapter ~~all~~the sum of the ~~following:~~	21695
amounts described in divisions (D)(1) to (6) of this section.	21696
However, the sum of the payments to all community schools under	21697
divisions (D)(1), (2), (4), (5), and (6) of this section for the	21698
students entitled to attend school in any particular school	21699
district shall not exceed the sum of that district's SF-3 payment	21700
and its payment under sections 321.24 and 323.156 of the Revised	21701
Code. If the sum of the payments calculated under those divisions	21702
for the students entitled to attend school in a particular school	21703
district exceeds the sum of that district's SF-3 payment and its	21704
payment under sections 321.24 and 323.156 of the Revised Code, the	21705
department shall calculate and apply a proration factor to the	21706
payments to all community schools under those divisions for the	21707
students entitled to attend school in that district.	21708

(1) An amount equal to the sum of the amounts obtained when	21709
the number of students enrolled in grades one through twelve, plus	21710
one-half of the kindergarten students in the school, reported	21711
under divisions (B)(2)(a), (b), and (e) of this section who are	21712
not receiving special education and related services pursuant to	21713
an IEP for a handicap described in section 3317.013 of the Revised	21714
Code is multiplied by the community school's base formula amount,	21715
as adjusted by the cost-of-doing-business factor of the school	21716
district in which the student is entitled to attend school;	21717

(2) The greater of the following:

21718

(a) The aggregate amount that the department paid to the	21719
community school in fiscal year 1999 for students receiving	21720
special education and related services pursuant to IEPs, excluding	21721
federal funds and state disadvantaged pupil impact aid funds;	21722

(b) The sum of the amounts calculated under divisions	21723
(D)(2)(b)(i) and (ii) of this section:	21724

(i) For each student reported under division (B)(2)(c) of	21725
this section as enrolled in the school in grades one through	21726
twelve and receiving special education and related services	21727
pursuant to an IEP for a handicap described in section 3317.013 of	21728
the Revised Code, the following amount:	21729

(the community school's base formula amount

21730

X the cost-of-doing-business factor

21731

of the district where the student

21732

is entitled to attend school) +	21733

(the applicable special education weight X

21734

the community school's base formula amount);

21735

(ii) For each student reported under division (B)(2)(c) of	21736
this section as enrolled in kindergarten and receiving special	21737
education and related services pursuant to an IEP for a handicap	21738
described in section 3317.013 of the Revised Code, one-half of the	21739
amount calculated under the formula prescribed in division	21740
(D)(2)(b)(i) of this section.	21741

(3) An amount received from federal funds to provide special	21742
education and related services to students in the community	21743
school, as determined by the superintendent of public instruction.	21744

(4) For each student reported under division (B)(2)(d) of	21745
this section as enrolled in vocational education programs or	21746
classes that are described in section 3317.014 of the Revised	21747
Code, are provided by the community school, and are comparable as	21748
determined by the superintendent of public instruction to school	21749
district vocational education programs and classes eligible for	21750
state weighted funding under section 3317.014 of the Revised Code,	21751
an amount equal to the applicable vocational education weight	21752
times the community school's base formula amount times the	21753
percentage of time the student spends in the vocational education	21754
programs or classes.	21755

(5) An amount equal to the sum of the amounts obtained when,	21756
for each school district where the community school's students are	21757
entitled to attend school, the number of that district's students	21758
enrolled in the community school who are included in the	21759
district's DPIA student count is multiplied by the per pupil	21760
amount of disadvantaged pupil impact aid that school district	21761
receives that year pursuant to division (B) or (C) of section	21762
3317.029 of the Revised Code, as adjusted by any DPIA reduction	21763
factor of the community school. The per pupil amount of aid shall	21764
be determined as described in division (C)(4) of this section.	21765

(6) An amount equal to the sum of the amounts obtained when,	21766
for each school district where the community school's students are	21767
entitled to attend school, the district's per pupil amount of aid	21768
received under division (E) of section 3317.029 of the Revised	21769
Code, as adjusted by any DPIA reduction factor of the community	21770
school, is multiplied by the sum of the following:	21771

(a) The number of the district's students reported under	21772
division (B)(2)(a) of this section who are enrolled in grades one	21773
to three in that community school and who are not receiving	21774
special education and related services pursuant to an IEP;	21775

(b) One-half of the district's students who are enrolled in	21776
all-day or any other kindergarten class in that community school	21777
and who are not receiving special education and related services	21778
pursuant to an IEP;	21779

(c) One-half of the district's students who are enrolled in	21780
all-day kindergarten in that community school and who are not	21781
receiving special education and related services pursuant to an	21782
IEP.	21783

The district's per pupil amount of aid under division (E) of	21784
section 3317.029 of the Revised Code shall be determined as	21785
described in division (C)(5) of this section.	21786

(E)(1) If a community school's costs for a fiscal year for a	21787
student receiving special education and related services pursuant	21788
to an IEP for a handicap described in divisions (B) to (F) of	21789
section 3317.013 of the Revised Code exceed the threshold	21790
catastrophic cost for serving the student as specified in division	21791
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	21792
submit to the superintendent of public instruction documentation,	21793
as prescribed by the superintendent, of all its costs for that	21794
student. Upon submission of documentation for a student of the	21795
type and in the manner prescribed, the department shall pay to the	21796
community school an amount equal to the school's costs for the	21797
student in excess of the threshold catastrophic costs.	21798

(2) The community school shall only report under division	21799
(E)(1) of this section, and the department shall only pay for, the	21800
costs of educational expenses and the related services provided to	21801
the student in accordance with the student's individualized	21802
education program. Any legal fees, court costs, or other costs	21803
associated with any cause of action relating to the student may	21804
not be included in the amount.	21805

(F) A community school may apply to the department of	21806
education for preschool handicapped or gifted unit funding the	21807
school would receive if it were a school district. Upon request of	21808
its governing authority, a community school that received unit	21809
funding as a school district-operated school before it became a	21810
community school shall retain any units awarded to it as a school	21811
district-operated school provided the school continues to meet	21812
eligibility standards for the unit.	21813

A community school shall be considered a school district and	21814
its governing authority shall be considered a board of education	21815
for the purpose of applying to any state or federal agency for	21816
grants that a school district may receive under federal or state	21817
law or any appropriations act of the general assembly. The	21818
governing authority of a community school may apply to any private	21819
entity for additional funds.	21820

(G) A board of education sponsoring a community school may	21821
utilize local funds to make enhancement grants to the school or	21822
may agree, either as part of the contract or separately, to	21823
provide any specific services to the community school at no cost	21824
to the school.	21825

(H) A community school may not levy taxes or issue bonds	21826
secured by tax revenues.	21827

(I) No community school shall charge tuition for the	21828
enrollment of any student.	21829

(J)(1)(a) A community school may borrow money to pay any	21830
necessary and actual expenses of the school in anticipation of the	21831
receipt of any portion of the payments to be received by the	21832
school pursuant to division (D) of this section. The school may	21833
issue notes to evidence such borrowing . The proceeds of the notes	21834
shall be used only for the purposes for which the anticipated	21835
receipts may be lawfully expended by the school.	21836

(b) A school may also borrow money for a term not to exceed	21837
fifteen years for the purpose of acquiring facilities.	21838

(2) Except for any amount guaranteed under section 3318.50 of	21839
the Revised Code, the state is not liable for debt incurred by the	21840
governing authority of a community school.	21841

(K) For purposes of determining the number of students for	21842
which divisions (D)(5) and (6) of this section applies in any	21843
school year, a community school may submit to the department of	21844
job and family services, no later than the first day of March, a	21845
list of the students enrolled in the school. For each student on	21846
the list, the community school shall indicate the student's name,	21847
address, and date of birth and the school district where the	21848
student is entitled to attend school. Upon receipt of a list under	21849
this division, the department of job and family services shall	21850
determine, for each school district where one or more students on	21851
the list is entitled to attend school, the number of students	21852
residing in that school district who were included in the	21853
department's report under section 3317.10 of the Revised Code. The	21854
department shall make this determination on the basis of	21855
information readily available to it. Upon making this	21856
determination and no later than ninety days after submission of	21857
the list by the community school, the department shall report to	21858
the state department of education the number of students on the	21859
list who reside in each school district who were included in the	21860
department's report under section 3317.10 of the Revised Code. In	21861
complying with this division, the department of job and family	21862
services shall not report to the state department of education any	21863
personally identifiable information on any student.	21864

(L) The department of education shall adjust the amounts	21865
subtracted and paid under divisions (C) and (D) of this section to	21866
reflect any enrollment of students in community schools for less	21867
than the equivalent of a full school year. The state board of	21868
education within ninety days after ~~the effective date of this~~	21869
~~amendment~~April 8, 2003, shall adopt in accordance with Chapter	21870
119. of the Revised Code rules governing the payments to community	21871
schools under this section including initial payments in a school	21872
year and adjustments and reductions made in subsequent periodic	21873
payments to community schools and corresponding deductions from	21874
school district accounts as provided under divisions (C) and (D)	21875
of this section. For purposes of this section:	21876

(1) A student shall be considered enrolled in the community	21877
school for any portion of the school year the student is	21878
participating at a college under Chapter 3365. of the Revised	21879
Code.	21880

(2) A student shall be considered to be enrolled in a	21881
community school during a school year for the period of time	21882
between the date on which the school both has received	21883
documentation of the student's enrollment from a parent and has	21884
commenced participation in learning opportunities as defined in	21885
the contract with the sponsor. For purposes of applying this	21886
division to a community school student, "learning opportunities"	21887
shall be defined in the contract, which shall describe both	21888
classroom-based and non-classroom-based learning opportunities and	21889
shall be in compliance with criteria and documentation	21890
requirements for student participation which shall be established	21891
by the department. Any student's instruction time in	21892
non-classroom-based learning opportunities shall be certified by	21893
an employee of the community school. A student's enrollment shall	21894
be considered to cease on the date on which any of the following	21895
occur:	21896

(a) The community school receives documentation from a parent	21897
terminating enrollment of the student.	21898

(b) The community school is provided documentation of a	21899
student's enrollment in another public or private school.	21900

(c) The community school ceases to offer learning	21901
opportunities to the student pursuant to the terms of the contract	21902
with the sponsor or the operation of any provision of this	21903
chapter.	21904

(3) A student's percentage of full-time equivalency shall be	21905
considered to be the percentage the hours of learning opportunity	21906
offered to that student is of nine hundred and twenty hours.	21907

(M) The department of education shall reduce the amounts paid	21908
under division (D) of this section to reflect payments made to	21909
colleges under division (B) of section 3365.07 of the Revised	21910
Code.	21911

(N)(1) No student shall be considered enrolled in any	21912
internet- or computer-based community school unless ~~the~~both of	21913
the following conditions are satisfied:	21914

(a) The student possesses or has been provided with all	21915
required hardware and software materials and all such materials	21916
are ~~fully~~ operational ~~and the~~so that the student is capable of	21917
fully participating in the learning opportunities specified in the	21918
contract between the school and the school's sponsor as required	21919
by division (A)(23) of section 3314.03 of the Revised Code;	21920

(b) The school is in compliance with division (A)(1) or (2)	21921
of section 3314.032 of the Revised Code, relative to such student.	21922
In	21923

(2) In accordance with policies adopted jointly by the	21924
superintendent of public instruction and the auditor of state, the	21925
department shall reduce the amounts otherwise payable under	21926
division (D) of this section to any internet- or computer-based	21927
community school that includes in its program the provision of	21928
computer hardware and software materials to each student, if such	21929
hardware and software materials have not been delivered,	21930
installed, and activated for all students in a timely manner or	21931
other educational materials or services have not been provided	21932
according to the contract between the individual community school	21933
and its sponsor.	21934

The superintendent of public instruction and the auditor of	21935
state shall jointly establish a method for auditing any community	21936
school to which this division pertains to ensure compliance with	21937
this section.	21938

The superintendent, auditor of state, and the governor shall	21939
jointly make recommendations to the general assembly for	21940
legislative changes that may be required to assure fiscal and	21941
academic accountability for such internet- or computer-based	21942
schools.	21943

(O)(1) If the department determines that a review of a	21944
community school's enrollment is necessary, such review shall be	21945
completed and written notice of the findings shall be provided to	21946
the governing authority of the community school and its sponsor	21947
within ninety days of the end of the community school's fiscal	21948
year, unless extended for a period not to exceed thirty additional	21949
days for one of the following reasons:	21950

(a) The department and the community school mutually agree to	21951
the extension.	21952

(b) Delays in data submission caused by either a community	21953
school or its sponsor.	21954

(2) If the review results in a finding that additional	21955
funding is owed to the school, such payment shall be made within	21956
thirty days of the written notice. If the review results in a	21957
finding that the community school owes moneys to the state, the	21958
following procedure shall apply:	21959

(a) Within ten business days of the receipt of the notice of	21960
findings, the community school may appeal the department's	21961
determination to the state board of education or its designee.	21962

(b) The board or its designee shall conduct an informal	21963
hearing on the matter within thirty days of receipt of such an	21964
appeal and shall issue a decision within fifteen days of the	21965
conclusion of the hearing.	21966

(c) If the board has enlisted a designee to conduct the	21967
hearing, the designee shall certify its decision to the board. The	21968
board may accept the decision of the designee or may reject the	21969
decision of the designee and issue its own decision on the matter.	21970

(d) Any decision made by the board under this division is	21971
final.	21972

(3) If it is decided that the community school owes moneys to	21973
the state, the department shall deduct such amount from the	21974
school's future payments in accordance with guidelines issued by	21975
the superintendent of public instruction.	21976

(P) Beginning July 1, 2007, each community school shall	21977
utilize the student management record system prescribed by the	21978
department as its student administration software package to	21979
manage and report all data required to be reported to the	21980
department, as a condition to receiving any payment under this	21981
section.	21982

Sec. 3314.083. If the department of education pays a joint	21983
vocational school district under division (G)(4) of section	21984
3317.16 of the Revised Code for excess costs of providing special	21985
education and related services to a handicapped student who is	21986
enrolled in a community school, as calculated under division	21987
(G)(2) of that section, the department shall deduct the amount of	21988
that payment from the amount calculated for payment to the	21989
community school under section 3314.08 of the Revised Code.	21990

Sec. 3314.17. (A) Each community school established under	21991
this chapter shall participate in the statewide education	21992
management information system established under section 3301.0714	21993
of the Revised Code. All provisions of that section and the rules	21994
adopted under that section apply to each community school as if it	21995
were a school district, except as modified for community schools	21996
under division (B) of this section.	21997

(B) The rules adopted by the state board of education under	21998
section 3301.0714 of the Revised Code may distinguish methods and	21999
timelines for community schools to annually report data, which	22000
methods and timelines differ from those prescribed for school	22001
districts. Any methods and timelines prescribed for community	22002
schools shall be appropriate to the academic schedule and	22003
financing of community schools. The guidelines, however, shall not	22004
modify the actual data required to be reported under that section.	22005

(C) Each fiscal officer appointed under section 3314.011 of	22006
the Revised Code is responsible for annually reporting the	22007
community school's data under section 3301.0714 of the Revised	22008
Code. If the superintendent of public instruction determines that	22009
a community school fiscal officer has willfully failed to report	22010
data or has willfully reported erroneous, inaccurate, or	22011
incomplete data in any year, or has negligently reported	22012
erroneous, inaccurate, or incomplete data in the current and any	22013
previous year, the superintendent may impose a civil penalty of	22014
one hundred dollars on the fiscal officer after providing the	22015
officer with notice and an opportunity for a hearing in accordance	22016
with Chapter 119. of the Revised Code. The superintendent's	22017
authority to impose civil penalties under this division does not	22018
preclude the state board of education from suspending or revoking	22019
the license of a community school employee under division (N) of	22020
section 3301.0714 of the Revised Code.	22021

(D) No community school shall acquire, change, or update its	22022
student administration software package to manage and report data	22023
required to be reported to the department unless it converts to	22024
the student management record system prescribed by the department.	22025

Sec. 3316.08. During a school district's fiscal emergency	22026
period, the auditor of state shall determine annually, or at any	22027
other time upon request of the financial planning and supervision	22028
commission, whether the school district will incur an operating	22029
deficit. If the auditor of state determines that a school district	22030
will incur an operating deficit, the auditor of state shall	22031
certify that determination to the superintendent of public	22032
instruction, the financial planning and supervision commission,	22033
and the board of education of the school district. Upon receiving	22034
the auditor of state's certification, the ~~board of education or~~	22035
commission shall adopt a resolution ~~to submit a ballot question~~	22036
~~proposing the levy of a tax~~requesting that the board of education	22037
work with the county auditor or tax commissioner to estimate the	22038
amount and rate of a tax levy that is needed under section	22039
5705.194 or 5705.21 or Chapter 5748. of the Revised Code to	22040
produce a positive fund balance not later than the fifth year of	22041
the five-year forecast submitted under section 5705.391 of the	22042
Revised Code. ~~Except~~	22043

The board of education shall recommend to the commission	22044
whether the board supports or opposes a tax levy under section	22045
5705.194 or 5705.21 or Chapter 5748. of the Revised Code and shall	22046
provide supporting documentation to the commission of its	22047
recommendation.	22048

After considering the board of education's recommendation and	22049
supporting documentation, the commission shall adopt a resolution	22050
to either submit a ballot question proposing a tax levy or not to	22051
submit such a question.	22052

Except as otherwise provided in this division, the tax shall	22053
be levied in the manner prescribed for a tax levied under section	22054
5705.194 or 5705.21 or under Chapter 5748. of the Revised Code.	22055
~~The~~If the commission decides that a tax ~~shall~~should be levied,	22056
the tax shall be levied for the purpose of paying current	22057
operating expenses of the school district. ~~The question shall~~	22058
~~propose that the tax be levied at the rate required to produce~~	22059
~~annual revenue sufficient to eliminate the operating deficit as~~	22060
~~certified by the auditor of state and to repay outstanding loans~~	22061
~~or other obligations incurred by the board of education for the~~	22062
~~purpose of reducing or eliminating operating deficits, as~~	22063
~~determined by the financial planning and supervision commission.~~	22064
The rate of a tax levied under section 5705.194 or 5705.21 of the	22065
Revised Code shall be determined by the county auditor, and the	22066
rate of a tax levied under section 5748.02 or 5748.08 of the	22067
Revised Code shall be determined by the tax commissioner, upon the	22068
request of the commission. The commission, in consultation with	22069
the board of education, shall determine the election at which the	22070
question of the tax shall appear on the ballot, and the ~~board of~~	22071
~~education or~~ commission shall submit a copy of its resolution to	22072
the board of elections not later than seventy-five days prior to	22073
the day of that election. The board of elections conducting the	22074
election shall certify the results of the election to the board of	22075
education and to the financial planning and supervision	22076
commission.	22077

Sec. 3317.01. As used in this section and section 3317.011	22078
of the Revised Code, "school district," unless otherwise	22079
specified, means any city, local, exempted village, joint	22080
vocational, or cooperative education school district and any	22081
educational service center.	22082

This chapter shall be administered by the state board of	22083
education. The superintendent of public instruction shall	22084
calculate the amounts payable to each school district and shall	22085
certify the amounts payable to each eligible district to the	22086
treasurer of the district as provided by this chapter. No moneys	22087
shall be distributed pursuant to this chapter without the approval	22088
of the controlling board.	22089

The state board of education shall, in accordance with	22090
appropriations made by the general assembly, meet the financial	22091
obligations of this chapter.	22092

Annually, the department of education shall calculate and	22093
report to each school district the district's total state and	22094
local funds for providing an adequate basic education to the	22095
district's nonhandicapped students, utilizing the determination in	22096
section 3317.012 of the Revised Code. In addition, the department	22097
shall calculate and report separately for each school district the	22098
district's total state and local funds for providing an adequate	22099
education for its handicapped students, utilizing the	22100
determinations in both sections 3317.012 and 3317.013 of the	22101
Revised Code.	22102

Not later than the thirty-first day of August of each fiscal	22103
year, the department of education shall provide to each school	22104
district and county MR/DD board a preliminary estimate of the	22105
amount of funding that the department calculates the district will	22106
receive under each of divisions (C)(1) and (4) of section 3317.022	22107
of the Revised Code. No later than the first day of December of	22108
each fiscal year, the department shall update that preliminary	22109
estimate.	22110

Moneys distributed pursuant to this chapter shall be	22111
calculated and paid on a fiscal year basis, beginning with the	22112
first day of July and extending through the thirtieth day of June.	22113
The moneys appropriated for each fiscal year shall be distributed	22114
at least monthly to each school district unless otherwise provided	22115
for. The state board shall submit a yearly distribution plan to	22116
the controlling board at its first meeting in July. The state	22117
board shall submit any proposed midyear revision of the plan to	22118
the controlling board in January. Any year-end revision of the	22119
plan shall be submitted to the controlling board in June. If	22120
moneys appropriated for each fiscal year are distributed other	22121
than monthly, such distribution shall be on the same basis for	22122
each school district.	22123

The total amounts paid each month shall constitute, as nearly	22124
as possible, one-twelfth of the total amount payable for the	22125
entire year. Payments made during the first six months of the	22126
fiscal year may be based on an estimate of the amounts payable for	22127
the entire year. Payments made in the last six months shall be	22128
based on the final calculation of the amounts payable to each	22129
school district for that fiscal year. Payments made in the last	22130
six months may be adjusted, if necessary, to correct the amounts	22131
distributed in the first six months, and to reflect enrollment	22132
increases when such are at least three per cent. Except as	22133
otherwise provided, payments under this chapter shall be made only	22134
to those school districts in which:	22135

(A) The school district, except for any educational service	22136
center and any joint vocational or cooperative education school	22137
district, levies for current operating expenses at least twenty	22138
mills. Levies for joint vocational or cooperative education school	22139
districts or county school financing districts, limited to or to	22140
the extent apportioned to current expenses, shall be included in	22141
this qualification requirement. School district income tax levies	22142
under Chapter 5748. of the Revised Code, limited to or to the	22143
extent apportioned to current operating expenses, shall be	22144
included in this qualification requirement to the extent	22145
determined by the tax commissioner under division (D) of section	22146
3317.021 of the Revised Code.	22147

(B) The school year next preceding the fiscal year for which	22148
such payments are authorized meets the requirement of section	22149
3313.48 or 3313.481 of the Revised Code, with regard to the	22150
minimum number of days or hours school must be open for	22151
instruction with pupils in attendance, for individualized	22152
parent-teacher conference and reporting periods, and for	22153
professional meetings of teachers. This requirement shall be	22154
waived by the superintendent of public instruction if it had been	22155
necessary for a school to be closed because of disease epidemic,	22156
hazardous weather conditions, inoperability of school buses or	22157
other equipment necessary to the school's operation, damage to a	22158
school building, or other temporary circumstances due to utility	22159
failure rendering the school building unfit for school use,	22160
provided that for those school districts operating pursuant to	22161
section 3313.48 of the Revised Code the number of days the school	22162
was actually open for instruction with pupils in attendance and	22163
for individualized parent-teacher conference and reporting periods	22164
is not less than one hundred seventy-five, or for those school	22165
districts operating on a trimester plan the number of days the	22166
school was actually open for instruction with pupils in attendance	22167
not less than seventy-nine days in any trimester, for those school	22168
districts operating on a quarterly plan the number of days the	22169
school was actually open for instruction with pupils in attendance	22170
not less than fifty-nine days in any quarter, or for those school	22171
districts operating on a pentamester plan the number of days the	22172
school was actually open for instruction with pupils in attendance	22173
not less than forty-four days in any pentamester.	22174

A school district shall not be considered to have failed to	22175
comply with this division or section 3313.481 of the Revised Code	22176
because schools were open for instruction but either twelfth grade	22177
students were excused from attendance for up to three days or only	22178
a portion of the kindergarten students were in attendance for up	22179
to three days in order to allow for the gradual orientation to	22180
school of such students.	22181

The superintendent of public instruction shall waive the	22182
requirements of this section with reference to the minimum number	22183
of days or hours school must be in session with pupils in	22184
attendance for the school year succeeding the school year in which	22185
a board of education initiates a plan of operation pursuant to	22186
section 3313.481 of the Revised Code. The minimum requirements of	22187
this section shall again be applicable to such a district	22188
beginning with the school year commencing the second July	22189
succeeding the initiation of one such plan, and for each school	22190
year thereafter.	22191

A school district shall not be considered to have failed to	22192
comply with this division or section 3313.48 or 3313.481 of the	22193
Revised Code because schools were open for instruction but the	22194
length of the regularly scheduled school day, for any number of	22195
days during the school year, was reduced by not more than two	22196
hours due to hazardous weather conditions.	22197

(C) The school district has on file, and is paying in	22198
accordance with, a teachers' salary schedule which complies with	22199
section 3317.13 of the Revised Code.	22200

(D) The school district utilizes the student management	22201
record system prescribed by the department as its student	22202
administration software package to manage and report all data	22203
required to be reported to the department. This division applies	22204
beginning July 1, 2007.	22205

A board of education or governing board of an educational	22206
service center which has not conformed with other law and the	22207
rules pursuant thereto, shall not participate in the distribution	22208
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	22209
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	22210
and sufficient reason established to the satisfaction of the state	22211
board of education and the state controlling board.	22212

All funds allocated to school districts under this chapter,	22213
except those specifically allocated for other purposes, shall be	22214
used to pay current operating expenses only.	22215

Sec. 3317.012. (A)(1) The general assembly, having analyzed	22216
school district expenditure and cost data for fiscal year 1999,	22217
performed the calculation described in division (B) of this	22218
section, adjusted the results for inflation, and added the amounts	22219
described in division (A)(2) of this section, hereby determines	22220
that the base cost of an adequate education per pupil for the	22221
fiscal year beginning July 1, 2001, is $4,814. For the ~~five~~three	22222
following fiscal years, the base cost per pupil for each of those	22223
years, reflecting an annual rate of inflation of two and	22224
eight-tenths per cent, is $4,949 for fiscal year 2003, $5,088 for	22225
fiscal year 2004, and $5,230 for fiscal year 2005~~, $5,376 for~~	22226
~~fiscal year 2006, and $5,527 for fiscal year 2007~~.	22227

(2) The base cost per pupil amounts specified in division	22228
(A)(1) of this section include amounts to reflect the cost to	22229
school districts of increasing the minimum number of high school	22230
academic units required for graduation beginning September 15,	22231
2001, under section 3313.603 of the Revised Code. Analysis of	22232
fiscal year 1999 data revealed that the school districts meeting	22233
the requirements of division (B) of this section on average	22234
required high school students to complete a minimum of nineteen	22235
and eight-tenths units to graduate. The general assembly	22236
determines that the cost of funding the additional two-tenths unit	22237
required by section 3313.603 of the Revised Code is $12 per pupil	22238
in fiscal year 2002. This amount was added after the calculation	22239
described in division (B) of this section and the adjustment for	22240
inflation from fiscal year 1999 to fiscal year 2002. It is this	22241
total amount, the calculated base cost plus the supplement to pay	22242
for the additional partial unit, that constitutes the base cost	22243
amount specified in division (A)(1) of this section for fiscal	22244
year 2002 and that is inflated to produce the base cost amounts	22245
for fiscal years 2003 through ~~2007~~2005.	22246

(B) In determining the base cost stated in division (A) of	22247
this section, capital and debt costs, costs paid for by federal	22248
funds, and costs covered by funds provided for disadvantaged pupil	22249
impact aid and transportation were excluded, as were the effects	22250
on the districts' state funds of the application of the	22251
cost-of-doing-business factors, assuming a seven and one-half per	22252
cent variance.	22253

The base cost for fiscal year 1999 was calculated as the	22254
unweighted average cost per student, on a school district basis,	22255
of educating students who were not receiving vocational education	22256
or services pursuant to Chapter 3323. of the Revised Code and who	22257
were enrolled in a city, exempted village, or local school	22258
district that in fiscal year 1999 met all of the following	22259
criteria:	22260

(1) The district met at least twenty of the following	22261
twenty-seven performance indicators:	22262

(a) A ninety per cent or higher graduation rate;

22263

(b) At least seventy-five per cent of fourth graders	22264
proficient on the mathematics test prescribed under former	22265
division (A)(1) of section 3301.0710 of the Revised Code;	22266

(c) At least seventy-five per cent of fourth graders	22267
proficient on the reading test prescribed under former division	22268
(A)(1) of section 3301.0710 of the Revised Code;	22269

(d) At least seventy-five per cent of fourth graders	22270
proficient on the writing test prescribed under former division	22271
(A)(1) of section 3301.0710 of the Revised Code;	22272

(e) At least seventy-five per cent of fourth graders	22273
proficient on the citizenship test prescribed under former	22274
division (A)(1) of section 3301.0710 of the Revised Code;	22275

(f) At least seventy-five per cent of fourth graders	22276
proficient on the science test prescribed under former division	22277
(A)(1) of section 3301.0710 of the Revised Code;	22278

(g) At least seventy-five per cent of sixth graders	22279
proficient on the mathematics test prescribed under former	22280
division (A)(2) of section 3301.0710 of the Revised Code;	22281

(h) At least seventy-five per cent of sixth graders	22282
proficient on the reading test prescribed under former division	22283
(A)(2) of section 3301.0710 of the Revised Code;	22284

(i) At least seventy-five per cent of sixth graders	22285
proficient on the writing test prescribed under former division	22286
(A)(2) of section 3301.0710 of the Revised Code;	22287

(j) At least seventy-five per cent of sixth graders	22288
proficient on the citizenship test prescribed under former	22289
division (A)(2) of section 3301.0710 of the Revised Code;	22290

(k) At least seventy-five per cent of sixth graders	22291
proficient on the science test prescribed under former division	22292
(A)(2) of section 3301.0710 of the Revised Code;	22293

(l) At least seventy-five per cent of ninth graders	22294
proficient on the mathematics test prescribed under Section 4 of	22295
Am. Sub. S.B. 55 of the 122nd general assembly;	22296

(m) At least seventy-five per cent of ninth graders	22297
proficient on the reading test prescribed under Section 4 of Am.	22298
Sub. S.B. 55 of the 122nd general assembly;	22299

(n) At least seventy-five per cent of ninth graders	22300
proficient on the writing test prescribed under Section 4 of Am.	22301
Sub. S.B. 55 of the 122nd general assembly;	22302

(o) At least seventy-five per cent of ninth graders	22303
proficient on the citizenship test prescribed under Section 4 of	22304
Am. Sub. S.B. 55 of the 122nd general assembly;	22305

(p) At least seventy-five per cent of ninth graders	22306
proficient on the science test prescribed under Section 4 of Am.	22307
Sub. S.B. 55 of the 122nd general assembly;	22308

(q) At least eighty-five per cent of tenth graders proficient	22309
on the mathematics test prescribed under Section 4 of Am. Sub.	22310
S.B. 55 of the 122nd general assembly;	22311

(r) At least eighty-five per cent of tenth graders proficient	22312
on the reading test prescribed under Section 4 of Am. Sub. S.B. 55	22313
of the 122nd general assembly;	22314

(s) At least eighty-five per cent of tenth graders proficient	22315
on the writing test prescribed under Section 4 of Am. Sub. S.B. 55	22316
of the 122nd general assembly;	22317

(t) At least eighty-five per cent of tenth graders proficient	22318
on the citizenship test prescribed under Section 4 of Am. Sub.	22319
S.B. 55 of the 122nd general assembly;	22320

(u) At least eighty-five per cent of tenth graders proficient	22321
on the science test prescribed under Section 4 of Am. Sub. S.B. 55	22322
of the 122nd general assembly;	22323

(v) At least sixty per cent of twelfth graders proficient on	22324
the mathematics test prescribed under former division (A)(3) of	22325
section 3301.0710 of the Revised Code;	22326

(w) At least sixty per cent of twelfth graders proficient on	22327
the reading test prescribed under former division (A)(3) of	22328
section 3301.0710 of the Revised Code;	22329

(x) At least sixty per cent of twelfth graders proficient on	22330
the writing test prescribed under former division (A)(3) of	22331
section 3301.0710 of the Revised Code;	22332

(y) At least sixty per cent of twelfth graders proficient on	22333
the citizenship test prescribed under former division (A)(3) of	22334
section 3301.0710 of the Revised Code;	22335

(z) At least sixty per cent of twelfth graders proficient on	22336
the science test prescribed under former division (A)(3) of	22337
section 3301.0710 of the Revised Code;	22338

(aa) An attendance rate for the year of at least ninety-three	22339
per cent as defined in section 3302.01 of the Revised Code.	22340

In determining whether a school district met any of the	22341
performance standards specified in divisions (B)(1)(a) to (aa) of	22342
this section, the general assembly used a rounding procedure	22343
previously recommended by the department of education. It is the	22344
same rounding procedure the general assembly used in 1998 to	22345
determine whether a district had met the standards of former	22346
divisions (B)(1)(a) to (r) of this section for purposes of	22347
constructing the previous model based on fiscal year 1996 data.	22348

(2) The district was not among the five per cent of all	22349
districts with the highest income, nor among the five per cent of	22350
all districts with the lowest income.	22351

(3) The district was not among the five per cent of all	22352
districts with the highest valuation per pupil, nor among the five	22353
per cent of all districts with the lowest valuation per pupil.	22354

This model for calculating the base cost of an adequate	22355
education is expenditure-based. The general assembly recognizes	22356
that increases in state funding to school districts since fiscal	22357
year 1996, the fiscal year upon which the general assembly based	22358
its model for calculating state funding to school districts for	22359
fiscal years 1999 through 2001, has increased school district base	22360
cost expenditures for fiscal year 1999, the fiscal year upon which	22361
the general assembly based its model for calculating state funding	22362
for fiscal years 2002 through ~~2007~~2005. In the case of school	22363
districts included in the fiscal year 1999 model that also had met	22364
the fiscal year 1996 performance criteria of former division	22365
(B)(1) of this section, the increased state funding may have	22366
driven the districts' expenditures beyond the expenditures that	22367
were actually needed to maintain their educational programs at the	22368
level necessary to maintain their ability to meet the fiscal year	22369
1999 performance criteria of current division (B)(1) of this	22370
section. The general assembly has determined to control for this	22371
effect by stipulating in the later model that the fiscal year 1999	22372
base cost expenditures of the districts that also met the	22373
performance criteria of former division (B)(1) of this section	22374
equals their base cost expenditures per pupil for fiscal year	22375
1996, inflated to fiscal year 1999 using an annual rate of	22376
inflation of two and eight-tenths per cent. However, if this	22377
inflated amount exceeded the district's actual fiscal year 1999	22378
base cost expenditures per pupil, the district's actual fiscal	22379
year 1999 base cost expenditures per pupil were used in the	22380
calculation. For districts in the 1999 model that did not also	22381
meet the performance criteria of former division (B)(1) of this	22382
section, the actual 1999 base cost per pupil expenditures were	22383
used in the calculation of the average district per pupil costs of	22384
the model districts.	22385

~~(C) In July of 2005, and in July of every six years~~	22386
~~thereafter, the speaker of the house of representatives and the~~	22387
~~president of the senate shall each appoint three members to a~~	22388
~~committee to reexamine the cost of an adequate education. No more~~	22389
~~than two members from any political party shall represent each~~	22390
~~house. The director of budget and management and the~~	22391
~~superintendent of public instruction shall serve as nonvoting ex~~	22392
~~officio members of the committee.~~	22393

~~The committee shall select a rational methodology for~~	22394
~~calculating the costs of an adequate education system for the~~	22395
~~ensuing six-year period, and shall report the methodology and the~~	22396
~~resulting costs to the general assembly. In performing its~~	22397
~~function, the committee is not bound by any method used by~~	22398
~~previous general assemblies to examine and calculate costs and~~	22399
~~instead may utilize any rational method it deems suitable and~~	22400
~~reasonable given the educational needs and requirements of the~~	22401
~~state at that time.~~	22402

~~The methodology for determining the cost of an adequate~~	22403
~~education system shall take into account the basic educational~~	22404
~~costs that all districts incur in educating regular students, the~~	22405
~~unique needs of special categories of students, and significant~~	22406
~~special conditions encountered by certain classifications of~~	22407
~~school districts.~~	22408

~~The committee also shall redetermine, for purposes of~~	22409
~~updating the parity aid calculation under section 3317.0217 of the~~	22410
~~Revised Code, the average number of effective operating mills that~~	22411
~~school districts in the seventieth to ninetieth percentiles of~~	22412
~~valuations per pupil collect above the revenues required to~~	22413
~~finance their attributed local shares of the calculated cost of an~~	22414
~~adequate education.~~	22415

~~Any committee appointed pursuant to this section shall make~~	22416
~~its report to the office of budget and management and the general~~	22417
~~assembly within one year of its appointment so that the~~	22418
~~information is available for use by the office and the general~~	22419
~~assembly in preparing the next biennial appropriations act.~~	22420

~~(D)(1) For purposes of this division, an "update year" is the~~	22421
~~first fiscal year for which the per pupil base cost of an adequate~~	22422
~~education is in effect after being recalculated by the general~~	22423
~~assembly. The first update year is fiscal year 2002. The second~~	22424
~~update year is fiscal year 2008.~~	22425

~~(2) The general assembly shall recalculate the per pupil base~~	22426
~~cost of an adequate education every six years after considering~~	22427
~~the recommendations of the committee appointed under division (C)~~	22428
~~of this section. At the time of the recalculation, for each of the~~	22429
~~five fiscal years following the update year, the general assembly~~	22430
~~shall adjust the base cost recalculated for the update year using~~	22431
~~an annual rate of inflation that the general assembly determines~~	22432
~~appropriate.~~	22433

~~(3) The general assembly shall include, in the act~~	22434
~~appropriating state funds for education programs for a fiscal~~	22435
~~biennium that begins with an update year, a statement of its~~	22436
~~determination of the total state share percentage of base cost and~~	22437
~~parity aid funding for the update year.~~	22438

~~(4) During its biennial budget deliberations, the general~~	22439
~~assembly shall determine the total state share percentage of base~~	22440
~~cost and parity aid funding for each fiscal year of the upcoming~~	22441
~~biennium. This determination shall be based on the latest~~	22442
~~projections and data provided by the department of education under~~	22443
~~division (D)(6) of this section prior to the enactment of~~	22444
~~education appropriations for the upcoming biennium. If, based on~~	22445
~~those latest projections and data, the general assembly determines~~	22446
~~that the total state share percentage for either or both nonupdate~~	22447
~~fiscal years varies more than two and one-half percentage points~~	22448
~~more or less than the total state share percentage for the most~~	22449
~~recent update year, as previously stated by the general assembly~~	22450
~~under division (D)(3) of this section, the general assembly shall~~	22451
~~determine and enact a method that it considers appropriate to~~	22452
~~restrict the estimated variance for each year to within two and~~	22453
~~one-half percentage points. The general assembly's methods may~~	22454
~~include, but are not required to include and need not be limited~~	22455
~~to, reexamining the rate of millage charged off as the local share~~	22456
~~of base cost funding under divisions (A)(1) and (2) of section~~	22457
~~3317.022 of the Revised Code. Regardless of any changes in~~	22458
~~charge-off millage rates in years between update years, however,~~	22459
~~the charge-off millage rate for update years shall be twenty-three~~	22460
~~mills, unless the general assembly determines that a different~~	22461
~~millage rate is more appropriate to share the total calculated~~	22462
~~base cost between the state and school districts.~~	22463

~~(5) The total state share percentage of base cost and parity~~	22464
~~aid funding for any fiscal year is calculated as follows:~~	22465

~~[(Total state base cost + total state parity aid funding) -~~	22466
~~statewide charge-off amount] / (Total state base cost + total~~	22467
~~state parity aid funding)~~	22468

~~Where:~~

22469

~~(a) The total state base cost equals the sum of the base~~	22470
~~costs for all school districts for the fiscal year.~~	22471

~~(b) The base cost for each school district equals:~~

22472

~~formula amount X cost-of-doing-business factor X~~

22473

~~the greater of formula ADM or~~	22474

~~three-year average formula ADM~~

22475

~~(c) The total state parity aid funding equals the sum of the~~	22476
~~amounts paid to all school districts for the fiscal year under~~	22477
~~section 3317.0217 of the Revised Code.~~	22478

~~(d) The statewide charge-off amount equals the sum of the~~	22479
~~charge-off amounts for all school districts.~~	22480

~~(e) The charge-off amount for each school district is the~~	22481
~~amount calculated as its local share of base cost funding and~~	22482
~~deducted from the total calculated base cost to determine the~~	22483
~~amount of its state payment under divisions (A)(1) and (2) of~~	22484
~~section 3317.022 of the Revised Code. The charge-off amount for~~	22485
~~each school district in fiscal year 2002 is the product of~~	22486
~~twenty-three mills multiplied by the district's recognized~~	22487
~~valuation as adjusted, if applicable, under division (A)(2) of~~	22488
~~section 3317.022 of the Revised Code. If however, in any fiscal~~	22489
~~year, including fiscal year 2002, a school district's calculated~~	22490
~~charge-off amount exceeds its base cost calculated as described in~~	22491
~~division (D)(5)(b) of this section, the district's charge-off~~	22492
~~amount shall be deemed to equal its calculated base cost.~~	22493

~~(6) Whenever requested by the chairperson of the standing~~	22494
~~committee of the house or representatives or the senate having~~	22495
~~primary jurisdiction over appropriations, the legislative budget~~	22496
~~officer, or the director of budget and management, the department~~	22497
~~of education shall report its latest projections for total base~~	22498
~~cost, total parity aid funding, and the statewide charge-off~~	22499
~~amount, as those terms are defined in division (D)(5) of this~~	22500
~~section, for each year of the upcoming fiscal biennium, and all~~	22501
~~data it used to make the projections.~~	22502

Sec. 3317.013. This section does not apply to handicapped	22503
preschool students.	22504

Analysis of special education cost data has resulted in a	22505
finding that the average special education additional cost per	22506
pupil, including the costs of related services, can be expressed	22507
as a multiple of the base cost per pupil calculated under section	22508
3317.012 of the Revised Code. The multiples for the following	22509
categories of special education programs, as these programs are	22510
defined for purposes of Chapter 3323. of the Revised Code, and	22511
adjusted as provided in this section, are as follows:	22512

(A) A multiple of 0.2892 for students whose primary or only	22513
identified handicap is a speech and language handicap, as this	22514
term is defined pursuant to Chapter 3323. of the Revised Code;	22515

(B) A multiple of 0.3691 for students identified as specific	22516
learning disabled or developmentally handicapped, as these terms	22517
are defined pursuant to Chapter 3323. of the Revised Code, or	22518
other health handicapped-minor;	22519

(C) A multiple of 1.7695 for students identified as hearing	22520
handicapped, vision impaired, or severe behavior handicapped, as	22521
these terms are defined pursuant to Chapter 3323. of the Revised	22522
Code;	22523

(D) A multiple of 2.3646 for students identified as	22524
orthopedically handicapped, as this term is defined pursuant to	22525
Chapter 3323. of the Revised Code or other health handicapped -	22526
major;	22527

(E) A multiple of 3.1129 for students identified as	22528
multihandicapped, as this term is defined pursuant to Chapter	22529
3323. of the Revised Code;	22530

(F) A multiple of 4.7342 for students identified as autistic,	22531
having traumatic brain injuries, or as both visually and hearing	22532
disabled, as these terms are defined pursuant to Chapter 3323. of	22533
the Revised Code.	22534

In fiscal year ~~2002~~2004, the multiples specified in	22535
divisions (A) to (F) of this section shall be adjusted by	22536
multiplying them by ~~0.825~~0.88. In fiscal year ~~2003~~2005, the	22537
multiples specified in those divisions shall be adjusted by	22538
multiplying them by ~~0.875~~0.90.	22539

Not later than May 30, 2004, and May 30, 2005, the department	22540
shall submit to the office of budget and management a report that	22541
specifies for each city, local, exempted village, and joint	22542
vocational school district the fiscal year allocation of the state	22543
and local shares of special education and related services	22544
additional weighted funding and federal special education funds	22545
passed through to the district.	22546

Sec. 3317.014. The average vocational education additional	22547
cost per pupil can be expressed as a multiple of the base cost per	22548
pupil calculated under section 3317.012 of the Revised Code. the	22549
multiples for the following categories of vocational education	22550
programs are as follows:	22551

(A) A multiple of 0.57 for students enrolled in vocational	22552
education job-training and workforce development programs approved	22553
by the department of education in accordance with rules adopted	22554
under section 3313.90 of the Revised Code.	22555

(B) A multiple of 0.28 for students enrolled in vocational	22556
education classes other than job-training and workforce	22557
development programs.	22558

Vocational education associated services costs can be	22559
expressed as a multiple of 0.05 of the base cost per pupil	22560
calculated under section 3317.012 of the Revised Code.	22561

The general assembly has adjusted the multiples specified in	22562
this section for calculating payments beginning in fiscal year	22563
2002 in recognition that its policy change regarding the	22564
application of the cost-of-doing-business factor produces a higher	22565
base cost amount than would exist if no change were made to its	22566
application. The adjustment maintains the same weighted costs as	22567
would exist if no change were made to the application of the	22568
cost-of-doing-business factor.	22569

The department of education shall annually report to the	22570
governor and the general assembly the amount of weighted funding	22571
for vocational education and associated services that is spent by	22572
each city, local, exempted village, and joint vocational school	22573
district specifically for vocational educational and associated	22574
services.	22575

Sec. 3317.022. (A)(1) The department of education shall	22576
compute and distribute state base cost funding to each school	22577
district for the fiscal year in accordance with the following	22578
formula, making any adjustment required by division (A)(2) of this	22579
section and using the information obtained under section 3317.021	22580
of the Revised Code in the calendar year in which the fiscal year	22581
begins.	22582

Compute the following for each eligible district:

22583

[(cost-of-doing-business factor X

22584

the formula amount X ~~(the greater of formula ADM~~

22585

~~or three-year average~~ formula ADM)] -

22586

(.023 X recognized valuation)

22587

If the difference obtained is a negative number, the	22588
district's computation shall be zero.	22589

(2)(a) For each school district for which the tax exempt	22590
value of the district equals or exceeds twenty-five per cent of	22591
the potential value of the district, the department of education	22592
shall calculate the difference between the district's tax exempt	22593
value and twenty-five per cent of the district's potential value.	22594

(b) For each school district to which division (A)(2)(a) of	22595
this section applies, the department shall adjust the recognized	22596
valuation used in the calculation under division (A)(1) of this	22597
section by subtracting from it the amount calculated under	22598
division (A)(2)(a) of this section.	22599

(B) As used in this section:

22600

(1) The "total special education weight" for a district means	22601
the sum of the following amounts:	22602

(a) The district's category one special education ADM	22603
multiplied by the multiple specified in division (A) of section	22604
3317.013 of the Revised Code;	22605

(b) The district's category two special education ADM	22606
multiplied by the multiple specified in division (B) of section	22607
3317.013 of the Revised Code;	22608

(c) The district's category three special education ADM	22609
multiplied by the multiple specified in division (C) of section	22610
3317.013 of the Revised Code;	22611

(d) The district's category four special education ADM	22612
multiplied by the multiple specified in division (D) of section	22613
3317.013 of the Revised Code;	22614

(e) The district's category five special education ADM	22615
multiplied by the multiple specified in division (E) of section	22616
3317.013 of the Revised Code;	22617

(f) The district's category six special education ADM	22618
multiplied by the multiple specified in division (F) of section	22619
3317.013 of the Revised Code.	22620

(2) "State share percentage" means the percentage calculated	22621
for a district as follows:	22622

(a) Calculate the state base cost funding amount for the	22623
district for the fiscal year under division (A) of this section.	22624
If the district would not receive any state base cost funding for	22625
that year under that division, the district's state share	22626
percentage is zero.	22627

(b) If the district would receive state base cost funding	22628
under that division, divide that amount by an amount equal to the	22629
following:	22630

Cost-of-doing-business factor X

22631

the formula amount X ~~(the greater of formula~~

22632

~~ADM or three-year average~~ formula ADM)

22633

The resultant number is the district's state share	22634
percentage.	22635

(3) "Related services" includes:

22636

(a) Child study, special education supervisors and	22637
coordinators, speech and hearing services, adaptive physical	22638
development services, occupational or physical therapy, teacher	22639
assistants for handicapped children whose handicaps are described	22640
in division (B) of section 3317.013 or division (F)(3) of section	22641
3317.02 of the Revised Code, behavioral intervention, interpreter	22642
services, work study, nursing services, and specialized	22643
integrative services as those terms are defined by the department;	22644

(b) Speech and language services provided to any student with	22645
a handicap, including any student whose primary or only handicap	22646
is a speech and language handicap;	22647

(c) Any related service not specifically covered by other	22648
state funds but specified in federal law, including but not	22649
limited to, audiology and school psychological services;	22650

(d) Any service included in units funded under former	22651
division (O)(1) of section 3317.023 of the Revised Code;	22652

(e) Any other related service needed by handicapped children	22653
in accordance with their individualized education plans.	22654

(4) The "total vocational education weight" for a district	22655
means the sum of the following amounts:	22656

(a) The district's category one vocational education ADM	22657
multiplied by the multiple specified in division (A) of section	22658
3317.014 of the Revised Code;	22659

(b) The district's category two vocational education ADM	22660
multiplied by the multiple specified in division (B) of section	22661
3317.014 of the Revised Code.	22662

(C)(1) The department shall compute and distribute state	22663
special education and related services additional weighted costs	22664
funds to each school district in accordance with the following	22665
formula:	22666

The district's state share percentage

22667

X the formula amount for the year

22668

for which the aid is calculated

22669

X the district's total special education weight

22670

(2) The attributed local share of special education and	22671
related services additional weighted costs equals:	22672

(1 - the district's state share percentage) X

22673

the district's total special education weight X

22674

the formula amount

22675

(3)(a) The department shall compute and pay in accordance	22676
with this division additional state aid to school districts for	22677
students in categories two through six special education ADM. If a	22678
district's costs for the fiscal year for a student in its	22679
categories two through six special education ADM exceed the	22680
threshold catastrophic cost for serving the student, the district	22681
may submit to the superintendent of public instruction	22682
documentation, as prescribed by the superintendent, of all its	22683
costs for that student. Upon submission of documentation for a	22684
student of the type and in the manner prescribed, the department	22685
shall pay to the district an amount equal to the sum of the	22686
following:	22687

(i) One-half of the district's costs for the student in	22688
excess of the threshold catastrophic cost;	22689

(ii) The product of one-half of the district's costs for the	22690
student in excess of the threshold catastrophic cost multiplied by	22691
the district's state share percentage.	22692

(b) For purposes of division (C)(3)(a) of this section, the	22693
threshold catastrophic cost for serving a student equals:	22694

(i) For a student in the school district's category two,	22695
three, four, or five special education ADM, twenty-five thousand	22696
dollars in fiscal year 2002 and twenty-five thousand seven hundred	22697
dollars in fiscal ~~year~~years 2003, 2004, and 2005;	22698

(ii) For a student in the district's category six special	22699
education ADM, thirty thousand dollars in fiscal year 2002 and	22700
thirty thousand eight hundred forty dollars in fiscal ~~year~~years	22701
2003, 2004, and 2005.	22702

~~The threshold catastrophic costs for fiscal year 2003~~	22703
~~represent a two and eight-tenths per cent inflationary increase~~	22704
~~over fiscal year 2002.~~	22705

(c) The district shall only report under division (C)(3)(a)	22706
of this section, and the department shall only pay for, the costs	22707
of educational expenses and the related services provided to the	22708
student in accordance with the student's individualized education	22709
program. Any legal fees, court costs, or other costs associated	22710
with any cause of action relating to the student may not be	22711
included in the amount.	22712

~~(5)~~(4)(a) As used in this division, the "personnel allowance"	22713
means thirty thousand dollars in fiscal years 2002 ~~and~~, 2003,	22714
2004, and 2005.	22715

(b) For the provision of speech services to students,	22716
including students who do not have individualized education	22717
programs prepared for them under Chapter 3323. of the Revised	22718
Code, and for no other purpose, the department of education shall	22719
pay each school district an amount calculated under the following	22720
formula:	22721

(formula ADM divided by 2000) X

22722

the personnel allowance X the state share percentage

22723

(5) In any fiscal year, a school district shall spend for	22724
purposes that the department designates as approved for special	22725
education and related services expenses at least the amount	22726
calculated as follows:	22727

(cost-of-doing-business factor X

22728

formula amount X the sum of categories

22729

one through six special education ADM) +	22730

(total special education weight X formula amount)

22731

The purposes approved by the department for special education	22732
expenses shall include, but shall not be limited to,	22733
identification of handicapped children, compliance with state	22734
rules governing the education of handicapped children and	22735
prescribing the continuum of program options for handicapped	22736
children, and the portion of the school district's overall	22737
administrative and overhead costs that are attributable to the	22738
district's special education student population.	22739

The department shall require school districts to report data	22740
annually to allow for monitoring compliance with division (C)(5)	22741
of this section. The department shall annually report to the	22742
governor and the general assembly the amount of money spent by	22743
each school district for special education and related services.	22744

(D)(1) As used in this division:

22745

(a) "Daily bus miles per student" equals the number of bus	22746
miles traveled per day, divided by transportation base.	22747

(b) "Transportation base" equals total student count as	22748
defined in section 3301.011 of the Revised Code, minus the number	22749
of students enrolled in preschool handicapped units, plus the	22750
number of nonpublic school students included in transportation	22751
ADM.	22752

(c) "Transported student percentage" equals transportation	22753
ADM divided by transportation base.	22754

(d) "Transportation cost per student" equals total operating	22755
costs for board-owned or contractor-operated school buses divided	22756
by transportation base.	22757

(2) Analysis of student transportation cost data has resulted	22758
in a finding that an average efficient transportation use cost per	22759
student can be calculated by means of a regression formula that	22760
has as its two independent variables the number of daily bus miles	22761
per student and the transported student percentage. For fiscal	22762
year 1998 transportation cost data, the average efficient	22763
transportation use cost per student is expressed as follows:	22764

51.79027 + (139.62626 X daily bus miles per student) +

22765

(116.25573 X transported student percentage)

22766

The department of education shall annually determine the	22767
average efficient transportation use cost per student in	22768
accordance with the principles stated in division (D)(2) of this	22769
section, updating the intercept and regression coefficients of the	22770
regression formula modeled in this division, based on an annual	22771
statewide analysis of each school district's daily bus miles per	22772
student, transported student percentage, and transportation cost	22773
per student data. The department shall conduct the annual update	22774
using data, including daily bus miles per student, transported	22775
student percentage, and transportation cost per student data, from	22776
the prior fiscal year. The department shall notify the office of	22777
budget and management of such update by the fifteenth day of	22778
February of each year.	22779

(3) In addition to funds paid under divisions (A), (C), and	22780
(E) of this section, each district with a transported student	22781
percentage greater than zero shall receive a payment equal to a	22782
percentage of the product of the district's transportation base	22783
from the prior fiscal year times the annually updated average	22784
efficient transportation use cost per student, times an inflation	22785
factor of two and eight tenths per cent to account for the	22786
one-year difference between the data used in updating the formula	22787
and calculating the payment and the year in which the payment is	22788
made. The percentage shall be the following percentage of that	22789
product specified for the corresponding fiscal year:	22790

FISCAL YEAR	PERCENTAGE	22791
2000	52.5%	22792
2001	55%	22793
2002	57.5%	22794
2003 and thereafter	The greater of 60% or the district's state share percentage	22795

The payments made under division (D)(3) of this section each	22796
year shall be calculated based on all of the same prior year's	22797
data used to update the formula.	22798

(4) In addition to funds paid under divisions (D)(2) and (3)	22799
of this section, a school district shall receive a rough road	22800
subsidy if both of the following apply:	22801

(a) Its county rough road percentage is higher than the	22802
statewide rough road percentage, as those terms are defined in	22803
division (D)(5) of this section;	22804

(b) Its district student density is lower than the statewide	22805
student density, as those terms are defined in that division.	22806

(5) The rough road subsidy paid to each district meeting the	22807
qualifications of division (D)(4) of this section shall be	22808
calculated in accordance with the following formula:	22809

(per rough mile subsidy X total rough road miles) X

22810

density multiplier

22811

where:

22812

(a) "Per rough mile subsidy" equals the amount calculated in	22813
accordance with the following formula:	22814

0.75 - {0.75 X [(maximum rough road percentage -

22815

county rough road percentage)/(maximum rough road percentage -

22817

statewide rough road percentage)]}

22818

(i) "Maximum rough road percentage" means the highest county	22819
rough road percentage in the state.	22820

(ii) "County rough road percentage" equals the percentage of	22821
the mileage of state, municipal, county, and township roads that	22822
is rated by the department of transportation as type A, B, C, E2,	22823
or F in the county in which the school district is located or, if	22824
the district is located in more than one county, the county to	22825
which it is assigned for purposes of determining its	22826
cost-of-doing-business factor.	22827

(iii) "Statewide rough road percentage" means the percentage	22828
of the statewide total mileage of state, municipal, county, and	22829
township roads that is rated as type A, B, C, E2, or F by the	22830
department of transportation.	22831

(b) "Total rough road miles" means a school district's total	22832
bus miles traveled in one year times its county rough road	22833
percentage.	22834

(c) "Density multiplier" means a figure calculated in	22835
accordance with the following formula:	22836

1 - [(minimum student density - district student

22837

density)/(minimum student density -

22838

statewide student density)]

22839

(i) "Minimum student density" means the lowest district	22840
student density in the state.	22841

(ii) "District student density" means a school district's	22842
transportation base divided by the number of square miles in the	22843
district.	22844

(iii) "Statewide student density" means the sum of the	22845
transportation bases for all school districts divided by the sum	22846
of the square miles in all school districts.	22847

(6) In addition to funds paid under divisions (D)(2) to (5)	22848
of this section, each district shall receive in accordance with	22849
rules adopted by the state board of education a payment for	22850
students transported by means other than board-owned or	22851
contractor-operated buses and whose transportation is not funded	22852
under division (J) of section 3317.024 of the Revised Code. The	22853
rules shall include provisions for school district reporting of	22854
such students.	22855

(E)(1) The department shall compute and distribute state	22856
vocational education additional weighted costs funds to each	22857
school district in accordance with the following formula:	22858

state share percentage X

22859

the formula amount X

22860

total vocational education weight

22861

In any fiscal year, a school district receiving funds under	22862
division (E)(1) of this section shall spend those funds only for	22863
the purposes that the department designates as approved for	22864
vocational education expenses. Vocational educational expenses	22865
approved by the department shall include only expenses connected	22866
to the delivery of career-technical programming to	22867
career-technical students. The department shall require the school	22868
district to report data annually so that the department may	22869
monitor the district's compliance with the requirements regarding	22870
the manner in which funding received under division (E)(1) of this	22871
section may be spent.	22872

(2) The department shall compute for each school district	22873
state funds for vocational education associated services in	22874
accordance with the following formula:	22875

state share percentage X .05 X

22876

the formula amount X the sum of categories one and two

22877

vocational education ADM

22878

In any fiscal year, a school district receiving funds under	22879
division (E)(2) of this section, or through a transfer of funds	22880
pursuant to division (L) of section 3317.023 of the Revised Code,	22881
shall spend those funds only for the purposes that the department	22882
designates as approved for vocational education associated	22883
services expenses, which may include such purposes as	22884
apprenticeship coordinators, coordinators for other vocational	22885
education services, vocational evaluation, and other purposes	22886
designated by the department. The department may deny payment	22887
under division (E)(2) of this section to any district that the	22888
department determines is not operating those services or is using	22889
funds paid under division (E)(2) of this section, or through a	22890
transfer of funds pursuant to division (L) of section 3317.023 of	22891
the Revised Code, for other purposes.	22892

(F) Beginning in fiscal year 2003, the actual local share in	22893
any fiscal year for the combination of special education and	22894
related services additional weighted costs funding calculated	22895
under division (C)(1) of this section, transportation funding	22896
calculated under divisions (D)(2) and (3) of this section, and	22897
vocational education and associated services additional weighted	22898
costs funding calculated under divisions (E)(1) and (2) of this	22899
section shall not exceed for any school district the product of	22900
three mills times the district's recognized valuation. Beginning	22901
in fiscal year 2003, the department annually shall pay each school	22902
district as an excess cost supplement any amount by which the sum	22903
of the district's attributed local shares for that funding exceeds	22904
that product. For purposes of calculating the excess cost	22905
supplement:	22906

(1) The attributed local share for special education and	22907
related services additional weighted costs funding is the amount	22908
specified in division (C)(2) of this section.	22909

(2) The attributed local share of transportation funding	22910
equals the difference of the total amount calculated for the	22911
district using the formula developed under division (D)(2) of this	22912
section minus the actual amount paid to the district after	22913
applying the percentage specified in division (D)(3) of this	22914
section.	22915

(3) The attributed local share of vocational education and	22916
associated services additional weighted costs funding is the	22917
amount determined as follows:	22918

(1 - state share percentage) X

22919

[(total vocational education weight X the formula amount) +

22920

the payment under division (E)(2) of this section]

22921

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	22922
Revised Code, the amounts required to be paid to a district under	22923
this chapter shall be adjusted by the amount of the computations	22924
made under divisions (B) to ~~(L)~~(M) of this section.	22925

As used in this section:

22926

(1) "Classroom teacher" means a licensed employee who	22927
provides direct instruction to pupils, excluding teachers funded	22928
from money paid to the district from federal sources; educational	22929
service personnel; and vocational and special education teachers.	22930

(2) "Educational service personnel" shall not include such	22931
specialists funded from money paid to the district from federal	22932
sources or assigned full-time to vocational or special education	22933
students and classes and may only include those persons employed	22934
in the eight specialist areas in a pattern approved by the	22935
department of education under guidelines established by the state	22936
board of education.	22937

(3) "Annual salary" means the annual base salary stated in	22938
the state minimum salary schedule for the performance of the	22939
teacher's regular teaching duties that the teacher earns for	22940
services rendered for the first full week of October of the fiscal	22941
year for which the adjustment is made under division (C) of this	22942
section. It shall not include any salary payments for supplemental	22943
teachers contracts.	22944

(4) "Regular student population" means the formula ADM plus	22945
the number of students reported as enrolled in the district	22946
pursuant to division (A)(1) of section 3313.981 of the Revised	22947
Code; minus the number of students reported under division (A)(2)	22948
of section 3317.03 of the Revised Code; minus the FTE of students	22949
reported under division (B)~~(5),~~ (6), (7), (8), (9), (10), (11), or	22950
(12) of that section who are enrolled in a vocational education	22951
class or receiving special education; and minus ~~one-fourth~~ten per	22952
cent of the students enrolled concurrently in a joint vocational	22953
school district.	22954

(5) "State share percentage" has the same meaning as in	22955
section 3317.022 of the Revised Code.	22956

(6) "VEPD" means a school district or group of school	22957
districts designated by the department of education as being	22958
responsible for the planning for and provision of vocational	22959
education services to students within the district or group.	22960

(7) "Lead district" means a school district, including a	22961
joint vocational school district, designated by the department as	22962
a VEPD, or designated to provide primary vocational education	22963
leadership within a VEPD composed of a group of districts.	22964

(B) If the district employs less than one full-time	22965
equivalent classroom teacher for each twenty-five pupils in the	22966
regular student population in any school district, deduct the sum	22967
of the amounts obtained from the following computations:	22968

(1) Divide the number of the district's full-time equivalent	22969
classroom teachers employed by one twenty-fifth;	22970

(2) Subtract the quotient in (1) from the district's regular	22971
student population;	22972

(3) Multiply the difference in (2) by seven hundred fifty-two	22973
dollars.	22974

(C) If a positive amount, add one-half of the amount obtained	22975
by multiplying the number of full-time equivalent classroom	22976
teachers by:	22977

(1) The mean annual salary of all full-time equivalent	22978
classroom teachers employed by the district at their respective	22979
training and experience levels minus;	22980

(2) The mean annual salary of all such teachers at their	22981
respective levels in all school districts receiving payments under	22982
this section.	22983

The number of full-time equivalent classroom teachers used in	22984
this computation shall not exceed one twenty-fifth of the	22985
district's regular student population. In calculating the	22986
district's mean salary under this division, those full-time	22987
equivalent classroom teachers with the highest training level	22988
shall be counted first, those with the next highest training level	22989
second, and so on, in descending order. Within the respective	22990
training levels, teachers with the highest years of service shall	22991
be counted first, the next highest years of service second, and so	22992
on, in descending order.	22993

(D) This division does not apply to a school district that	22994
has entered into an agreement under division (A) of section	22995
3313.42 of the Revised Code. Deduct the amount obtained from the	22996
following computations if the district employs fewer than five	22997
full-time equivalent educational service personnel, including	22998
elementary school art, music, and physical education teachers,	22999
counselors, librarians, visiting teachers, school social workers,	23000
and school nurses for each one thousand pupils in the regular	23001
student population:	23002

(1) Divide the number of full-time equivalent educational	23003
service personnel employed by the district by five	23004
one-thousandths;	23005

(2) Subtract the quotient in (1) from the district's regular	23006
student population;	23007

(3) Multiply the difference in (2) by ninety-four dollars.

23008

(E) If a local school district, or a city or exempted village	23009
school district to which a governing board of an educational	23010
service center provides services pursuant to section 3313.843 of	23011
the Revised Code, deduct the amount of the payment required for	23012
the reimbursement of the governing board under section 3317.11 of	23013
the Revised Code.	23014

(F)(1) If the district is required to pay to or entitled to	23015
receive tuition from another school district under division (C)(2)	23016
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	23017
or if the superintendent of public instruction is required to	23018
determine the correct amount of tuition and make a deduction or	23019
credit under section 3317.08 of the Revised Code, deduct and	23020
credit such amounts as provided in division (I) of section 3313.64	23021
or section 3317.08 of the Revised Code.	23022

(2) For each child for whom the district is responsible for	23023
tuition or payment under division (A)(1) of section 3317.082 or	23024
section 3323.091 of the Revised Code, deduct the amount of tuition	23025
or payment for which the district is responsible.	23026

(G) If the district has been certified by the superintendent	23027
of public instruction under section 3313.90 of the Revised Code as	23028
not in compliance with the requirements of that section, deduct an	23029
amount equal to ten per cent of the amount computed for the	23030
district under section 3317.022 of the Revised Code.	23031

(H) If the district has received a loan from a commercial	23032
lending institution for which payments are made by the	23033
superintendent of public instruction pursuant to division (E)(3)	23034
of section 3313.483 of the Revised Code, deduct an amount equal to	23035
such payments.	23036

(I)(1) If the district is a party to an agreement entered	23037
into under division (D), (E), or (F) of section 3311.06 or	23038
division (B) of section 3311.24 of the Revised Code and is	23039
obligated to make payments to another district under such an	23040
agreement, deduct an amount equal to such payments if the district	23041
school board notifies the department in writing that it wishes to	23042
have such payments deducted.	23043

(2) If the district is entitled to receive payments from	23044
another district that has notified the department to deduct such	23045
payments under division (I)(1) of this section, add the amount of	23046
such payments.	23047

(J) If the district is required to pay an amount of funds to	23048
a cooperative education district pursuant to a provision described	23049
by division (B)(4) of section 3311.52 or division (B)(8) of	23050
section 3311.521 of the Revised Code, deduct such amounts as	23051
provided under that provision and credit those amounts to the	23052
cooperative education district for payment to the district under	23053
division (B)(1) of section 3317.19 of the Revised Code.	23054

(K)(1) If a district is educating a student entitled to	23055
attend school in another district pursuant to a shared education	23056
contract, compact, or cooperative education agreement other than	23057
an agreement entered into pursuant to section 3313.842 of the	23058
Revised Code, credit to that educating district on an FTE basis	23059
both of the following:	23060

(a) An amount equal to the formula amount times the cost of	23061
doing business factor of the school district where the student is	23062
entitled to attend school pursuant to section 3313.64 or 3313.65	23063
of the Revised Code;	23064

(b) An amount equal to the formula amount times the state	23065
share percentage times any multiple applicable to the student	23066
pursuant to section 3317.013 or 3317.014 of the Revised Code.	23067

(2) Deduct any amount credited pursuant to division (K)(1) of	23068
this section from amounts paid to the school district in which the	23069
student is entitled to attend school pursuant to section 3313.64	23070
or 3313.65 of the Revised Code.	23071

(3) If the district is required by a shared education	23072
contract, compact, or cooperative education agreement to make	23073
payments to an educational service center, deduct the amounts from	23074
payments to the district and add them to the amounts paid to the	23075
service center pursuant to section 3317.11 of the Revised Code.	23076

(L)(1) If a district, including a joint vocational school	23077
district, is a lead district of a VEPD, credit to that district	23078
the amounts calculated for all the school districts within that	23079
VEPD pursuant to division (E)(2) of section 3317.022 of the	23080
Revised Code.	23081

(2) Deduct from each appropriate district that is not a lead	23082
district, the amount attributable to that district that is	23083
credited to a lead district under division (L)(1) of this section.	23084

(M) If the department pays a joint vocational school district	23085
under division (G)(4) of section 3317.16 of the Revised Code for	23086
excess costs of providing special education and related services	23087
to a handicapped student, as calculated under division (G)(2) of	23088
that section, the department shall deduct the amount of that	23089
payment from the city, local, or exempted village school district	23090
that is responsible as specified in that section for the excess	23091
costs.	23092

Sec. 3317.024. In addition to the moneys paid to eligible	23093
school districts pursuant to section 3317.022 of the Revised Code,	23094
moneys appropriated for the education programs in divisions (A) to	23095
(H), (J) to (L), (O), (P), and (R) of this section shall be	23096
distributed to school districts meeting the requirements of	23097
section 3317.01 of the Revised Code; in the case of divisions (J)	23098
and (P) of this section, to educational service centers as	23099
provided in section 3317.11 of the Revised Code; in the case of	23100
divisions (E), (M), and (N) of this section, to county MR/DD	23101
boards; in the case of division (R) of this section, to joint	23102
vocational school districts; in the case of division (K) of this	23103
section, to cooperative education school districts; and in the	23104
case of division (Q) of this section, to the institutions defined	23105
under section 3317.082 of the Revised Code providing elementary or	23106
secondary education programs to children other than children	23107
receiving special education under section 3323.091 of the Revised	23108
Code. The following shall be distributed monthly, quarterly, or	23109
annually as may be determined by the state board of education:	23110

(A) A per pupil amount to each school district that	23111
establishes a summer school remediation program that complies with	23112
rules of the state board of education.	23113

(B) An amount for each island school district and each joint	23114
state school district for the operation of each high school and	23115
each elementary school maintained within such district and for	23116
capital improvements for such schools. Such amounts shall be	23117
determined on the basis of standards adopted by the state board of	23118
education.	23119

(C) An amount for each school district operating classes for	23120
children of migrant workers who are unable to be in attendance in	23121
an Ohio school during the entire regular school year. The amounts	23122
shall be determined on the basis of standards adopted by the state	23123
board of education, except that payment shall be made only for	23124
subjects regularly offered by the school district providing the	23125
classes.	23126

(D) An amount for each school district with guidance,	23127
testing, and counseling programs approved by the state board of	23128
education. The amount shall be determined on the basis of	23129
standards adopted by the state board of education.	23130

(E) An amount for the emergency purchase of school buses as	23131
provided for in section 3317.07 of the Revised Code;	23132

(F) An amount for each school district required to pay	23133
tuition for a child in an institution maintained by the department	23134
of youth services pursuant to section 3317.082 of the Revised	23135
Code, provided the child was not included in the calculation of	23136
the district's average daily membership for the preceding school	23137
year.	23138

(G) In fiscal year 2000 only, an amount to each school	23139
district for supplemental salary allowances for each licensed	23140
employee except those licensees serving as superintendents,	23141
assistant superintendents, principals, or assistant principals,	23142
whose term of service in any year is extended beyond the term of	23143
service of regular classroom teachers, as described in section	23144
3301.0725 of the Revised Code;	23145

(H) An amount for adult basic literacy education for each	23146
district participating in programs approved by the state board of	23147
education. The amount shall be determined on the basis of	23148
standards adopted by the state board of education.	23149

(I) Notwithstanding section 3317.01 of the Revised Code, but	23150
only until June 30, 1999, to each city, local, and exempted	23151
village school district, an amount for conducting driver education	23152
courses at high schools for which the state board of education	23153
prescribes minimum standards and to joint vocational and	23154
cooperative education school districts and educational service	23155
centers, an amount for conducting driver education courses to	23156
pupils enrolled in a high school for which the state board	23157
prescribes minimum standards. No payments shall be made under this	23158
division after June 30, 1999.	23159

(J) An amount for the approved cost of transporting	23160
developmentally handicapped pupils whom it is impossible or	23161
impractical to transport by regular school bus in the course of	23162
regular route transportation provided by the district or service	23163
center. No district or service center is eligible to receive a	23164
payment under this division for the cost of transporting any pupil	23165
whom it transports by regular school bus and who is included in	23166
the district's transportation ADM. The state board of education	23167
shall establish standards and guidelines for use by the department	23168
of education in determining the approved cost of such	23169
transportation for each district or service center.	23170

(K) An amount to each school district, including each	23171
cooperative education school district, pursuant to section 3313.81	23172
of the Revised Code to assist in providing free lunches to needy	23173
children and an amount to assist needy school districts in	23174
purchasing necessary equipment for food preparation. The amounts	23175
shall be determined on the basis of rules adopted by the state	23176
board of education.	23177

(L) An amount to each school district, for each pupil	23178
attending a chartered nonpublic elementary or high school within	23179
the district. The amount shall equal the amount appropriated for	23180
the implementation of section 3317.06 of the Revised Code divided	23181
by the average daily membership in grades kindergarten through	23182
twelve in nonpublic elementary and high schools within the state	23183
as determined during the first full week in October of each school	23184
year.	23185

(M) An amount for each county MR/DD board, distributed on the	23186
basis of standards adopted by the state board of education, for	23187
the approved cost of transportation required for children	23188
attending special education programs operated by the county MR/DD	23189
board under section 3323.09 of the Revised Code;	23190

(N) An amount for each county MR/DD board, distributed on the	23191
basis of standards adopted by the state board of education, for	23192
supportive home services for preschool children;	23193

(O) An amount for each school district that establishes a	23194
mentor teacher program that complies with rules of the state board	23195
of education. No school district shall be required to establish or	23196
maintain such a program in any year unless sufficient funds are	23197
appropriated to cover the district's total costs for the program.	23198

(P) An amount to each school district or educational service	23199
center for the total number of gifted units approved pursuant to	23200
section 3317.05 of the Revised Code. The amount for each such unit	23201
shall be the sum of the minimum salary for the teacher of the	23202
unit, calculated on the basis of the teacher's training level and	23203
years of experience pursuant to the salary schedule prescribed in	23204
the version of section 3317.13 of the Revised Code in effect prior	23205
to ~~the effective date of this amendment~~July 1, 2001, plus fifteen	23206
per cent of that minimum salary amount, plus two thousand six	23207
hundred seventy-eight dollars.	23208

(Q) An amount to each institution defined under section	23209
3317.082 of the Revised Code providing elementary or secondary	23210
education to children other than children receiving special	23211
education under section 3323.091 of the Revised Code. This amount	23212
for any institution in any fiscal year shall equal the total of	23213
all tuition amounts required to be paid to the institution under	23214
division (A)(1) of section 3317.082 of the Revised Code.	23215

(R) A grant to each school district and joint vocational	23216
school district that operates a "graduation, reality, and	23217
dual-role skills" (GRADS) program for pregnant and parenting	23218
students that is approved by the department. The amount of the	23219
payment shall be the district's state share percentage, as defined	23220
in section 3317.022 or 3317.16 of the Revised Code, times the	23221
GRADS personnel allowance times the full-time-equivalent number of	23222
GRADS teachers approved by the department. The GRADS personnel	23223
allowance is ~~$46,260~~$47,555 in fiscal years ~~2002~~2004 and ~~2003~~	23224
2005.	23225

The state board of education or any other board of education	23226
or governing board may provide for any resident of a district or	23227
educational service center territory any educational service for	23228
which funds are made available to the board by the United States	23229
under the authority of public law, whether such funds come	23230
directly or indirectly from the United States or any agency or	23231
department thereof or through the state or any agency, department,	23232
or political subdivision thereof.	23233

Sec. 3317.029. (A) As used in this section:

23234

(1) "DPIA percentage" means:

23235

(a) In fiscal years prior to fiscal year 2004, the quotient	23236
obtained by dividing the five-year average number of children ages	23237
five to seventeen residing in the school district and living in a	23238
family receiving assistance under the Ohio works first program or	23239
an antecedent program known as TANF or ADC, as certified or	23240
adjusted under section 3317.10 of the Revised Code, by the	23241
district's three-year average formula ADM.	23242

(b) Beginning in fiscal year 2004, the unduplicated number of	23243
children ages five to seventeen residing in the school district	23244
and living in a family that has family income not exceeding the	23245
federal poverty guidelines and that receives family assistance, as	23246
certified or adjusted under section 3317.10 of the Revised Code,	23247
divided by the district's three-year average formula ADM.	23248

(2) "Family assistance" means assistance received under one	23249
of the following:	23250

(a) The Ohio works first program;

23251

(b) The food stamp program;

23252

(c) The medical assistance program, including the healthy	23253
start program, established under Chapter 5111. of the Revised	23254
Code;	23255

(d) The children's health insurance program part I	23256
established under section 5101.50 of the Revised Code or, prior to	23257
fiscal year 2000, an executive order issued under section 107.17	23258
of the Revised Code;	23259

(e) The disability financial assistance program established	23260
under Chapter 5115. of the Revised Code;	23261

(f) The disability medical assistance program established	23262
under Chapter 5115. of the Revised Code.	23263

(3) "Statewide DPIA percentage" means:

23264

(a) In fiscal years prior to fiscal year 2004, the five-year	23265
average of the total number of children ages five to seventeen	23266
years residing in the state and receiving assistance under the	23267
Ohio works first program or an antecedent program known as TANF or	23268
ADC, divided by the sum of the three-year average formula ADMs for	23269
all school districts in the state.	23270

(b) Beginning in fiscal year 2004, the total unduplicated	23271
number of children ages five to seventeen residing in the state	23272
and living in a family that has family income not exceeding the	23273
federal poverty guidelines and that receives family assistance,	23274
divided by the sum of the three-year average formula ADMs for all	23275
school districts in the state.	23276

(4) "DPIA index" means the quotient obtained by dividing the	23277
school district's DPIA percentage by the statewide DPIA	23278
percentage.	23279

(5) "Federal poverty guidelines" has the same meaning as in	23280
section 5101.46 of the Revised Code.	23281

(6) "DPIA student count" means:

23282

(a) In fiscal years prior to fiscal year 2004, the five-year	23283
average number of children ages five to seventeen residing in the	23284
school district and living in a family receiving assistance under	23285
the Ohio works first program or an antecedent program known as	23286
TANF or ADC, as certified under section 3317.10 of the Revised	23287
Code;	23288

(b) Beginning in fiscal year 2004, the unduplicated number of	23289
children ages five to seventeen residing in the school district	23290
and living in a family that has family income not exceeding the	23291
federal poverty guidelines and that receives family assistance, as	23292
certified or adjusted under section 3317.10 of the Revised Code.	23293

(7) "Kindergarten ADM" means the number of students reported	23294
under section 3317.03 of the Revised Code as enrolled in	23295
kindergarten.	23296

(8) "Kindergarten through third grade ADM" means the amount	23297
calculated as follows:	23298

(a) Multiply the kindergarten ADM by the sum of one plus the	23299
all-day kindergarten percentage;	23300

(b) Add the number of students in grades one through three;

23301

(c) Subtract from the sum calculated under division (A)(6)(b)	23302
of this section the number of special education students in grades	23303
kindergarten through three.	23304

(9) "Statewide average teacher salary" means forty-two	23305
thousand four hundred sixty-nine dollars in fiscal year 2002, and	23306
forty-three thousand six hundred fifty-eight dollars in fiscal	23307
year 2003, which includes an amount for the value of fringe	23308
benefits.	23309

(10) "All-day kindergarten" means a kindergarten class that	23310
is in session five days per week for not less than the same number	23311
of clock hours each day as for pupils in grades one through six.	23312

(11) "All-day kindergarten percentage" means the percentage	23313
of a district's actual total number of students enrolled in	23314
kindergarten who are enrolled in all-day kindergarten.	23315

(12) "Buildings with the highest concentration of need"	23316
means:	23317

(a) In fiscal years prior to fiscal year 2004, the school	23318
buildings in a district with percentages of students in grades	23319
kindergarten through three receiving assistance under Ohio works	23320
first at least as high as the district-wide percentage of students	23321
receiving such assistance.	23322

(b) Beginning in fiscal year 2004, the school buildings in a	23323
district with percentages of students in grades kindergarten	23324
through three receiving family assistance at least as high as the	23325
district-wide percentage of students receiving family assistance.	23326

(c) If, in any fiscal year, the information provided by the	23327
department of job and family services under section 3317.10 of the	23328
Revised Code is insufficient to determine the Ohio works first or	23329
family assistance percentage in each building, "buildings with the	23330
highest concentration of need" has the meaning given in rules that	23331
the department of education shall adopt. The rules shall base the	23332
definition of "buildings with the highest concentration of need"	23333
on family income of students in grades kindergarten through three	23334
in a manner that, to the extent possible with available data,	23335
approximates the intent of this division and division (G) of this	23336
section to designate buildings where the Ohio works first or	23337
family assistance percentage in those grades equals or exceeds the	23338
district-wide Ohio works first or family assistance percentage.	23339

(B) In addition to the amounts required to be paid to a	23340
school district under section 3317.022 of the Revised Code, a	23341
school district shall receive the greater of the amount the	23342
district received in fiscal year 1998 pursuant to division (B) of	23343
section 3317.023 of the Revised Code as it existed at that time or	23344
the sum of the computations made under divisions (C) to (E) of	23345
this section.	23346

(C) A supplemental payment that may be utilized for measures	23347
related to safety and security and for remediation or similar	23348
programs, calculated as follows:	23349

(1) If the DPIA index of the school district is greater than	23350
or equal to thirty-five-hundredths, but less than one, an amount	23351
obtained by multiplying the district's DPIA student count by two	23352
hundred thirty dollars;	23353

(2) If the DPIA index of the school district is greater than	23354
or equal to one, an amount obtained by multiplying the DPIA index	23355
by two hundred thirty dollars and multiplying that product by the	23356
district's DPIA student count.	23357

Except as otherwise provided in division (F) of this section,	23358
beginning with the school year that starts July 1, 2002, each	23359
school district annually shall use at least twenty per cent of the	23360
funds calculated for the district under this division for	23361
intervention services required by section 3313.608 of the Revised	23362
Code.	23363

(D) A payment for all-day kindergarten if the DPIA index of	23364
the school district is greater than or equal to one or if the	23365
district's three-year average formula ADM exceeded seventeen	23366
thousand five hundred, calculated by multiplying the all-day	23367
kindergarten percentage by the kindergarten ADM and multiplying	23368
that product by the formula amount.	23369

(E) A class-size reduction payment based on calculating the	23370
number of new teachers necessary to achieve a lower	23371
student-teacher ratio, as follows:	23372

(1) Determine or calculate a formula number of teachers per	23373
one thousand students based on the DPIA index of the school	23374
district as follows:	23375

(a) If the DPIA index of the school district is less than	23376
six-tenths, the formula number of teachers is 43.478, which is the	23377
number of teachers per one thousand students at a student-teacher	23378
ratio of twenty-three to one;	23379

(b) If the DPIA index of the school district is greater than	23380
or equal to six-tenths, but less than two and one-half, the	23381
formula number of teachers is calculated as follows:	23382

43.478 + {[(DPIA index-0.6)/ 1.9] X 23.188}

23383

Where 43.478 is the number of teachers per one thousand	23384
students at a student-teacher ratio of twenty-three to one; 1.9 is	23385
the interval from a DPIA index of six-tenths to a DPIA index of	23386
two and one-half; and 23.188 is the difference in the number of	23387
teachers per one thousand students at a student-teacher ratio of	23388
fifteen to one and the number of teachers per one thousand	23389
students at a student-teacher ratio of twenty-three to one.	23390

(c) If the DPIA index of the school district is greater than	23391
or equal to two and one-half, the formula number of teachers is	23392
66.667, which is the number of teachers per one thousand students	23393
at a student-teacher ratio of fifteen to one.	23394

(2) Multiply the formula number of teachers determined or	23395
calculated in division (E)(1) of this section by the kindergarten	23396
through third grade ADM for the district and divide that product	23397
by one thousand;	23398

(3) Calculate the number of new teachers as follows:

23399

(a) Multiply the kindergarten through third grade ADM by	23400
43.478, which is the number of teachers per one thousand students	23401
at a student-teacher ratio of twenty-three to one, and divide that	23402
product by one thousand;	23403

(b) Subtract the quotient obtained in division (E)(3)(a) of	23404
this section from the product in division (E)(2) of this section.	23405

(4) Multiply the greater of the difference obtained under	23406
division (E)(3) of this section or zero by the statewide average	23407
teachers salary.	23408

(F) This division applies only to school districts whose DPIA	23409
index is one or greater.	23410

(1) Each school district subject to this division shall first	23411
utilize funds received under this section so that, when combined	23412
with other funds of the district, sufficient funds exist to	23413
provide all-day kindergarten to at least the number of children in	23414
the district's all-day kindergarten percentage.	23415

(2) Up to an amount equal to the district's DPIA index	23416
multiplied by its DPIA student count multiplied by two hundred	23417
thirty dollars of the money distributed under this section may be	23418
utilized for one or both of the following:	23419

(a) Programs designed to ensure that schools are free of	23420
drugs and violence and have a disciplined environment conducive to	23421
learning;	23422

(b) Remediation for students who have failed or are in danger	23423
of failing any of the tests administered pursuant to section	23424
3301.0710 of the Revised Code.	23425

Beginning with the school year that starts on July 1, 2002,	23426
each school district shall use at least twenty per cent of the	23427
funds set aside for the purposes of divisions (F)(2)(a) and (b) of	23428
this section to provide intervention services required by section	23429
3313.608 of the Revised Code.	23430

(3) Except as otherwise required by division (G) or permitted	23431
under division (K) of this section, all other funds distributed	23432
under this section to districts subject to this division shall be	23433
utilized for the purpose of the third grade guarantee. The third	23434
grade guarantee consists of increasing the amount of instructional	23435
attention received per pupil in kindergarten through third grade,	23436
either by reducing the ratio of students to instructional	23437
personnel or by increasing the amount of instruction and	23438
curriculum-related activities by extending the length of the	23439
school day or the school year.	23440

School districts may implement a reduction of the ratio of	23441
students to instructional personnel through any or all of the	23442
following methods:	23443

(a) Reducing the number of students in a classroom taught by	23444
a single teacher;	23445

(b) Employing full-time educational aides or educational	23446
paraprofessionals issued a permit or license under section	23447
3319.088 of the Revised Code;	23448

(c) Instituting a team-teaching method that will result in a	23449
lower student-teacher ratio in a classroom.	23450

Districts may extend the school day either by increasing the	23451
amount of time allocated for each class, increasing the number of	23452
classes provided per day, offering optional academic-related	23453
after-school programs, providing curriculum-related extra	23454
curricular activities, or establishing tutoring or remedial	23455
services for students who have demonstrated an educational need.	23456
In accordance with section 3319.089 of the Revised Code, a	23457
district extending the school day pursuant to this division may	23458
utilize a participant of the work experience program who has a	23459
child enrolled in a public school in that district and who is	23460
fulfilling the work requirements of that program by volunteering	23461
or working in that public school. If the work experience program	23462
participant is compensated, the school district may use the funds	23463
distributed under this section for all or part of the	23464
compensation.	23465

Districts may extend the school year either through adding	23466
regular days of instruction to the school calendar or by providing	23467
summer programs.	23468

(G) Each district subject to division (F) of this section	23469
shall not expend any funds received under division (E) of this	23470
section in any school buildings that are not buildings with the	23471
highest concentration of need, unless there is a ratio of	23472
instructional personnel to students of no more than fifteen to one	23473
in each kindergarten and first grade class in all buildings with	23474
the highest concentration of need. This division does not require	23475
that the funds used in buildings with the highest concentration of	23476
need be spent solely to reduce the ratio of instructional	23477
personnel to students in kindergarten and first grade. A school	23478
district may spend the funds in those buildings in any manner	23479
permitted by division (F)(3) of this section, but may not spend	23480
the money in other buildings unless the fifteen-to-one ratio	23481
required by this division is attained.	23482

(H)(1) By the first day of August of each fiscal year, each	23483
school district wishing to receive any funds under division (D) of	23484
this section shall submit to the department of education an	23485
estimate of its all-day kindergarten percentage. Each district	23486
shall update its estimate throughout the fiscal year in the form	23487
and manner required by the department, and the department shall	23488
adjust payments under this section to reflect the updates.	23489

(2) Annually by the end of December, the department of	23490
education, utilizing data from the information system established	23491
under section 3301.0714 of the Revised Code and after consultation	23492
with the legislative office of education oversight, shall	23493
determine for each school district subject to division (F) of this	23494
section whether in the preceding fiscal year the district's ratio	23495
of instructional personnel to students and its number of	23496
kindergarten students receiving all-day kindergarten appear	23497
reasonable, given the amounts of money the district received for	23498
that fiscal year pursuant to divisions (D) and (E) of this	23499
section. If the department is unable to verify from the data	23500
available that students are receiving reasonable amounts of	23501
instructional attention and all-day kindergarten, given the funds	23502
the district has received under this section and that class-size	23503
reduction funds are being used in school buildings with the	23504
highest concentration of need as required by division (G) of this	23505
section, the department shall conduct a more intensive	23506
investigation to ensure that funds have been expended as required	23507
by this section. The department shall file an annual report of its	23508
findings under this division with the chairpersons of the	23509
committees in each house of the general assembly dealing with	23510
finance and education.	23511

(I) Any school district with a DPIA index less than one and a	23512
three-year average formula ADM exceeding seventeen thousand five	23513
hundred shall first utilize funds received under this section so	23514
that, when combined with other funds of the district, sufficient	23515
funds exist to provide all-day kindergarten to at least the number	23516
of children in the district's all-day kindergarten percentage.	23517
Such a district shall expend at least seventy per cent of the	23518
remaining funds received under this section, and any other	23519
district with a DPIA index less than one shall expend at least	23520
seventy per cent of all funds received under this section, for any	23521
of the following purposes:	23522

(1) The purchase of technology for instructional purposes;

23523

(2) All-day kindergarten;

23524

(3) Reduction of class sizes;

23525

(4) Summer school remediation;

23526

(5) Dropout prevention programs;

23527

(6) Guaranteeing that all third graders are ready to progress	23528
to more advanced work;	23529

(7) Summer education and work programs;

23530

(8) Adolescent pregnancy programs;

23531

(9) Head start or preschool programs;

23532

(10) Reading improvement programs described by the department	23533
of education;	23534

(11) Programs designed to ensure that schools are free of	23535
drugs and violence and have a disciplined environment conducive to	23536
learning;	23537

(12) Furnishing, free of charge, materials used in courses of	23538
instruction, except for the necessary textbooks or electronic	23539
textbooks required to be furnished without charge pursuant to	23540
section 3329.06 of the Revised Code, to pupils living in families	23541
participating in Ohio works first in accordance with section	23542
3313.642 of the Revised Code;	23543

(13) School breakfasts provided pursuant to section 3313.813	23544
of the Revised Code.	23545

Each district shall submit to the department, in such format	23546
and at such time as the department shall specify, a report on the	23547
programs for which it expended funds under this division.	23548

(J) If at any time the superintendent of public instruction	23549
determines that a school district receiving funds under division	23550
(D) of this section has enrolled less than the all-day	23551
kindergarten percentage reported for that fiscal year, the	23552
superintendent shall withhold from the funds otherwise due the	23553
district under this section a proportional amount as determined by	23554
the difference in the certified all-day kindergarten percentage	23555
and the percentage actually enrolled in all-day kindergarten.	23556

The superintendent shall also withhold an appropriate amount	23557
of funds otherwise due a district for any other misuse of funds	23558
not in accordance with this section.	23559

(K)(1) A district may use a portion of the funds calculated	23560
for it under division (D) of this section to modify or purchase	23561
classroom space to provide all-day kindergarten, if both of the	23562
following conditions are met:	23563

(a) The district certifies to the department, in a manner	23564
acceptable to the department, that it has a shortage of space for	23565
providing all-day kindergarten.	23566

(b) The district provides all-day kindergarten to the number	23567
of children in the all-day kindergarten percentage it certified	23568
under this section.	23569

(2) A district may use a portion of the funds described in	23570
division (F)(3) of this section to modify or purchase classroom	23571
space to enable it to further reduce class size in grades	23572
kindergarten through two with a goal of attaining class sizes of	23573
fifteen students per licensed teacher. To do so, the district must	23574
certify its need for additional space to the department, in a	23575
manner satisfactory to the department.	23576

Sec. 3317.0217. The department of education shall annually	23577
compute and pay state parity aid to school districts, as follows:	23578

(A) Calculate the local wealth per pupil of each school	23579
district, which equals the following sum:	23580

(1) Two-thirds times the quotient of (a) the district's	23581
recognized valuation divided by (b) its formula ADM; plus	23582

(2) One-third times the quotient of (a) the average of the	23583
total federal adjusted gross income of the school district's	23584
residents for the three years most recently reported under section	23585
3317.021 of the Revised Code divided by (b) its formula ADM.	23586

(B) Rank all school districts in order of local wealth per	23587
pupil, from the district with the lowest local wealth per pupil to	23588
the district with the highest local wealth per pupil.	23589

(C) Compute the per pupil state parity aid funding for each	23590
school district in accordance with the following formula:	23591

Payment percentage X (threshold local wealth

23592

per pupil - the district's local

23593

wealth per pupil) X 0.0095

23594

Where:

23595

(1) "Payment percentage," for purposes of division (C) of	23596
this section, equals 20% in fiscal year 2002, 40% in fiscal year	23597
2003, 60% in fiscal year 2004, 80% in fiscal year 2005, and 100%	23598
after fiscal year 2005.	23599

(2) Nine and one-half mills (0.0095) is the general	23600
assembly's determination of the average number of effective	23601
operating mills that districts in the seventieth to ninetieth	23602
percentiles of valuations per pupil collected in fiscal year 2001	23603
above the revenues required to finance their attributed local	23604
shares of the calculated cost of an adequate education. This was	23605
determined by (a) adding the district revenues from operating	23606
property tax levies and income tax levies, (b) subtracting from	23607
that total the sum of (i) twenty-three mills times adjusted	23608
recognized valuation plus (ii) the attributed local shares of	23609
special education, transportation, and vocational education	23610
funding as described in divisions (F)(1) to (3) of section	23611
3317.022 of the Revised Code, and (c) converting the result to an	23612
effective operating property tax rate.	23613

(3) The "threshold local wealth per pupil" is the local	23614
wealth per pupil of the school district with the	23615
four-hundred-ninetieth lowest local wealth per pupil.	23616

If the result of the calculation for a school district under	23617
division (C) of this section is less than zero, the district's per	23618
pupil parity aid shall be zero.	23619

(D) Compute the per pupil alternative parity aid for each	23620
school district that has a combination of an income factor of 1.0	23621
or less, a DPIA index of 1.0 or greater, and a	23622
cost-of-doing-business factor of 1.0375 or greater, in accordance	23623
with the following formula:	23624

Payment percentage X $60,000 X	23625

(1 - income factor) X 4/15 X 0.023

23626

Where:

23627

(1) "DPIA index" has the same meaning as in section 3317.029	23628
of the Revised Code.	23629

(2) "Payment percentage," for purposes of division (D) of	23630
this section, equals 50% in fiscal year 2002 and 100% after fiscal	23631
year 2002.	23632

(E) Pay each district that has a combination of an income	23633
factor 1.0 or less, a DPIA index of 1.0 or greater, and a	23634
cost-of-doing-business factor of 1.0375 or greater, the greater of	23635
the following:	23636

(1) The product of the district's per pupil parity aid	23637
calculated under division (C) of this section times its formula	23638
ADM;	23639

(2) The product of its per pupil alternative parity aid	23640
calculated under division (D) of this section times its formula	23641
ADM.	23642

(F) Pay every other district the product of its per pupil	23643
parity aid calculated under division (C) of this section times its	23644
formula ADM.	23645

~~Every six years, the general assembly shall redetermine,~~	23646
~~after considering the report of the committee appointed under~~	23647
~~section 3317.012 of the Revised Code, the average number of~~	23648
~~effective operating mills that districts in the seventieth to~~	23649
~~ninetieth percentiles of valuations per pupil collect above the~~	23650
~~revenues required to finance their attributed local shares of the~~	23651
~~cost of an adequate education.~~	23652

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	23653
(C) of this section, any student enrolled in kindergarten more	23654
than half time shall be reported as one-half student under this	23655
section.	23656

(A) The superintendent of each city and exempted village	23657
school district and of each educational service center shall, for	23658
the schools under the superintendent's supervision, certify to the	23659
state board of education on or before the fifteenth day of October	23660
in each year for the first full school week in October the formula	23661
ADM, which shall consist of the average daily membership during	23662
such week of the sum of the following:	23663

(1) On an FTE basis, the number of students in grades	23664
kindergarten through twelve receiving any educational services	23665
from the district, except that the following categories of	23666
students shall not be included in the determination:	23667

(a) Students enrolled in adult education classes;

23668

(b) Adjacent or other district students enrolled in the	23669
district under an open enrollment policy pursuant to section	23670
3313.98 of the Revised Code;	23671

(c) Students receiving services in the district pursuant to a	23672
compact, cooperative education agreement, or a contract, but who	23673
are entitled to attend school in another district pursuant to	23674
section 3313.64 or 3313.65 of the Revised Code;	23675

(d) Students for whom tuition is payable pursuant to sections	23676
3317.081 and 3323.141 of the Revised Code.	23677

(2) On an FTE basis, the number of students entitled to	23678
attend school in the district pursuant to section 3313.64 or	23679
3313.65 of the Revised Code, but receiving educational services in	23680
grades kindergarten through twelve from one or more of the	23681
following entities:	23682

(a) A community school pursuant to Chapter 3314. of the	23683
Revised Code, including any participation in a college pursuant to	23684
Chapter 3365. of the Revised Code while enrolled in such community	23685
school;	23686

(b) An alternative school pursuant to sections 3313.974 to	23687
3313.979 of the Revised Code as described in division (I)(2)(a) or	23688
(b) of this section;	23689

(c) A college pursuant to Chapter 3365. of the Revised Code,	23690
except when the student is enrolled in the college while also	23691
enrolled in a community school pursuant to Chapter 3314. of the	23692
Revised Code;	23693

(d) An adjacent or other school district under an open	23694
enrollment policy adopted pursuant to section 3313.98 of the	23695
Revised Code;	23696

(e) An educational service center or cooperative education	23697
district;	23698

(f) Another school district under a cooperative education	23699
agreement, compact, or contract.	23700

(3) ~~One-fourth~~Ten per cent of the number of students	23701
enrolled in a joint vocational school district or under a	23702
vocational education compact, excluding any students entitled to	23703
attend school in the district under section 3313.64 or 3313.65 of	23704
the Revised Code who are enrolled in another school district	23705
through an open enrollment policy as reported under division	23706
(A)(2)(d) of this section and then enroll in a joint vocational	23707
school district or under a vocational education compact;	23708

(4) The number of handicapped children, other than	23709
handicapped preschool children, entitled to attend school in the	23710
district pursuant to section 3313.64 or 3313.65 of the Revised	23711
Code who are placed with a county MR/DD board, minus the number of	23712
such children placed with a county MR/DD board in fiscal year	23713
1998. If this calculation produces a negative number, the number	23714
reported under division (A)(4) of this section shall be zero.	23715

(B) To enable the department of education to obtain the data	23716
needed to complete the calculation of payments pursuant to this	23717
chapter, in addition to the formula ADM, each superintendent shall	23718
report separately the following student counts:	23719

(1) The total average daily membership in regular day classes	23720
included in the report under division (A)(1) or (2) of this	23721
section for kindergarten, and each of grades one through twelve in	23722
schools under the superintendent's supervision;	23723

(2) The number of all handicapped preschool children enrolled	23724
as of the first day of December in classes in the district that	23725
are eligible for approval ~~by the state board of education~~ under	23726
division (B) of section 3317.05 of the Revised Code and the number	23727
of those classes, which shall be reported not later than the	23728
fifteenth day of December, in accordance with rules adopted under	23729
that section;	23730

(3) The number of children entitled to attend school in the	23731
district pursuant to section 3313.64 or 3313.65 of the Revised	23732
Code who are participating in a pilot project scholarship program	23733
established under sections 3313.974 to 3313.979 of the Revised	23734
Code as described in division (I)(2)(a) or (b) of this section,	23735
are enrolled in a college under Chapter 3365. of the Revised Code,	23736
except when the student is enrolled in the college while also	23737
enrolled in a community school pursuant to Chapter 3314. of the	23738
Revised Code, are enrolled in an adjacent or other school district	23739
under section 3313.98 of the Revised Code, are enrolled in a	23740
community school established under Chapter 3314. of the Revised	23741
Code, including any participation in a college pursuant to Chapter	23742
3365. of the Revised Code while enrolled in such community school,	23743
or are participating in a program operated by a county MR/DD board	23744
or a state institution;	23745

(4) The number of pupils enrolled in joint vocational	23746
schools;	23747

(5) The average daily membership of handicapped children	23748
reported under division (A)(1) or (2) of this section receiving	23749
special education services for the category one handicap described	23750
in division (A) of section 3317.013 of the Revised Code;	23751

(6) The average daily membership of handicapped children	23752
reported under division (A)(1) or (2) of this section receiving	23753
special education services for category two handicaps described in	23754
division (B) of section 3317.013 of the Revised Code;	23755

(7) The average daily membership of handicapped children	23756
reported under division (A)(1) or (2) of this section receiving	23757
special education services for category three handicaps described	23758
in division (C) of section 3317.013 of the Revised Code;	23759

(8) The average daily membership of handicapped children	23760
reported under division (A)(1) or (2) of this section receiving	23761
special education services for category four handicaps described	23762
in division (D) of section 3317.013 of the Revised Code;	23763

(9) The average daily membership of handicapped children	23764
reported under division (A)(1) or (2) of this section receiving	23765
special education services for the category five handicap	23766
described in division (E) of section 3317.013 of the Revised Code;	23767

(10) The average daily membership of handicapped children	23768
reported under division (A)(1) or (2) of this section receiving	23769
special education services for category six handicaps described in	23770
division (F) of section 3317.013 of the Revised Code;	23771

(11) The average daily membership of pupils reported under	23772
division (A)(1) or (2) of this section enrolled in category one	23773
vocational education programs or classes, described in division	23774
(A) of section 3317.014 of the Revised Code, operated by the	23775
school district or by another district, other than a joint	23776
vocational school district, or by an educational service center;	23777

(12) The average daily membership of pupils reported under	23778
division (A)(1) or (2) of this section enrolled in category two	23779
vocational education programs or services, described in division	23780
(B) of section 3317.014 of the Revised Code, operated by the	23781
school district or another school district, other than a joint	23782
vocational school district, or by an educational service center;	23783

(13) The average number of children transported by the school	23784
district on board-owned or contractor-owned and -operated buses,	23785
reported in accordance with rules adopted by the department of	23786
education;	23787

(14)(a) The number of children, other than handicapped	23788
preschool children, the district placed with a county MR/DD board	23789
in fiscal year 1998;	23790

(b) The number of handicapped children, other than	23791
handicapped preschool children, placed with a county MR/DD board	23792
in the current fiscal year to receive special education services	23793
for the category one handicap described in division (A) of section	23794
3317.013 of the Revised Code;	23795

(c) The number of handicapped children, other than	23796
handicapped preschool children, placed with a county MR/DD board	23797
in the current fiscal year to receive special education services	23798
for category two handicaps described in division (B) of section	23799
3317.013 of the Revised Code;	23800

(d) The number of handicapped children, other than	23801
handicapped preschool children, placed with a county MR/DD board	23802
in the current fiscal year to receive special education services	23803
for category three handicaps described in division (C) of section	23804
3317.013 of the Revised Code;	23805

(e) The number of handicapped children, other than	23806
handicapped preschool children, placed with a county MR/DD board	23807
in the current fiscal year to receive special education services	23808
for category four handicaps described in division (D) of section	23809
3317.013 of the Revised Code;	23810

(f) The number of handicapped children, other than	23811
handicapped preschool children, placed with a county MR/DD board	23812
in the current fiscal year to receive special education services	23813
for the category five handicap described in division (E) of	23814
section 3317.013 of the Revised Code;	23815

(g) The number of handicapped children, other than	23816
handicapped preschool children, placed with a county MR/DD board	23817
in the current fiscal year to receive special education services	23818
for category six handicaps described in division (F) of section	23819
3317.013 of the Revised Code.	23820

(C)(1) Except as otherwise provided in this section for	23821
kindergarten students, the average daily membership in divisions	23822
(B)(1) to (12) of this section shall be based upon the number of	23823
full-time equivalent students. The state board of education shall	23824
adopt rules defining full-time equivalent students and for	23825
determining the average daily membership therefrom for the	23826
purposes of divisions (A), (B), and (D) of this section.	23827

(2) A student enrolled in a community school established	23828
under Chapter 3314. of the Revised Code shall be counted in the	23829
formula ADM and, if applicable, the category one, two, three,	23830
four, five, or six special education ADM of the school district in	23831
which the student is entitled to attend school under section	23832
3313.64 or 3313.65 of the Revised Code for the same proportion of	23833
the school year that the student is counted in the enrollment of	23834
the community school for purposes of section 3314.08 of the	23835
Revised Code.	23836

(3) No child shall be counted as more than a total of one	23837
child in the sum of the average daily memberships of a school	23838
district under division (A), divisions (B)(1) to (12), or division	23839
(D) of this section, except as follows:	23840

(a) A child with a handicap described in section 3317.013 of	23841
the Revised Code may be counted both in formula ADM and in	23842
category one, two, three, four, five, or six special education ADM	23843
and, if applicable, in category one or two vocational education	23844
ADM. As provided in division (C) of section 3317.02 of the Revised	23845
Code, such a child shall be counted in category one, two, three,	23846
four, five, or six special education ADM in the same proportion	23847
that the child is counted in formula ADM.	23848

(b) A child enrolled in vocational education programs or	23849
classes described in section 3317.014 of the Revised Code may be	23850
counted both in formula ADM and category one or two vocational	23851
education ADM and, if applicable, in category one, two, three,	23852
four, five, or six special education ADM. Such a child shall be	23853
counted in category one or two vocational education ADM in the	23854
same proportion as the percentage of time that the child spends in	23855
the vocational education programs or classes.	23856

(4) Based on the information reported under this section, the	23857
department of education shall determine the total student count,	23858
as defined in section 3301.011 of the Revised Code, for each	23859
school district.	23860

(D)(1) The superintendent of each joint vocational school	23861
district shall certify to the superintendent of public instruction	23862
on or before the fifteenth day of October in each year for the	23863
first full school week in October the formula ADM, which, except	23864
as otherwise provided in this division, shall consist of the	23865
average daily membership during such week, on an FTE basis, of the	23866
number of students receiving any educational services from the	23867
district, including students enrolled in a community school	23868
established under Chapter 3314. of the Revised Code who are	23869
attending the joint vocational district under an agreement between	23870
the district board of education and the governing authority of the	23871
community school and are entitled to attend school in a city,	23872
local, or exempted village school district whose territory is part	23873
of the territory of the joint vocational district.	23874

The following categories of students shall not be included in	23875
the determination made under division (D)(1) of this section:	23876

(a) Students enrolled in adult education classes;

23877

(b) Adjacent or other district joint vocational students	23878
enrolled in the district under an open enrollment policy pursuant	23879
to section 3313.98 of the Revised Code;	23880

(c) Students receiving services in the district pursuant to a	23881
compact, cooperative education agreement, or a contract, but who	23882
are entitled to attend school in a city, local, or exempted	23883
village school district whose territory is not part of the	23884
territory of the joint vocational district;	23885

(d) Students for whom tuition is payable pursuant to sections	23886
3317.081 and 3323.141 of the Revised Code.	23887

(2) To enable the department of education to obtain the data	23888
needed to complete the calculation of payments pursuant to this	23889
chapter, in addition to the formula ADM, each superintendent shall	23890
report separately the average daily membership included in the	23891
report under division (D)(1) of this section for each of the	23892
following categories of students:	23893

(a) Students enrolled in each grade included in the joint	23894
vocational district schools;	23895

(b) Handicapped children receiving special education services	23896
for the category one handicap described in division (A) of section	23897
3317.013 of the Revised Code;	23898

(c) Handicapped children receiving special education services	23899
for the category two handicaps described in division (B) of	23900
section 3317.013 of the Revised Code;	23901

(d) Handicapped children receiving special education services	23902
for category three handicaps described in division (C) of section	23903
3317.013 of the Revised Code;	23904

(e) Handicapped children receiving special education services	23905
for category four handicaps described in division (D) of section	23906
3317.013 of the Revised Code;	23907

(f) Handicapped children receiving special education services	23908
for the category five handicap described in division (E) of	23909
section 3317.013 of the Revised Code;	23910

(g) Handicapped children receiving special education services	23911
for category six handicaps described in division (F) of section	23912
3317.013 of the Revised Code;	23913

(h) Students receiving category one vocational education	23914
services, described in division (A) of section 3317.014 of the	23915
Revised Code;	23916

(i) Students receiving category two vocational education	23917
services, described in division (B) of section 3317.014 of the	23918
Revised Code.	23919

The superintendent of each joint vocational school district	23920
shall also indicate the city, local, or exempted village school	23921
district in which each joint vocational district pupil is entitled	23922
to attend school pursuant to section 3313.64 or 3313.65 of the	23923
Revised Code.	23924

(E) In each school of each city, local, exempted village,	23925
joint vocational, and cooperative education school district there	23926
shall be maintained a record of school membership, which record	23927
shall accurately show, for each day the school is in session, the	23928
actual membership enrolled in regular day classes. For the purpose	23929
of determining average daily membership, the membership figure of	23930
any school shall not include any pupils except those pupils	23931
described by division (A) of this section. The record of	23932
membership for each school shall be maintained in such manner that	23933
no pupil shall be counted as in membership prior to the actual	23934
date of entry in the school and also in such manner that where for	23935
any cause a pupil permanently withdraws from the school that pupil	23936
shall not be counted as in membership from and after the date of	23937
such withdrawal. There shall not be included in the membership of	23938
any school any of the following:	23939

(1) Any pupil who has graduated from the twelfth grade of a	23940
public high school;	23941

(2) Any pupil who is not a resident of the state;

23942

(3) Any pupil who was enrolled in the schools of the district	23943
during the previous school year when tests were administered under	23944
section 3301.0711 of the Revised Code but did not take one or more	23945
of the tests required by that section and was not excused pursuant	23946
to division (C)(1) of that section;	23947

(4) Any pupil who has attained the age of twenty-two years,	23948
except for veterans of the armed services whose attendance was	23949
interrupted before completing the recognized twelve-year course of	23950
the public schools by reason of induction or enlistment in the	23951
armed forces and who apply for reenrollment in the public school	23952
system of their residence not later than four years after	23953
termination of war or their honorable discharge.	23954

If, however, any veteran described by division (E)(4) of this	23955
section elects to enroll in special courses organized for veterans	23956
for whom tuition is paid under the provisions of federal laws, or	23957
otherwise, that veteran shall not be included in average daily	23958
membership.	23959

Notwithstanding division (E)(3) of this section, the	23960
membership of any school may include a pupil who did not take a	23961
test required by section 3301.0711 of the Revised Code if the	23962
superintendent of public instruction grants a waiver from the	23963
requirement to take the test to the specific pupil. The	23964
superintendent may grant such a waiver only for good cause in	23965
accordance with rules adopted by the state board of education.	23966

Except as provided in divisions (B)(2) and (F) of this	23967
section, the average daily membership figure of any local, city,	23968
exempted village, or joint vocational school district shall be	23969
determined by dividing the figure representing the sum of the	23970
number of pupils enrolled during each day the school of attendance	23971
is actually open for instruction during the first full school week	23972
in October by the total number of days the school was actually	23973
open for instruction during that week. For purposes of state	23974
funding, "enrolled" persons are only those pupils who are	23975
attending school, those who have attended school during the	23976
current school year and are absent for authorized reasons, and	23977
those handicapped children currently receiving home instruction.	23978

The average daily membership figure of any cooperative	23979
education school district shall be determined in accordance with	23980
rules adopted by the state board of education.	23981

(F)(1) If the formula ADM for the first full school week in	23982
February is at least three per cent greater than that certified	23983
for the first full school week in the preceding October, the	23984
superintendent of schools of any city, exempted village, or joint	23985
vocational school district or educational service center shall	23986
certify such increase to the superintendent of public instruction.	23987
Such certification shall be submitted no later than the fifteenth	23988
day of February. For the balance of the fiscal year, beginning	23989
with the February payments, the superintendent of public	23990
instruction shall use the increased formula ADM in calculating or	23991
recalculating the amounts to be allocated in accordance with	23992
section 3317.022 or 3317.16 of the Revised Code. In no event shall	23993
the superintendent use an increased membership certified to the	23994
superintendent after the fifteenth day of February.	23995

(2) If on the first school day of April the total number of	23996
classes or units for handicapped preschool children that are	23997
eligible for approval under division (B) of section 3317.05 of the	23998
Revised Code exceeds the number of units that have been approved	23999
for the year under that division, the superintendent of schools of	24000
any city, exempted village, or cooperative education school	24001
district or educational service center shall make the	24002
certifications required by this section for that day. If the ~~state~~	24003
~~board of education~~department determines additional units can be	24004
approved for the fiscal year within any limitations set forth in	24005
the acts appropriating moneys for the funding of such units, the	24006
~~board~~department shall approve additional units for the fiscal	24007
year on the basis of such average daily membership. For each unit	24008
so approved, the department ~~of education~~ shall pay an amount	24009
computed in the manner prescribed in section 3317.052 or 3317.19	24010
and section 3317.053 of the Revised Code.	24011

(3) If a student attending a community school under Chapter	24012
3314. of the Revised Code is not included in the formula ADM	24013
certified for the first full school week of October for the school	24014
district in which the student is entitled to attend school under	24015
section 3313.64 or 3313.65 of the Revised Code, the department of	24016
education shall adjust the formula ADM of that school district to	24017
include the community school student in accordance with division	24018
(C)(2) of this section, and shall recalculate the school	24019
district's payments under this chapter for the entire fiscal year	24020
on the basis of that adjusted formula ADM. This requirement	24021
applies regardless of whether the student was enrolled, as defined	24022
in division (E) of this section, in the community school during	24023
the first full school week in October.	24024

(G)(1)(a) The superintendent of an institution operating a	24025
special education program pursuant to section 3323.091 of the	24026
Revised Code shall, for the programs under such superintendent's	24027
supervision, certify to the state board of education the average	24028
daily membership of all handicapped children in classes or	24029
programs approved annually by the ~~state board~~department of	24030
education, in the manner prescribed by the superintendent of	24031
public instruction.	24032

(b) The superintendent of an institution with vocational	24033
education units approved under division (A) of section 3317.05 of	24034
the Revised Code shall, for the units under the superintendent's	24035
supervision, certify to the state board of education the average	24036
daily membership in those units, in the manner prescribed by the	24037
superintendent of public instruction.	24038

(2) The superintendent of each county MR/DD board that	24039
maintains special education classes under section 3317.20 of the	24040
Revised Code or units approved ~~by the state board of education~~	24041
pursuant to section 3317.05 of the Revised Code shall do both of	24042
the following:	24043

(a) Certify to the state board, in the manner prescribed by	24044
the board, the average daily membership in classes under section	24045
3317.20 of the Revised Code for each school district that has	24046
placed children in the classes;	24047

(b) Certify to the state board, in the manner prescribed by	24048
the board, the number of all handicapped preschool children	24049
enrolled as of the first day of December in classes eligible for	24050
approval under division (B) of section 3317.05 of the Revised	24051
Code, and the number of those classes.	24052

(3)(a) If on the first school day of April the number of	24053
classes or units maintained for handicapped preschool children by	24054
the county MR/DD board that are eligible for approval under	24055
division (B) of section 3317.05 of the Revised Code is greater	24056
than the number of units approved for the year under that	24057
division, the superintendent shall make the certification required	24058
by this section for that day.	24059

(b) If the ~~state board~~department determines that additional	24060
classes or units can be approved for the fiscal year within any	24061
limitations set forth in the acts appropriating moneys for the	24062
funding of the classes and units described in division (G)(3)(a)	24063
of this section, the ~~board~~department shall approve and fund	24064
additional units for the fiscal year on the basis of such average	24065
daily membership. For each unit so approved, the department of	24066
~~education~~ shall pay an amount computed in the manner prescribed in	24067
sections 3317.052 and 3317.053 of the Revised Code.	24068

(H) Except as provided in division (I) of this section, when	24069
any city, local, or exempted village school district provides	24070
instruction for a nonresident pupil whose attendance is	24071
unauthorized attendance as defined in section 3327.06 of the	24072
Revised Code, that pupil's membership shall not be included in	24073
that district's membership figure used in the calculation of that	24074
district's formula ADM or included in the determination of any	24075
unit approved for the district under section 3317.05 of the	24076
Revised Code. The reporting official shall report separately the	24077
average daily membership of all pupils whose attendance in the	24078
district is unauthorized attendance, and the membership of each	24079
such pupil shall be credited to the school district in which the	24080
pupil is entitled to attend school under division (B) of section	24081
3313.64 or section 3313.65 of the Revised Code as determined by	24082
the department of education.	24083

(I)(1) A city, local, exempted village, or joint vocational	24084
school district admitting a scholarship student of a pilot project	24085
district pursuant to division (C) of section 3313.976 of the	24086
Revised Code may count such student in its average daily	24087
membership.	24088

(2) In any year for which funds are appropriated for pilot	24089
project scholarship programs, a school district implementing a	24090
state-sponsored pilot project scholarship program that year	24091
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	24092
count in average daily membership:	24093

(a) All children residing in the district and utilizing a	24094
scholarship to attend kindergarten in any alternative school, as	24095
defined in section 3313.974 of the Revised Code;	24096

(b) All children who were enrolled in the district in the	24097
preceding year who are utilizing a scholarship to attend any such	24098
alternative school.	24099

(J) The superintendent of each cooperative education school	24100
district shall certify to the superintendent of public	24101
instruction, in a manner prescribed by the state board of	24102
education, the applicable average daily memberships for all	24103
students in the cooperative education district, also indicating	24104
the city, local, or exempted village district where each pupil is	24105
entitled to attend school under section 3313.64 or 3313.65 of the	24106
Revised Code.	24107

Sec. 3317.032. (A) Each city, local, exempted village, and	24108
cooperative education school district, each educational service	24109
center, each county MR/DD board, and each institution operating a	24110
special education program pursuant to section 3323.091 of the	24111
Revised Code shall, in accordance with procedures adopted by the	24112
state board of education, maintain a record of district membership	24113
of both of the following:	24114

(1) All handicapped preschool children in units approved	24115
under division (B) of section 3317.05 of the Revised Code;	24116

(2) All handicapped preschool children who are not in units	24117
approved ~~by the state board~~ under division (B) of section 3317.05	24118
of the Revised Code but who are otherwise served by a special	24119
education program.	24120

(B) The superintendent of each district, board, or	24121
institution subject to division (A) of this section shall certify	24122
to the state board of education, in accordance with procedures	24123
adopted by that board, membership figures of all handicapped	24124
preschool children whose membership is maintained under division	24125
(A)(2) of this section. The figures certified under this division	24126
shall be used in the determination of the ADM used to compute	24127
funds for educational service center governing boards under	24128
~~division (B) of~~ section 3317.11 of the Revised Code.	24129

Sec. 3317.05. (A) For the purpose of calculating payments	24130
under sections 3317.052 and 3317.053 of the Revised Code, the	24131
~~state board~~department of education shall determine for each	24132
institution, by the last day of January of each year and based on	24133
information certified under section 3317.03 of the Revised Code,	24134
the number of vocational education units or fractions of units	24135
approved by the ~~state board~~department on the basis of standards	24136
and rules adopted by the state board of education. As used in this	24137
division, "institution" means an institution operated by a	24138
department specified in section 3323.091 of the Revised Code and	24139
that provides vocational education programs under the supervision	24140
of the division of vocational education of the department of	24141
~~education~~ that meet the standards and rules for these programs,	24142
including licensure of professional staff involved in the	24143
programs, as established by the state board ~~of education~~.	24144

(B) For the purpose of calculating payments under sections	24145
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	24146
~~state board~~department shall determine, based on information	24147
certified under section 3317.03 of the Revised Code, the following	24148
by the last day of January of each year for each educational	24149
service center, for each school district, including each	24150
cooperative education school district, for each institution	24151
eligible for payment under section 3323.091 of the Revised Code,	24152
and for each county MR/DD board: the number of classes operated by	24153
the school district, service center, institution, or county MR/DD	24154
board for handicapped preschool children, or fraction thereof,	24155
including in the case of a district or service center that is a	24156
funding agent, classes taught by a licensed teacher employed by	24157
that district or service center under section 3313.841 of the	24158
Revised Code, approved annually by the ~~state board~~department on	24159
the basis of standards and rules adopted by the state board.	24160

(C) For the purpose of calculating payments under sections	24161
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	24162
~~state board~~department shall determine, based on information	24163
certified under section 3317.03 of the Revised Code, the following	24164
by the last day of January of each year for each school district,	24165
including each cooperative education school district, for each	24166
institution eligible for payment under section 3323.091 of the	24167
Revised Code, and for each county MR/DD board: the number of	24168
preschool handicapped related services units for child study,	24169
occupational, physical, or speech and hearing therapy, special	24170
education supervisors, and special education coordinators approved	24171
annually by the ~~state board~~department on the basis of standards	24172
and rules adopted by the state board.	24173

(D) For the purpose of calculating payments under sections	24174
3317.052 and 3317.053 of the Revised Code, the ~~state board~~	24175
department shall determine, based on information certified under	24176
section 3317.03 of the Revised Code, the following by the last day	24177
of January of each year for each institution eligible for payment	24178
under section 3323.091 of the Revised Code:	24179

(1) The number of classes operated by an institution for	24180
handicapped children other than handicapped preschool children, or	24181
fraction thereof, approved annually by the ~~state board~~department	24182
on the basis of standards and rules adopted by the state board;	24183

(2) The number of related services units for children other	24184
than handicapped preschool children for child study, occupational,	24185
physical, or speech and hearing therapy, special education	24186
supervisors, and special education coordinators approved annually	24187
by the ~~state board~~department on the basis of standards and rules	24188
adopted by the state board.	24189

(E) All of the arithmetical calculations made under this	24190
section shall be carried to the second decimal place. The total	24191
number of units for school districts, service centers, and	24192
institutions approved annually ~~by the state board~~ under this	24193
section shall not exceed the number of units included in the ~~state~~	24194
~~board's~~ estimate of cost for these units and appropriations made	24195
for them by the general assembly.	24196

In the case of units described in division (D)(1) of this	24197
section operated by institutions eligible for payment under	24198
section 3323.091 of the Revised Code, the ~~state board~~department	24199
shall approve only units for persons who are under age twenty-two	24200
on the first day of the academic year, but not less than six years	24201
of age on the thirtieth day of September of that year, except that	24202
such a unit may include one or more children who are under six	24203
years of age on the thirtieth day of September if such children	24204
have been admitted to the unit pursuant to rules of the state	24205
board. In the case of handicapped preschool units described in	24206
division (B) of this section ~~operated by county MR/DD boards and~~	24207
~~institutions eligible for payment under section 3323.091 of the~~	24208
~~Revised Code~~, the ~~state board~~department shall approve only	24209
preschool units for children who are under age six but not less	24210
than age three on the ~~thirtieth~~first day of ~~September~~December of	24211
the academic year, except that such a unit may include one or more	24212
children who are under age three or are age six or over on the	24213
~~thirtieth~~first day of ~~September~~December, as reported under	24214
division (B)(2) or (G)(2)(b) of section 3317.03 of the Revised	24215
Code, if such children have been admitted to the unit pursuant to	24216
rules of the state board ~~of education~~. The number of units for	24217
county MR/DD boards and institutions eligible for payment under	24218
section 3323.091 of the Revised Code approved ~~by the state board~~	24219
under this section shall not exceed the number that can be funded	24220
with appropriations made for such purposes by the general	24221
assembly.	24222

No unit shall be approved under divisions (B) to (D) of this	24223
section unless a plan has been submitted and approved under	24224
Chapter 3323. of the Revised Code.	24225

(F) The department shall approve units or fractions thereof	24226
for gifted children on the basis of standards and rules adopted by	24227
the state board.	24228

Sec. 3317.064. (A) There is hereby established in the state	24229
treasury the auxiliary services ~~mobile unit replacement and repair~~	24230
reimbursement fund. By the thirtieth day of January of each	24231
odd-numbered year, the director of job and family services and the	24232
superintendent of public instruction shall determine the amount of	24233
any excess moneys in the auxiliary services personnel unemployment	24234
compensation fund not reasonably necessary for the purposes of	24235
section 4141.47 of the Revised Code, and shall certify such amount	24236
to the director of budget and management for transfer to the	24237
auxiliary services ~~mobile unit replacement and repair~~	24238
reimbursement fund. If the director of job and family services and	24239
the superintendent disagree on such amount, the director of budget	24240
and management shall determine the amount to be transferred.	24241

(B) Moneys in the auxiliary services ~~mobile unit replacement~~	24242
~~and repair~~reimbursement fund shall be used for the relocation or	24243
for the replacement and repair of mobile units used to provide the	24244
services specified in division (E), (F), (G), or (I) of section	24245
3317.06 of the Revised Code. The state board of education shall	24246
adopt guidelines and procedures for replacement, repair, and	24247
relocation of mobile units and the procedures under which a school	24248
district may apply to receive moneys with which to repair or	24249
replace or relocate such units.	24250

(C) School districts may apply to the department for moneys	24251
from the auxiliary services ~~mobile unit replacement and repair~~	24252
reimbursement fund for payment of incentives for early retirement	24253
and severance for school district personnel assigned to provide	24254
services authorized by section 3317.06 of the Revised Code at	24255
chartered nonpublic schools. The portion of the cost of any early	24256
retirement or severance incentive for any employee that is paid	24257
using money from the auxiliary services ~~mobile unit replacement~~	24258
~~and repair~~reimbursement fund shall not exceed the percentage of	24259
such employee's total service credit that the employee spent	24260
providing services to chartered nonpublic school students under	24261
section 3317.06 of the Revised Code.	24262

Sec. 3317.07. The state board of education shall establish	24263
rules for the purpose of distributing subsidies for the purchase	24264
of school buses under division (E) of section 3317.024 of the	24265
Revised Code.	24266

No school bus subsidy payments shall be paid to any district	24267
unless such district can demonstrate that pupils residing more	24268
than one mile from the school could not be transported without	24269
such additional aid.	24270

The amount paid to a county MR/DD board for buses purchased	24271
for transportation of children in special education programs	24272
operated by the board shall be one hundred per cent of the board's	24273
net cost.	24274

The amount paid to a school district for buses purchased for	24275
transportation of handicapped and nonpublic school pupils shall be	24276
one hundred per cent of the school district's net cost.	24277

The state board of education shall adopt a formula to	24278
determine the amount of payments that shall be distributed to	24279
school districts to purchase school buses for pupils other than	24280
handicapped or nonpublic school pupils.	24281

If any district or MR/DD board obtains bus services for pupil	24282
transportation pursuant to a contract, such district or board may	24283
use payments received under this section to defray the costs of	24284
contracting for bus services in lieu of for purchasing buses.	24285

If the department of education determines that a county MR/DD	24286
board no longer needs a school bus because the board no longer	24287
transports children to a special education program operated by the	24288
board, or if the department determines that a school district no	24289
longer needs a school bus to transport pupils to a nonpublic	24290
school or special education program, the department may reassign a	24291
bus that was funded with payments provided pursuant to this	24292
section for the purpose of transporting such pupils. The	24293
department may reassign a bus to a county MR/DD board or school	24294
district that transports children to a special education program	24295
designated in the children's individualized education plans, or to	24296
a school district that transports pupils to a nonpublic school,	24297
and needs an additional school bus.	24298

Sec. 3317.09. All moneys distributed to a school district,	24299
including any cooperative education or joint vocational school	24300
district and all moneys distributed to any educational service	24301
center, by the state whether from a state or federal source, shall	24302
be accounted for by the division of school finance of the	24303
department of education. All moneys distributed shall be coded as	24304
to county, school district or educational service center, source,	24305
and other pertinent information, and at the end of each month, a	24306
report of such distribution shall be made by such division of	24307
school finance to the clerk of the senate and the chief	24308
administrative officer of the house of representatives, to the	24309
Ohio legislative service commission to be available for	24310
examination by any member of either house, to each school district	24311
and educational service center, and to the governor.	24312

On or before the first day of September in each year, a copy	24313
of the annual statistical report required in ~~sections~~section	24314
3319.33 ~~and 3319.34~~ of the Revised Code shall be filed by the	24315
state board of education with the clerk of the senate and the	24316
chief administrative officer of the house of representatives, the	24317
Ohio legislative service commission, the governor, and the auditor	24318
of state. The report shall contain an analysis for the prior	24319
fiscal year on an accrual basis of revenue receipts from all	24320
sources and expenditures for all purposes for each school district	24321
~~and each educational service center~~, including each joint	24322
vocational and cooperative education school district, in the	24323
state. If any board of education ~~or any educational service center~~	24324
~~governing board~~ fails to make the report required in ~~sections~~	24325
section 3319.33 ~~and 3319.34~~ of the Revised Code, the	24326
superintendent of public instruction shall be without authority to	24327
distribute funds to that school district or educational service	24328
center pursuant to sections 3317.022 to 3317.0212, 3317.11,	24329
3317.16, 3317.17, or 3317.19 of the Revised Code until such time	24330
as the required reports are filed with all specified officers,	24331
boards, or agencies.	24332

Sec. 3317.10. (A) On or before the first day of March of	24333
each year, the department of job and family services shall certify	24334
to the state board of education the unduplicated number of	24335
children ages five through seventeen residing in each school	24336
district and living in a family that, during the preceding	24337
October, had family income not exceeding the federal poverty	24338
guidelines as defined in section 5101.46 of the Revised Code and	24339
participated in one of the following:	24340

(1) Ohio works first;

24341

(2) The food stamp program;

24342

(3) The medical assistance program, including the healthy	24343
start program, established under Chapter 5111. of the Revised	24344
Code;	24345

(4) The children's health insurance program part I	24346
established under section 5101.50 of the Revised Code;	24347

(5) The disability financial assistance program established	24348
under Chapter 5115. of the Revised Code;	24349

(6) The disability medical assistance program established	24350
under Chapter 5115. of the Revised Code.	24351

The department of job and family services shall certify this	24352
information according to the school district of residence for each	24353
child. Except as provided under division (B) of this section, the	24354
number of children so certified in any year shall be used by the	24355
department of education in calculating the distribution of moneys	24356
for the ensuing fiscal year as provided in section 3317.029 of the	24357
Revised Code.	24358

(B) Upon the transfer of part of the territory of one school	24359
district to the territory of one or more other school districts,	24360
the department of education may adjust the number of children	24361
certified under division (A) of this section for any district	24362
gaining or losing territory in such a transfer in order to take	24363
into account the effect of the transfer on the number of such	24364
children who reside in the district. Within sixty days of receipt	24365
of a request for information from the department of education, the	24366
department of job and family services shall provide any	24367
information the department of education determines is necessary to	24368
make such adjustments. The department of education may use the	24369
adjusted number for any district for the applicable fiscal year,	24370
in lieu of the number certified for the district for that fiscal	24371
year under division (A) of this section, in the calculation of the	24372
distribution of moneys provided in section 3317.029 of the Revised	24373
Code.	24374

Sec. 3317.11. (A) As used in this section:

24375

(1) "Client school district" means a city or exempted village	24376
school district that has entered into an agreement under section	24377
3313.843 of the Revised Code to receive any services from an	24378
educational service center.	24379

(2) "Service center ADM" means the sum of the total student	24380
counts of all local school districts within an educational service	24381
center's territory and all of the service center's client school	24382
districts.	24383

(3) "Total student count" has the same meaning as in section	24384
3301.011 of the Revised Code.	24385

(B)(1) The governing board of each educational service center	24386
shall provide supervisory services to each local school district	24387
within the service center's territory. Each city or exempted	24388
village school district that enters into an agreement under	24389
section 3313.843 of the Revised Code for a governing board to	24390
provide any services also is considered to be provided supervisory	24391
services by the governing board. Except as provided in division	24392
(B)(2) of this section, the supervisory services shall not exceed	24393
one supervisory teacher for the first fifty classroom teachers	24394
required to be employed in the districts, as calculated under	24395
section 3317.023 of the Revised Code, and one for each additional	24396
one hundred required classroom teachers, as so calculated.	24397

The supervisory services shall be financed annually through	24398
supervisory units. Except as provided in division (B)(2) of this	24399
section, the number of supervisory units assigned to each district	24400
shall not exceed one unit for the first fifty classroom teachers	24401
required to be employed in the district, as calculated under	24402
section 3317.023 of the Revised Code, and one for each additional	24403
one hundred required classroom teachers, as so calculated. The	24404
cost of each supervisory unit shall be the sum of:	24405

(a) The minimum salary prescribed by section 3317.13 of the	24406
Revised Code for the licensed supervisory employee of the	24407
governing board;	24408

(b) An amount equal to fifteen per cent of the salary	24409
prescribed by section 3317.13 of the Revised Code;	24410

(c) An allowance for necessary travel expenses, limited to	24411
the lesser of two hundred twenty-three dollars and sixteen cents	24412
per month or two thousand six hundred seventy-eight dollars per	24413
year.	24414

(2) If a majority of the boards of education, or	24415
superintendents acting on behalf of the boards, of the local and	24416
client school districts receiving services from the educational	24417
service center agree to receive additional supervisory services	24418
and to pay the cost of a corresponding number of supervisory units	24419
in excess of the services and units specified in division (B)(1)	24420
of this section, the service center shall provide the additional	24421
services as agreed to by the majority of districts to, and the	24422
department of education shall apportion the cost of the	24423
corresponding number of additional supervisory units pursuant to	24424
division (B)(3) of this section among, all of the service center's	24425
local and client school districts.	24426

(3) The department shall apportion the total cost for all	24427
supervisory units among the service center's local and client	24428
school districts based on each district's total student count. The	24429
department shall deduct each district's apportioned share pursuant	24430
to division (E) of section 3317.023 of the Revised Code and pay	24431
the apportioned share to the service center.	24432

(C) The department annually shall deduct from each local and	24433
client school district of each educational service center,	24434
pursuant to division (E) of section 3317.023 of the Revised Code,	24435
and pay to the service center an amount equal to six dollars and	24436
fifty cents times the school district's total student count. The	24437
board of education, or the superintendent acting on behalf of the	24438
board, of any local or client school district may agree to pay an	24439
amount in excess of six dollars and fifty cents per student in	24440
total student count. If a majority of the boards of education, or	24441
superintendents acting on behalf of the boards, of the local	24442
school districts within a service center's territory approve an	24443
amount in excess of six dollars and fifty cents per student in	24444
total student count, the department shall deduct the approved	24445
excess per student amount from all of the local school districts	24446
within the service center's territory and pay the excess amount to	24447
the service center.	24448

(D) The department shall pay each educational service center	24449
the amounts due to it from school districts pursuant to contracts,	24450
compacts, or agreements under which the service center furnishes	24451
services to the districts or their students. In order to receive	24452
payment under this division, an educational service center shall	24453
furnish either a copy of the contract, compact, or agreement	24454
clearly indicating the amounts of the payments, or a written	24455
statement that clearly indicates the payments owed and is signed	24456
by the superintendent or treasurer of the responsible school	24457
district. The amounts paid to service centers under this division	24458
shall be deducted from payments to school districts pursuant to	24459
division (K)(3) of section 3317.023 of the Revised Code.	24460

(E) Each school district's deduction under this section and	24461
divisions (E) and (K)(3) of section 3317.023 of the Revised Code	24462
shall be made from the total payment computed for the district	24463
under this chapter, after making any other adjustments in that	24464
payment required by law.	24465

(F)(1) Except as provided in division (F)(2) of this section,	24466
the department annually shall pay the governing board of each	24467
educational service center state funds equal to thirty-seven	24468
dollars times its service center ADM.	24469

(2) The department annually shall pay state funds equal to	24470
forty dollars and fifty-two cents times the service center ADM to	24471
each educational service center comprising territory that was	24472
included in the territory of at least three former service centers	24473
or county school districts, which former centers or districts	24474
engaged in one or more mergers under section 3311.053 of the	24475
Revised Code to form the present center.	24476

(G) Each city, exempted village, local, joint vocational, or	24477
cooperative education school district shall pay to the governing	24478
board of an educational service center any amounts agreed to for	24479
each child enrolled in the district who receives special education	24480
and related services or career-technical education from the	24481
educational service center, unless these educational services are	24482
provided pursuant to a contract, compact, or agreement for which	24483
the department deducts and transfers payments under division (D)	24484
of this section and division (K)(3) of section 3317.023 of the	24485
Revised Code.	24486

(H) An educational service center:

24487

(1) May provide special education and career-technical	24488
education to students in its local or client school districts;	24489

(2) Is eligible for transportation funding under division (J)	24490
of section 3317.024 of the Revised Code and for state subsidies	24491
for the purchase of school buses under section 3317.07 of the	24492
Revised Code;	24493

(3) May apply for and receive gifted education units and	24494
provide gifted education services to students in its local or	24495
client school districts;	24496

(4) May conduct driver education for high school students in	24497
accordance with Chapter 4508. of the Revised Code.	24498

Sec. 3317.15. (A) As used in this section, "handicapped	24499
child" has the same meaning as in section 3323.01 of the Revised	24500
Code.	24501

(B) Each city, exempted village, local, and joint vocational	24502
school district shall continue to comply with all requirements of	24503
federal statutes and regulations, the Revised Code, and rules	24504
adopted by the state board of education governing education of	24505
handicapped children, including, but not limited to, requirements	24506
that handicapped children be served by appropriately licensed or	24507
certificated education personnel.	24508

(C) Each city, exempted village, local, and joint vocational	24509
school district shall consult with the educational service center	24510
serving the county in which the school district is located and, if	24511
it elects to participate pursuant to section 5126.04 of the	24512
Revised Code, the county MR/DD board of that county, in providing	24513
services that serve the best interests of handicapped children.	24514

(D) Each school district shall annually provide documentation	24515
to the department of education that it employs the appropriate	24516
number of licensed or certificated personnel to serve the	24517
district's handicapped students.	24518

(E) The department annually shall audit a sample of school	24519
districts to ensure that handicapped children are being	24520
appropriately reported.	24521

(F) Each school district shall provide speech-language	24522
pathology services at a ratio of one speech-language pathologist	24523
per two thousand students receiving any educational services from	24524
the district other than adult education. A speech-language	24525
pathologist employed on a full-time equivalent basis shall provide	24526
services to no more than fifty-five school-age handicapped	24527
children at any one time. Each district shall provide school	24528
psychological services at a ratio of one school psychologist per	24529
two thousand five hundred students receiving any educational	24530
services from the district other than adult education. A district	24531
may obtain the services of speech-language pathologists and school	24532
psychologists by any means permitted by law, including contracting	24533
with an educational service center. If, however, a district is	24534
unable to obtain the services of the required number of	24535
speech-language pathologists or school psychologists, the district	24536
may request from the superintendent of public instruction, and the	24537
superintendent may grant, a waiver of this provision for a period	24538
of time established by the superintendent.	24539

Sec. 3317.16. (A) As used in this section:

24540

(1) "State share percentage" means the percentage calculated	24541
for a joint vocational school district as follows:	24542

(a) Calculate the state base cost funding amount for the	24543
district under division (B) of this section. If the district would	24544
not receive any base cost funding for that year under that	24545
division, the district's state share percentage is zero.	24546

(b) If the district would receive base cost funding under	24547
that division, divide that base cost amount by an amount equal to	24548
the following:	24549

cost-of-doing-business factor X

24550

the formula amount X

24551

~~the greater of formula ADM or~~

24552

~~three-year average~~ formula ADM

24553

The resultant number is the district's state share	24554
percentage.	24555

(2) The "total special education weight" for a joint	24556
vocational school district shall be calculated in the same manner	24557
as prescribed in division (B)(1) of section 3317.022 of the	24558
Revised Code.	24559

(3) The "total vocational education weight" for a joint	24560
vocational school district shall be calculated in the same manner	24561
as prescribed in division (B)(4) of section 3317.022 of the	24562
Revised Code.	24563

(4) The "total recognized valuation" of a joint vocational	24564
school district shall be determined by adding the recognized	24565
valuations of all its constituent school districts for the	24566
applicable fiscal year.	24567

(5) "Resident district" means the city, local, or exempted	24568
village school district in which a student is entitled to attend	24569
school under section 3313.64 or 3313.65 of the Revised Code.	24570

(6) "Community school" means a community school established	24571
under Chapter 3314. of the Revised Code.	24572

(B) The department of education shall compute and distribute	24573
state base cost funding to each joint vocational school district	24574
for the fiscal year in accordance with the following formula:	24575

(cost-of-doing-business factor X

24576

formula amount X ~~the greater of formula~~

24577

~~ADM or three-year average~~ formula ADM) -

24578

(.0005 X total recognized valuation)

24579

If the difference obtained under this division is a negative	24580
number, the district's computation shall be zero.	24581

(C)(1) The department shall compute and distribute state	24582
vocational education additional weighted costs funds to each joint	24583
vocational school district in accordance with the following	24584
formula:	24585

state share percentage X formula amount X

24586

total vocational education weight

24587

In each fiscal year, a joint vocational school district	24588
receiving funds under division (C)(1) of this section shall spend	24589
those funds only for the purposes the department designates as	24590
approved for vocational education expenses. Vocational educational	24591
expenses approved by the department shall include only expenses	24592
connected to the delivery of career-technical programming to	24593
career-technical students. The department shall require the joint	24594
vocational school district to report data annually so that the	24595
department may monitor the district's compliance with the	24596
requirements regarding the manner in which funding received under	24597
division (C)(1) of this section may be spent.	24598

(2) The department shall compute for each joint vocational	24599
school district state funds for vocational education associated	24600
services costs in accordance with the following formula:	24601

state share percentage X .05 X

24602

the formula amount X the sum of

24603

categories one and two vocational

24604

education ADM

24605

In any fiscal year, a joint vocational school district	24606
receiving funds under division (C)(2) of this section, or through	24607
a transfer of funds pursuant to division (L) of section 3317.023	24608
of the Revised Code, shall spend those funds only for the purposes	24609
that the department designates as approved for vocational	24610
education associated services expenses, which may include such	24611
purposes as apprenticeship coordinators, coordinators for other	24612
vocational education services, vocational evaluation, and other	24613
purposes designated by the department. The department may deny	24614
payment under division (C)(2) of this section to any district that	24615
the department determines is not operating those services or is	24616
using funds paid under division (C)(2) of this section, or through	24617
a transfer of funds pursuant to division (L) of section 3317.023	24618
of the Revised Code, for other purposes.	24619

(D)(1) The department shall compute and distribute state	24620
special education and related services additional weighted costs	24621
funds to each joint vocational school district in accordance with	24622
the following formula:	24623

state share percentage X formula amount X	24624

total special education weight

24625

(2)(a) As used in this division, the "personnel allowance"	24626
means thirty thousand dollars in fiscal years 2002 ~~and~~, 2003,	24627
2004, and 2005.	24628

(b) For the provision of speech services to students,	24629
including students who do not have individualized education	24630
programs prepared for them under Chapter 3323. of the Revised	24631
Code, and for no other purpose, the department shall pay each	24632
joint vocational school district an amount calculated under the	24633
following formula:	24634

(formula ADM divided by 2000) X the personnel

24635

allowance X state share percentage

24636

(3) In any fiscal year, a joint vocational school district	24637
shall spend for purposes that the department designates as	24638
approved for special education and related services expenses at	24639
least the amount calculated as follows:	24640

(cost-of-doing-business factor X formula amount

24641

X the sum of categories one through

24642

six special education ADM) +

24643

(total special education weight X

24644

formula amount)

24645

The purposes approved by the department for special education	24646
expenses shall include, but shall not be limited to, compliance	24647
with state rules governing the education of handicapped children,	24648
providing services identified in a student's individualized	24649
education program as defined in section 3323.01 of the Revised	24650
Code, and the portion of the district's overall administrative and	24651
overhead costs that are attributable to the district's special	24652
education student population.	24653

The department shall require joint vocational school	24654
districts to report data annually to allow for monitoring	24655
compliance with division (D)(3) of this section. The department	24656
shall annually report to the governor and the general assembly the	24657
amount of money spent by each joint vocational school district for	24658
special education and related services.	24659

(E)~~(2)~~(1) If a joint vocational school district's costs for a	24660
fiscal year for a student in its categories ~~one~~two through six	24661
special education ADM exceed the threshold catastrophic cost for	24662
serving the student, as specified in division (C)(3)(b) of section	24663
3317.022 of the Revised Code, the district may submit to the	24664
superintendent of public instruction documentation, as prescribed	24665
by the superintendent, of all of its costs for that student. Upon	24666
submission of documentation for a student of the type and in the	24667
manner prescribed, the department shall pay to the district an	24668
amount equal to the sum of the following:	24669

(a) One-half of the district's costs for the student in	24670
excess of the threshold catastrophic cost;	24671

(b) The product of one-half of the district's costs for the	24672
student in excess of the threshold catastrophic cost multiplied by	24673
the district's state share percentage.	24674

(2) The district shall only report under division (E)(1) of	24675
this section, and the department shall only pay for, the costs of	24676
educational expenses and the related services provided to the	24677
student in accordance with the student's individualized education	24678
program. Any legal fees, court costs, or other costs associated	24679
with any cause of action relating to the student may not be	24680
included in the amount.	24681

(F) Each fiscal year, the department shall pay each joint	24682
vocational school district an amount for adult technical and	24683
vocational education and specialized consultants.	24684

(G)(1) A joint vocational school district's local share of	24685
special education and related services additional weighted costs	24686
equals:	24687

(1 - state share percentage) X	24688

Total special education weight X

24689

the formula amount

24690

(2) For each handicapped student receiving special education	24691
and related services under an individualized education program, as	24692
defined in section 3323.01 of the Revised Code, at a joint	24693
vocational district, the resident district or, if the student is	24694
enrolled in a community school, the community school shall be	24695
responsible for the amount of any costs of providing those special	24696
education and related services to that student that exceed the sum	24697
of the amount calculated for those services attributable to that	24698
student under divisions (B), (D), (E), and (G)(1) of this section.	24699

Those excess costs shall be calculated by subtracting the sum	24700
of the following from the actual cost to provide special education	24701
and related services to the student:	24702

(a) The product of the formula amount times the	24703
cost-of-doing-business factor;	24704

(b) The product of the formula amount times the applicable	24705
multiple specified in section 3317.013 of the Revised Code;	24706

(c) Any funds paid under division (E) of this section for the	24707
student;	24708

(d) Any other funds received by the joint vocational school	24709
district under this chapter to provide special education and	24710
related services to the student, not including the amount	24711
calculated under division (G)(2) of this section.	24712

(3) The board of education of the joint vocational school	24713
district shall report the excess costs calculated under division	24714
(G)(2) of this section to the department of education.	24715

(4) The department shall pay the amount of excess cost	24716
calculated under division (G)(2) of this section to the joint	24717
vocational school district and shall deduct that amount as	24718
provided in division (G)(4)(a) or (b) of this section, as	24719
applicable:	24720

(a) If the student is not enrolled in a community school, the	24721
department shall deduct the amount from the account of the	24722
student's resident district pursuant to division (M) of section	24723
3317.023 of the Revised Code.	24724

(b) If the student is enrolled in a community school, the	24725
department shall deduct the amount from the account of the	24726
community school pursuant to section 3314.083 of the Revised Code.	24727

(H) In any fiscal year, if the total of all payments made to	24728
a joint vocational school district under divisions (B) to (D) of	24729
this section and division (R) of section 3317.024 of the Revised	24730
Code is less than the amount that district received in fiscal year	24731
1999 under the version of this section in effect that year, plus	24732
the amount that district received under the version of section	24733
3317.162 of the Revised Code in effect that year and minus the	24734
amounts received that year for driver education and adult	24735
education, the department shall pay the district an additional	24736
amount equal to the difference between those two amounts.	24737

Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the	24738
Revised Code:	24739

(A) "Ohio school facilities commission" means the commission	24740
created pursuant to section 3318.30 of the Revised Code.	24741

(B) "Classroom facilities" means rooms in which pupils	24742
regularly assemble in public school buildings to receive	24743
instruction and education and such facilities and building	24744
improvements for the operation and use of such rooms as may be	24745
needed in order to provide a complete educational program, and may	24746
include space within which a child day-care facility or a	24747
community resource center is housed. "Classroom facilities"	24748
includes any space necessary for the operation of a vocational	24749
education program for secondary students in any school district	24750
that operates such a program.	24751

(C) "Project" means a project to construct or acquire	24752
classroom facilities, or to reconstruct or make additions to	24753
existing classroom facilities, to be used for housing the	24754
applicable school district and its functions.	24755

(D) "School district" means a local, exempted village, or	24756
city school district as such districts are defined in Chapter	24757
3311. of the Revised Code, acting as an agency of state	24758
government, performing essential governmental functions of state	24759
government pursuant to sections 3318.01 and 3318.20 of the Revised	24760
Code.	24761

For purposes of assistance provided under sections 3318.40 to	24762
3318.45 of the Revised Code, the term "school district" as used in	24763
this section and in divisions (A), (C), and (D) of section 3318.03	24764
and in sections 3318.031, ~~3318.033,~~ 3318.042, 3318.07, 3318.08,	24765
3318.083, 3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12,	24766
3318.13, 3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the	24767
Revised Code means a joint vocational school district established	24768
pursuant to section 3311.18 of the Revised Code.	24769

(E) "School district board" means the board of education of a	24770
school district.	24771

(F) "Net bonded indebtedness" means the difference between	24772
the sum of the par value of all outstanding and unpaid bonds and	24773
notes which a school district board is obligated to pay, any	24774
amounts the school district is obligated to pay under	24775
lease-purchase agreements entered into under section 3313.375 of	24776
the Revised Code, and the par value of bonds authorized by the	24777
electors but not yet issued, the proceeds of which can lawfully be	24778
used for the project, and the amount held in the sinking fund and	24779
other indebtedness retirement funds for their redemption. Notes	24780
issued for school buses in accordance with section 3327.08 of the	24781
Revised Code, notes issued in anticipation of the collection of	24782
current revenues, and bonds issued to pay final judgments shall	24783
not be considered in calculating the net bonded indebtedness.	24784

"Net bonded indebtedness" does not include indebtedness	24785
arising from the acquisition of land to provide a site for	24786
classroom facilities constructed, acquired, or added to pursuant	24787
to sections 3318.01 to 3318.20 of the Revised Code.	24788

(G) "Board of elections" means the board of elections of the	24789
county containing the most populous portion of the school	24790
district.	24791

(H) "County auditor" means the auditor of the county in which	24792
the greatest value of taxable property of such school district is	24793
located.	24794

(I) "Tax duplicates" means the general tax lists and	24795
duplicates prescribed by sections 319.28 and 319.29 of the Revised	24796
Code.	24797

(J) "Required level of indebtedness" means:

24798

(1) In the case of districts in the first percentile, five	24799
per cent of the district's valuation for the year preceding the	24800
year in which the controlling board approved the project under	24801
section 3318.04 of the Revised Code.	24802

(2) In the case of districts ranked in a subsequent	24803
percentile, five per cent of the district's valuation for the year	24804
preceding the year in which the controlling board approved the	24805
project under section 3318.04 of the Revised Code, plus [two	24806
one-hundredths of one per cent multiplied by (the percentile in	24807
which the district ranks for the fiscal year preceding the fiscal	24808
year in which the controlling board approved the district's	24809
project minus one)].	24810

(K) "Required percentage of the basic project costs" means	24811
one per cent of the basic project costs times the percentile in	24812
which the district ranks for the fiscal year preceding the fiscal	24813
year in which the controlling board approved the district's	24814
project.	24815

(L) "Basic project cost" means a cost amount determined in	24816
accordance with rules adopted under section 111.15 of the Revised	24817
Code by the Ohio school facilities commission. The basic project	24818
cost calculation shall take into consideration the square footage	24819
and cost per square foot necessary for the grade levels to be	24820
housed in the classroom facilities, the variation across the state	24821
in construction and related costs, the cost of the installation of	24822
site utilities and site preparation, the cost of demolition of all	24823
or part of any existing classroom facilities that are abandoned	24824
under the project, the cost of insuring the project until it is	24825
completed, any contingency reserve amount prescribed by the	24826
commission under section 3318.086 of the Revised Code, and the	24827
professional planning, administration, and design fees that a	24828
district may have to pay to undertake a classroom facilities	24829
project.	24830

For a joint vocational school district that receives	24831
assistance under sections 3318.40 to 3318.45 of the Revised Code,	24832
the basic project cost calculation for a project under those	24833
sections shall also take into account the types of laboratory	24834
spaces and program square footages needed for the vocational	24835
education programs for high school students offered by the school	24836
district.	24837

~~"Basic project cost" also includes the value of classroom~~	24838
~~facilities authorized in a pre-existing bond issue as described in~~	24839
~~section 3318.033 of the Revised Code.~~	24840

(M)(1) Except for a joint vocational school district that	24841
receives assistance under sections 3318.40 to 3318.45 of the	24842
Revised Code, a "school district's portion of the basic project	24843
cost" means the amount determined under section 3318.032 of the	24844
Revised Code.	24845

(2) For a joint vocational school district that receives	24846
assistance under sections 3318.40 to 3318.45 of the Revised Code,	24847
a "school district's portion of the basic project cost" means the	24848
amount determined under division (C) of section 3318.42 of the	24849
Revised Code.	24850

(N) "Child day-care facility" means space within a classroom	24851
facility in which the needs of infants, toddlers, preschool	24852
children, and school children are provided for by persons other	24853
than the parent or guardian of such children for any part of the	24854
day, including persons not employed by the school district	24855
operating such classroom facility.	24856

(O) "Community resource center" means space within a	24857
classroom facility in which comprehensive services that support	24858
the needs of families and children are provided by community-based	24859
social service providers.	24860

(P) "Valuation" means the total value of all property in the	24861
district as listed and assessed for taxation on the tax	24862
duplicates.	24863

(Q) "Percentile" means the percentile in which the district	24864
is ranked pursuant to division (D) of section 3318.011 of the	24865
Revised Code.	24866

(R) "Installation of site utilities" means the installation	24867
of a site domestic water system, site fire protection system, site	24868
gas distribution system, site sanitary system, site storm drainage	24869
system, and site telephone and data system.	24870

(S) "Site preparation" means the earthwork necessary for	24871
preparation of the building foundation system, the paved	24872
pedestrian and vehicular circulation system, playgrounds on the	24873
project site, and lawn and planting on the project site.	24874

Sec. 3318.024. In the first year of a capital biennium, any	24875
funds appropriated to the Ohio school facilities commission for	24876
classroom facilities projects under this chapter in the previous	24877
capital biennium that were not spent or encumbered, or for which	24878
an encumbrance has been canceled under section 3318.05 of the	24879
Revised Code, shall be used by the commission only for projects	24880
under sections 3318.01 to 3318.20 of the Revised Code, subject to	24881
appropriation by the general assembly.	24882

In the second year of a capital biennium, any funds	24883
appropriated to the Ohio school facilities commission for	24884
classroom facilities projects under this chapter that were not	24885
spent or encumbered in the first year of the biennium and which	24886
are in excess of an amount equal to half of the appropriations for	24887
the capital biennium, or for which an encumbrance has been	24888
canceled under section 3318.05 of the Revised Code, shall be used	24889
by the commission only for projects under sections 3318.01 to	24890
3318.20 of the Revised Code, subject to appropriation by the	24891
general assembly.	24892

Sec. 3318.03. (A) Before conducting an on-site evaluation of	24893
a school district under section 3318.02 of the Revised Code, at	24894
the request of the district board of education, the Ohio school	24895
facilities commission shall examine any classroom facilities needs	24896
assessment that has been conducted by the district and any master	24897
plan developed for meeting the facility needs of the district.	24898

(B) Upon conducting the on-site evaluation under section	24899
3318.02 of the Revised Code, the Ohio school facilities commission	24900
shall make a determination of all of the following:	24901

(1) The needs of the school district for additional classroom	24902
facilities;	24903

(2) The number of classroom facilities to be included in a	24904
project~~, including classroom facilities authorized by a bond issue~~	24905
~~described in section 3318.033 of the Revised Code,~~ and the basic	24906
project cost of constructing, acquiring, reconstructing, or making	24907
additions to each such facility;	24908

(3) The amount of such cost that the school district can	24909
supply from available funds, by the issuance of bonds previously	24910
authorized by the electors of the school district the proceeds of	24911
which can lawfully be used for the project~~, including bonds~~	24912
~~authorized by the district's electors as described in section~~	24913
~~3318.033 of the Revised Code,~~ and by the issuance of bonds under	24914
section 3318.05 of the Revised Code;	24915

(4) The remaining amount of such cost that shall be supplied	24916
by the state;	24917

(5) The amount of the state's portion to be encumbered in	24918
accordance with section 3318.11 of the Revised Code in the current	24919
and subsequent fiscal bienniums from funds appropriated for	24920
purposes of sections 3318.01 to 3318.20 of the Revised Code.	24921

(C) The commission shall make a determination in favor of	24922
constructing, acquiring, reconstructing, or making additions to a	24923
classroom facility only upon evidence that the proposed project	24924
conforms to sound educational practice, that it is in keeping with	24925
the orderly process of school district reorganization and	24926
consolidation, and that the actual or projected enrollment in each	24927
classroom facility proposed to be included in the project is at	24928
least three hundred fifty pupils. Exceptions shall be authorized	24929
only in those districts where topography, sparsity of population,	24930
and other factors make larger schools impracticable.	24931

If the school district board determines that an existing	24932
facility has historical value or for other good cause determines	24933
that an existing facility should be renovated in lieu of acquiring	24934
a comparable facility by new construction, the commission may	24935
approve the expenditure of project funds for the renovation of	24936
that facility up to but not exceeding one hundred per cent of the	24937
estimated cost of acquiring a comparable facility by new	24938
construction, as long as the commission determines that the	24939
facility when renovated can be operationally efficient, will be	24940
adequate for the future needs of the district, and will comply	24941
with the other provisions of this division.	24942

(D) Sections 125.81 and 153.04 of the Revised Code shall not	24943
apply to classroom facilities constructed under either sections	24944
3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised	24945
Code.	24946

Sec. 3318.042. (A) The board of education of any school	24947
district that is receiving assistance under sections 3318.01 to	24948
3318.20 of the Revised Code after May 20, 1997, or under sections	24949
3318.40 to 3318.45 of the Revised Code, and whose project is still	24950
under construction, may request that the Ohio school facilities	24951
commission examine whether the circumstances prescribed in either	24952
division (B)(1) or (2) of this section exist in the school	24953
district. If the commission so finds, the commission shall review	24954
the school district's original assessment and approved project and	24955
consider providing additional assistance to the school district to	24956
correct the prescribed conditions found to exist in the district.	24957
Additional assistance under this section shall be limited to	24958
additions to one or more buildings, remodeling of one or more	24959
buildings, or changes to the infrastructure of one or more	24960
buildings.	24961

(B) Consideration of additional assistance to a school	24962
district under this section is warranted in either of the	24963
following circumstances:	24964

(1) Additional work is needed to correct an oversight or	24965
deficiency not identified or included in the district's initial	24966
assessment.	24967

(2) Other conditions exist that, in the opinion of the	24968
commission, warrant additions or remodeling of the project	24969
facilities or changes to infrastructure associated with the	24970
district's project that were not identified in the initial	24971
assessment and plan.	24972

(C) If the commission decides in favor of providing	24973
additional assistance to any school district under this section,	24974
the school district shall be responsible for paying for its	24975
portion of the cost of the additions, remodeling, or	24976
infrastructure changes pursuant to section 3318.083 of the Revised	24977
Code. If, after making a financial evaluation of the school	24978
district, the commission determines that the school district is	24979
unable without undue hardship, according to the guidelines adopted	24980
by the commission, to fund the school district portion of the	24981
increase, then the state and the school district shall enter into	24982
an agreement whereby the state shall pay the portion of the cost	24983
increase attributable to the school district which is determined	24984
to be in excess of any local resources available to the district	24985
and the district shall thereafter reimburse the state. The	24986
commission shall establish the district's schedule for reimbursing	24987
the state, which shall not extend beyond ~~five~~ten years. The	24988
commission may lengthen the reimbursement schedule of a school	24989
district that has entered into an agreement under this section	24990
prior to the effective date of this amendment as long as the total	24991
term of that schedule does not extend beyond ten years. Debt	24992
incurred under this section shall not be included in the	24993
calculation of the net indebtedness of the school district under	24994
section 133.06 of the Revised Code.	24995

Sec. 3318.05. The conditional approval of the Ohio school	24996
facilities commission for a project shall lapse and the amount	24997
reserved and encumbered for such project shall be released unless	24998
the school district board accepts such conditional approval within	24999
one hundred twenty days following the date of certification of the	25000
conditional approval to the school district board and the electors	25001
of the school district vote favorably on both of the propositions	25002
described in divisions (A) and (B) of this section within one year	25003
of the date of such certification, except that a school district	25004
described in division (C) of this section does not need to submit	25005
the proposition described in division (B) of this section. The	25006
propositions described in divisions (A) and (B) of this section	25007
shall be combined in a single proposal. If the district board or	25008
the district's electors fail to meet such requirements and the	25009
amount reserved and encumbered for the district's project is	25010
released, the district shall be given first priority for project	25011
funding as such funds become available.	25012

(A) On the question of issuing bonds of the school district	25013
board, for the school district's portion of the basic project	25014
cost, in an amount equal to the school district's portion of the	25015
basic project cost ~~less any deduction made under section 3318.033~~	25016
~~of the Revised Code and~~ less the amount of the proceeds of any	25017
securities authorized or to be authorized under division (J) of	25018
section 133.06 of the Revised Code and dedicated by the school	25019
district board to payment of the district's portion of the basic	25020
project cost; and	25021

(B) On the question of levying a tax the proceeds of which	25022
shall be used to pay the cost of maintaining the classroom	25023
facilities included in the project. Such tax shall be at the rate	25024
of not less than one-half mill for each dollar of valuation for a	25025
period of twenty-three years, subject to any extension approved	25026
under section 3318.061 of the Revised Code.	25027

(C) If a school district has in place a tax levied under	25028
section 5705.21 of the Revised Code for general ongoing permanent	25029
improvements ~~of at least two mills for each dollar of valuation~~	25030
and the proceeds of such tax can be used for maintenance, the	25031
school district need not levy the additional tax required under	25032
division (B) of this section, provided the school district board	25033
includes in the agreement entered into under section 3318.08 of	25034
the Revised Code provisions earmarking an amount from the proceeds	25035
of that permanent improvement tax for maintenance of classroom	25036
facilities equivalent to the amount of the additional tax and for	25037
the equivalent number of years otherwise required under this	25038
section.	25039

(D) Proceeds of the tax to be used for maintenance of the	25040
classroom facilities under either division (B) or (C) of this	25041
section shall be deposited into a separate fund established by the	25042
school district for such purpose.	25043

Sec. 3318.052. At any time after the electors of a school	25044
district have approved either or both a property tax levied under	25045
section 5705.21 or 5705.218 of the Revised Code for the purpose of	25046
general ongoing permanent improvements or a school district income	25047
tax levied under Chapter 5748. of the Revised Code, the proceeds	25048
of which, pursuant to the ballot measures approved by the	25049
electors, are not so restricted that they cannot be used to pay	25050
the costs of a project or maintaining classroom facilities, the	25051
school district board may:	25052

(A) Within one year following the date of the certification	25053
of the conditional approval of the school district's classroom	25054
facilities project by the Ohio school facilities commission, enter	25055
into a written agreement with the commission, which may be part of	25056
an agreement entered into under section 3318.08 of the Revised	25057
Code, and in which the school district board covenants and agrees	25058
to do one or both of the following:	25059

(1) Apply a specified amount of available proceeds of that	25060
property tax levy, of that school district income tax, or of	25061
securities issued under this section, or of proceeds from any two	25062
or more of those sources, to pay all or part of the district's	25063
portion of the basic project cost of its classroom facilities	25064
project;	25065

(2) Apply available proceeds of either or both a property tax	25066
levied under section 5705.21 or 5705.218 of the Revised Code in	25067
effect for a continuing period of time, or of a school district	25068
income tax levied under Chapter 5748. of the Revised Code in	25069
effect for a continuing period of time to the payment of costs of	25070
maintaining the classroom facilities.	25071

(B) Receive, as a credit against the amount of bonds required	25072
under sections 3318.05 and 3318.06 of the Revised Code, to be	25073
approved by the electors of the district and issued by the	25074
district board for the district's portion of the basic project	25075
cost of its classroom facilities project in order for the district	25076
to receive state assistance for the project, an amount equal to	25077
the specified amount that the district board covenants and agrees	25078
with the commission to apply as set forth in division (A)(1) of	25079
this section;	25080

(C) Receive, as a credit against the amount of the tax levy	25081
required under sections 3318.05 and 3318.06 of the Revised Code,	25082
to be approved by the electors of the district to pay the costs of	25083
maintaining the classroom facilities in order to receive state	25084
assistance for the classroom facilities project, an amount	25085
equivalent to the specified amount of proceeds the school district	25086
board covenants and agrees with the commission to apply as	25087
referred to in division (A)(2) of this section;	25088

(D) Apply proceeds of either or both a school district income	25089
tax levied under Chapter 5748. of the Revised Code that may	25090
lawfully be used to pay the costs of a classroom facilities	25091
project or of a tax levied under section 5705.21 or 5705.218 of	25092
the Revised Code to the payment of debt charges on and financing	25093
costs related to securities issued under this section;	25094

(E) Issue securities to provide moneys to pay all or part of	25095
the district's portion of the basic project cost of its classroom	25096
facilities project in accordance with an agreement entered into	25097
under division (A) of this section. Securities issued under this	25098
section shall be Chapter 133. securities and may be issued as	25099
general obligation securities or issued in anticipation of a	25100
school district income tax or as property tax anticipation notes	25101
under section 133.24 of the Revised Code. The district board's	25102
resolution authorizing the issuance and sale of general obligation	25103
securities under this section shall conform to the applicable	25104
requirements of section 133.22 or 133.23 of the Revised Code.	25105
Securities issued under this section shall have principal payments	25106
during each year after the year of issuance over a period of not	25107
more than twenty-three years and, if so determined by the district	25108
board, during the year of issuance. Securities issued under this	25109
section shall not be included in the calculation of net	25110
indebtedness of the district under section 133.06 of the Revised	25111
Code, if the resolution of the district board authorizing their	25112
issuance and sale includes covenants to appropriate annually from	25113
lawfully available proceeds of a property tax levied under section	25114
5705.21 or 5705.218 of the Revised Code and no school district	25115
income tax levied under Chapter 5748. of the Revised Code and to	25116
continue to levy and collect the tax in amounts necessary to pay	25117
the debt charges on and financing costs related to the securities	25118
as they become due. No property tax levied under section 5705.21	25119
or 5705.218 of the Revised Code or of a school district income tax	25120
levied under Chapter 5748. of the Revised Code that is pledged, or	25121
that the school district board has covenanted to levy, collect,	25122
and appropriate annually, to pay the debt charges on and financing	25123
costs related to securities issued under this section shall be	25124
repealed while those securities are outstanding. If such a tax is	25125
reduced by the electors of the district or by the district board	25126
while those securities are outstanding, the school district board	25127
shall continue to levy and collect the tax under the authority of	25128
the original election authorizing the tax at a rate in each year	25129
that the board reasonably estimates will produce an amount in that	25130
year equal to the debt charges on the securities in that year.	25131

No state moneys shall be released for a project to which this	25132
section applies until the proceeds of the tax securities issued	25133
under this section that are dedicated for the payment of the	25134
district portion of the basic project cost of its classroom	25135
facilities project are first deposited into the district's project	25136
construction fund.	25137

Sec. 3318.06. (A) After receipt of the conditional approval	25138
of the Ohio school facilities commission, the school district	25139
board by a majority of all of its members shall, if it desires to	25140
proceed with the project, declare all of the following by	25141
resolution:	25142

(1) That by issuing bonds in an amount equal to the school	25143
district's portion of the basic project cost~~, including bonds~~	25144
~~previously authorized by the district's electors as described in~~	25145
~~section 3318.033 of the Revised Code,~~ the district is unable to	25146
provide adequate classroom facilities without assistance from the	25147
state;	25148

(2) Unless the school district board has resolved to apply	25149
the proceeds of a property tax or the proceeds of an income tax,	25150
or a combination of proceeds from such taxes, as authorized under	25151
section 3318.052 of the Revised Code, that to qualify for such	25152
state assistance it is necessary to do either of the following:	25153

(a) Levy a tax outside the ten-mill limitation the proceeds	25154
of which shall be used to pay the cost of maintaining the	25155
classroom facilities included in the project;	25156

(b) Earmark for maintenance of classroom facilities from the	25157
proceeds of an existing permanent improvement tax levied under	25158
section 5705.21 of the Revised Code, if such tax ~~is of at least~~	25159
~~two mills for each dollar of valuation and~~ can be used for	25160
maintenance, an amount equivalent to the amount of the additional	25161
tax otherwise required under this section and sections 3318.05 and	25162
3318.08 of the Revised Code.	25163

(3) That the question of any tax levy specified in a	25164
resolution described in division (A)(2)(a) of this section, if	25165
required, shall be submitted to the electors of the school	25166
district at the next general or primary election, if there be a	25167
general or primary election not less than seventy-five and not	25168
more than ninety-five days after the day of the adoption of such	25169
resolution or, if not, at a special election to be held at a time	25170
specified in the resolution which shall be not less than	25171
seventy-five days after the day of the adoption of the resolution	25172
and which shall be in accordance with the requirements of section	25173
3501.01 of the Revised Code.	25174

Such resolution shall also state that the question of issuing	25175
bonds of the board shall be combined in a single proposal with the	25176
question of such tax levy. More than one election under this	25177
section may be held in any one calendar year. Such resolution	25178
shall specify both of the following:	25179

(a) That the rate which it is necessary to levy shall be at	25180
the rate of not less than one-half mill for each one dollar of	25181
valuation, and that such tax shall be levied for a period of	25182
twenty-three years;	25183

(b) That the proceeds of the tax shall be used to pay the	25184
cost of maintaining the classroom facilities included in the	25185
project.	25186

(B) A copy of a resolution adopted under division (A) of this	25187
section shall after its passage and not less than seventy-five	25188
days prior to the date set therein for the election be certified	25189
to the county board of elections.	25190

The resolution of the school district board, in addition to	25191
meeting other applicable requirements of section 133.18 of the	25192
Revised Code, shall state that the amount of bonds to be issued	25193
will be an amount equal to the school district's portion of the	25194
basic project cost, and state the maximum maturity of the bonds	25195
which may be any number of years not exceeding the term calculated	25196
under section 133.20 of the Revised Code as determined by the	25197
board. In estimating the amount of bonds to be issued, the board	25198
shall take into consideration the amount of moneys then in the	25199
bond retirement fund and the amount of moneys to be collected for	25200
and disbursed from the bond retirement fund during the remainder	25201
of the year in which the resolution of necessity is adopted.	25202

If the bonds are to be issued in more than one series, the	25203
resolution may state, in addition to the information required to	25204
be stated under division (B)(3) of section 133.18 of the Revised	25205
Code, the number of series, which shall not exceed five, the	25206
principal amount of each series, and the approximate date each	25207
series will be issued, and may provide that no series, or any	25208
portion thereof, may be issued before such date. Upon such a	25209
resolution being certified to the county auditor as required by	25210
division (C) of section 133.18 of the Revised Code, the county	25211
auditor, in calculating, advising, and confirming the estimated	25212
average annual property tax levy under that division, shall also	25213
calculate, advise, and confirm by certification the estimated	25214
average property tax levy for each series of bonds to be issued.	25215

Notice of the election shall include the fact that the tax	25216
levy shall be at the rate of not less than one-half mill for each	25217
one dollar of valuation for a period of twenty-three years, and	25218
that the proceeds of the tax shall be used to pay the cost of	25219
maintaining the classroom facilities included in the project.	25220

If the bonds are to be issued in more than one series, the	25221
board of education, when filing copies of the resolution with the	25222
board of elections as required by division (D) of section 133.18	25223
of the Revised Code, may direct the board of elections to include	25224
in the notice of election the principal amount and approximate	25225
date of each series, the maximum number of years over which the	25226
principal of each series may be paid, the estimated additional	25227
average property tax levy for each series, and the first calendar	25228
year in which the tax is expected to be due for each series, in	25229
addition to the information required to be stated in the notice	25230
under division (E)(3)(a) to (e) of section 133.18 of the Revised	25231
Code.	25232

(C)(1) Except as otherwise provided in division (C)(2) of	25233
this section, the form of the ballot to be used at such election	25234
shall be:	25235

"A majority affirmative vote is necessary for passage.

25236

Shall bonds be issued by the ............ (here insert name	25237
of school district) school district to pay the local share of	25238
school construction under the State of Ohio Classroom Facilities	25239
Assistance Program in the principal amount of ............ (here	25240
insert principal amount of the bond issue), to be repaid annually	25241
over a maximum period of ............ (here insert the maximum	25242
number of years over which the principal of the bonds may be paid)	25243
years, and an annual levy of property taxes be made outside the	25244
ten-mill limitation, estimated by the county auditor to average	25245
over the repayment period of the bond issue ............ (here	25246
insert the number of mills estimated) mills for each one dollar of	25247
tax valuation, which amounts to ............ (rate expressed in	25248
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	25249
for each one hundred dollars of tax valuation to pay the annual	25250
debt charges on the bonds and to pay debt charges on any notes	25251
issued in anticipation of the bonds?"	25252

and, unless the additional levy

25253

of taxes is not required pursuant

25254

to division (C) of section

25255

3318.05 of the Revised Code,

25256

"Shall an additional levy of taxes be made for a period of	25257
twenty-three years to benefit the ............ (here insert name	25258
of school district) school district, the proceeds of which shall	25259
be used to pay the cost of maintaining the classroom facilities	25260
included in the project at the rate of .......... (here insert the	25261
number of mills, which shall not be less than one-half mill) mills	25262
for each one dollar of valuation?	25263

25264

		FOR THE BOND ISSUE AND TAX LEVY			25265
		AGAINST THE BOND ISSUE AND TAX LEVY	"		25266

25267

(2) If authority is sought to issue bonds in more than one	25268
series and the board of education so elects, the form of the	25269
ballot shall be as prescribed in section 3318.062 of the Revised	25270
Code. If the board of education elects the form of the ballot	25271
prescribed in that section, it shall so state in the resolution	25272
adopted under this section.	25273

(D) If it is necessary for the school district to acquire a	25274
site for the classroom facilities to be acquired pursuant to	25275
sections 3318.01 to 3318.20 of the Revised Code, the district	25276
board may propose either to issue bonds of the board or to levy a	25277
tax to pay for the acquisition of such site, and may combine the	25278
question of doing so with the questions specified in division (B)	25279
of this section. Bonds issued under this division for the purpose	25280
of acquiring a site are a general obligation of the school	25281
district and are Chapter 133. securities.	25282

The form of that portion of the ballot to include the	25283
question of either issuing bonds or levying a tax for site	25284
acquisition purposes shall be one of the following:	25285

(1) "Shall bonds be issued by the ............ (here insert	25286
name of the school district) school district to pay costs of	25287
acquiring a site for classroom facilities under the State of Ohio	25288
Classroom Facilities Assistance Program in the principal amount of	25289
.......... (here insert principal amount of the bond issue), to be	25290
repaid annually over a maximum period of .......... (here insert	25291
maximum number of years over which the principal of the bonds may	25292
be paid) years, and an annual levy of property taxes be made	25293
outside the ten-mill limitation, estimated by the county auditor	25294
to average over the repayment period of the bond issue ..........	25295
(here insert number of mills) mills for each one dollar of tax	25296
valuation, which amount to .......... (here insert rate expressed	25297
in cents or dollars and cents, such as "thirty-six cents" or	25298
"$0.36") for each one hundred dollars of valuation to pay the	25299
annual debt charges on the bonds and to pay debt charges on any	25300
notes issued in anticipation of the bonds?"	25301

(2) "Shall an additional levy of taxes outside the ten-mill	25302
limitation be made for the benefit of the .......... (here insert	25303
name of the school district) ~~..........~~ school district for the	25304
purpose of acquiring a site for classroom facilities in the sum of	25305
......... (here insert annual amount the levy is to produce)	25306
estimated by the county auditor to average ........ (here insert	25307
number of mills) mills for each one hundred dollars of valuation,	25308
for a period of ......... (here insert number of years the millage	25309
is to be imposed) years?"	25310

Where it is necessary to combine the question of issuing	25311
bonds of the school district and levying a tax as described in	25312
division (B) of this section with the question of issuing bonds of	25313
the school district for acquisition of a site, the question	25314
specified in that division to be voted on shall be "For the Bond	25315
Issues and the Tax Levy" and "Against the Bond Issues and the Tax	25316
Levy."	25317

Where it is necessary to combine the question of issuing	25318
bonds of the school district and levying a tax as described in	25319
division (B) of this section with the question of levying a tax	25320
for the acquisition of a site, the question specified in that	25321
division to be voted on shall be "For the Bond Issue and the Tax	25322
Levies" and "Against the Bond Issue and the Tax Levies."	25323

Where the school district board chooses to combine the	25324
question in division (B) of this section with any of the	25325
additional questions described in divisions (A) to (D) of section	25326
3318.056 of the Revised Code, the question specified in division	25327
(B) of this section to be voted on shall be "For the Bond Issues	25328
and the Tax Levies" and "Against the Bond Issues and the Tax	25329
Levies."	25330

If a majority of those voting upon a proposition hereunder	25331
which includes the question of issuing bonds vote in favor	25332
thereof, and if the agreement provided for by section 3318.08 of	25333
the Revised Code has been entered into, the school district board	25334
may proceed under Chapter 133. of the Revised Code, with the	25335
issuance of bonds or bond anticipation notes in accordance with	25336
the terms of the agreement.	25337

Sec. 3318.08. Except in the case of a joint vocational	25338
school district that receives assistance under sections 3318.40 to	25339
3318.45 of the Revised Code, if the requisite favorable vote on	25340
the election is obtained, or if the school district board has	25341
resolved to apply the proceeds of a property tax levy or the	25342
proceeds of an income tax, or a combination of proceeds from such	25343
taxes, as authorized in section 3318.052 of the Revised Code, the	25344
Ohio school facilities commission, upon certification to it of	25345
either the results of the election or the resolution under section	25346
3318.052 of the Revised Code, shall enter into a written agreement	25347
with the school district board for the construction and sale of	25348
the project. In the case of a joint vocational school district	25349
that receives assistance under sections 3318.40 to 3318.45 of the	25350
Revised Code, if the school district board of education and the	25351
school district electors have satisfied the conditions prescribed	25352
in division (D)(1) of section 3318.41 of the Revised Code, the	25353
commission shall enter into an agreement with the school district	25354
board for the construction and sale of the project. In either	25355
case, the agreement shall include, but need not be limited to, the	25356
following provisions:	25357

(A) The sale and issuance of bonds or notes in anticipation	25358
thereof, as soon as practicable after the execution of the	25359
agreement, in an amount equal to the school district's portion of	25360
the basic project cost, including ~~any bonds previously authorized~~	25361
~~by the district's electors as described in section 3318.033 of the~~	25362
~~Revised Code and~~ any securities authorized under division (J) of	25363
section 133.06 of the Revised Code and dedicated by the school	25364
district board to payment of the district's portion of the basic	25365
project cost of the project; provided, that if at that time the	25366
county treasurer of each county in which the school district is	25367
located has not commenced the collection of taxes on the general	25368
duplicate of real and public utility property for the year in	25369
which the controlling board approved the project, the school	25370
district board shall authorize the issuance of a first installment	25371
of bond anticipation notes in an amount specified by the	25372
agreement, which amount shall not exceed an amount necessary to	25373
raise the net bonded indebtedness of the school district as of the	25374
date of the controlling board's approval to within five thousand	25375
dollars of the required level of indebtedness for the preceding	25376
year. In the event that a first installment of bond anticipation	25377
notes is issued, the school district board shall, as soon as	25378
practicable after the county treasurer of each county in which the	25379
school district is located has commenced the collection of taxes	25380
on the general duplicate of real and public utility property for	25381
the year in which the controlling board approved the project,	25382
authorize the issuance of a second and final installment of bond	25383
anticipation notes or a first and final issue of bonds.	25384

The combined value of the first and second installment of	25385
bond anticipation notes or the value of the first and final issue	25386
of bonds shall be equal to the school district's portion of the	25387
basic project cost. The proceeds of any such bonds shall be used	25388
first to retire any bond anticipation notes. Otherwise, the	25389
proceeds of such bonds and of any bond anticipation notes, except	25390
the premium and accrued interest thereon, shall be deposited in	25391
the school district's project construction fund. In determining	25392
the amount of net bonded indebtedness for the purpose of fixing	25393
the amount of an issue of either bonds or bond anticipation notes,	25394
gross indebtedness shall be reduced by moneys in the bond	25395
retirement fund only to the extent of the moneys therein on the	25396
first day of the year preceding the year in which the controlling	25397
board approved the project. Should there be a decrease in the tax	25398
valuation of the school district so that the amount of	25399
indebtedness that can be incurred on the tax duplicates for the	25400
year in which the controlling board approved the project is less	25401
than the amount of the first installment of bond anticipation	25402
notes, there shall be paid from the school district's project	25403
construction fund to the school district's bond retirement fund to	25404
be applied against such notes an amount sufficient to cause the	25405
net bonded indebtedness of the school district, as of the first	25406
day of the year following the year in which the controlling board	25407
approved the project, to be within five thousand dollars of the	25408
required level of indebtedness for the year in which the	25409
controlling board approved the project. The maximum amount of	25410
indebtedness to be incurred by any school district board as its	25411
share of the cost of the project is either an amount that will	25412
cause its net bonded indebtedness, as of the first day of the year	25413
following the year in which the controlling board approved the	25414
project, to be within five thousand dollars of the required level	25415
of indebtedness, or an amount equal to the required percentage of	25416
the basic project costs, whichever is greater. All bonds and bond	25417
anticipation notes shall be issued in accordance with Chapter 133.	25418
of the Revised Code, and notes may be renewed as provided in	25419
section 133.22 of the Revised Code.	25420

(B) The transfer of such funds of the school district board	25421
available for the project, together with the proceeds of the sale	25422
of the bonds or notes, except premium, accrued interest, and	25423
interest included in the amount of the issue, to the school	25424
district's project construction fund;	25425

(C) For all school districts except joint vocational school	25426
districts that receive assistance under sections 3318.40 to	25427
3318.45 of the Revised Code, the following provisions as	25428
applicable:	25429

(1) If section 3318.052 of the Revised Code applies, the	25430
earmarking of the proceeds of a tax levied under section 5705.21	25431
of the Revised Code for general ongoing permanent or under section	25432
5705.218 of the Revised Code for the purpose of permanent	25433
improvements, or the proceeds of a school district income tax	25434
levied under Chapter 5748. of the Revised Code, or the proceeds	25435
from a combination of those two taxes, in an amount to pay all or	25436
part of the service charges on bonds issued to pay the school	25437
district portion of the project and an amount equivalent to all or	25438
part of the tax required under division (B) of section 3318.05 of	25439
the Revised Code;	25440

(2) If section 3318.052 of the Revised Code does not apply,	25441
either of the following:	25442

(a) The levy of the tax authorized at the election for the	25443
payment of maintenance costs, as specified in division (B) of	25444
section 3318.05 of the Revised Code;	25445

(b) If the school district electors have approved a	25446
continuing tax ~~of at least two mills for each dollar of valuation~~	25447
for general ongoing permanent improvements under section 5705.21	25448
of the Revised Code and that tax can be used for maintenance, the	25449
earmarking of an amount of the proceeds from such tax for	25450
maintenance of classroom facilities as specified in division (B)	25451
of section 3318.05 of the Revised Code.	25452

(D) For joint vocational school districts that receive	25453
assistance under sections 3318.40 to 3318.45 of the Revised Code,	25454
provision for deposit of school district moneys dedicated to	25455
maintenance of the classroom facilities acquired under those	25456
sections as prescribed in section 3318.43 of the Revised Code;	25457

(E) Dedication of any local donated contribution as provided	25458
for under section 3318.084 of the Revised Code, including a	25459
schedule for depositing such moneys applied as an offset of the	25460
district's obligation to levy the tax described in division (B) of	25461
section 3318.05 of the Revised Code as required under division	25462
(D)(2) of section 3318.084 of the Revised Code;	25463

(F) Ownership of or interest in the project during the period	25464
of construction, which shall be divided between the commission and	25465
the school district board in proportion to their respective	25466
contributions to the school district's project construction fund;	25467

(G) Maintenance of the state's interest in the project until	25468
any obligations issued for the project under section 3318.26 of	25469
the Revised Code are no longer outstanding;	25470

(H) The insurance of the project by the school district from	25471
the time there is an insurable interest therein and so long as the	25472
state retains any ownership or interest in the project pursuant to	25473
division (F) of this section, in such amounts and against such	25474
risks as the commission shall require; provided, that the cost of	25475
any required insurance until the project is completed shall be a	25476
part of the basic project cost;	25477

(I) The certification by the director of budget and	25478
management that funds are available and have been set aside to	25479
meet the state's share of the basic project cost as approved by	25480
the controlling board pursuant to either section 3318.04 or	25481
division (B)(1) of section 3318.41 of the Revised Code;	25482

(J) Authorization of the school district board to advertise	25483
for and receive construction bids for the project, for and on	25484
behalf of the commission, and to award contracts in the name of	25485
the state subject to approval by the commission;	25486

(K) Provisions for the disbursement of moneys from the school	25487
district's project account upon issuance by the commission or the	25488
commission's designated representative of vouchers for work done	25489
to be certified to the commission by the treasurer of the school	25490
district board;	25491

(L) Disposal of any balance left in the school district's	25492
project construction fund upon completion of the project;	25493

(M) Limitations upon use of the project or any part of it so	25494
long as any obligations issued to finance the project under	25495
section 3318.26 of the Revised Code are outstanding;	25496

(N) Provision for vesting the state's interest in the project	25497
to the school district board when the obligations issued to	25498
finance the project under section 3318.26 of the Revised Code are	25499
outstanding;	25500

(O) Provision for deposit of an executed copy of the	25501
agreement in the office of the commission;	25502

(P) Provision for termination of the contract and release of	25503
the funds encumbered at the time of the conditional approval, if	25504
the proceeds of the sale of the bonds of the school district board	25505
are not paid into the school district's project construction fund	25506
and if bids for the construction of the project have not been	25507
taken within such period after the execution of the agreement as	25508
may be fixed by the commission;	25509

(Q) Provision for the school district to maintain the project	25510
in accordance with a plan approved by the commission;	25511

(R)(1) For all school districts except a district undertaking	25512
a project under section 3318.38 of the Revised Code or a joint	25513
vocational school district undertaking a project under sections	25514
3318.40 to 3318.45 of the Revised Code, provision that all state	25515
funds reserved and encumbered to pay the state share of the cost	25516
of the project pursuant to section 3318.03 of the Revised Code be	25517
spent on the construction or acquisition of the project prior to	25518
the expenditure of any funds provided by the school district to	25519
pay for its share of the project cost, unless the school district	25520
certifies to the commission that expenditure by the school	25521
district is necessary to maintain the tax-exempt status of notes	25522
or bonds issued by the school district to pay for its share of the	25523
project cost or to comply with applicable temporary investment	25524
periods or spending exceptions to rebate as provided for under	25525
federal law in regard to those notes or bonds, in which cases, the	25526
school district may commit to spend, or spend, a portion of the	25527
funds it provides;	25528

(2) For a school district undertaking a project under section	25529
3318.38 of the Revised Code or a joint vocational school district	25530
undertaking a project under sections 3318.40 to 3318.45 of the	25531
Revised Code, provision that the state funds reserved and	25532
encumbered and the funds provided by the school district to pay	25533
the basic project cost of any segment of the project, or of the	25534
entire project if it is not divided into segments, be spent on the	25535
construction and acquisition of the project simultaneously in	25536
proportion to the state's and the school district's respective	25537
shares of that basic project cost as determined under section	25538
3318.032 of the Revised Code or, if the district is a joint	25539
vocational school district, under section 3318.42 of the Revised	25540
Code.	25541

(S) A provision stipulating that the commission may prohibit	25542
the district from proceeding with any project if the commission	25543
determines that the site is not suitable for construction	25544
purposes. The commission may perform soil tests in its	25545
determination of whether a site is appropriate for construction	25546
purposes.	25547

(T) A provision stipulating that, unless otherwise authorized	25548
by the commission, any contingency reserve portion of the	25549
construction budget prescribed by the commission shall be used	25550
only to pay costs resulting from unforeseen job conditions, to	25551
comply with rulings regarding building and other codes, to pay	25552
costs related to design clarifications or corrections to contract	25553
documents, and to pay the costs of settlements or judgments	25554
related to the project as provided under section 3318.086 of the	25555
Revised Code;	25556

(U) Provision stipulating that for continued release of	25557
project funds the school district board shall comply with section	25558
3313.41 of the Revised Code throughout the project;	25559

(V) Provision that the commission shall not approve a	25560
contract for demolition of a facility until the school district	25561
board has complied with section 3313.41 of the Revised Code	25562
relative to that facility, unless demolition of that facility is	25563
to clear a site for construction of a replacement facility	25564
included in the district's project.	25565

Sec. 3318.30. (A) There is hereby created the Ohio school	25566
facilities commission. The commission shall administer the	25567
provision of financial assistance to school districts for the	25568
acquisition or construction of classroom facilities in accordance	25569
with sections 3318.01 to 3318.33 of the Revised Code.	25570

The commission is a body corporate and politic, an agency of	25571
state government and an instrumentality of the state, performing	25572
essential governmental functions of this state. The carrying out	25573
of the purposes and the exercise by the commission of its powers	25574
conferred by sections 3318.01 to 3318.33 of the Revised Code are	25575
essential public functions and public purposes of the state. The	25576
commission may, in its own name, sue and be sued, enter into	25577
contracts, and perform all the powers and duties given to it by	25578
sections 3318.01 to 3318.33 of the Revised Code, but it does not	25579
have and shall not exercise the power of eminent domain. In its	25580
discretion and as it determines appropriate, the commission may	25581
delegate to any of its members, executive director, or other	25582
employees any of the commission's powers and duties to carry out	25583
its functions.	25584

(B) The commission shall consist of seven members, three of	25585
whom are voting members. The voting members of the commission	25586
shall be the director of the office of budget and management, the	25587
director of administrative services, and the superintendent of	25588
public instruction, or their designees. Of the nonvoting members,	25589
two shall be members of the senate appointed by the president of	25590
the senate, and two shall be members of the house of	25591
representatives appointed by the speaker of the house. Each of the	25592
appointees of the president, and each of the appointees of the	25593
speaker, shall be members of different political parties.	25594

Nonvoting members shall serve as members of the commission	25595
during the legislative biennium for which they are appointed,	25596
except that any such member who ceases to be a member of the	25597
legislative house from which the member was appointed shall cease	25598
to be a member of the commission. Each nonvoting member shall be	25599
appointed within thirty-one days of the end of the term of that	25600
member's predecessor. Such members may be reappointed. Vacancies	25601
of nonvoting members shall be filled in the manner provided for	25602
original appointments.	25603

Members of the commission shall serve without compensation.

25604

After the initial nonvoting members of the commission have	25605
been appointed, the commission shall meet and organize by electing	25606
voting members as the chairperson and vice-chairperson of the	25607
commission, who shall hold their offices until the next	25608
organizational meeting of the commission. Organizational meetings	25609
of the commission shall be held at the first meeting of each	25610
calendar year. At each organizational meeting, the commission	25611
shall elect from among its voting members a chairperson and	25612
vice-chairperson, who shall serve until the next annual	25613
organizational meeting. The commission shall adopt rules pursuant	25614
to section 111.15 of the Revised Code for the conduct of its	25615
internal business and shall keep a journal of its proceedings.	25616
Including the organizational meeting, the commission shall meet at	25617
least once each calendar quarter.	25618

Two voting members of the commission constitute a quorum, and	25619
the affirmative vote of two members is necessary for approval of	25620
any action taken by the commission. A vacancy in the membership of	25621
the commission does not impair a quorum from exercising all the	25622
rights and performing all the duties of the commission. Meetings	25623
of the commission may be held anywhere in the state and shall be	25624
held in compliance with section 121.22 of the Revised Code.	25625

(C) The commission shall file an annual report of its	25626
activities and finances with the governor, speaker of the house of	25627
representatives, president of the senate, and chairpersons of the	25628
house and senate finance committees.	25629

(D) The commission shall be exempt from the requirements of	25630
sections 101.82 to 101.87 of the Revised Code.	25631

Sec. 3318.31. (A) The Ohio school facilities commission may	25632
perform any act and ensure the performance of any function	25633
necessary or appropriate to carry out the purposes of, and	25634
exercise the powers granted under, Chapter 3318. of the Revised	25635
Code, including any of the following:	25636

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	25637
the Revised Code, rules for the administration of programs	25638
authorized under Chapter 3318. of the Revised Code.	25639

(2) Contract with, retain the services of, or designate, and	25640
fix the compensation of, such agents, accountants, consultants,	25641
advisers, and other independent contractors as may be necessary or	25642
desirable to carry out the programs authorized under Chapter 3318.	25643
of the Revised Code, or authorize the executive director to	25644
perform such powers and duties.	25645

(3) Receive and accept any gifts, grants, donations, and	25646
pledges, and receipts therefrom, to be used for the programs	25647
authorized under Chapter 3318. of the Revised Code.	25648

(4) Make and enter into all contracts, commitments, and	25649
agreements, and execute all instruments, necessary or incidental	25650
to the performance of its duties and the execution of its rights	25651
and powers under Chapter 3318. of the Revised Code, or authorize	25652
the executive director to perform such powers and duties.	25653

(B) The commission shall appoint and fix the compensation of	25654
an executive director who shall serve at the pleasure of the	25655
commission. The executive director shall supervise the operations	25656
of the commission and perform such other duties as delegated by	25657
the commission. The executive director also shall employ and fix	25658
the compensation of such employees as will facilitate the	25659
activities and purposes of the commission, who shall serve at the	25660
pleasure of the executive director. The employees of the	25661
commission shall be exempt from Chapter 4117. of the Revised Code	25662
and shall not be public employees as defined in section 4117.01 of	25663
the Revised Code.	25664

(C) The attorney general shall serve as the legal	25665
representative for the commission and may appoint other counsel as	25666
necessary for that purpose in accordance with section 109.07 of	25667
the Revised Code.	25668

Sec. 3318.37. (A)(1) As used in this section:

25669

~~(1)~~(a) "Large land area school district" means a school	25670
district with a territory of greater than three hundred fifty	25671
square miles in any percentile as determined under section	25672
3318.011 of the Revised Code.	25673

(b) "Low wealth school district" means a school district in	25674
the first through fiftieth percentiles as determined under section	25675
3318.011 of the Revised Code.	25676

~~(2)~~(c) A "school district with an exceptional need for	25677
immediate classroom facilities assistance" means a low wealth or	25678
large land area school district with an exceptional need for new	25679
facilities in order to protect the health and safety of all or a	25680
portion of its students. ~~School~~	25681

(2) School districts reasonably expected to be eligible for	25682
state assistance under sections 3318.01 to 3318.20 of the Revised	25683
Code within three fiscal years after the year of the application	25684
for assistance under this section ~~is being considered by the Ohio~~	25685
~~school facilities commission,~~ and school districts that	25686
participate in the school building assistance expedited local	25687
partnership program under section 3318.36 of the Revised Code,	25688
except for such districts described in division (A)(3) of this	25689
section, shall not be eligible for assistance under this section.	25690

(3) School districts that participate in the school building	25691
assistance expedited local partnership program under section	25692
3318.36 of the Revised Code may receive assistance under the	25693
program established under this section only if the following	25694
conditions are satisfied:	25695

(a) The district board adopted a resolution certifying its	25696
intent to participate in the school building assistance expedited	25697
local partnership program under section 3318.36 of the Revised	25698
Code prior to September 14, 2000.	25699

(b) The district was selected by the Ohio school facilities	25700
commission for participation in the school building assistance	25701
expedited local partnership program under section 3318.36 of the	25702
Revised Code in the manner prescribed by the commission under that	25703
section as it existed prior to September 14, 2000.	25704

(B)(1) There is hereby established the exceptional needs	25705
school facilities assistance program. Under the program, the Ohio	25706
school facilities commission may set aside from the moneys	25707
annually appropriated to it for classroom facilities assistance	25708
projects up to twenty-five per cent for assistance to school	25709
districts with exceptional needs for immediate classroom	25710
facilities assistance.	25711

(2)(a) After consulting with education and construction	25712
experts, the commission shall adopt guidelines for identifying	25713
school districts with an exceptional need for immediate classroom	25714
facilities assistance.	25715

(b) The guidelines shall include application forms and	25716
instructions for school districts ~~that believe they have an~~	25717
~~exceptional need for immediate classroom facilities~~to use in	25718
applying for assistance under this section.	25719

(3) The commission shall evaluate the classroom facilities,	25720
and the need for replacement classroom facilities from the	25721
applications received under this section. The commission,	25722
utilizing the guidelines adopted under division (B)(2)(a) of this	25723
section, shall prioritize the school districts to be assessed.	25724

Notwithstanding section 3318.02 of the Revised Code, the	25725
commission may conduct on-site evaluation of the school districts	25726
prioritized under this section and approve and award funds until	25727
such time as all funds set aside under division (B)(1) of this	25728
section have been encumbered ~~under section 3318.04 of the Revised~~	25729
~~Code~~. However, the commission need not conduct the evaluation of	25730
facilities if the commission determines that a district's	25731
assessment conducted under section 3318.36 of the Revised Code is	25732
sufficient for purposes of this section.	25733

(4) Notwithstanding division (A) of section 3318.05 of the	25734
Revised Code, the school district's portion of the basic project	25735
cost under this section shall be the "required percentage of the	25736
basic project costs," as defined in division (K) of section	25737
3318.01 of the Revised Code.	25738

(5) Except as otherwise specified in this section, any	25739
project undertaken with assistance under this section shall comply	25740
with all provisions of sections 3318.01 to 3318.20 of the Revised	25741
Code. A school district may receive assistance under sections	25742
3318.01 to 3318.20 of the Revised Code for the remainder of the	25743
district's classroom facilities needs as assessed under this	25744
section when the district is eligible for such assistance pursuant	25745
to section 3318.02 of the Revised Code, but any classroom facility	25746
constructed with assistance under this section shall not be	25747
included in a district's project at that time unless the	25748
commission determines the district has experienced the increased	25749
enrollment specified in division (B)(1) of section 3318.04 of the	25750
Revised Code.	25751

(C) No school district shall receive assistance under this	25752
section for a classroom facility that has been included in the	25753
discrete part of the district's classroom facilities needs	25754
identified and addressed in the district's project pursuant to an	25755
agreement entered into under section 3318.36 of the Revised Code.	25756

Sec. 3318.41. (A)(1) The Ohio school facilities commission	25757
annually shall assess the classroom facilities needs of the number	25758
of joint vocational school districts that the commission	25759
reasonably expects to be able to provide assistance to in a fiscal	25760
year, based on the amount set aside for that fiscal year under	25761
division (B) of section 3318.40 of the Revised Code and the order	25762
of priority prescribed in division (B) of section 3318.42 of the	25763
Revised Code, except that in fiscal year 2004 the commission shall	25764
conduct at least the five assessments prescribed in division (E)	25765
of section 3318.40 of the Revised Code.	25766

Upon conducting an assessment of the classroom facilities	25767
needs of a school district, the commission shall make a	25768
determination of all of the following:	25769

(a) The number of classroom facilities to be included in a	25770
project~~, including classroom facilities authorized by a bond~~	25771
~~issuedescribed in section 3318.033 of the Revised Code,~~ and the	25772
basic project cost of acquiring the classroom facilities included	25773
in the project. The number of facilities and basic project cost	25774
shall be determined in accordance with the specifications adopted	25775
under section 3318.311 of the Revised Code except to the extent	25776
that compliance with such specifications is waived by the	25777
commission pursuant to the rule of the commission adopted under	25778
division (F) of section 3318.40 of the Revised Code.	25779

(b) The school district's portion of the basic project cost	25780
as determined under division (C) of section 3318.42 of the Revised	25781
Code;	25782

(c) The remaining portion of the basic project cost that	25783
shall be supplied by the state;	25784

(d) The amount of the state's portion of the basic project	25785
cost to be encumbered in accordance with section 3318.11 of the	25786
Revised Code in the current and subsequent fiscal bienniums from	25787
funds set aside under division (B) of section 3318.40 of the	25788
Revised Code.	25789

(2) Divisions (A), (C), and (D) of section 3318.03 of the	25790
Revised Code apply to any project under sections 3318.40 to	25791
3318.45 of the Revised Code.	25792

(B)(1) If the commission makes a determination under division	25793
(A) of this section in favor of the acquisition of classroom	25794
facilities for a project under sections 3318.40 to 3318.45 of the	25795
Revised Code, such project shall be conditionally approved. Such	25796
conditional approval shall be submitted to the controlling board	25797
for approval. The controlling board shall immediately approve or	25798
reject the commission's determination, conditional approval, the	25799
amount of the state's portion of the basic project cost, and the	25800
amount of the state's portion of the basic project cost to be	25801
encumbered in the current fiscal biennium. In the event of	25802
approval by the controlling board, the commission shall certify	25803
the conditional approval to the joint vocational school district	25804
board of education and shall encumber the approved funds for the	25805
current fiscal year.	25806

(2) No school district that receives assistance under	25807
sections 3318.40 to 3318.45 of the Revised Code shall have another	25808
such project conditionally approved until the expiration of twenty	25809
years after the school district's prior project was conditionally	25810
approved, unless the school district board demonstrates to the	25811
satisfaction of the commission that the school district has	25812
experienced since conditional approval of its prior project an	25813
exceptional increase in enrollment or program requirements	25814
significantly above the school district's design capacity under	25815
that prior project as determined by rule of the commission. Any	25816
rule adopted by the commission to implement this division shall be	25817
tailored to address the classroom facilities needs of joint	25818
vocational school districts.	25819

(C) In addition to generating the amount of the school	25820
district's portion of the basic project cost as determined under	25821
division (C) of section 3318.42 of the Revised Code, in order for	25822
a school district to receive assistance under sections 3318.40 to	25823
3318.45 of the Revised Code, the school district board shall set	25824
aside school district moneys for the maintenance of the classroom	25825
facilities included in the school district's project in the amount	25826
and manner prescribed in section 3318.43 of the Revised Code.	25827

(D)(1) The conditional approval for a project certified under	25828
division (B)(1) of this section shall lapse and the amount	25829
reserved and encumbered for such project shall be released unless	25830
both of the following conditions are satisfied:	25831

(a) Within one hundred twenty days following the date of	25832
certification of the conditional approval to the joint vocational	25833
school district board, the school district board accepts the	25834
conditional approval and certifies to the commission the school	25835
district board's plan to generate the school district's portion of	25836
the basic project cost, as determined under division (C) of	25837
section 3318.42 of the Revised Code, and to set aside moneys for	25838
maintenance of the classroom facilities acquired under the	25839
project, as prescribed in section 3318.43 of the Revised Code.	25840

(b) Within one year following the date of certification of	25841
the conditional approval to the school district board, the	25842
electors of the school district vote favorably on any ballot	25843
measures proposed by the school district board to generate the	25844
school district's portion of the basic project cost.	25845

(2) If the school district board or electors fail to satisfy	25846
the conditions prescribed in division (D)(1) of this section and	25847
the amount reserved and encumbered for the school district's	25848
project is released, the school district shall be given first	25849
priority over other joint vocational school districts for project	25850
funding under sections 3318.40 to 3318.45 of the Revised Code as	25851
such funds become available.	25852

(E) If the conditions prescribed in division (D)(1) of this	25853
section are satisfied, the commission and the school district	25854
board shall enter into an agreement as prescribed in section	25855
3318.08 of the Revised Code and shall proceed with the development	25856
of plans, cost estimates, designs, drawings, and specifications as	25857
prescribed in section 3318.091 of the Revised Code.	25858

(F) Costs in excess of those approved by the commission under	25859
section 3318.091 of the Revised Code shall be payable only as	25860
provided in sections 3318.042 and 3318.083 of the Revised Code.	25861

(G) Advertisement for bids and the award of contracts for	25862
construction of any project under sections 3318.40 to 3318.45 of	25863
the Revised Code shall be conducted in accordance with section	25864
3318.10 of the Revised Code.	25865

(H) The state funds reserved and encumbered and the funds	25866
provided by the school district to pay the basic project cost of a	25867
project under sections 3318.40 to 3318.45 of the Revised Code	25868
shall be spent simultaneously in proportion to the state's and the	25869
school district's respective portions of that basic project cost.	25870

(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised	25871
Code apply to projects under sections 3318.40 to 3318.45 of the	25872
Revised Code.	25873

Sec. 3319.01. Except in an island school district, where the	25874
superintendent of an educational service center otherwise may	25875
serve as superintendent of the district and except as otherwise	25876
provided for any cooperative education school district pursuant to	25877
division (B)(2) of section 3311.52 or division (B)(3) of section	25878
3311.521 of the Revised Code, the board of education in each	25879
school district and the governing board of each service center	25880
shall, at a regular or special meeting held not later than the	25881
first day of May of the calendar year in which the term of the	25882
superintendent expires, appoint a person possessed of the	25883
qualifications provided in this section to act as superintendent,	25884
for a term not longer than five years beginning the first day of	25885
August and ending on the thirty-first day of July. Such	25886
superintendent is, at the expiration of a current term of	25887
employment, deemed reemployed for a term of one year at the same	25888
salary plus any increments that may be authorized by the board,	25889
unless such board, on or before the first day of March of the year	25890
in which the contract of employment expires, either reemploys the	25891
superintendent for a succeeding term as provided in this section	25892
or gives to the superintendent written notice of its intention not	25893
to reemploy the superintendent. A superintendent may not be	25894
transferred to any other position during the term of the	25895
superintendent's employment or reemployment except by mutual	25896
agreement by the superintendent and the board. If a vacancy occurs	25897
in the office of superintendent, the board shall appoint a	25898
superintendent for a term not to exceed five years from the next	25899
preceding first day of August.	25900

~~Except as otherwise provided in this section, the employment~~	25901
~~or reemployment of a superintendent of a local school district~~	25902
~~shall be only upon the recommendation of the service center~~	25903
~~superintendent, except that a local board of education, by a~~	25904
~~three-fourths vote of its full membership, may, after considering~~	25905
~~two nominations for the position of local superintendent made by~~	25906
~~the service center superintendent, employ or reemploy a person not~~	25907
~~so nominated for such position.~~	25908

A board may at any regular or special meeting held during the	25909
period beginning on the first day of January of the calendar year	25910
immediately preceding the year the contract of employment of a	25911
superintendent expires and ending on the first day of March of the	25912
year it expires, reemploy such superintendent for a succeeding	25913
term for not longer than five years, beginning on the first day of	25914
August immediately following the expiration of the	25915
superintendent's current term of employment and ending on the	25916
thirty-first day of July of the year in which such succeeding term	25917
expires. No person shall be appointed to the office of	25918
superintendent of a city, or exempted village school district or a	25919
service center who does not hold a license designated for being a	25920
superintendent issued under section 3319.22 of the Revised Code,	25921
unless such person had been employed as a county, city, or	25922
exempted village superintendent prior to August 1, 1939. No person	25923
shall be appointed to the office of local superintendent who does	25924
not hold a license designated for being a superintendent issued	25925
under section 3319.22 of the Revised Code, unless such person held	25926
or was qualified to hold the position of executive head of a local	25927
school district on September 16, 1957. At the time of making such	25928
appointment or designation of term, such board shall fix the	25929
compensation of the superintendent, which may be increased or	25930
decreased during such term, provided such decrease is a part of a	25931
uniform plan affecting salaries of all employees of the district,	25932
and shall execute a written contract of employment with such	25933
superintendent.	25934

Each board shall adopt procedures for the evaluation of its	25935
superintendent and shall evaluate its superintendent in accordance	25936
with those procedures. An evaluation based upon such procedures	25937
shall be considered by the board in deciding whether to renew the	25938
superintendent's contract. The establishment of an evaluation	25939
procedure shall not create an expectancy of continued employment.	25940
Nothing in this section shall prevent a board from making the	25941
final determination regarding the renewal or failure to renew of a	25942
superintendent's contract.	25943

Termination of a superintendent's contract shall be pursuant	25944
to section 3319.16 of the Revised Code.	25945

A board may establish vacation leave for its superintendent.	25946
Upon the superintendent's separation from employment a board that	25947
has such leave may provide compensation at the superintendent's	25948
current rate of pay for all lawfully accrued and unused vacation	25949
leave to the superintendent's credit at the time of separation,	25950
not to exceed the amount accrued within three years before the	25951
date of separation. In case of the death of a superintendent, such	25952
unused vacation leave as the board would have paid to this	25953
superintendent upon separation shall be paid in accordance with	25954
section 2113.04 of the Revised Code, or to the superintendent's	25955
estate.	25956

The superintendent shall be the executive officer for the	25957
board. ~~Except as otherwise provided in this section for local~~	25958
~~school districts, the~~The superintendent shall direct and assign	25959
teachers and other employees of the district or service center,	25960
except as provided in section 3319.04 of the Revised Code; assign	25961
the pupils to the proper schools and grades, provided that the	25962
assignment of a pupil to a school outside of the pupil's district	25963
of residence is approved by the board of the district of residence	25964
of such pupil; and perform such other duties as the board	25965
determines. ~~The service center superintendent shall exercise the~~	25966
~~responsibilities of this section with regard to the assignment of~~	25967
~~pupils and teachers for local school districts under the~~	25968
~~supervision of the service center, except that the board of~~	25969
~~education of a local school district and the governing board of~~	25970
~~the educational service center of which the local district is a~~	25971
~~part may enter into an agreement requiring the local~~	25972
~~superintendent, instead of the superintendent of the educational~~	25973
~~service center, to exercise the responsibilities of this section~~	25974
~~with regard to the assignment of pupils and teachers for the local~~	25975
~~school district.~~	25976

The board of education of any school district may contract	25977
with the governing board of the educational service center from	25978
which it otherwise receives services to conduct searches and	25979
recruitment of candidates for the superintendent position	25980
authorized under this section.	25981

Sec. 3319.02. (A)(1) As used in this section, "other	25982
administrator" means ~~either~~any of the following:	25983

(a) Except as provided in division (A)(2) of this section,	25984
any employee in a position for which a board of education requires	25985
a license designated by rule of the department of education for	25986
being an administrator issued under section 3319.22 of the Revised	25987
Code, including a professional pupil services employee or	25988
administrative specialist or an equivalent of either one who is	25989
not employed as a school counselor and spends less than fifty per	25990
cent of the time employed teaching or working with students;	25991

(b) Any nonlicensed employee whose job duties enable such	25992
employee to be considered as either a "supervisor" or a	25993
"management level employee," as defined in section 4117.01 of the	25994
Revised Code;	25995

(c) A business manager appointed under section 3319.03 of the	25996
Revised Code.	25997

(2) As used in this section, "other administrator" does not	25998
include a superintendent, assistant superintendent, principal, or	25999
assistant principal.	26000

(B) The board of education of each school district and the	26001
governing board of an educational service center may appoint one	26002
or more assistant superintendents and such other administrators as	26003
are necessary. An assistant educational service center	26004
superintendent or service center supervisor employed on a	26005
part-time basis may also be employed by a local board as a	26006
teacher. The board of each city, exempted village, and local	26007
school district shall employ principals for all high schools and	26008
for such other schools as the board designates, and those boards	26009
may appoint assistant principals for any school that they	26010
designate.	26011

(C) In educational service centers and in city ~~and~~, exempted	26012
village, and local school districts, assistant superintendents,	26013
principals, assistant principals, and other administrators shall	26014
only be employed or reemployed in accordance with nominations of	26015
the superintendent, except that a ~~city or exempted village~~ board	26016
of education of a school district or the governing board of a	26017
service center, by a three-fourths vote of its full membership,	26018
may reemploy any assistant superintendent, principal, assistant	26019
principal, or other administrator whom the superintendent refuses	26020
to nominate. ~~In local school districts, assistant superintendents,~~	26021
~~principals, assistant principals, and other administrators shall~~	26022
~~only be employed or reemployed in accordance with nominations of~~	26023
~~the superintendent of the service center of which the local~~	26024
~~district is a part, except that a local board of education, by a~~	26025
~~three-fourths vote of its full membership, may reemploy any~~	26026
~~assistant superintendent, principal, assistant principal, or other~~	26027
~~administrator whom such superintendent refuses to nominate.~~	26028

The board of education or governing board shall execute a	26029
written contract of employment with each assistant superintendent,	26030
principal, assistant principal, and other administrator it employs	26031
or reemploys. The term of such contract shall not exceed three	26032
years except that in the case of a person who has been employed as	26033
an assistant superintendent, principal, assistant principal, or	26034
other administrator in the district or center for three years or	26035
more, the term of the contract shall be for not more than five	26036
years and, unless the superintendent of the district recommends	26037
otherwise, not less than two years. If the superintendent so	26038
recommends, the term of the contract of a person who has been	26039
employed by the district or service center as an assistant	26040
superintendent, principal, assistant principal, or other	26041
administrator for three years or more may be one year, but all	26042
subsequent contracts granted such person shall be for a term of	26043
not less than two years and not more than five years. When a	26044
teacher with continuing service status becomes an assistant	26045
superintendent, principal, assistant principal, or other	26046
administrator with the district or service center with which the	26047
teacher holds continuing service status, the teacher retains such	26048
status in the teacher's nonadministrative position as provided in	26049
sections 3319.08 and 3319.09 of the Revised Code.	26050

A board of education or governing board may reemploy an	26051
assistant superintendent, principal, assistant principal, or other	26052
administrator at any regular or special meeting held during the	26053
period beginning on the first day of January of the calendar year	26054
immediately preceding the year of expiration of the employment	26055
contract and ending on the last day of March of the year the	26056
employment contract expires.	26057

Except by mutual agreement of the parties thereto, no	26058
assistant superintendent, principal, assistant principal, or other	26059
administrator shall be transferred during the life of a contract	26060
to a position of lesser responsibility. No contract may be	26061
terminated by a board except pursuant to section 3319.16 of the	26062
Revised Code. No contract may be suspended except pursuant to	26063
section 3319.17 or 3319.171 of the Revised Code. The salaries and	26064
compensation prescribed by such contracts shall not be reduced by	26065
a board unless such reduction is a part of a uniform plan	26066
affecting the entire district or center. The contract shall	26067
specify the employee's administrative position and duties as	26068
included in the job description adopted under division (D) of this	26069
section, the salary and other compensation to be paid for	26070
performance of duties, the number of days to be worked, the number	26071
of days of vacation leave, if any, and any paid holidays in the	26072
contractual year.	26073

An assistant superintendent, principal, assistant principal,	26074
or other administrator is, at the expiration of the current term	26075
of employment, deemed reemployed at the same salary plus any	26076
increments that may be authorized by the board, unless such	26077
employee notifies the board in writing to the contrary on or	26078
before the first day of June, or unless such board, on or before	26079
the last day of March of the year in which the contract of	26080
employment expires, either reemploys such employee for a	26081
succeeding term or gives written notice of its intention not to	26082
reemploy the employee. The term of reemployment of a person	26083
reemployed under this paragraph shall be one year, except that if	26084
such person has been employed by the school district or service	26085
center as an assistant superintendent, principal, assistant	26086
principal, or other administrator for three years or more, the	26087
term of reemployment shall be two years.	26088

(D)(1) Each board shall adopt procedures for the evaluation	26089
of all assistant superintendents, principals, assistant	26090
principals, and other administrators and shall evaluate such	26091
employees in accordance with those procedures. The evaluation	26092
based upon such procedures shall be considered by the board in	26093
deciding whether to renew the contract of employment of an	26094
assistant superintendent, principal, assistant principal, or other	26095
administrator.	26096

(2) The evaluation shall measure each assistant	26097
superintendent's, principal's, assistant principal's, and other	26098
administrator's effectiveness in performing the duties included in	26099
the job description and the evaluation procedures shall provide	26100
for, but not be limited to, the following:	26101

(a) Each assistant superintendent, principal, assistant	26102
principal, and other administrator shall be evaluated annually	26103
through a written evaluation process.	26104

(b) The evaluation shall be conducted by the superintendent	26105
or designee.	26106

(c) In order to provide time to show progress in correcting	26107
the deficiencies identified in the evaluation process, the	26108
evaluation process shall be completed as follows:	26109

(i) In any school year that the employee's contract of	26110
employment is not due to expire, at least one evaluation shall be	26111
completed in that year. A written copy of the evaluation shall be	26112
provided to the employee no later than the end of the employee's	26113
contract year as defined by the employee's annual salary notice.	26114

(ii) In any school year that the employee's contract of	26115
employment is due to expire, at least a preliminary evaluation and	26116
at least a final evaluation shall be completed in that year. A	26117
written copy of the preliminary evaluation shall be provided to	26118
the employee at least sixty days prior to any action by the board	26119
on the employee's contract of employment. The final evaluation	26120
shall indicate the superintendent's intended recommendation to the	26121
board regarding a contract of employment for the employee. A	26122
written copy of the evaluation shall be provided to the employee	26123
at least five days prior to the board's acting to renew or not	26124
renew the contract.	26125

(3) Termination of an assistant superintendent, principal,	26126
assistant principal, or other administrator's contract shall be	26127
pursuant to section 3319.16 of the Revised Code. Suspension of any	26128
such employee shall be pursuant to section 3319.17 or 3319.171 of	26129
the Revised Code.	26130

(4) Before taking action to renew or nonrenew the contract of	26131
an assistant superintendent, principal, assistant principal, or	26132
other administrator under this section and prior to the last day	26133
of March of the year in which such employee's contract expires,	26134
the board shall notify each such employee of the date that the	26135
contract expires and that the employee may request a meeting with	26136
the board. Upon request by such an employee, the board shall grant	26137
the employee a meeting in executive session. In that meeting, the	26138
board shall discuss its reasons for considering renewal or	26139
nonrenewal of the contract. The employee shall be permitted to	26140
have a representative, chosen by the employee, present at the	26141
meeting.	26142

(5) The establishment of an evaluation procedure shall not	26143
create an expectancy of continued employment. Nothing in division	26144
(D) of this section shall prevent a board from making the final	26145
determination regarding the renewal or nonrenewal of the contract	26146
of any assistant superintendent, principal, assistant principal,	26147
or other administrator. However, if a board fails to provide	26148
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	26149
section, or if the board fails to provide at the request of the	26150
employee a meeting as prescribed in division (D)(4) of this	26151
section, the employee automatically shall be reemployed at the	26152
same salary plus any increments that may be authorized by the	26153
board for a period of one year, except that if the employee has	26154
been employed by the district or service center as an assistant	26155
superintendent, principal, assistant principal, or other	26156
administrator for three years or more, the period of reemployment	26157
shall be for two years.	26158

(E) On nomination of the superintendent of a service center a	26159
governing board may employ supervisors who shall be employed under	26160
written contracts of employment for terms not to exceed five years	26161
each. Such contracts may be terminated by a governing board	26162
pursuant to section 3319.16 of the Revised Code. Any supervisor	26163
employed pursuant to this division may terminate the contract of	26164
employment at the end of any school year after giving the board at	26165
least thirty days' written notice prior to such termination. On	26166
the recommendation of the superintendent the contract or contracts	26167
of any supervisor employed pursuant to this division may be	26168
suspended for the remainder of the term of any such contract	26169
pursuant to section 3319.17 or 3319.171 of the Revised Code.	26170

(F) A board may establish vacation leave for any individuals	26171
employed under this section. Upon such an individual's separation	26172
from employment, a board that has such leave may compensate such	26173
an individual at the individual's current rate of pay for all	26174
lawfully accrued and unused vacation leave credited at the time of	26175
separation, not to exceed the amount accrued within three years	26176
before the date of separation. In case of the death of an	26177
individual employed under this section, such unused vacation leave	26178
as the board would have paid to the individual upon separation	26179
under this section shall be paid in accordance with section	26180
2113.04 of the Revised Code, or to the estate.	26181

(G) The board of education of any school district may	26182
contract with the governing board of the educational service	26183
center from which it otherwise receives services to conduct	26184
searches and recruitment of candidates for assistant	26185
superintendent, principal, assistant principal, and other	26186
administrator positions authorized under this section.	26187

Sec. 3319.03. The board of education of each city, exempted	26188
village, and local school district may create the position of	26189
business manager. The board shall ~~elect~~appoint such business	26190
manager who shall serve ~~for a term not to exceed four years unless~~	26191
~~earlier removed for cause~~pursuant to a contract in accordance	26192
with section 3319.02 of the Revised Code. ~~A vacancy in this office~~	26193
~~shall be filled only for the unexpired term thereof.~~ In the	26194
discharge of all ~~his~~official duties, the business manager may be	26195
directly responsible to the board, or to the superintendent of	26196
schools, as the board directs at the time of ~~election~~appointment	26197
to the position. Where such business manager is responsible to the	26198
superintendent hethe business manager shall be appointed by the	26199
superintendent and confirmed by the board.	26200

No board of education shall ~~elect~~appoint or confirm as	26201
business manager any person who does not hold a valid business	26202
manager's license issued under section 3301.074 of the Revised	26203
Code. If the business manager fails to maintain a valid license,	26204
hethe business manager shall be removed by the board.	26205

Sec. 3319.07. (A) The board of education of each city,	26206
exempted village, ~~and~~ local, and joint vocational school district	26207
shall employ the teachers of the public schools of their	26208
respective districts.	26209

The governing board of each educational service center may	26210
employ special instruction teachers, special education teachers,	26211
and teachers of academic courses in which there are too few	26212
students in each of the constituent local school districts or in	26213
city or exempted village school districts entering into agreements	26214
pursuant to section 3313.843 of the Revised Code to warrant each	26215
district's employing teachers for those courses.	26216

When any board makes appointments of teachers, the teachers	26217
in the employ of the board shall be considered before new teachers	26218
are chosen in their stead. In ~~city, exempted village, and joint~~	26219
~~vocational~~all school districts and in service centers no teacher	26220
shall be employed unless such person is nominated by the	26221
superintendent of such district or center. Such board, by a	26222
three-fourths vote of its full membership, may re-employ any	26223
teacher whom the superintendent refuses to appoint. ~~In local~~	26224
~~school districts, no teacher shall be employed, except as provided~~	26225
~~in division (B) of this section, unless nominated by the~~	26226
~~superintendent of the service center of which such local school~~	26227
~~district is a part; by a majority vote of the full membership of~~	26228
~~such board, the board of education of any local school district~~	26229
~~may, after considering two nominations for any position made by~~	26230
~~the service center superintendent, reemploy a person not so~~	26231
~~nominated for such position.~~	26232

(B) The board of education of ~~a local~~any school district ~~and~~	26233
~~the board of education of the county school district of which the~~	26234
~~local district is a part may enter into an agreement authorizing~~	26235
~~the superintendent of the local district, in lieu of the~~	26236
~~superintendent of the county district, to make nominations under~~	26237
~~this section for the employment of teachers in the local district.~~	26238
~~While such an agreement is in effect the board of education of the~~	26239
~~local district shall not employ any teacher unless the person is~~	26240
~~nominated by the superintendent of the district except that, by a~~	26241
~~three-fourths vote of its full membership, it may re-employ any~~	26242
~~teacher whom the superintendent refuses to nominate~~may contract	26243
with the governing board of the educational service center from	26244
which it otherwise receives services to conduct searches and	26245
recruitment of candidates for teacher positions.	26246

Sec. 3319.19. (A) Except as provided in division (D) of this	26247
section or division (A)(2) of section 3313.37 of the Revised Code,	26248
upon request, the board of county commissioners shall provide and	26249
equip offices in the county for the use of the superintendent of	26250
an educational service center, and shall provide heat, light,	26251
water, and janitorial services for such offices. Such offices	26252
shall be the permanent headquarters of the superintendent and	26253
shall be used by the governing board of the service center when it	26254
is in session. Except as provided in division (B) of this section,	26255
such offices shall be located in the county seat or, upon the	26256
approval of the governing board, may be located outside of the	26257
county seat.	26258

(B) In the case of a service center formed under section	26259
3311.053 or 3311.059 of the Revised Code, the governing board	26260
shall designate the site of its offices. Except as provided in	26261
division (D) of this section or division (A)(2) of section 3313.37	26262
of the Revised Code, the board of county commissioners of the	26263
county in which the designated site is located shall provide and	26264
equip the offices as under division (A) of this section, but the	26265
costs of such offices and equipment shall be apportioned among the	26266
boards of county commissioners of all counties having any	26267
territory in the area under the control of the governing board,	26268
according to the proportion of local school district pupils under	26269
the supervision of such board residing in the respective counties.	26270
Where there is a dispute as to the amount any board of county	26271
commissioners is required to pay, the probate judge of the county	26272
in which the greatest number of pupils under the supervision of	26273
the governing board reside shall apportion such costs among the	26274
boards of county commissioners and notify each such board of its	26275
share of the costs.	26276

(C) ~~Not~~As used in division (C) of this section, in the case	26277
of a building, facility, or office space that a board of county	26278
commissioners leases or rents, "actual cost per square foot" means	26279
all cost on a per square foot basis incurred by the board under	26280
the lease or rental agreement. In the case of a building,	26281
facility, or office space that the board owns in fee simple,	26282
"actual cost per square foot" means the fair rental value on a per	26283
square foot basis of the building, facility, or office space	26284
either as compared to a similarly situated building, facility, or	26285
office space in the general vicinity or as calculated under a	26286
formula that accounts for depreciation, amortization of	26287
improvements, and other reasonable factors, including, but not	26288
limited to, parking space and other amenities.	26289

Not later than the thirty-first day of March of 2002, 2003,	26290
2004, and 2005 a board of county commissioners required to provide	26291
or equip offices pursuant to division (A) or (B) of this section	26292
shall make a written estimate of the total cost it will incur for	26293
the ensuing fiscal year to provide and equip the offices and to	26294
provide heat, light, water, and janitorial services for such	26295
offices. The total estimate of cost shall include:	26296

(1) The total square feet of space to be utilized by the	26297
educational service center;	26298

(2) The total square feet of any common areas that should be	26299
reasonably allocated to the center and the methodology for making	26300
this allocation;	26301

(3) The actual cost per square foot for both the space	26302
utilized by and the common area allocated to the center;	26303

(4) An explanation of the methodology used to determine the	26304
actual cost per square foot ~~cost~~;	26305

(5) The estimated cost of providing heat, light, and water,	26306
including an explanation of how these costs were determined;	26307

(6) The estimated cost of providing janitorial services	26308
including an explanation of the methodology used to determine this	26309
cost;	26310

(7) Any other estimated costs that the board anticipates it	26311
will occur and a detailed explanation of the costs and the	26312
rationale used to determine such costs.	26313

A copy of the total estimate of costs under this division	26314
shall be sent to the superintendent of the educational service	26315
center not later than the fifth day of April. The superintendent	26316
shall review the total estimate and shall notify the board of	26317
county commissioners not later than twenty days after receipt of	26318
the estimate of either agreement with the estimate or any specific	26319
objections to the estimates and the reasons for the objections. If	26320
the superintendent agrees with the estimate, it shall become the	26321
final total estimate of cost. Failure of the superintendent to	26322
make objections to the estimate by the twentieth day after receipt	26323
of it shall be deemed to mean that the superintendent is in	26324
agreement with the estimate.	26325

If the superintendent provides specific objections to the	26326
board of county commissioners, the board shall review the	26327
objections and may modify the original estimate and shall send a	26328
revised total estimate to the superintendent within ten days after	26329
the receipt of the superintendent's objections. The superintendent	26330
shall respond to the revised estimate within ten days after its	26331
receipt. If the superintendent agrees with it, it shall become the	26332
final total estimated cost. If the superintendent fails to respond	26333
within the required time, the superintendent shall be deemed to	26334
have agreed with the revised estimate. If the superintendent	26335
disagrees with the revised estimate, the superintendent shall send	26336
specific objections to the county commissioners.	26337

If a superintendent has sent specific objections to the	26338
revised estimate within the required time, the probate judge of	26339
the county which has the greatest number of resident local school	26340
district pupils under the supervision of the educational service	26341
center shall determine the final estimated cost and certify this	26342
amount to the superintendent and the board of county commissioners	26343
prior to the first day of July.	26344

(D)(1) A board of county commissioners shall be responsible	26345
for the following percentages of the final total estimated cost	26346
established by division (C) of this section:	26347

(a) Eighty per cent for fiscal year 2003;

26348

(b) Sixty per cent for fiscal year 2004;

26349

26350

(d) Twenty per cent for fiscal year 2006.

26351

In fiscal years 2003, 2004, 2005, and 2006 the educational	26352
service center shall be responsible for the remainder of any costs	26353
in excess of the amounts specified in division (D)(1)(a),(b), or	26354
(c), or (d) of this section, as applicable, associated with the	26355
provision and equipment of offices for the educational service	26356
center and for provision of heat, light, water, and janitorial	26357
services for such offices, including any unanticipated or	26358
unexpected increases in the costs beyond the final estimated cost	26359
amount.	26360

Beginning in fiscal year 2007, no board of county	26361
commissioners shall have any obligation to provide and equip	26362
offices for an educational service center or to provide heat,	26363
light, water, or janitorial services for such offices.	26364

(2) Nothing in this section shall prohibit the board of	26365
county commissioners and the governing board of an educational	26366
service center from entering into a contract for providing and	26367
equipping offices for the use of an educational service center and	26368
for providing heat, light, water, and janitorial services for such	26369
offices. The term of any such contract shall not exceed a period	26370
of four years and may be renewed for additional periods not to	26371
exceed four years. Any such contract shall supersede the	26372
provisions of division (D)(1) of this section and no educational	26373
service center may be charged, at any time, any additional amount	26374
for the county's provision of an office and equipment, heat,	26375
light, water, and janitorial services beyond the amount specified	26376
in such contract.	26377

(3) No contract entered into under division (D)(2) of this	26378
section in any year prior to fiscal year 2007 between an	26379
educational service center formed under section 3311.053 or	26380
3311.059 of the Revised Code and the board of county commissioners	26381
required to provide and equip its office pursuant to division (B)	26382
of this section shall take effect unless the boards of county	26383
commissioners of all other counties required to participate in the	26384
funding for such offices pursuant to division (B) of this section	26385
adopt resolutions approving the contract.	26386

Sec. 3319.22. (A)(1) The state board of education shall	26387
adopt rules establishing the standards and requirements for	26388
obtaining temporary, associate, provisional, and professional	26389
educator licenses of any categories, types, and levels the board	26390
elects to provide. However, no educator license shall be required	26391
for teaching children two years old or younger.	26392

(2) If the state board requires any examinations for educator	26393
licensure, the department of education shall provide the results	26394
of such examinations to the Ohio board of regents, in the form and	26395
manner requested by the board of regents.	26396

(B) Any rules the state board of education adopts, amends, or	26397
rescinds for educator licenses under this section, division (D) of	26398
section 3301.07 of the Revised Code, or any other law shall be	26399
adopted, amended, or rescinded under Chapter 119. of the Revised	26400
Code except as follows:	26401

(1) Notwithstanding division (D) of section 119.03 and	26402
division (A)(1) of section 119.04 of the Revised Code, the	26403
effective date of any rules, or amendment or rescission of any	26404
rules, shall not be as prescribed in division (D) of section	26405
119.03 and division (A)(1) of section 119.04 of the Revised Code.	26406
Instead, the effective date shall be the date prescribed by	26407
section 3319.23 of the Revised Code.	26408

(2) Notwithstanding the authority to adopt, amend, or rescind	26409
emergency rules in division (F) of section 119.03 of the Revised	26410
Code, this authority shall not apply to the state board of	26411
education with regard to rules for educator licenses.	26412

(C)(1) The rules adopted under this section establishing	26413
standards requiring additional coursework for the renewal of any	26414
educator license shall require a school district and a chartered	26415
nonpublic school to establish local professional development	26416
committees. In a nonpublic school, the chief administrative	26417
officer shall establish the committees in any manner acceptable to	26418
such officer. The committees established under this division shall	26419
determine whether coursework that a district or chartered	26420
nonpublic school teacher proposes to complete meets the	26421
requirement of the rules. The rules shall establish a procedure by	26422
which a teacher may appeal the decision of a local professional	26423
development committee.	26424

(2) In any school district in which there is no exclusive	26425
representative established under Chapter 4117. of the Revised	26426
Code, the professional development committees shall be established	26427
as described in division (C)(2) of this section.	26428

Not later than the effective date of the rules adopted under	26429
this section, the board of education of each school district shall	26430
establish the structure for one or more local professional	26431
development committees to be operated by such school district. The	26432
committee structure so established by a district board shall	26433
remain in effect unless within thirty days prior to an anniversary	26434
of the date upon which the current committee structure was	26435
established, the board provides notice to all affected district	26436
employees that the committee structure is to be modified.	26437
Professional development committees may have a district-level or	26438
building-level scope of operations, and may be established with	26439
regard to particular grade or age levels for which an educator	26440
license is designated.	26441

Each professional development committee shall consist of at	26442
least three classroom teachers employed by the district, one	26443
principal employed by the district, and one other employee of the	26444
district appointed by the district superintendent. For committees	26445
with a building-level scope, the teacher and principal members	26446
shall be assigned to that building, and the teacher members shall	26447
be elected by majority vote of the classroom teachers assigned to	26448
that building. For committees with a district-level scope, the	26449
teacher members shall be elected by majority vote of the classroom	26450
teachers of the district, and the principal member shall be	26451
elected by a majority vote of the principals of the district,	26452
unless there are two or fewer principals employed by the district,	26453
in which case the one or two principals employed shall serve on	26454
the committee. If a committee has a particular grade or age level	26455
scope, the teacher members shall be licensed to teach such grade	26456
or age levels, and shall be elected by majority vote of the	26457
classroom teachers holding such a license and the principal shall	26458
be elected by all principals serving in buildings where any such	26459
teachers serve. The district superintendent shall appoint a	26460
replacement to fill any vacancy that occurs on a professional	26461
development committee, except in the case of vacancies among the	26462
elected classroom teacher members, which shall be filled by vote	26463
of the remaining members of the committee so selected.	26464

Terms of office on professional development committees shall	26465
be prescribed by the district board establishing the committees.	26466
The conduct of elections for members of professional development	26467
committees shall be prescribed by the district board establishing	26468
the committees. A professional development committee may include	26469
additional members, except that the majority of members on each	26470
such committee shall be classroom teachers employed by the	26471
district. Any member appointed to fill a vacancy occurring prior	26472
to the expiration date of the term for which a predecessor was	26473
appointed shall hold office as a member for the remainder of that	26474
term.	26475

The initial meeting of any professional development	26476
committee, upon election and appointment of all committee members,	26477
shall be called by a member designated by the district	26478
superintendent. At this initial meeting, the committee shall	26479
select a chairperson and such other officers the committee deems	26480
necessary, and shall adopt rules for the conduct of its meetings.	26481
Thereafter, the committee shall meet at the call of the	26482
chairperson or upon the filing of a petition with the district	26483
superintendent signed by a majority of the committee members	26484
calling for the committee to meet.	26485

(3) In the case of a school district in which an exclusive	26486
representative has been established pursuant to Chapter 4117. of	26487
the Revised Code, professional development committees shall be	26488
established in accordance with any collective bargaining agreement	26489
in effect in the district that includes provisions for such	26490
committees.	26491

If the collective bargaining agreement does not specify a	26492
different method for the selection of teacher members of the	26493
committees, the exclusive representative of the district's	26494
teachers shall select the teacher members.	26495

If the collective bargaining agreement does not specify a	26496
different structure for the committees, the board of education of	26497
the school district shall establish the structure, including the	26498
number of committees and the number of teacher and administrative	26499
members on each committee; the specific administrative members to	26500
be part of each committee; whether the scope of the committees	26501
will be district levels, building levels, or by type of grade or	26502
age levels for which educator licenses are designated; the lengths	26503
of terms for members; the manner of filling vacancies on the	26504
committees; and the frequency and time and place of meetings.	26505
However, in all cases, except as provided in division (C)(4) of	26506
this section, there shall be a majority of teacher members of any	26507
professional development committee, there shall be at least five	26508
total members of any professional development committee, and the	26509
exclusive representative shall designate replacement members in	26510
the case of vacancies among teacher members, unless the collective	26511
bargaining agreement specifies a different method of selecting	26512
such replacements.	26513

(4) Whenever an administrator's coursework plan is being	26514
discussed or voted upon, the local professional development	26515
committee shall, at the request of one of its administrative	26516
members, cause a majority of the committee to consist of	26517
administrative members by reducing the number of teacher members	26518
voting on the plan.	26519

(D)(1) The department of education, educational service	26520
centers, county boards of mental retardation and developmental	26521
disabilities, regional professional development centers, special	26522
education regional resource centers, college and university	26523
departments of education, head start programs, the Ohio SchoolNet	26524
commission, and the Ohio education computer network may establish	26525
local professional development committees to determine whether the	26526
coursework proposed by their employees who are licensed or	26527
certificated under this section or section 3319.222 of the Revised	26528
Code meet the requirements of the rules adopted under this	26529
section. They may establish local professional development	26530
committees on their own or in collaboration with a school district	26531
or other agency having authority to establish them.	26532

Local professional development committees established by	26533
county boards of mental retardation and developmental disabilities	26534
shall be structured in a manner comparable to the structures	26535
prescribed for school districts in divisions (C)(2) and (3) of	26536
this section, as shall the committees established by any other	26537
entity specified in division (D)(1) of this section that provides	26538
educational services by employing or contracting for services of	26539
classroom teachers licensed or certificated under this section or	26540
section 3319.222 of the Revised Code. All other entities specified	26541
in division (D)(1) of this section shall structure their	26542
committees in accordance with guidelines which shall be issued by	26543
the state board.	26544

(2) Any public agency that is not specified in division	26545
(D)(1) of this section but provides educational services and	26546
employs or contracts for services of classroom teachers licensed	26547
or certificated under this section or section 3319.222 of the	26548
Revised Code may establish a local professional development	26549
committee, subject to the approval of the department of education.	26550
The committee shall be structured in accordance with guidelines	26551
issued by the state board.	26552

Sec. 3319.33. On or before the first day of August in each	26553
year, the board of education of each city ~~and~~, exempted village,	26554
and local school district shall report to the state board of	26555
education~~, and the board of each local school district shall~~	26556
~~report to the superintendent of the educational service center,~~	26557
the school statistics of its district. Such report shall be made	26558
on forms furnished by the state board of education and shall	26559
contain such information as the state board of education requires.	26560
The report shall also set forth with respect to each civil	26561
proceeding in which the board of education is a defendant and each	26562
civil proceeding in which the board of education is a party and is	26563
not a defendant and in which one of the other parties is a board	26564
of education in this state or an officer, board, or official of	26565
this state:	26566

(A) The nature of the proceeding;

26567

(B) The capacity in which the board is a party to the	26568
proceeding;	26569

(C) The total expenses incurred by the board with respect to	26570
the proceeding;	26571

(D) The total expenses incurred by the board with respect to	26572
the proceeding during the reporting period.	26573

Divisions (A) to (D) of this section do not apply to any	26574
proceeding for which no expenses have been incurred during the	26575
reporting period.	26576

The board of education of each city ~~and~~, exempted village,	26577
and local school district may prepare and publish annually a	26578
report of the condition and administration of the schools under	26579
its supervision which shall include therein an exhibit of the	26580
financial affairs of the district and the information required in	26581
divisions (A) to (D) of this section. Such annual report shall be	26582
for a full year.	26583

Sec. 3319.36. (A) No treasurer of a board of education or	26584
educational service center shall draw a check for the payment of a	26585
teacher for services until the teacher files with the treasurer	26586
both of the following:	26587

(1) Such reports as are required by the state board of	26588
education, the school district board of education, or the	26589
superintendent of schools;	26590

(2) Except for a teacher who is engaged pursuant to section	26591
3319.301 of the Revised Code ~~and except as provided under division~~	26592
~~(B) of this section~~, a written statement from the city or,	26593
exempted village, or local school district superintendent or the	26594
educational service center superintendent that the teacher has	26595
filed with the treasurer a legal educator license or internship	26596
certificate, or true copy of it, to teach the subjects or grades	26597
taught, with the dates of its validity. The state board of	26598
education shall prescribe the record and administration for such	26599
filing of educator licenses and internship certificates in	26600
educational service centers.	26601

(B) ~~If the board of education of a local school district and~~	26602
~~the governing board of the educational service center of which the~~	26603
~~local district is a part have entered into an agreement under~~	26604
~~division (B) of section 3319.07 of the Revised Code, the agreement~~	26605
~~may also require the superintendent of the local school district,~~	26606
~~instead of the superintendent of the educational service center,~~	26607
~~to administer the filing of educator licenses and internship~~	26608
~~certificates for the local school district and to provide to the~~	26609
~~teachers of the district the written statements required in~~	26610
~~division (A)(2) of this section. While such an agreement is in~~	26611
~~effect between a local school district and an educational service~~	26612
~~center, a teacher employed by the local district shall file a~~	26613
~~legal educator license or internship certificate, or true copy of~~	26614
~~it, with the superintendent of the local district and that~~	26615
~~superintendent shall provide to the teacher the written statement~~	26616
~~required by division (A)(2) of this section.~~	26617

~~(C)~~ Notwithstanding division (A) of this section, the	26618
treasurer may pay either of the following:	26619

(1) Any teacher for services rendered during the first two	26620
months of the teacher's initial employment with the school	26621
district or educational service center, provided such teacher is	26622
the holder of a bachelor's degree or higher and has filed with the	26623
state board of education an application for the issuance of a	26624
provisional or professional educator license.	26625

(2) Any substitute teacher for services rendered while	26626
conditionally employed under section 3319.101 of the Revised Code.	26627

~~(D)~~(C) Upon notice to the treasurer given by the state board	26628
of education or any superintendent having jurisdiction that	26629
reports required of a teacher have not been made, the treasurer	26630
shall withhold the salary of the teacher until the required	26631
reports are completed and furnished.	26632

Sec. 3323.16. No unit for deaf children shall be disapproved	26633
for funding under division (B) or (D)(1) of section 3317.05 of the	26634
Revised Code on the basis of the methods of instruction used in	26635
educational programs in the school district or institution to	26636
teach deaf children to communicate, and no preference in approving	26637
units for funding shall be given ~~by the state board~~ for teaching	26638
deaf children by the oral, manual, total communication, or other	26639
method of instruction.	26640

Sec. 3327.01. Notwithstanding division (D) of section	26641
3311.19 and division (D) of section 3311.52 of the Revised Code,	26642
this section and sections 3327.011, 3327.012, and 3327.02 of the	26643
Revised Code do not apply to any joint vocational or cooperative	26644
education school district.	26645

In all city, local, and exempted village school districts	26646
where resident school pupils in grades kindergarten through eight	26647
live more than two miles from the school for which the state board	26648
of education prescribes minimum standards pursuant to division (D)	26649
of section 3301.07 of the Revised Code and to which they are	26650
assigned by the board of education of the district of residence or	26651
to and from the nonpublic or community school which they attend	26652
the board of education shall provide transportation for such	26653
pupils to and from such school except as provided in section	26654
3327.02 of the Revised Code.	26655

In all city, local, and exempted village school districts the	26656
board may provide transportation for resident school pupils in	26657
grades nine through twelve to and from the high school to which	26658
they are assigned by the board of education of the district of	26659
residence or to and from the nonpublic or community high school	26660
which they attend for which the state board of education	26661
prescribes minimum standards pursuant to division (D) of section	26662
3301.07 of the Revised Code.	26663

A board of education shall not be required to transport	26664
elementary or high school pupils to and from a nonpublic or	26665
community school where such transportation would require more than	26666
thirty minutes of direct travel time as measured by school bus	26667
from the ~~collection point as~~public school building to which the	26668
pupils would be assigned if attending the public school designated	26669
by ~~the coordinator of school transportation, appointed under~~	26670
~~section 3327.011 of the Revised Code, for the attendance area of~~	26671
the district of residence.	26672

Where it is impractical to transport a pupil by school	26673
conveyance, a board of education may offer payment, in lieu of	26674
providing such transportation in accordance with section 3327.02	26675
of the Revised Code.	26676

In all city, local, and exempted village school districts the	26677
board shall provide transportation for all children who are so	26678
crippled that they are unable to walk to and from the school for	26679
which the state board of education prescribes minimum standards	26680
pursuant to division (D) of section 3301.07 of the Revised Code	26681
and which they attend. In case of dispute whether the child is	26682
able to walk to and from the school, the health commissioner shall	26683
be the judge of such ability. In all city, exempted village, and	26684
local school districts the board shall provide transportation to	26685
and from school or special education classes for educable mentally	26686
retarded children in accordance with standards adopted by the	26687
state board of education.	26688

When transportation of pupils is provided the conveyance	26689
shall be run on a time schedule that shall be adopted and put in	26690
force by the board not later than ten days after the beginning of	26691
the school term.	26692

The cost of any transportation service authorized by this	26693
section shall be paid first out of federal funds, if any,	26694
available for the purpose of pupil transportation, and secondly	26695
out of state appropriations, in accordance with regulations	26696
adopted by the state board of education.	26697

No transportation of any pupils shall be provided by any	26698
board of education to or from any school which in the selection of	26699
pupils, faculty members, or employees, practices discrimination	26700
against any person on the grounds of race, color, religion, or	26701
national origin.	26702

Sec. 3327.011. ~~Coordinators of school transportation shall~~	26703
~~be appointed according to provisions of section 3301.13 of the~~	26704
~~Revised Code to assure that each pupil, as provided in section~~	26705
~~3327.01 of the Revised Code, is transported to and from the school~~	26706
~~which he attends in a safe, expedient, and economical manner using~~	26707
~~public school collection points, routes, and schedules.~~	26708

In determining how best to provide ~~such~~ transportation, where	26709
persons or firms on or after April 1, 1965, were providing	26710
transportation to and from schools pursuant to contracts with	26711
persons or agencies responsible for the operation of such schools,	26712
~~a coordinator or~~ the board of education responsible for	26713
transportation in accordance with section 3327.01 of the Revised	26714
Code shall give preference if economically feasible during the	26715
term of any such contract to the firm or person providing such	26716
transportation. The boards of education within the county or group	26717
of counties shall ~~recommend to the coordinator of~~establish	26718
transportation routes, schedules, and utilization of	26719
transportation equipment. ~~The coordinator, upon receipt of such~~	26720
~~recommendations, shall establish transportation routes, schedules,~~	26721
~~and utilization of transportation equipment, following such~~	26722
~~recommendations to whatever extent is feasible.~~ The appeals from	26723
the determination of the ~~coordinator~~board of education	26724
responsible for transportation shall be taken to the state board	26725
of education.	26726

Sec. 3329.06. The board of education of each city, exempted	26727
village, and local school district shall furnish, free of charge,	26728
the necessary textbooks to the pupils attending the public	26729
schools. In lieu of textbooks, district boards may furnish	26730
electronic textbooks to pupils attending the public schools,	26731
provided the electronic textbooks are furnished free of charge. A	26732
district board that chooses to furnish electronic textbooks to	26733
pupils attending school in the district shall provide reasonable	26734
access to the electronic textbooks and other necessary computer	26735
equipment to pupils in the district who are required to complete	26736
homework assignments, and teachers providing homework assignments,	26737
utilizing electronic textbooks furnished by the district board.	26738
Pupils wholly or in part supplied with necessary textbooks or	26739
electronic textbooks shall be supplied only as other or new	26740
textbooks or electronic textbooks are needed. ~~A board may limit~~	26741
~~its purchase and ownership of textbooks or electronic textbooks~~	26742
~~needed for its schools to six subjects per year, the cost of which~~	26743
~~shall not exceed twenty-five per cent of the entire cost of~~	26744
~~adoption.~~ All textbooks or electronic textbooks furnished as	26745
provided in this section shall be the property of the district,	26746
and loaned to the pupils on such terms as each such board	26747
prescribes. In order to carry out sections 3329.01 to 3329.10 of	26748
the Revised Code, each board, in the preparation of its annual	26749
budget, shall include as a separate item the amount which the	26750
board finds necessary to administer such sections and such amount	26751
shall not be subject to transfer to any other fund.	26752

Sec. 3329.08. At any regular meeting, the board of education	26753
of each local school district, from lists adopted by the	26754
educational service center governing board, and the board of	26755
education of each city and exempted village school district shall	26756
determine by a majority vote of all members elected or appointed	26757
under division (B) or (F) of section 3311.71 of the Revised Code	26758
which of such textbooks or electronic textbooks so filed shall be	26759
used in the schools under its control. ~~Except for periodic and~~	26760
~~normal updating of electronic textbooks, no textbooks or~~	26761
~~electronic textbooks shall be changed, nor any part thereof~~	26762
~~altered or revised, nor any other textbook or electronic textbook~~	26763
~~substituted therefor, within four years after the date of~~	26764
~~selection and adoption thereof, as shown by the official records~~	26765
~~of such boards, except by the consent, at a regular meeting, of~~	26766
~~four-fifths of all members elected thereto. Textbooks or~~	26767
~~electronic textbooks so substituted shall be adopted for the full~~	26768
~~term of four years.~~	26769

Sec. 3332.04. The state board of career colleges and schools	26770
may appoint an executive director and such other staff as may be	26771
required for the performance of the board's duties and provide	26772
necessary facilities. In selecting an executive director, the	26773
board shall appoint an individual with a background or experience	26774
in the regulation of commerce, business, or education. The board	26775
may also arrange for services and facilities to be provided by the	26776
state board of education and the Ohio board of regents. All	26777
receipts of the board shall be deposited in the state treasury to	26778
the credit of the ~~general revenue~~occupational licensing and	26779
regulatory fund.	26780

Sec. 3333.12. (A) As used in this section:

26781

(1) "Eligible student" means an undergraduate student who is:

26782

(a) An Ohio resident;

26783

(b) Enrolled in either of the following:

26784

(i) An accredited institution of higher education in this	26785
state that meets the requirements of Title VI of the Civil Rights	26786
Act of 1964 and is state-assisted, is nonprofit and has a	26787
certificate of authorization from the Ohio board of regents	26788
pursuant to Chapter 1713. of the Revised Code, has a certificate	26789
of registration from the state board of career colleges and	26790
schools and program authorization to award an associate or	26791
bachelor's degree, or is a private institution exempt from	26792
regulation under Chapter 3332. of the Revised Code as prescribed	26793
in section 3333.046 of the Revised Code. Students who attend an	26794
institution that holds a certificate of registration shall be	26795
enrolled in a program leading to an associate or bachelor's degree	26796
for which associate or bachelor's degree program the institution	26797
has program authorization issued under section 3332.05 of the	26798
Revised Code.	26799

(ii) A technical education program of at least two years	26800
duration sponsored by a private institution of higher education in	26801
this state that meets the requirements of Title VI of the Civil	26802
Rights Act of 1964.	26803

(c) Enrolled as a full-time student or enrolled as a less	26804
than full-time student for the term expected to be the student's	26805
final term of enrollment and is enrolled for the number of credit	26806
hours necessary to complete the requirements of the program in	26807
which the student is enrolled.	26808

(2) "Gross income" includes all taxable and nontaxable income	26809
of the parents, the student, and the student's spouse, except	26810
income derived from an Ohio academic scholarship, income earned by	26811
the student between the last day of the spring term and the first	26812
day of the fall term, and other income exclusions designated by	26813
the board. Gross income may be verified to the board by the	26814
institution in which the student is enrolled using the federal	26815
financial aid eligibility verification process or by other means	26816
satisfactory to the board.	26817

(3) "Resident," "full-time student," "dependent,"	26818
"financially independent," and "accredited" shall be defined by	26819
rules adopted by the board.	26820

(B) The Ohio board of regents shall establish and administer	26821
an instructional grant program and may adopt rules to carry out	26822
this section. The general assembly shall support the instructional	26823
grant program by such sums and in such manner as it may provide,	26824
but the board may also receive funds from other sources to support	26825
the program. If the amounts available for support of the program	26826
are inadequate to provide grants to all eligible students,	26827
preference in the payment of grants shall be given in terms of	26828
income, beginning with the lowest income category of gross income	26829
and proceeding upward by category to the highest gross income	26830
category.	26831

An instructional grant shall be paid to an eligible student	26832
through the institution in which the student is enrolled, except	26833
that no instructional grant shall be paid to any person serving a	26834
term of imprisonment. Applications for such grants shall be made	26835
as prescribed by the board, and such applications may be made in	26836
conjunction with and upon the basis of information provided in	26837
conjunction with student assistance programs funded by agencies of	26838
the United States government or from financial resources of the	26839
institution of higher education. The institution shall certify	26840
that the student applicant meets the requirements set forth in	26841
divisions (A)(1)(b) and (c) of this section. Instructional grants	26842
shall be provided to an eligible student only as long as the	26843
student is making appropriate progress toward a nursing diploma or	26844
an associate or bachelor's degree. No student shall be eligible to	26845
receive a grant for more than ten semesters, fifteen quarters, or	26846
the equivalent of five academic years. A grant made to an eligible	26847
student on the basis of less than full-time enrollment shall be	26848
based on the number of credit hours for which the student is	26849
enrolled and shall be computed in accordance with a formula	26850
adopted by the board. No student shall receive more than one grant	26851
on the basis of less than full-time enrollment.	26852

An instructional grant shall not exceed the total	26853
instructional and general charges of the institution.	26854

(C) The tables in this division prescribe the maximum grant	26855
amounts covering two semesters, three quarters, or a comparable	26856
portion of one academic year. Grant amounts for additional terms	26857
in the same academic year shall be determined under division (D)	26858
of this section.	26859

For a full-time student who is a dependent and enrolled in a	26860
nonprofit educational institution that is not a state-assisted	26861
institution and that has a certificate of authorization issued	26862
pursuant to Chapter 1713. of the Revised Code, the amount of the	26863
instructional grant for two semesters, three quarters, or a	26864
comparable portion of the academic year shall be determined in	26865
accordance with the following table:	26866

Private Institution

26868

Table of Grants

26869

	Maximum Grant $5,466		26870
Gross Income	Number of Dependents		26871

5 or more

26872

$0 - $15,000	$5,466	$5,466	$5,466	$5,466	$5,466	26873
$15,001 - $16,000	4,920	5,466	5,466	5,466	5,466	26874
$16,001 - $17,000	4,362	4,920	5,466	5,466	5,466	26875
$17,001 - $18,000	3,828	4,362	4,920	5,466	5,466	26876
$18,001 - $19,000	3,288	3,828	4,362	4,920	5,466	26877
$19,001 - $22,000	2,736	3,288	3,828	4,362	4,920	26878
$22,001 - $25,000	2,178	2,736	3,288	3,828	4,362	26879
$25,001 - $28,000	1,626	2,178	2,736	3,288	3,828	26880
$28,001 - $31,000	1,344	1,626	2,178	2,736	3,288	26881
$31,001 - $32,000	1,080	1,344	1,626	2,178	2,736	26882
$32,001 - $33,000	984	1,080	1,344	1,626	2,178	26883
$33,001 - $34,000	888	984	1,080	1,344	1,626	26884
$34,001 - $35,000	444	888	984	1,080	1,344	26885
$35,001 - $36,000	--	444	888	984	1,080	26886
$36,001 - $37,000	--	--	444	888	984	26887
$37,001 - $38,000	--	--	--	444	888	26888
$38,001 - $39,000	--	--	--	--	444	26889

For a full-time student who is financially independent and	26890
enrolled in a nonprofit educational institution that is not a	26891
state-assisted institution and that has a certificate of	26892
authorization issued pursuant to Chapter 1713. of the Revised	26893
Code, the amount of the instructional grant for two semesters,	26894
three quarters, or a comparable portion of the academic year shall	26895
be determined in accordance with the following table:	26896

Private Institution

26898

Table of Grants

26899

	Maximum Grant $5,466		26900
Gross Income	Number of Dependents		26901

5 or more

26902

$0 - $4,800	$5,466	$5,466	$5,466	$5,466	$5,466	$5,466	26903
$4,801 - $5,300	4,920	5,466	5,466	5,466	5,466	5,466	26904
$5,301 - $5,800	4,362	~~4,920~~	5,466	5,466	5,466	5,466	26905
		5,196					26906
$5,801 - $6,300	3,828	~~4,362~~	~~4,920~~	5,466	5,466	5,466	26907
		4,914	5,196				26908
$6,301 - $6,800	3,288	~~3,828~~	~~4,362~~	~~4,920~~	5,466	5,466	26909
		4,650	4,914	5,196			26910
$6,801 - $7,300	2,736	~~3,288~~	~~3,828~~	~~4,362~~	~~4,920~~	5,466	26911
		4,380	4,650	4,914	5,196		26912
$7,301 - $8,300	2,178	~~2,736~~	~~3,288~~	~~3,828~~	~~4,362~~	~~4,920~~	26913
		4,104	4,380	4,650	4,914	5,196	26914
$8,301 - $9,300	1,626	~~2,178~~	~~2,736~~	~~3,288~~	~~3,828~~	~~4,362~~	26915
		3,822	4,104	4,380	4,650	4,914	26916
$9,301 - $10,300	1,344	~~1,626~~	~~2,178~~	~~2,736~~	~~3,288~~	~~3,828~~	26917
		3,546	3,822	4,104	4,380	4,650	26918
$10,301 - $11,800	1,080	~~1,344~~	~~1,626~~	~~2,178~~	~~2,736~~	~~3,288~~	26919
		3,408	3,546	3,822	4,104	4,380	26920
$11,801 - $13,300	984	~~1,080~~	~~1,344~~	~~1,626~~	~~2,178~~	~~2,736~~	26921
		3,276	3,408	3,546	3,822	4,104	26922
$13,301 - $14,800	888	~~984~~	~~1,080~~	~~1,344~~	~~1,626~~	~~2,178~~	26923
		3,228	3,276	3,408	3,546	3,822	26924
$14,801 - $16,300	444	~~888~~	~~984~~	~~1,080~~	~~1,344~~	~~1,626~~	26925
		2,904	3,228	3,276	3,408	3,546	26926
$16,301 - $19,300	--	~~444~~	~~888~~	~~984~~	~~1,080~~	~~1,344~~	26927
		2,136	2,628	2,952	3,276	3,408	26928
$19,301 - $22,300	--	--	~~444~~	~~888~~	~~984~~	~~1,080~~	26929
		1,368	1,866	2,358	2,676	3,000	26930
$22,301 - $25,300	--	--	--	~~444~~	~~888~~	~~984~~	26931
		1,092	1,368	1,866	2,358	2,676	26932
$25,301 - $30,300	--	--	--	--	~~444~~	~~888~~	26933
		816	1,092	1,368	1,866	2,358	26934
$30,301 - $35,300	--	--	--	--	--	~~444~~	26935
		492	540	672	816	1,314	26936

For a full-time student who is a dependent and enrolled in an	26937
educational institution that holds a certificate of registration	26938
from the state board of career colleges and schools or a private	26939
institution exempt from regulation under Chapter 3332. of the	26940
Revised Code as prescribed in section 3333.046 of the Revised	26941
Code, the amount of the instructional grant for two semesters,	26942
three quarters, or a comparable portion of the academic year shall	26943
be determined in accordance with the following table:	26944

Career Institution

26945

Table of Grants

26946

	Maximum Grant $4,632		26947
Gross Income	Number of Dependents		26948

5 or more

26949

$0 - $15,000	$4,632	$4,632	$4,632	$4,632	$4,632	26950
$15,001 - $16,000	4,182	4,632	4,632	4,632	4,632	26951
$16,001 - $17,000	3,684	4,182	4,632	4,632	4,632	26952
$17,001 - $18,000	3,222	3,684	4,182	4,632	4,632	26953
$18,001 - $19,000	2,790	3,222	3,684	4,182	4,632	26954
$19,001 - $22,000	2,292	2,790	3,222	3,684	4,182	26955
$22,001 - $25,000	1,854	2,292	2,790	3,222	3,684	26956
$25,001 - $28,000	1,416	1,854	2,292	2,790	3,222	26957
$28,001 - $31,000	1,134	1,416	1,854	2,292	2,790	26958
$31,001 - $32,000	906	1,134	1,416	1,854	2,292	26959
$32,001 - $33,000	852	906	1,134	1,416	1,854	26960
$33,001 - $34,000	750	852	906	1,134	1,416	26961
$34,001 - $35,000	372	750	852	906	1,134	26962
$35,001 - $36,000	--	372	750	852	906	26963
$36,001 - $37,000	--	--	372	750	852	26964
$37,001 - $38,000	--	--	--	372	750	26965
$38,001 - $39,000	--	--	--	--	372	26966

For a full-time student who is financially independent and	26967
enrolled in an educational institution that holds a certificate of	26968
registration from the state board of career colleges and schools	26969
or a private institution exempt from regulation under Chapter	26970
3332. of the Revised Code as prescribed in section 3333.046 of the	26971
Revised Code, the amount of the instructional grant for two	26972
semesters, three quarters, or a comparable portion of the academic	26973
year shall be determined in accordance with the following table:	26974

Career Institution

26975

Table of Grants

26976

	Maximum Grant $4,632		26977
Gross Income	Number of Dependents		26978

5 or more

26979

$0 - $4,800	$4,632	$4,632	$4,632	$4,632	$4,632	$4,632	26980
$4,801 - $5,300	4,182	4,632	4,632	4,632	4,632	4,632	26981
$5,301 - $5,800	3,684	~~4,182~~	4,632	4,632	4,632	4,632	26982
		4,410					26983
$5,801 - $6,300	3,222	~~3,684~~	~~4,182~~	4,632	4,632	4,632	26984
		4,158	4,410				26985
$6,301 - $6,800	2,790	~~3,222~~	~~3,684~~	~~4,182~~	4,632	4,632	26986
		3,930	4,158	4,410			26987
$6,801 - $7,300	2,292	~~2,790~~	~~3,222~~	~~3,684~~	~~4,182~~	4,632	26988
		3,714	3,930	4,158	4,410		26989
$7,301 - $8,300	1,854	~~2,292~~	~~2,790~~	~~3,222~~	~~3,684~~	~~4,182~~	26990
		3,462	3,714	3,930	4,158	4,410	26991
$8,301 - $9,300	1,416	~~1,854~~	~~2,292~~	~~2,790~~	~~3,222~~	~~3,684~~	26992
		3,246	3,462	3,714	3,930	4,158	26993
$9,301 - $10,300	1,134	~~1,416~~	~~1,854~~	~~2,292~~	~~2,790~~	~~3,222~~	26994
		3,024	3,246	3,462	3,714	3,930	26995
$10,301 - $11,800	906	~~1,134~~	~~1,416~~	~~1,854~~	~~2,292~~	~~2,790~~	26996
		2,886	3,024	3,246	3,462	3,714	26997
$11,801 - $13,300	852	~~906~~	~~1,134~~	~~1,416~~	~~1,854~~	~~2,292~~	26998
		2,772	2,886	3,024	3,246	3,462	26999
$13,301 - $14,800	750	~~852~~	~~906~~	~~1,134~~	~~1,416~~	~~1,854~~	27000
		2,742	2,772	2,886	3,024	3,246	27001
$14,801 - $16,300	372	~~750~~	~~852~~	~~906~~	~~1,134~~	~~1,416~~	27002
		2,466	2,742	2,772	2,886	3,024	27003
$16,301 - $19,300	--	~~372~~	~~750~~	~~852~~	~~906~~	~~1,134~~	27004
		1,800	2,220	2,520	2,772	2,886	27005
$19,301 - $22,300	--	--	~~372~~	~~750~~	~~852~~	~~906~~	27006
		1,146	1,584	1,986	2,268	2,544	27007
$22,301 - $25,300	--	--	--	~~372~~	~~750~~	~~852~~	27008
		930	1,146	1,584	1,986	2,268	27009
$25,301 - $30,300	--	--	--	--	~~372~~	~~750~~	27010
		708	930	1,146	1,584	1,986	27011
$30,301 - $35,300	--	--	--	--	--	~~372~~	27012
		426	456	570	708	1,116	27013

For a full-time student who is a dependent and enrolled in a	27014
state-assisted educational institution, the amount of the	27015
instructional grant for two semesters, three quarters, or a	27016
comparable portion of the academic year shall be determined in	27017
accordance with the following table:	27018

Public Institution

27019

Table of Grants

27020

	Maximum Grant $2,190		27021
Gross Income	Number of Dependents		27022

5 or more

27023

$0 - $15,000	$2,190	$2,190	$2,190	$2,190	$2,190	27024
$15,001 - $16,000	1,974	2,190	2,190	2,190	2,190	27025
$16,001 - $17,000	1,740	1,974	2,190	2,190	2,190	27026
$17,001 - $18,000	1,542	1,740	1,974	2,190	2,190	27027
$18,001 - $19,000	1,320	1,542	1,740	1,974	2,190	27028
$19,001 - $22,000	1,080	1,320	1,542	1,740	1,974	27029
$22,001 - $25,000	864	1,080	1,320	1,542	1,740	27030
$25,001 - $28,000	648	864	1,080	1,320	1,542	27031
$28,001 - $31,000	522	648	864	1,080	1,320	27032
$31,001 - $32,000	420	522	648	864	1,080	27033
$32,001 - $33,000	384	420	522	648	864	27034
$33,001 - $34,000	354	384	420	522	648	27035
$34,001 - $35,000	174	354	384	420	522	27036
$35,001 - $36,000	--	174	354	384	420	27037
$36,001 - $37,000	--	--	174	354	384	27038
$37,001 - $38,000	--	--	--	174	354	27039
$38,001 - $39,000	--	--	--	--	174	27040

For a full-time student who is financially independent and	27041
enrolled in a state-assisted educational institution, the amount	27042
of the instructional grant for two semesters, three quarters, or a	27043
comparable portion of the academic year shall be determined in	27044
accordance with the following table:	27045

Public Institution

27046

Table of Grants

27047

	Maximum Grant $2,190		27048
Gross Income	Number of Dependents		27049

5 or more

27050

$0 - $4,800	$2,190	$2,190	$2,190	$2,190	$2,190	$2,190	27051
$4,801 - $5,300	1,974	2,190	2,190	2,190	2,190	2,190	27052
$5,301 - $5,800	1,740	~~1,974~~	2,190	2,190	2,190	2,190	27053
		2,082					27054
$5,801 - $6,300	1,542	~~1,740~~	~~1,974~~	2,190	2,190	2,190	27055
		1,968	2,082				27056
$6,301 - $6,800	1,320	~~1,542~~	~~1,740~~	~~1,974~~	2,190	2,190	27057
		1,866	1,968	2,082			27058
$6,801 - $7,300	1,080	~~1,320~~	~~1,542~~	~~1,740~~	~~1,974~~	2,190	27059
		1,758	1,866	1,968	2,082		27060
$7,301 - $8,300	864	~~1,080~~	~~1,320~~	~~1,542~~	~~1,740~~	~~1,974~~	27061
		1,638	1,758	1,866	1,968	2,082	27062
$8,301 - $9,300	648	~~864~~	~~1,080~~	~~1,320~~	~~1,542~~	~~1,740~~	27063
		1,530	1,638	1,758	1,866	1,968	27064
$9,301 - $10,300	522	~~648~~	~~864~~	~~1,080~~	~~1,320~~	~~1,542~~	27065
		1,422	1,530	1,638	1,758	1,866	27066
$10,301 - $11,800	420	~~522~~	~~648~~	~~864~~	~~1,080~~	~~1,320~~	27067
		1,356	1,422	1,530	1,638	1,758	27068
$11,801 - $13,300	384	~~420~~	~~522~~	~~648~~	~~864~~	~~1,080~~	27069
		1,308	1,356	1,422	1,530	1,638	27070
$13,301 - $14,800	354	~~384~~	~~420~~	~~522~~	~~648~~	~~864~~	27071
		1,290	1,308	1,356	1,422	1,530	27072
$14,801 - $16,300	174	~~354~~	~~384~~	~~420~~	~~522~~	~~648~~	27073
		1,164	1,290	1,308	1,356	1,422	27074
$16,301 - $19,300	--	~~174~~	~~354~~	~~384~~	~~420~~	~~522~~	27075
		858	1,050	1,182	1,308	1,356	27076
$19,301 - $22,300	--	--	~~174~~	~~354~~	~~384~~	~~420~~	27077
		540	750	948	1,062	1,200	27078
$22,301 - $25,300	--	--	--	~~174~~	~~354~~	~~384~~	27079
		432	540	750	948	1,062	27080
$25,301 - $30,300	--	--	--	--	~~174~~	~~354~~	27081
		324	432	540	750	948	27082
$30,301 - $35,300	--	--	--	--	--	~~174~~	27083
		192	210	264	324	522	27084

(D) For a full-time student enrolled in an eligible	27085
institution for a semester or quarter in addition to the portion	27086
of the academic year covered by a grant determined under division	27087
(C) of this section, the maximum grant amount shall be a	27088
percentage of the maximum prescribed in the applicable table of	27089
that division. The maximum grant for a fourth quarter shall be	27090
one-third of the maximum amount prescribed under that division.	27091
The maximum grant for a third semester shall be one-half of the	27092
maximum amount prescribed under that division.	27093

(E) No grant shall be made to any student in a course of	27094
study in theology, religion, or other field of preparation for a	27095
religious profession unless such course of study leads to an	27096
accredited bachelor of arts, bachelor of science, associate of	27097
arts, or associate of science degree.	27098

(F)(1) Except as provided in division (F)(2) of this section,	27099
no grant shall be made to any student for enrollment during a	27100
fiscal year in an institution with a cohort default rate	27101
determined by the United States secretary of education pursuant to	27102
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	27103
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	27104
preceding the fiscal year, equal to or greater than thirty per	27105
cent for each of the preceding two fiscal years.	27106

(2) Division (F)(1) of this section does not apply to the	27107
following:	27108

(a) Any student enrolled in an institution that under the	27109
federal law appeals its loss of eligibility for federal financial	27110
aid and the United States secretary of education determines its	27111
cohort default rate after recalculation is lower than the rate	27112
specified in division (F)(1) of this section or the secretary	27113
determines due to mitigating circumstances the institution may	27114
continue to participate in federal financial aid programs. The	27115
board shall adopt rules requiring institutions to provide	27116
information regarding an appeal to the board.	27117

(b) Any student who has previously received a grant under	27118
this section who meets all other requirements of this section.	27119

(3) The board shall adopt rules for the notification of all	27120
institutions whose students will be ineligible to participate in	27121
the grant program pursuant to division (F)(1) of this section.	27122

(4) A student's attendance at an institution whose students	27123
lose eligibility for grants under division (F)(1) of this section	27124
shall not affect that student's eligibility to receive a grant	27125
when enrolled in another institution.	27126

(G) Institutions of higher education that enroll students	27127
receiving instructional grants under this section shall report to	27128
the board all students who have received instructional grants but	27129
are no longer eligible for all or part of such grants and shall	27130
refund any moneys due the state within thirty days after the	27131
beginning of the quarter or term immediately following the quarter	27132
or term in which the student was no longer eligible to receive all	27133
or part of the student's grant. There shall be an interest charge	27134
of one per cent per month on all moneys due and payable after such	27135
thirty-day period. The board shall immediately notify the office	27136
of budget and management and the legislative service commission of	27137
all refunds so received.	27138

Sec. 3333.16. As used in this section "state institution of	27139
higher education" means an institution of higher education as	27140
defined in section 3345.12 of the Revised Code.	27141

(A) By April 15, 2005, the Ohio board of regents shall do all	27142
of the following:	27143

(1) Establish policies and procedures applicable to all state	27144
institutions of higher education that ensure that students can	27145
begin higher education at any state institution of higher	27146
education and transfer coursework and degrees to any other state	27147
institution of higher education without unnecessary duplication or	27148
institutional barriers. The purpose of this requirement is to	27149
allow students to attain their highest educational aspirations in	27150
the most efficient and effective manner for the students and the	27151
state. These policies and procedures shall require state	27152
institutions of higher education to make changes or modifications,	27153
as needed, to strengthen course content so as to ensure	27154
equivalency for that course at any state institution of higher	27155
education.	27156

(2) Develop and implement a universal course equivalency	27157
classification system for state institutions of higher education	27158
so that the transfer of students and the transfer and articulation	27159
of equivalent courses or specified learning modules or units	27160
completed by students are not inhibited by inconsistent judgment	27161
about the application of transfer credits. Coursework completed	27162
within such a system at one state institution of higher education	27163
and transferred to another institution shall be applied to the	27164
student's degree objective in the same manner as equivalent	27165
coursework completed at the receiving institution.	27166

(3) Develop a system of transfer policies that ensure that	27167
graduates with associate degrees which include completion of	27168
approved transfer modules shall be admitted to a state institution	27169
of higher education baccalaureate program, except specific limited	27170
access programs or majors that have admission requirements other	27171
than academic performance, and shall have priority over	27172
out-of-state associate degree graduates and transfer students. To	27173
assist a student in advising and transferring, all state	27174
institutions of higher education shall fully implement the course	27175
applicability system.	27176

(4) Examine the feasibility of developing a transfer	27177
marketing agenda that includes materials and interactive	27178
technology to inform the citizens of Ohio about the availability	27179
of transfer options at state institutions of higher education and	27180
to encourage adults to return to colleges and universities for	27181
additional education.	27182

(B) By April 15, 2004, the board shall report to the general	27183
assembly on its progress in attaining completion of the actions	27184
prescribed in division (A) of this section.	27185

(C) All provisions of the existing articulation and transfer	27186
policy developed by the board shall remain in effect except where	27187
amended by this act.	27188

Sec. 3333.38. (A) As used in this section:

27189

(1) "Institution of higher education" includes all of the	27190
following:	27191

(a) A state institution of higher education, as defined in	27192
section 3345.011 of the Revised Code;	27193

(b) A nonprofit institution issued a certificate of	27194
authorization by the Ohio board of regents under Chapter 1713. of	27195
the Revised Code;	27196

(c) A private institution exempt from regulation under	27197
Chapter 3332. of the Revised Code, as prescribed in section	27198
3333.046 of the Revised Code;	27199

(d) An institution of higher education with a certificate of	27200
registration from the state board of career colleges and schools	27201
under Chapter 3332. of the Revised Code.	27202

(2) "Student financial assistance supported by state funds"	27203
includes assistance granted under sections 3315.33, 3333.12,	27204
3333.22, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 5910.03,	27205
5910.032, and 5919.34 of the Revised Code and any other	27206
post-secondary student financial assistance supported by state	27207
funds.	27208

(B) An individual who commits an offense listed in this	27209
division while enrolled in an institution of higher education	27210
shall be ineligible to receive any student financial assistance	27211
supported by state funds, as provided in division (C) of this	27212
section, if the individual is convicted of, pleads guilty to, or	27213
is adjudicated a delinquent child for one of the following	27214
offenses:	27215

(1) A violation of section 2917.02 or 2917.03 of the Revised	27216
Code;	27217

(2) A violation of section 2917.04 of the Revised Code that	27218
is a misdemeanor of the fourth degree and occurs within the	27219
proximate area where four or more others are acting in a course of	27220
conduct in violation of section 2917.11 of the Revised Code;	27221

(3) A violation of section 2917.13 of the Revised Code that	27222
is a misdemeanor of the fourth or first degree and occurs within	27223
the proximate area where four or more others are acting in a	27224
course of conduct in violation of section 2917.11 of the Revised	27225
Code.	27226

(C) An individual who pleads guilty to, is convicted of, or	27227
is adjudicated a delinquent child for a violation included in	27228
division (B) of this section shall be permanently ineligible to	27229
receive any student financial assistance supported by state funds.	27230

Sec. 3353.11. There is hereby created in the state treasury	27231
the governmental television/telecommunications operating fund. The	27232
fund shall consist of money received from contract productions of	27233
the Ohio government telecommunications studio and shall be used	27234
for operations or equipment breakdowns related to the studio. Only	27235
Ohio government telecommunications may authorize the spending of	27236
money in the fund. All investment earnings of the fund shall be	27237
credited to the fund. Once the fund has a balance of zero, the	27238
fund shall cease to exist.	27239

Sec. 3361.01. (A) There is hereby created a state university	27240
to be known as the "university of Cincinnati." The government of	27241
the university of Cincinnati is vested in a board of eleven	27242
trustees who shall be appointed by the governor with the advice	27243
and consent of the senate. Two of the trustees shall be students	27244
at the university of Cincinnati, and their selection and terms	27245
shall be in accordance with division (B) of this section. The	27246
terms of the first nine members of the board of trustees shall	27247
commence upon the effective date of the transfer of assets of the	27248
state-affiliated university of Cincinnati to the university of	27249
Cincinnati hereby created. One of such trustees shall be appointed	27250
for a term ending on the first day of January occurring at least	27251
twelve months after such date of transfer, and each of the other	27252
trustees shall be appointed for respective terms ending on each	27253
succeeding first day of January, so that one term will expire on	27254
each first day of January after expiration of the shortest term.	27255
Except for the two student trustees, each successor trustee shall	27256
be appointed for a term ending on the first day of January, nine	27257
years from the expiration date of the term hethe trustee	27258
succeeds, except that any person appointed to fill a vacancy shall	27259
be appointed to serve only for the unexpired term.	27260

Any trustee shall continue in office subsequent to the	27261
expiration date of ~~his~~the trustee's term until ~~his~~the trustee's	27262
successor takes office, or until a period of sixty days has	27263
elapsed, whichever occurs first.	27264

No person who has served a full nine-year term or longer or	27265
more than six years of such a term shall be eligible to	27266
reappointment. ~~No person is eligible for appointment to the board~~	27267
~~of trustees for a full nine-year term who is not at the time of~~	27268
~~appointment a resident of the city of Cincinnati, unless at the~~	27269
~~time of such appointment there are at least five members of the~~	27270
~~board who are not students and who are residents of the city of~~	27271
~~Cincinnati.~~	27272

The trustees shall receive no compensation for their services	27273
but shall be paid their reasonable necessary expenses while	27274
engaged in the discharge of their official duties. A majority of	27275
the board constitutes a quorum.	27276

(B) The student members of the board of trustees of the	27277
university of Cincinnati have no voting power on the board.	27278
Student members shall not be considered as members of the board in	27279
determining whether a quorum is present. Student members shall not	27280
be entitled to attend executive sessions of the board. The student	27281
members of the board shall be appointed by the governor, with the	27282
advice and consent of the senate, from a group of five candidates	27283
selected pursuant to a procedure adopted by the university's	27284
student governments and approved by the university's board of	27285
trustees. The initial term of office of one of the student members	27286
shall commence on May 14, 1988 and shall expire on May 13, 1989,	27287
and the initial term of office of the other student member shall	27288
commence on May 14, 1988 and expire on May 13, 1990. Thereafter,	27289
terms of office of student members shall be for two years, each	27290
term ending on the same day of the same month of the year as the	27291
term it succeeds. In the event that a student cannot fulfill ~~his~~a	27292
two-year term, a replacement shall be selected to fill the	27293
unexpired term in the same manner used to make the original	27294
selection.	27295

" Sec. 3375.41. When a board of library trustees appointed	27296
pursuant to sections 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,	27297
and 3375.30 of the Revised Code determines to construct, demolish,	27298
alter, repair, or reconstruct a library or make any improvements	27299
or repairs, the cost of which will exceed ~~fifteen~~twenty-five	27300
thousand dollars, except in cases of urgent necessity or for the	27301
security and protection of library property, it shall proceed as	27302
follows:	27303

(A) The board shall advertise for a period of four weeks for	27304
bids in some newspaper of general circulation in the district, and	27305
if there are two such papers, the board shall advertise in both of	27306
them. If no newspaper has a general circulation in the district,	27307
the board shall advertise by posting ~~such~~the advertisement in	27308
three public places ~~therein~~in the district. ~~Such~~The	27309
advertisement shall be entered in full by the clerk on the record	27310
of proceedings of the board.	27311

(B) The sealed bids shall be filed with the clerk by twelve	27312
noon of the last day stated in the advertisement.	27313

(C) The bids shall be opened at the next meeting of the	27314
board, shall be publicly read by the clerk, and shall be entered	27315
in full on the records of the board; provided, that the board ~~may~~,	27316
by resolution, may provide for the public opening and reading of	27317
~~such~~the bids by the clerk, immediately after the time for filing	27318
~~such~~the bids has expired, at the usual place of meeting of the	27319
board, and for the tabulation of ~~such~~the bids and a report of	27320
~~such~~the tabulation to the board at its next meeting.	27321

(D) Each bid shall contain the name of every person	27322
interested ~~therein,~~in it and shall meet the requirements of	27323
section 153.54 of the Revised Code.	27324

(E) When both labor and materials are embraced in the work	27325
bid for, the board may require that each be separately stated in	27326
the bid, with the price ~~thereof~~of each, or may require that bids	27327
be submitted without ~~such~~that separation.	27328

(F) None but the lowest responsible bid shall be accepted.	27329
The board may reject all the bids or accept any bid for both labor	27330
and material for ~~such~~the improvement or repair which is the	27331
lowest in the aggregate.	27332

(G) The contract shall be between the board and the bidders.	27333
The board shall pay the contract price for the work in cash at the	27334
times and in the amounts as provided by sections 153.12, 153.13,	27335
and 153.14 of the Revised Code.	27336

(H) When two or more bids are equal, in whole or in part, and	27337
are lower than any others, either may be accepted, but in no case	27338
shall the work be divided between such bidders.	27339

(I) When there is reason to believe there is collusion or	27340
combination among the bidders, the bids of those concerned in ~~such~~	27341
the collusion or combination shall be rejected.	27342

Sec. 3377.01. As used in Chapter 3377. of the Revised Code:

27343

(A) "Educational institution" or "institution" means an	27344
educational institution organized not for profit and holding an	27345
effective certificate of authorization issued under section	27346
1713.02 of the Revised Code. It does not include any institution	27347
created by or in accordance with Title XXXIII of the Revised Code	27348
nor any institution whose principal educational activity is	27349
preparing students for or granting degrees, diplomas, and other	27350
marks of deficiency which have value only in religious and	27351
ecclesiastical fields.	27352

(B) "Educational facility" or "facility" means any building,	27353
structure, facility, equipment, machinery, utility, or	27354
improvement, site, or other interest in real estate therefor or	27355
pertinent thereto, and equipment and furnishings to be used	27356
therein or in connection therewith, together with any	27357
appurtenances necessary or convenient to the uses thereof, to be	27358
used for or in connection with the conduct or operation of an	27359
educational institution, including but not limited to, classrooms	27360
and other instructional facilities, laboratories, research	27361
facilities, libraries, study facilities, administrative and office	27362
facilities, museums, gymnasiums, campus walks, drives and site	27363
improvements, dormitories and other suitable living quarters or	27364
accommodations, dining halls and other food service and	27365
preparation facilities, student services or activity facilities,	27366
physical education, athletic and recreational facilities,	27367
theatres, auditoriums, assembly and exhibition halls, greenhouses,	27368
agricultural buildings and facilities, parking, storage and	27369
maintenance facilities, infirmary, hospital, medical, and health	27370
facilities, continuing education facilities, communications, fire	27371
prevention, and fire fighting facilities, and any one, or any	27372
combination of the foregoing, whether or not comprising part of	27373
one building, structure, or facility. It does not include any	27374
facility used ~~for sectarian instruction or study or~~exclusively as	27375
a place for devotional activities ~~or religious worship~~.	27376

(C) "Bond proceedings" means the resolution or resolutions,	27377
the trust agreement, the indenture of mortgage, or combination	27378
thereof authorizing or providing for the terms and conditions	27379
applicable to bonds issued under authority of Chapter 3377. of the	27380
Revised Code.	27381

(D) "Pledged facilities" means the project or other property	27382
that is mortgaged or the rentals, revenues, and other income,	27383
charges, and moneys from which are pledged, or both, for the	27384
payment of or the security for the payment of the principal of and	27385
interest on the bonds issued under the authority of section	27386
3377.05 or 3377.06 of the Revised Code.	27387

(E) "Project" means real or personal property, or both,	27388
acquired by gift or purchase, constructed, reconstructed,	27389
enlarged, remodeled, renovated, improved, furnished, or equipped,	27390
or any combination thereof, by or financed by the Ohio higher	27391
educational facility commission, or by funds that are refinanced	27392
or reimbursed by the commission for use by an educational	27393
institution as an educational facility located within the state.	27394

(F) "Project costs" means the costs of acquiring,	27395
constructing, equipping, furnishing, reconstructing, remodeling,	27396
renovating, enlarging, and improving educational facilities	27397
comprising one or more project, including costs connected with or	27398
incidental thereto, provision of capitalized interest prior to and	27399
during construction and for a period after the completion of the	27400
construction, appropriate reserves, architectural, engineering,	27401
financial, and legal services, and all other costs of financing,	27402
and the repayment or restoration of moneys borrowed or advanced	27403
for such purposes or temporarily used therefor from other sources,	27404
and means the costs of refinancing obligations issued or loans	27405
incurred by, or reimbursement of money advanced, invested or	27406
expended by, educational institutions or others the proceeds of	27407
which obligations or loans or the amounts advanced, invested or	27408
expended were used at any time for the payment of project costs,	27409
if the Ohio higher educational facility commission determines that	27410
the refinancing or reimbursement advances the purposes of this	27411
chapter, whether or not the refinancing or reimbursement is in	27412
conjunction with the acquisition or construction of additional	27413
educational facilities.	27414

Sec. 3377.06. In anticipation of the issuance of bonds	27415
authorized by section 3377.05 of the Revised Code, the Ohio higher	27416
educational facility commission may issue bond anticipation notes	27417
of the state and may renew the same from time to time by the	27418
issuance of new notes, but the maximum maturity of such notes,	27419
including renewals thereof, shall not exceed five years from the	27420
date of the issuance of the original notes. Such notes are payable	27421
solely from the revenues and receipts that may be pledged to the	27422
payment of such bonds or from the proceeds of such bonds, or both,	27423
as the commission provides in its resolution authorizing such	27424
notes, and may be additionally secured by covenants of the	27425
commission to the effect that the commission will do such or all	27426
things necessary for the issuance of such bonds, or of renewal	27427
notes under this section in appropriate amount, and either	27428
exchange such bonds or renewal notes therefor or apply the	27429
proceeds thereof to the extent necessary to make full payment on	27430
such notes at the time or times contemplated, as provided in such	27431
resolution. Subject to the provisions of this section, all	27432
provisions for and references to bonds in Chapter 3377. of the	27433
Revised Code are applicable to notes authorized under this section	27434
and any references therein to bondholders shall include holders or	27435
owners of such notes.	27436

Prior to the sale of bonds or notes authorized under section	27437
3377.05 or 3377.06 of the Revised Code, the commission shall	27438
determine that the project to be financed thereby will contribute	27439
to the objectives stated in section 3377.02 of the Revised Code	27440
and that the educational institution to which such project is to	27441
be leased, sold, exchanged, or otherwise disposed of, admits	27442
students without discrimination by reason of race, creed, color,	27443
or national origin. Nothing in this section prohibits an	27444
educational institution from requesting that its applicants for	27445
admission demonstrate beliefs or principles consistent with the	27446
mission of the institution.	27447

Sec. 3379.11. There is hereby created in the state treasury	27448
the gifts and donations fund. The fund shall consist of gifts and	27449
donations made to the Ohio arts council and fees paid for	27450
conferences the council sponsors. The fund shall be used to pay	27451
for the council's operating expenses, including, but not limited	27452
to, payroll, personal services, maintenance, equipment, and	27453
subsidy payments. All moneys deposited into the fund shall be	27454
received and expended pursuant to the council's duty to foster and	27455
encourage the development of the arts in this state and the	27456
preservation of the state's cultural heritage.	27457

Sec. 3383.01. As used in this chapter:

27458

(A) "Arts" means any of the following:

27459

(1) Visual, musical, dramatic, graphic, design, and other	27460
arts, including, but not limited to, architecture, dance,	27461
literature, motion pictures, music, painting, photography,	27462
sculpture, and theater, and the provision of training or education	27463
in these arts;	27464

(2) The presentation or making available, in museums or other	27465
indoor or outdoor facilities, of principles of science and their	27466
development, use, or application in business, industry, or	27467
commerce or of the history, heritage, development, presentation,	27468
and uses of the arts described in division (A)(1) of this section	27469
and of transportation;	27470

(3) The preservation, presentation, or making available of	27471
features of archaeological, architectural, environmental, or	27472
historical interest or significance in a state historical facility	27473
or a local historical facility.	27474

(B) "Arts organization" means either of the following:

27475

(1) A governmental agency or Ohio nonprofit corporation that	27476
provides programs or activities in areas directly concerned with	27477
the arts;	27478

(2) A regional arts and cultural district as defined in	27479
section 3381.01 of the Revised Code.	27480

(C) "Arts project" means all or any portion of an Ohio arts	27481
facility for which the general assembly has specifically	27482
authorized the spending of money, or made an appropriation,	27483
pursuant to division (D)(3) or (E) of section 3383.07 of the	27484
Revised Code.	27485

(D) "Cooperative contract" means a contract between the Ohio	27486
arts and sports facilities commission and an arts organization	27487
providing the terms and conditions of the cooperative use of an	27488
Ohio arts facility.	27489

(E) "Costs of operation" means amounts required to manage an	27490
Ohio arts facility that are incurred following the completion of	27491
construction of its arts project, provided that both of the	27492
following apply:	27493

(1) Those amounts either:

27494

(a) Have been committed to a fund dedicated to that purpose;

27495

(b) Equal the principal of any endowment fund, the income	27496
from which is dedicated to that purpose.	27497

(2) The commission and the arts organization have executed an	27498
agreement with respect to either of those funds.	27499

(F) "General building services" means general building	27500
services for an Ohio arts facility or an Ohio sports facility,	27501
including, but not limited to, general custodial care, security,	27502
maintenance, repair, painting, decoration, cleaning, utilities,	27503
fire safety, grounds and site maintenance and upkeep, and	27504
plumbing.	27505

(G) "Governmental agency" means a state agency, a	27506
state-supported or state-assisted institution of higher education,	27507
a municipal corporation, county, township, or school district, a	27508
port authority created under Chapter 4582. of the Revised Code,	27509
any other political subdivision or special district in this state	27510
established by or pursuant to law, or any combination of these	27511
entities; except where otherwise indicated, the United States or	27512
any department, division, or agency of the United States, or any	27513
agency, commission, or authority established pursuant to an	27514
interstate compact or agreement.	27515

(H) "Local contributions" means the value of an asset	27516
provided by or on behalf of an arts organization from sources	27517
other than the state, the value and nature of which shall be	27518
approved by the Ohio arts and sports facilities commission, in its	27519
sole discretion. "Local contributions" may include the value of	27520
the site where an arts project is to be constructed. All "local	27521
contributions," except a contribution attributable to such a site,	27522
shall be for the costs of construction of an arts project or the	27523
costs of operation of an arts facility.	27524

(I) "Local historical facility" means a site or facility,	27525
other than a state historical facility, of archaeological,	27526
architectural, environmental, or historical interest or	27527
significance, or a facility, including a storage facility,	27528
appurtenant to the operations of such a site or facility, that is	27529
owned by an arts organization, provided the facility meets the	27530
requirements of division (K)(2)(b) of this section, is managed by	27531
or pursuant to a contract with the Ohio arts and sports facilities	27532
commission, and is used for or in connection with the activities	27533
of the commission, including the presentation or making available	27534
of arts to the public.	27535

(J) "Manage," "operate," or "management" means the provision	27536
of, or the exercise of control over the provision of, activities:	27537

(1) Relating to the arts for an Ohio arts facility, including	27538
as applicable, but not limited to, providing for displays,	27539
exhibitions, specimens, and models; booking of artists,	27540
performances, or presentations; scheduling; and hiring or	27541
contracting for directors, curators, technical and scientific	27542
staff, ushers, stage managers, and others directly related to the	27543
arts activities in the facility; but not including general	27544
building services;	27545

(2) Relating to sports and athletic events for an Ohio sports	27546
facility, including as applicable, but not limited to, providing	27547
for booking of athletes, teams, and events; scheduling; and hiring	27548
or contracting for staff, ushers, managers, and others directly	27549
related to the sports and athletic events in the facility; but not	27550
including general building services.	27551

(K) "Ohio arts facility" means any of the following:

27552

(1) The three theaters located in the state office tower at	27553
77 South High street in Columbus;	27554

(2) Any capital facility in this state to which both of the	27555
following apply:	27556

(a) The construction of an arts project related to the	27557
facility was authorized or funded by the general assembly pursuant	27558
to division (D)(3) of section 3383.07 of the Revised Code and	27559
proceeds of state bonds are used for costs of the arts project.	27560

(b) The facility is managed directly by, or is subject to a	27561
cooperative or management contract with, the Ohio arts and sports	27562
facilities commission, and is used for or in connection with the	27563
activities of the commission, including the presentation or making	27564
available of arts to the public and the provision of training or	27565
education in the arts. ~~A cooperative or management contract shall~~	27566
~~be for a term not less than the time remaining to the date of~~	27567
~~payment or provision for payment of any state bonds issued to pay~~	27568
~~the costs of the arts project, as determined by the director of~~	27569
~~budget and management and certified by the director to the Ohio~~	27570
~~arts and sports facilities commission and to the Ohio building~~	27571
~~authority.~~	27572

(3) A state historical facility or a local historical	27573
facility.	27574

(L) "State agency" means the state or any of its branches,	27575
officers, boards, commissions, authorities, departments,	27576
divisions, or other units or agencies.	27577

(M) "Construction" includes acquisition, including	27578
acquisition by lease-purchase, demolition, reconstruction,	27579
alteration, renovation, remodeling, enlargement, improvement, site	27580
improvements, and related equipping and furnishing.	27581

(N) "State historical facility" means a site or facility of	27582
archaeological, architectural, environmental, or historical	27583
interest or significance, or a facility, including a storage	27584
facility, appurtenant to the operations of such a site or	27585
facility, that is owned by or is located on real property owned by	27586
the state or by an arts organization, so long as the real property	27587
of the arts organization is contiguous to state-owned real	27588
property that is in the care, custody, and control of an arts	27589
organization, and that is managed directly by or is subject to a	27590
cooperative or management contract with the Ohio arts and sports	27591
facilities commission and is used for or in connection with the	27592
activities of the commission, including the presentation or making	27593
available of arts to the public.	27594

(O) "Ohio sports facility" means all or a portion of a	27595
stadium, arena, or other capital facility in this state, a primary	27596
purpose of which is to provide a site or venue for the	27597
presentation to the public of events of one or more major or minor	27598
league professional athletic or sports teams that are associated	27599
with the state or with a city or region of the state, which	27600
facility is owned by or is located on real property owned by the	27601
state or a governmental agency, and including all parking	27602
facilities, walkways, and other auxiliary facilities, equipment,	27603
furnishings, and real and personal property and interests and	27604
rights therein, that may be appropriate for or used for or in	27605
connection with the facility or its operation, for capital costs	27606
of which state funds are spent pursuant to this chapter. A	27607
facility constructed as an Ohio sports facility may be both an	27608
Ohio arts facility and an Ohio sports facility.	27609

Sec. 3383.07. (A) The department of administrative services	27610
shall provide for the construction of an arts project in	27611
conformity with Chapter 153. of the Revised Code, except as	27612
follows:	27613

(1) For an arts project that has an estimated construction	27614
cost, excluding the cost of acquisition, of twenty-five million	27615
dollars or more, and that is financed by the Ohio building	27616
authority, construction services may be provided by the authority	27617
if the authority determines it should provide those services.	27618

(2) For an arts project other than a state historical	27619
facility, construction services may be provided on behalf of the	27620
state by the Ohio arts and sports facilities commission, or by a	27621
governmental agency or an arts organization that occupies, will	27622
occupy, or is responsible for the Ohio arts facility, as	27623
determined by the commission. Construction services to be provided	27624
by a governmental agency or an arts organization shall be	27625
specified in an agreement between the commission and the	27626
governmental agency or arts organization. The agreement, or any	27627
actions taken under it, are not subject to Chapter 123. or 153. of	27628
the Revised Code, except for sections 123.151 and 153.011 of the	27629
Revised Code, and shall be subject to Chapter 4115. of the Revised	27630
Code.	27631

(3) For an arts project that is a state historical facility,	27632
construction services may be provided by the Ohio arts and sports	27633
facilities commission or by an arts organization that occupies,	27634
will occupy, or is responsible for the facility, as determined by	27635
the commission. The construction services to be provided by the	27636
arts organization shall be specified in an agreement between the	27637
commission and the arts organization. That agreement, and any	27638
actions taken under it, are not subject to Chapter 123., 153., or	27639
4115. of the Revised Code.	27640

(B) For an Ohio sports facility that is financed in part by	27641
the Ohio building authority, construction services shall be	27642
provided on behalf of the state by or at the direction of the	27643
governmental agency or nonprofit corporation that will own or be	27644
responsible for the management of the facility, all as determined	27645
by the Ohio arts and sports facilities commission. Any	27646
construction services to be provided by a governmental agency or	27647
nonprofit corporation shall be specified in an agreement between	27648
the commission and the governmental agency or nonprofit	27649
corporation. That agreement, and any actions taken under it, are	27650
not subject to Chapter 123. or 153. of the Revised Code, except	27651
for sections 123.151 and 153.011 of the Revised Code, and shall be	27652
subject to Chapter 4115. of the Revised Code.	27653

(C) General building services for an Ohio arts facility shall	27654
be provided by the Ohio arts and sports facilities commission or	27655
by an arts organization that occupies, will occupy, or is	27656
responsible for the facility, as determined by the commission,	27657
except that the Ohio building authority may elect to provide those	27658
services for Ohio arts facilities financed with proceeds of state	27659
bonds issued by the authority. The costs of management and general	27660
building services shall be paid by the arts organization that	27661
occupies, will occupy, or is responsible for the facility as	27662
provided in an agreement between the commission and the arts	27663
organization, except that the state may pay for general building	27664
services for state-owned arts facilities constructed on	27665
state-owned land.	27666

General building services for an Ohio sports facility shall	27667
be provided by or at the direction of the governmental agency or	27668
nonprofit corporation that will be responsible for the management	27669
of the facility, all as determined by the commission. Any general	27670
building services to be provided by a governmental agency or	27671
nonprofit corporation for an Ohio sports facility shall be	27672
specified in an agreement between the commission and the	27673
governmental agency or nonprofit corporation. That agreement, and	27674
any actions taken under it, are not subject to Chapter 123. or	27675
153. of the Revised Code, except for sections 123.151 and 153.011	27676
of the Revised Code, and shall be subject to Chapter 4115. of the	27677
Revised Code.	27678

(D) This division does not apply to a state historical	27679
facility. No state funds, including any state bond proceeds, shall	27680
be spent on the construction of any arts project under this	27681
chapter unless, with respect to the arts project and to the Ohio	27682
arts facility related to the project, all of the following apply:	27683

(1) The Ohio arts and sports facilities commission has	27684
determined that there is a need for the arts project and the Ohio	27685
arts facility related to the project in the region of the state in	27686
which the Ohio arts facility is located or for which the facility	27687
is proposed.	27688

(2) The commission has determined that, as an indication of	27689
substantial regional support for the arts project, the arts	27690
organization has made provision satisfactory to the commission, in	27691
its sole discretion, for local contributions amounting to not less	27692
than fifty per cent of the total state funding for the arts	27693
project.	27694

(3) The general assembly has specifically authorized the	27695
spending of money on, or made an appropriation for, the	27696
construction of the arts project, or for rental payments relating	27697
to the financing of the construction of the arts project.	27698
Authorization to spend money, or an appropriation, for planning	27699
the arts project does not constitute authorization to spend money	27700
on, or an appropriation for, construction of the arts project.	27701

(E) No state funds, including any state bond proceeds, shall	27702
be spent on the construction of any state historical facility	27703
under this chapter unless the general assembly has specifically	27704
authorized the spending of money on, or made an appropriation for,	27705
the construction of the arts project related to the facility, or	27706
for rental payments relating to the financing of the construction	27707
of the arts project. Authorization to spend money, or an	27708
appropriation, for planning the arts project does not constitute	27709
authorization to spend money on, or an appropriation for, the	27710
construction of the arts project.	27711

(F) State funds shall not be used to pay or reimburse more	27712
than fifteen per cent of the initial estimated construction cost	27713
of an Ohio sports facility, excluding any site acquisition cost,	27714
and no state funds, including any state bond proceeds, shall be	27715
spent on any Ohio sports facility under this chapter unless, with	27716
respect to that facility, all of the following apply:	27717

(1) The Ohio arts and sports facilities commission has	27718
determined that there is a need for the facility in the region of	27719
the state for which the facility is proposed to provide the	27720
function of an Ohio sports facility as provided for in this	27721
chapter.	27722

(2) As an indication of substantial local support for the	27723
facility, the commission has received a financial and development	27724
plan satisfactory to it, and provision has been made, by agreement	27725
or otherwise, satisfactory to the commission, for a contribution	27726
amounting to not less than eighty-five per cent of the total	27727
estimated construction cost of the facility, excluding any site	27728
acquisition cost, from sources other than the state.	27729

(3) The general assembly has specifically authorized the	27730
spending of money on, or made an appropriation for, the	27731
construction of the facility, or for rental payments relating to	27732
state financing of all or a portion of the costs of constructing	27733
the facility. Authorization to spend money, or an appropriation,	27734
for planning or determining the feasibility of or need for the	27735
facility does not constitute authorization to spend money on, or	27736
an appropriation for, costs of constructing the facility.	27737

(4) If state bond proceeds are being used for the Ohio sports	27738
facility, the state or a governmental agency owns or has	27739
sufficient property interests in the facility or in the site of	27740
the facility or in the portion or portions of the facility	27741
financed from proceeds of state bonds, which may include, but is	27742
not limited to, the right to use or to require the use of the	27743
facility for the presentation of sport and athletic events to the	27744
public at the facility~~, extending for a period of not less than~~	27745
~~the greater of the useful life of the portion of the facility~~	27746
~~financed from proceeds of those bonds as determined using the~~	27747
~~guidelines for maximum maturities as provided under divisions (B),~~	27748
~~(C), and (D) of section 133.20 of the Revised Code, or the period~~	27749
~~of time remaining to the date of payment or provision for payment~~	27750
~~of outstanding state bonds allocable to costs of the facility, all~~	27751
~~as determined by the director of budget and management and~~	27752
~~certified by the director to the Ohio arts and sports facilities~~	27753
~~commission and to the Ohio building authority~~.	27754

Sec. 3501.011. (A) Except as otherwise provided in divisions	27755
(B) and (C) of this section, and except as otherwise provided in	27756
any section of Title XXXV of the Revised Code to the contrary, as	27757
used in the sections of the Revised Code relating to elections and	27758
political communications, whenever a person is required to sign or	27759
affix a signature to a declaration of candidacy, nominating	27760
petition, declaration of intent to be a write-in candidate,	27761
initiative petition, referendum petition, recall petition, or any	27762
other kind of petition, or to sign or affix a signature on any	27763
other document that is filed with or transmitted to a board of	27764
elections or the office of the secretary of state, "sign" or	27765
"signature" means that person's written, cursive-style legal mark	27766
written in that person's own hand.	27767

(B) For persons who do not use a cursive-style legal mark	27768
during the course of their regular business and legal affairs,	27769
"sign" or "signature" means that person's other legal mark that	27770
the person uses during the course of that person's regular	27771
business and legal affairs that is written in the person's own	27772
hand.	27773

(C) Any voter registration record requiring a person's	27774
signature shall be signed using the person's legal mark used in	27775
the person's regular business and legal affairs. For any purpose	27776
described in division (A) of this section, the legal mark of a	27777
registered elector shall be considered to be the mark of that	27778
elector as it appears on the elector's voter registration record.	27779

Sec. 3501.18. (A) The board of elections may divide a	27780
political subdivision, within its jurisdiction, into precincts	27781
~~and~~, establish, define, divide, rearrange, and combine the several	27782
election precincts within its jurisdiction, and change the	27783
location of the polling place for each precinct when it is	27784
necessary to maintain the requirements as to the number of voters	27785
in a precinct and to provide for the convenience of the voters and	27786
the proper conduct of elections~~, provided that no~~. No change in	27787
the number of precincts or in precinct boundaries shall be made	27788
during the twenty-five days immediately preceding a primary or	27789
general election ~~nor~~or between the first day of January and the	27790
day on which the members of county central committees are elected	27791
in the years in which those committees are elected. Except as	27792
otherwise provided in division (C) of this section, each precinct	27793
shall contain a number of electors, not to exceed one thousand	27794
four hundred, that the board of elections determines to be a	27795
reasonable number after taking into consideration the type and	27796
amount of available equipment, prior voter turnout, the size and	27797
location of each selected polling place, available parking,	27798
availability of an adequate number of poll workers, and handicap	27799
accessibility and other accessibility to the polling place.	27800

If the board changes the boundaries of a precinct after the	27801
filing of a local option election petition pursuant to sections	27802
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that	27803
calls for a local option election to be held in that precinct, the	27804
local option election shall be held in the area that constituted	27805
the precinct at the time the local option petition was filed,	27806
regardless of the change in the boundaries.	27807

If the board changes the boundaries of a precinct in order to	27808
meet the requirements of division (B)(1) of this section in a	27809
manner that causes a member of a county central committee to no	27810
longer qualify as a representative of an election precinct in the	27811
county, of a ward of a city in the county, or of a township in the	27812
county, the member shall continue to represent the precinct, ward,	27813
or township for the remainder of the member's term, regardless of	27814
the change in boundaries.	27815

In an emergency, the board may provide more than one polling	27816
place in a precinct. In order to provide for the convenience of	27817
the voters, the board may locate polling places for voting or	27818
registration outside the boundaries of precincts, provided that	27819
the nearest public school or public building shall be used if the	27820
board determines it to be available and suitable for use as a	27821
polling place. Except in an emergency, no change in the number or	27822
location of the polling places in a precinct shall be made during	27823
the twenty-five days immediately preceding a primary or general	27824
election.	27825

Electors who have failed to respond within thirty days to any	27826
confirmation notice shall not be counted in determining the size	27827
of any precinct under this section.	27828

(B)(1) Except as otherwise provided in division (B)(2) ~~or (3)~~	27829
of this section, ~~not later than August 1, 2000, the~~a board of	27830
elections shall determine all precinct boundaries using	27831
geographical units used by the United States department of	27832
commerce, bureau of the census, in reporting the decennial census	27833
of Ohio.	27834

(2) ~~When any part of the boundary of a precinct also forms a~~	27835
~~part of the boundary of a legislative district and the precinct~~	27836
~~boundary cannot be determined by August 1, 2000, using the~~	27837
~~geographical units described in division (B)(1) of this section~~	27838
~~without making that part of the precinct boundary that also forms~~	27839
~~part of the legislative district boundary different from that~~	27840
~~legislative district boundary, the board of elections may~~	27841
~~determine the boundary of that precinct using the geographical~~	27842
~~units described in division (B)(1) of this section not later than~~	27843
~~April 1, 2002. As used in this division, legislative district~~	27844
~~means a district determined under Article XI of the Ohio~~	27845
~~Constitution.~~	27846

~~(3)~~ The board of elections may apply to the secretary of	27847
state for a waiver from the requirement of division (B)(1) of this	27848
section when it is not feasible to comply with that requirement	27849
because of unusual physical boundaries or residential development	27850
practices that would cause unusual hardship for voters. The board	27851
shall identify the affected precincts and census units, explain	27852
the reason for the waiver request, and include a map illustrating	27853
where the census units will be split because of the requested	27854
waiver. If the secretary of state approves the waiver and so	27855
notifies the board of elections in writing, the board may change a	27856
precinct boundary as necessary under this section, notwithstanding	27857
the requirement in division (B)(1) of this section.	27858

(C) The board of elections may apply to the secretary of	27859
state for a waiver from the requirement of division (A) of this	27860
section regarding the number of electors in a precinct when the	27861
use of geographical units used by the United States department of	27862
commerce, bureau of the census, will cause a precinct to contain	27863
more than one thousand four hundred electors. The board shall	27864
identify the affected precincts and census units, explain the	27865
reason for the waiver request, and include a map illustrating	27866
where census units will be split because of the requested waiver.	27867
If the secretary of state approves the waiver and so notifies the	27868
board of elections in writing, the board may change a precinct	27869
boundary as necessary to meet the requirements of division (B)(1)	27870
of this section.	27871

Sec. 3501.30. (A) The board of elections shall provide for	27872
each polling place the necessary ballot boxes, official ballots,	27873
cards of instructions, registration forms, pollbooks, or poll	27874
lists, tally sheets, forms on which to make summary statements,	27875
writing implements, paper, and all other supplies necessary for	27876
casting and counting the ballots and recording the results of the	27877
voting at ~~such~~the polling place. ~~Such~~The pollbooks or poll lists	27878
shall have certificates appropriately printed ~~thereon~~on them for	27879
the signatures of all the precinct officials, by which they shall	27880
certify that, to the best of their knowledge and belief, ~~said~~the	27881
pollbooks or poll lists correctly show the names of all electors	27882
who voted in ~~such~~the polling place at the election indicated	27883
~~therein~~in the pollbook or poll list.	27884

AAll of the following shall be included among the supplies	27885
provided to each polling place:	27886

(1) A large map of each appropriate precinct ~~shall be~~	27887
~~included among the supplies to each polling place~~, which shall be	27888
displayed prominently to assist persons who desire to register or	27889
vote on election day. Each map shall show all streets within the	27890
precinct and contain identifying symbols of the precinct in bold	27891
print.	27892

~~Such supplies shall also include a~~(2) Any materials,	27893
postings, or instructions required to comply with state or federal	27894
laws;	27895

(3) A flag of the United States approximately two and	27896
one-half feet in length along the top, which shall be displayed	27897
outside the entrance to the polling place during the time it is	27898
open for voting~~. Two~~;	27899

(4) Two or more small flags of the United States	27900
approximately fifteen inches in length along the top ~~shall be~~	27901
~~provided and~~, which shall be placed at a distance of one hundred	27902
feet from the polling place on the thoroughfares or walkways	27903
leading to the polling place, to mark the distance within which	27904
persons other than election officials, witnesses, challengers,	27905
police officers, and electors waiting to mark, marking, or casting	27906
their ballots shall not loiter, congregate, or engage in any kind	27907
of election campaigning. Where small flags cannot reasonably be	27908
placed one hundred feet from the polling place, the presiding	27909
election judge shall place the flags as near to one hundred feet	27910
from the entrance to the polling place as is physically possible.	27911
Police officers and all election officials shall see that this	27912
prohibition against loitering and congregating is enforced. ~~When~~	27913

When the period of time during which the polling place is	27914
open for voting expires, all of ~~said~~the flags described in this	27915
division shall be taken into the polling place, and shall be	27916
returned to the board together with all other election ~~materials~~	27917
~~and~~ supplies required to be delivered to ~~such~~the board.	27918

(B) The board of elections shall follow the instructions and	27919
advisories of the secretary of state in the production and use of	27920
polling place supplies.	27921

Sec. 3503.10. (A) Each designated agency shall designate one	27922
person within that agency to serve as coordinator for the voter	27923
registration program within the agency and its departments,	27924
divisions, and programs. The designated person shall be trained	27925
under a program designed by the secretary of state and shall be	27926
responsible for administering all aspects of the voter	27927
registration program for that agency as prescribed by the	27928
secretary of state. The designated person shall receive no	27929
additional compensation for performing such duties.	27930

(B) Every designated agency, public high school and	27931
vocational school, public library, and office of a county	27932
treasurer shall provide in each of its offices or locations voter	27933
registration applications and assistance in the registration of	27934
persons qualified to register to vote, in accordance with this	27935
chapter.	27936

(C) Every designated agency shall distribute to its	27937
applicants, prior to or in conjunction with distributing a voter	27938
registration application, a form prescribed by the secretary of	27939
state that includes all of the following:	27940

(1) The question, "Do you want to register to vote or update	27941
your current voter registration?"--followed by boxes for the	27942
applicant to indicate whether the applicant would like to register	27943
or decline to register to vote, and the statement, highlighted in	27944
bold print, "If you do not check either box, you will be	27945
considered to have decided not to register to vote at this time.";	27946

(2) If the agency provides public assistance, the statement,	27947
"Applying to register or declining to register to vote will not	27948
affect the amount of assistance that you will be provided by this	27949
agency.";	27950

(3) The statement, "If you would like help in filling out the	27951
voter registration application form, we will help you. The	27952
decision whether to seek or accept help is yours. You may fill out	27953
the application form in private.";	27954

(4) The statement, "If you believe that someone has	27955
interfered with your right to register or to decline to register	27956
to vote, your right to privacy in deciding whether to register or	27957
in applying to register to vote, or your right to choose your own	27958
political party or other political preference, you may file a	27959
complaint with the prosecuting attorney of your county or with the	27960
secretary of state," with the address and telephone number for	27961
each such official's office.	27962

(D) Each designated agency shall distribute a voter	27963
registration form prescribed by the secretary of state to each	27964
applicant with each application for service or assistance, and	27965
with each written application or form for recertification,	27966
renewal, or change of address.	27967

(E) Each designated agency shall do all of the following:

27968

(1) Have employees trained to administer the voter	27969
registration program in order to provide to each applicant who	27970
wishes to register to vote and who accepts assistance, the same	27971
degree of assistance with regard to completion of the voter	27972
registration application as is provided by the agency with regard	27973
to the completion of its own form;	27974

(2) Accept completed voter registration applications, voter	27975
registration change of residence forms, and voter registration	27976
change of name forms, regardless of whether the application or	27977
form was distributed by the designated agency, for transmittal to	27978
the office of the board of elections in the county in which the	27979
agency is located. Each designated agency and the appropriate	27980
board of elections shall establish a method by which the voter	27981
registration applications and other voter registration forms are	27982
transmitted to that board of elections within five days after	27983
being accepted by the agency.	27984

(3) If the designated agency is one that is primarily engaged	27985
in providing services to persons with disabilities under a	27986
state-funded program, and that agency provides services to a	27987
person with disabilities at a person's home, provide the services	27988
described in divisions (E)(1) and (2) of this section at the	27989
person's home;	27990

(4) Keep as confidential, except as required by the secretary	27991
of state for record-keeping purposes, the identity of an agency	27992
through which a person registered to vote or updated the person's	27993
voter registration records, and information relating to a	27994
declination to register to vote made in connection with a voter	27995
registration application issued by a designated agency.	27996

(F) The secretary of state shall prepare and transmit written	27997
instructions on the implementation of the voter registration	27998
program within each designated agency, public high school and	27999
vocational school, public library, and office of a county	28000
treasurer. The instructions shall include directions as follows:	28001

(1) That each person designated to assist with voter	28002
registration maintain strict neutrality with respect to a person's	28003
political philosophies, a person's right to register or decline to	28004
register, and any other matter that may influence a person's	28005
decision to register or not register to vote;	28006

(2) That each person designated to assist with voter	28007
registration not seek to influence a person's decision to register	28008
or not register to vote, not display or demonstrate any political	28009
preference or party allegiance, and not make any statement to a	28010
person or take any action the purpose or effect of which is to	28011
lead a person to believe that a decision to register or not	28012
register has any bearing on the availability of services or	28013
benefits offered, on the grade in a particular class in school, or	28014
on credit for a particular class in school;	28015

(3) Regarding when and how to assist a person in completing	28016
the voter registration application, what to do with the completed	28017
voter registration application or voter registration update form,	28018
and when the application must be transmitted to the appropriate	28019
board of elections;	28020

(4) Regarding what records must be kept by the agency and	28021
where and when those records should be transmitted to satisfy	28022
reporting requirements imposed on the secretary of state under the	28023
National Voter Registration Act of 1993;	28024

(5) Regarding whom to contact to obtain answers to questions	28025
about voter registration forms and procedures.	28026

(G) If the voter registration activity is part of an in-class	28027
voter registration program in a public high school or vocational	28028
school, whether prescribed by the secretary of state or	28029
independent of the secretary of state, the board of education	28030
shall do all of the following:	28031

(1) Establish a schedule of school days and hours during	28032
these days when the person designated to assist with voter	28033
registration shall provide voter registration assistance;	28034

(2) Designate a person to assist with voter registration from	28035
the public high school's or vocational school's staff;	28036

(3) Make voter registration applications and materials	28037
available, as outlined in the voter registration program	28038
established by the secretary of state pursuant to section 3501.05	28039
of the Revised Code;	28040

(4) Distribute the statement, "applying to register or	28041
declining to register to vote will not affect or be a condition of	28042
your receiving a particular grade in or credit for a school course	28043
or class, participating in a curricular or extracurricular	28044
activity, receiving a benefit or privilege, or participating in a	28045
program or activity otherwise available to pupils enrolled in this	28046
school district's schools.";	28047

(5) Establish a method by which the voter registration	28048
application and other voter registration forms are transmitted to	28049
the board of elections within five days after being accepted by	28050
the public high school or vocational school.	28051

(H) Any person employed by the designated agency, public high	28052
school or vocational school, public library, or office of a county	28053
treasurer may be designated to assist with voter registration	28054
pursuant to this section. The designated agency, public high	28055
school or vocational school, public library, or office of a county	28056
treasurer shall provide the designated person, and make available	28057
such space as may be necessary, without charge to the county or	28058
state.	28059

(I) The secretary of state shall prepare and cause to be	28060
displayed in a prominent location in each designated agency a	28061
notice that identifies the person designated to assist with voter	28062
registration, the nature of that person's duties, and where and	28063
when that person is available for assisting in the registration of	28064
voters.	28065

A designated agency may furnish additional supplies and	28066
services to disseminate information to increase public awareness	28067
of the existence of a person designated to assist with voter	28068
registration in every designated agency.	28069

(J) This section does not limit any authority a board of	28070
education, superintendent, or principal has to allow, sponsor, or	28071
promote voluntary election registration programs within a high	28072
school or vocational school, including programs in which pupils	28073
serve as persons designated to assist with voter registration,	28074
provided that no pupil is required to participate.	28075

(K) Each public library and office of the county treasurer	28076
shall establish a method by which voter registration forms are	28077
transmitted to the board of elections within five days after being	28078
accepted by the public library or office of the county treasurer.	28079

(L) The department of job and family services and its	28080
departments, divisions, and programs shall limit administration of	28081
the aspects of the voter registration program for the department	28082
to the requirements prescribed by the secretary of state and the	28083
requirements of this section and the National Voter Registration	28084
Act of 1993.	28085

Sec. 3505.061. (A) The Ohio ballot board, as authorized by	28086
Section 1 of Article XVI, Ohio Constitution, shall consist of the	28087
secretary of state and four appointed members. No more than two of	28088
the appointed members shall be of the same political party. One of	28089
the members shall be appointed by the president of the senate, one	28090
shall be appointed by the minority leader of the senate, one shall	28091
be appointed by the speaker of the house of representatives, and	28092
one shall be appointed by the minority leader of the house of	28093
representatives. The appointments shall be made no later than the	28094
last Monday in January in the year in which the appointments are	28095
to be made. If any appointment is not so made, the secretary of	28096
state, acting in place of the person otherwise required to make	28097
the appointment, shall appoint as many qualified members	28098
affiliated with the appropriate political party as are necessary.	28099

(B)(1) The initial appointees to the board shall serve until	28100
the first Monday in February, 1977. Thereafter, terms of office	28101
shall be for four years, each term ending on the first Monday in	28102
February. The term of the secretary of state on the board shall	28103
coincide with the secretary of state's term of office. Except as	28104
otherwise provided in division (B)(2) of this section, division	28105
(B)(2) of section 3505.063, and division (B)(2) of section 3519.03	28106
of the Revised Code, each appointed member shall hold office from	28107
the date of appointment until the end of the term for which the	28108
member was appointed. Except as otherwise provided in those	28109
divisions, any member appointed to fill a vacancy occurring prior	28110
to the expiration of the term for which the member's predecessor	28111
was appointed shall hold office for the remainder of that term.	28112
Except as otherwise provided in those divisions, any member shall	28113
continue in office subsequent to the expiration date of the	28114
member's term until the member's successor takes office or a	28115
period of sixty days has elapsed, whichever occurs first. Any	28116
vacancy occurring on the board shall be filled in the manner	28117
provided for original appointments. A member appointed to fill a	28118
vacancy shall be of the same political party as that required of	28119
the member whom the member replaces.	28120

(2) The term of office of a member of the board who also is a	28121
member of the general assembly and who was appointed to the board	28122
by the president of the senate, the minority leader of the senate,	28123
the speaker of the house of representatives, or the minority	28124
leader of the house of representatives shall end on the earlier of	28125
the following dates:	28126

(a) The ending date of the ballot board term for which the	28127
member was appointed;	28128

(b) The ending date of the member's term as a member of the	28129
general assembly.	28130

(C) Members of the board shall serve without compensation but	28131
shall be reimbursed for expenses actually and necessarily incurred	28132
in the performance of their duties.	28133

(D) The secretary of state shall be the chairperson of the	28134
board, and the secretary of state or the secretary of state's	28135
representative shall have a vote equal to that of any other	28136
member. The vice-chairperson shall act as chairperson in the	28137
absence or disability of the chairperson, or during a vacancy in	28138
that office. The board shall meet after notice of at least seven	28139
days at a time and place determined by the chairperson. At its	28140
first meeting, the board shall elect a vice-chairperson from among	28141
its members for a term of two years, and it shall adopt rules for	28142
its procedures. After the first meeting, the board shall meet at	28143
the call of the chairperson or upon the written request of three	28144
other members. Three members constitute a quorum. No action shall	28145
be taken without the concurrence of three members.	28146

(E) The secretary of state shall provide technical,	28147
professional, and clerical employees as necessary for the board to	28148
carry out its duties.	28149

Sec. 3505.08. (A) Ballots shall be provided by the board of	28150
elections for all general and special elections. ~~Such~~The ballots	28151
shall be printed with black ink on No. 2 white book paper fifty	28152
pounds in weight per ream assuming such ream to consist of five	28153
hundred sheets of such paper twenty-five by thirty-eight inches in	28154
size. Each ballot shall have attached at the top two stubs, each	28155
of the width of the ballot and not less than one-half inch in	28156
length, except that, if the board of elections has an alternate	28157
method to account for the ballots that the secretary of state has	28158
authorized, each ballot may have only one stub that shall be the	28159
width of the ballot and not less than one-half inch in length. In	28160
the case of ballots with two stubs, the stubs shall be separated	28161
from the ballot and from each other by perforated lines. The top	28162
stub shall be known as Stub B and shall have printed on its face	28163
"Stub B." The other stub shall be known as Stub A and shall have	28164
printed on its face "Stub A." Each stub shall also have printed on	28165
its face "Consecutive Number .........." ~~Each~~	28166

Each ballot of each kind of ballot provided for use in each	28167
precinct shall be numbered consecutively beginning with number 1	28168
by printing such number upon both of the stubs attached ~~thereto~~to	28169
the ballot. On ballots bearing the names of candidates, each	28170
candidate's name shall be printed in twelve point boldface upper	28171
case type in an enclosed rectangular space, and an enclosed blank	28172
rectangular space shall be provided at the left ~~thereof~~of the	28173
candidate's name. The name of the political party of a candidate	28174
nominated at a primary election or certified by a party committee	28175
shall be printed in ten point lightface upper and lower case type	28176
and shall be separated by a two point blank space. The name of	28177
each candidate shall be indented one space within ~~such~~the	28178
enclosed rectangular space, and the name of the political party	28179
shall be indented two spaces within ~~such~~the enclosed rectangular	28180
space. ~~The~~	28181

The title of each office on ~~such~~the ballots shall be printed	28182
in twelve point boldface upper and lower case type in a separate	28183
enclosed rectangular space. A four point rule shall separate the	28184
name of a candidate or a group of candidates for the same office	28185
from the title of the office next appearing below on the ballot,	28186
~~and~~; a two point rule shall separate the title of the office from	28187
the names of candidates; and a one point rule shall separate names	28188
of candidates. Headings shall be printed in display Roman type.	28189
When the names of several candidates are grouped together as	28190
candidates for the same office, there shall be printed on ~~such~~the	28191
ballots immediately below the title of ~~such~~the office and within	28192
the separate rectangular space in which ~~such~~the title is printed	28193
"Vote for not more than ........," in six point boldface upper and	28194
lower case filling the blank space with that number which will	28195
indicate the number of persons who may be lawfully elected to ~~such~~	28196
the office.	28197

Columns on ballots shall be separated from each other by a	28198
heavy vertical border or solid line at least one-eighth of an inch	28199
wide, and a similar vertical border or line shall enclose the left	28200
and right side of ballots~~, and ballots~~. Ballots shall be trimmed	28201
along the sides close to such lines.	28202

The ballots provided for by this section shall be comprised	28203
of four kinds of ballots designated as follows: ~~(A)~~ office type	28204
ballot; ~~(B)~~ nonpartisan ballot; ~~(C)~~ questions and issues ballot;	28205
~~(D)~~and presidential ballot.	28206

On the back of each office type ballot shall be printed	28207
"Official Office Type Ballot;" on the back of each nonpartisan	28208
ballot shall be printed "Official Nonpartisan Ballot;" on the back	28209
of each questions and issues ballot shall be printed "Official	28210
Questions and Issues Ballot;" and on the back of each presidential	28211
ballot shall be printed "Official Presidential Ballot." On the	28212
back of every ballot also shall be printed the date of the	28213
election at which the ballot is used and the facsimile signatures	28214
of the members of the board of the county in which the ballot is	28215
used. For the purpose of identifying the kind of ballot, the back	28216
of every ballot may be numbered in ~~such~~the order as the board	28217
shall determine. ~~Such~~The numbers shall be printed in not less	28218
than thirty-six point type above the words "Official Office Type	28219
Ballot," "Official Nonpartisan Ballot," "Official Questions and	28220
Issues Ballot," or "Official Presidential Ballot," as the case may	28221
be. Ballot boxes bearing corresponding numbers shall be furnished	28222
for each precinct in which the above-described numbered ballots	28223
are used.	28224

On the back of every ballot used, there shall be a solid	28225
black line printed opposite the blank rectangular space that is	28226
used to mark the choice of the voter. This line shall be printed	28227
wide enough so that the mark in the blank rectangular space will	28228
not be visible from the back side of the ballot.	28229

Sample ballots may be printed by the board of elections for	28230
all general elections. ~~Such~~The ballots shall be printed on	28231
colored paper, and "Sample Ballot" shall be plainly printed in	28232
boldface type on the face of each ballot. In counties of less than	28233
one hundred thousand population, the board may print not more than	28234
five hundred sample ballots; in all other counties, it may print	28235
not more than one thousand sample ballots. ~~Such~~The sample ballots	28236
shall not be distributed by a political party or a candidate, nor	28237
shall a political party or candidate cause their title or name to	28238
be imprinted ~~thereon~~on sample ballots.	28239

(B) Notwithstanding division (A) of this section, in	28240
approving the form of an official ballot, the secretary of state	28241
may authorize the use of fonts, type face settings, and ballot	28242
formats other than those prescribed in that division.	28243

Sec. 3517.092. (A) As used in this section:

28244

(1) "Appointing authority" has the same meaning as in section	28245
124.01 of the Revised Code.	28246

(2) "State elected officer" means any person appointed or	28247
elected to a state elective office.	28248

(3) "State elective office" means any of the offices of	28249
governor, lieutenant governor, secretary of state, auditor of	28250
state, treasurer of state, attorney general, member of the state	28251
board of education, member of the general assembly, and justice	28252
and chief justice of the supreme court.	28253

(4) "County elected officer" means any person appointed or	28254
elected to a county elective office.	28255

(5) "County elective office" means any of the offices of	28256
county auditor, county treasurer, clerk of the court of common	28257
pleas, sheriff, county recorder, county engineer, county	28258
commissioner, prosecuting attorney, and coroner.	28259

(6) "Contribution" includes a contribution to any political	28260
party, campaign committee, political action committee, political	28261
contributing entity, or legislative campaign fund.	28262

(B) No state elected officer, no campaign committee of such	28263
an officer, and no other person or entity shall knowingly solicit	28264
or accept a contribution on behalf of that officer or that	28265
officer's campaign committee from any of the following:	28266

(1) A state employee whose appointing authority is the state	28267
elected officer;	28268

(2) A state employee whose appointing authority is authorized	28269
or required by law to be appointed by the state elected officer;	28270

(3) A state employee who functions in or is employed in or by	28271
the same public agency, department, division, or office as the	28272
state elected officer.	28273

(C) No candidate for a state elective office, no campaign	28274
committee of such a candidate, and no other person or entity shall	28275
knowingly solicit or accept a contribution on behalf of that	28276
candidate or that candidate's campaign committee from any of the	28277
following:	28278

(1) A state employee at the time of the solicitation, whose	28279
appointing authority will be the candidate, if elected;	28280

(2) A state employee at the time of the solicitation, whose	28281
appointing authority will be appointed by the candidate, if	28282
elected, as authorized or required by law;	28283

(3) A state employee at the time of the solicitation, who	28284
will function in or be employed in or by the same public agency,	28285
department, division, or office as the candidate, if elected.	28286

(D) No county elected officer, no campaign committee of such	28287
an officer, and no other person or entity shall knowingly solicit	28288
a contribution on behalf of that officer or that officer's	28289
campaign committee from any of the following:	28290

(1) A county employee whose appointing authority is the	28291
county elected officer;	28292

(2) A county employee whose appointing authority is	28293
authorized or required by law to be appointed by the county	28294
elected officer;	28295

(3) A county employee who functions in or is employed in or	28296
by the same public agency, department, division, or office as the	28297
county elected officer.	28298

(E) No candidate for a county elective office, no campaign	28299
committee of such a candidate, and no other person or entity shall	28300
knowingly solicit a contribution on behalf of that candidate or	28301
that candidate's campaign committee from any of the following:	28302

(1) A county employee at the time of the solicitation, whose	28303
appointing authority will be the candidate, if elected;	28304

(2) A county employee at the time of the solicitation, whose	28305
appointing authority will be appointed by the candidate, if	28306
elected, as authorized or required by law;	28307

(3) A county employee at the time of the solicitation, who	28308
will function in or be employed in or by the same public agency,	28309
department, division, or office as the candidate, if elected.	28310

(F)(1) No public employee shall solicit a contribution from	28311
any person while the public employee is performing the public	28312
employee's official duties or in those areas of a public building	28313
where official business is transacted or conducted.	28314

(2) No person shall solicit a contribution from any public	28315
employee while the public employee is performing the public	28316
employee's official duties or is in those areas of a public	28317
building where official business is transacted or conducted.	28318

(3) As used in division (F) of this section, "public	28319
employee" does not include any person holding an elective office.	28320

(G) The prohibitions in divisions (B), (C), (D), (E), and (F)	28321
of this section are in addition to the prohibitions in sections	28322
124.57, ~~1553.09,~~ 3304.22, and 4503.032 of the Revised Code.	28323

Sec. 3701.02. There is hereby created a department of	28324
health. The department shall consist of a director of health ~~and~~,	28325
a public health council, and the Ohio occupational therapy,	28326
physical therapy, and athletic trainers board.	28327

Sec. 3701.021. (A) The public health council shall adopt, in	28328
accordance with Chapter 119. of the Revised Code, such rules as	28329
are necessary to carry out sections 3701.021 to ~~3701.028~~3701.0210	28330
of the Revised Code, including, but not limited to, rules to	28331
establish the following:	28332

(1) Medical and financial eligibility requirements for the	28333
program for medically handicapped children;	28334

(2) Eligibility requirements for providers of services for	28335
medically handicapped children;	28336

(3) Procedures to be followed by the department of health in	28337
disqualifying providers for violating requirements adopted under	28338
division (A)(2) of this section;	28339

(4) Procedures to be used by the department regarding	28340
application for diagnostic services under division (B) of section	28341
3701.023 of the Revised Code and payment for those services under	28342
division (E) of that section;	28343

(5) Standards for the provision of service coordination by	28344
the department of health and city and general health districts;	28345

(6) Procedures for the department to use to determine the	28346
amount to be paid annually by each county for services for	28347
medically handicapped children and to allow counties to retain	28348
funds under divisions (A)(2) and (3) of section 3701.024 of the	28349
Revised Code;	28350

(7) Financial eligibility requirements for services for Ohio	28351
residents twenty-one years of age or older who have cystic	28352
fibrosis;	28353

(8) Criteria for payment of approved providers who provide	28354
services for medically handicapped children;	28355

(9) Criteria for the department to use in determining whether	28356
the payment of health insurance premiums of participants in the	28357
program for medically handicapped children is cost-effective;	28358

(10) Procedures for appeal of denials of applications under	28359
divisions (A) and (D) of section 3701.023 of the Revised Code,	28360
disqualification of providers, and amounts paid for services;	28361

(11) Terms of appointment for members of the medically	28362
handicapped children's medical advisory council created in section	28363
3701.025 of the Revised Code;	28364

(12) Eligibility requirements for the hemophilia program,	28365
including income and hardship requirements.	28366

(B) The department of health shall develop a manual of	28367
operational procedures and guidelines for the program for	28368
medically handicapped children to implement sections 3701.021 to	28369
~~3701.028~~3701.0210 of the Revised Code.	28370

Sec. 3701.022. As used in sections 3701.021 to ~~3701.028~~	28371
3701.0210 of the Revised Code:	28372

(A) "Medically handicapped child" means an Ohio resident	28373
under twenty-one years of age who suffers primarily from an	28374
organic disease, defect, or a congenital or acquired physically	28375
handicapping and associated condition that may hinder the	28376
achievement of normal growth and development.	28377

(B) "Provider" means a health professional, hospital, medical	28378
equipment supplier, and any individual, group, or agency that is	28379
approved by the department of health pursuant to division (C) of	28380
section 3701.023 of the Revised Code and that provides or intends	28381
to provide goods or services to a child who is eligible for the	28382
program for medically handicapped children.	28383

(C) "Service coordination" means case management services	28384
provided to medically handicapped children that promote effective	28385
and efficient organization and utilization of public and private	28386
resources and ensure that care rendered is family-centered,	28387
community-based, and coordinated.	28388

(D)(1) "Third party" means any person or government entity	28389
other than the following:	28390

(a) A medically handicapped child participating in the	28391
program for medically handicapped children or the child's parent	28392
or guardian;	28393

(b) The department or any program administered by the	28394
department, including the "Maternal and Child Health Block Grant,"	28395
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	28396
U.S.C.A. 701, as amended;	28397

(c) The "caring program for children" operated by the	28398
nonprofit community mutual insurance corporation.	28399

(2) "Third party" includes all of the following:

28400

(a) Any trust established to benefit a medically handicapped	28401
child participating in the program or the child's family or	28402
guardians, if the trust was established after the date the	28403
medically handicapped child applied to participate in the program;	28404

(b) That portion of a trust designated to pay for the medical	28405
and ancillary care of a medically handicapped child, if the trust	28406
was established on or before the date the medically handicapped	28407
child applied to participate in the program;	28408

(c) The program awarding reparations to victims of crime	28409
established under sections 2743.51 to 2743.72 of the Revised Code.	28410

(E) "Third-party benefits" means any and all benefits paid by	28411
a third party to or on behalf of a medically handicapped child	28412
participating in the program or the child's parent or guardian for	28413
goods or services that are authorized by the department pursuant	28414
to division (B) or (D) of section 3701.023 of the Revised Code.	28415

(F) "Hemophilia program" means the hemophilia program the	28416
department of health is required to establish and administer under	28417
section 3701.029 of the Revised Code.	28418

Sec. 3701.024. (A)(1) Under a procedure established in rules	28419
adopted under section 3701.021 of the Revised Code, the department	28420
of health shall determine the amount each county shall provide	28421
annually for the program for medically handicapped children, based	28422
on a proportion of the county's total general property tax	28423
duplicate, not to exceed one-tenth of a mill ~~through fiscal year~~	28424
~~2005 and three-tenths of a mill thereafter~~, and charge the county	28425
for any part of expenses incurred under the program for treatment	28426
services on behalf of medically handicapped children having legal	28427
settlement in the county that is not paid from federal funds or	28428
through the medical assistance program established under section	28429
5111.01 of the Revised Code. The department shall not charge the	28430
county for expenses exceeding the difference between the amount	28431
determined under division (A)(1) of this section and any amounts	28432
retained under divisions (A)(2) and (3) of this section.	28433

All amounts collected by the department under division (A)(1)	28434
of this section shall be deposited into the state treasury to the	28435
credit of the medically handicapped children-county assessment	28436
fund, which is hereby created. The fund shall be used by the	28437
department to comply with sections 3701.021 to 3701.028 of the	28438
Revised Code.	28439

(2) The department, in accordance with rules adopted under	28440
section 3701.021 of the Revised Code, may allow each county to	28441
retain up to ten per cent of the amount determined under division	28442
(A)(1) of this section to provide funds to city or general health	28443
districts of the county with which the districts shall provide	28444
service coordination, public health nursing, or transportation	28445
services for medically handicapped children.	28446

(3) In addition to any amount retained under division (A)(2)	28447
of this section, the department, in accordance with rules adopted	28448
under section 3701.021 of the Revised Code, may allow counties	28449
that it determines have significant numbers of potentially	28450
eligible medically handicapped children to retain an amount equal	28451
to the difference between:	28452

(a) Twenty-five per cent of the amount determined under	28453
division (A)(1) of this section;	28454

(b) Any amount retained under division (A)(2) of this	28455
section.	28456

Counties shall use amounts retained under division (A)(3) of	28457
this section to provide funds to city or general health districts	28458
of the county with which the districts shall conduct outreach	28459
activities to increase participation in the program for medically	28460
handicapped children.	28461

(4) Prior to any increase in the millage charged to a county,	28462
the public health council shall hold a public hearing on the	28463
proposed increase and shall give notice of the hearing to each	28464
board of county commissioners that would be affected by the	28465
increase at least thirty days prior to the date set for the	28466
hearing. Any county commissioner may appear and give testimony at	28467
the hearing. Any increase in the millage any county is required to	28468
provide for the program for medically handicapped children shall	28469
be determined, and notice of the amount of the increase shall be	28470
provided to each affected board of county commissioners, no later	28471
than the first day of June of the fiscal year next preceding the	28472
fiscal year in which the increase will take effect.	28473

(B) Each board of county commissioners shall establish a	28474
medically handicapped children's fund and shall appropriate	28475
thereto an amount, determined in accordance with division (A)(1)	28476
of this section, for the county's share in providing medical,	28477
surgical, and other aid to medically handicapped children residing	28478
in such county and for the purposes specified in divisions (A)(2)	28479
and (3) of this section. Each county shall use money retained	28480
under divisions (A)(2) and (3) of this section only for the	28481
purposes specified in those divisions.	28482

Sec. 3701.029. Subject to available funds, the department of	28483
health shall establish and administer a hemophilia program to	28484
provide payment of health insurance premiums for Ohio residents	28485
who meet all of the following requirements:	28486

(A) Have been diagnosed with hemophilia or a related bleeding	28487
disorder;	28488

(B) Are at least twenty-one years of age;

28489

(C) Meet the eligibility requirements established by rules	28490
adopted under division (A)(12) of section 3701.021 of the Revised	28491
Code.	28492

~~Sec. 3701.145.~~ Sec. 3701.0210. The ~~director of health~~medically	28493
handicapped children's medical advisory council shall ~~establish~~	28494
appoint a hemophilia advisory ~~council~~subcommittee to advise the	28495
director ~~and the department~~ of health and council on all matters	28496
pertaining to the care and treatment of persons with hemophilia.	28497
The ~~council~~subcommittee shall consist of not fewer than ~~nineteen~~	28498
fifteen members, each of whom shall be appointed ~~by the director~~	28499
to terms of four years. The members of the ~~council~~subcommittee	28500
shall elect a chairperson from among the appointed membership to	28501
serve a term of two years. Members of the ~~council~~subcommittee	28502
shall serve without compensation, except that they may be	28503
reimbursed for travel expenses to and from meetings of the ~~council~~	28504
subcommittee.	28505

Members shall be appointed to represent all geographic areas	28506
of this state. Not fewer than five members of the ~~council~~	28507
subcommittee shall be persons with hemophilia or family members of	28508
persons with hemophilia. Not fewer than five members shall be	28509
providers of health care services to persons with hemophilia. Not	28510
fewer than five members shall be experts in fields of importance	28511
to treatment of persons with hemophilia, including experts in	28512
infectious diseases, insurance, and law.	28513

~~The council shall submit to the director of health, the~~	28514
~~governor, and the general assembly, a report no later than the~~	28515
~~thirtieth day of September of each year summarizing the current~~	28516
~~status and needs of persons in this state with hemophilia and of~~	28517
~~family members of persons with hemophilia.~~	28518

Notwithstanding section 101.83 of the Revised Code, that	28519
section does not apply to the medically handicapped children's	28520
medical advisory council hemophilia advisory subcommittee, and the	28521
subcommittee shall not expire under that section.	28522

Sec. 3701.141. (A) There is hereby created in the department	28523
of health the ~~office of~~ women's health ~~initiatives~~program,	28524
~~consisting of the chief of the office and an administrative~~	28525
~~assistant. To the extent of available funds, other positions~~	28526
~~determined necessary and relevant by the director of health may be~~	28527
~~added. The administrative assistant and all other employees~~	28528
~~assigned to the office shall report to the chief and the chief to~~	28529
~~the director or the deputy specified by the director~~.	28530

(B) To the extent funds are available, the ~~office of~~ women's	28531
health ~~initiatives~~program shall:	28532

(1) Identify, review, and assist the director in the	28533
coordination of programs and resources the department of health is	28534
committing to women's health concerns, including the department's	28535
women's and infants' program activities;	28536

(2) Advocate for women's health by requesting that the	28537
department conduct, sponsor, encourage, or fund research;	28538
establish additional programs regarding women's health concerns as	28539
needed; and monitor the research and program efforts;	28540

(3) Collect, classify, and store relevant research conducted	28541
by the department or other entities, and provide, unless otherwise	28542
prohibited by law, interested persons access to research results;	28543

(4) ~~Generate~~Apply for grant ~~activities~~opportunities.

28544

~~(C) Prior to the director's report to the governor on the~~	28545
~~department's biennial budget request, the office of women's health~~	28546
~~initiatives shall submit in writing to the director of health a~~	28547
~~biennial report of recommended programs, projects, and research to~~	28548
~~address critical issues in women's health.~~	28549

Sec. 3701.342. After consultation with the public health	28550
standards task force established under section 3701.343 of the	28551
Revised Code, the public health council shall adopt rules	28552
establishing minimum standards and optimum achievable standards	28553
for boards of health and local health departments. The minimum	28554
standards shall assure that boards of health and local health	28555
departments provide for the following:	28556

(A) Analysis and prevention of communicable disease;

28557

(B) Analysis of the causes of, and appropriate treatment for,	28558
the leading causes of morbidity and mortality;	28559

(C) The administration and management of the local health	28560
department;	28561

(D) Access to primary health care by medically underserved	28562
individuals;	28563

(E) Environmental health management programs;

28564

(F) Health promotion services designed to encourage	28565
individual and community wellness.	28566

The public health council shall adopt rules establishing a	28567
formula for distribution of state health district subsidy funds to	28568
boards of health and local health departments. The formula shall	28569
provide no subsidy funds to a board or department unless it meets	28570
minimum standards and shall provide higher funding levels for	28571
boards and districts that meet optimum achievable standards.	28572

~~Notwithstanding section 119.03 of the Revised Code, rules~~	28573
~~adopted under this section shall not take effect unless approved~~	28574
~~by concurrent resolution of the general assembly.~~	28575

Sec. 3701.61. (A) The department of health shall establish	28576
the help me grow program for the purpose of encouraging early	28577
prenatal and well-baby care. The program shall include	28578
distributing subsidies to counties to provide the following	28579
services:	28580

(1) Home-visiting services to newborn infants and their	28581
families;	28582

(2) Services to infants and toddlers under three years of age	28583
who are at risk for, or who have, a developmental delay or	28584
disability and their families.	28585

(B) The department shall not provide home-visiting services	28586
under the help me grow program unless requested in writing by a	28587
parent of the infant or toddler.	28588

(C) Pursuant to Chapter 119. of the Revised Code, the	28589
department shall adopt rules that are necessary and proper to	28590
implement this section.	28591

Sec. 3702.31. (A) The quality monitoring and inspection fund	28592
is hereby created in the state treasury. The director of health	28593
shall use the fund to administer and enforce this section and	28594
sections 3702.11 to 3702.20, 3702.30, and 3702.32 of the Revised	28595
Code and rules adopted pursuant to those sections. The director	28596
shall deposit in the fund any moneys collected pursuant to this	28597
section or section 3702.32 of the Revised Code. All investment	28598
earnings of the fund shall be credited to the fund.	28599

(B) The director of health shall adopt rules pursuant to	28600
Chapter 119. of the Revised Code establishing fees for both of the	28601
following:	28602

(1) Initial and renewal license applications submitted under	28603
section 3702.30 of the Revised Code. The fees established under	28604
division (B)(1) of this section shall not exceed the actual and	28605
necessary costs of performing the activities described in division	28606
(A) of this section.	28607

(2) Inspections conducted under section 3702.15 or 3702.30 of	28608
the Revised Code. The fees established under division (B)(2) of	28609
this section shall not exceed the actual and necessary costs	28610
incurred during an inspection, including any indirect costs	28611
incurred by the department for staff, salary, or other	28612
administrative costs. The director of health shall provide to each	28613
health care facility or provider inspected pursuant to section	28614
3702.15 or 3702.30 of the Revised Code a written statement of the	28615
fee. The statement shall itemize and total the costs incurred.	28616
Within fifteen days after receiving a statement from the director,	28617
the facility or provider shall forward the total amount of the fee	28618
to the director.	28619

(3) The fees described in divisions (B)(1) and (2) of this	28620
section shall meet both of the following requirements:	28621

(a) For each service described in section 3702.11 of the	28622
Revised Code, the fee shall not exceed one thousand ~~two~~seven	28623
hundred fifty dollars annually, except that the total fees charged	28624
to a health care provider under this section shall not exceed five	28625
thousand dollars annually.	28626

(b) The fee shall exclude any costs reimbursable by the	28627
United States health care financing administration as part of the	28628
certification process for the medicare program established under	28629
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	28630
U.S.C.A. 301, as amended, and the medicaid program established	28631
under Title XIX of that act.	28632

(4) The director shall not establish a fee for any service	28633
for which a licensure or inspection fee is paid by the health care	28634
provider to a state agency for the same or similar licensure or	28635
inspection.	28636

Sec. 3702.529. (A) A person granted a nonreviewability	28637
ruling prior to April 20, 1995, may implement the activity for	28638
which the ruling was issued in accordance with the information	28639
provided to the director of health in the request for the ruling,	28640
notwithstanding the amendments to sections 3702.51 to 3702.62 of	28641
the Revised Code by Amended Substitute Senate Bill No. 50 and	28642
Amended Substitute Senate Bill No. 156, both of the 121st general	28643
assembly. A person granted a certificate of need or	28644
nonreviewability ruling prior to that date is not required to file	28645
a notice of intent under section 3702.581 of the Revised Code, as	28646
that section existed prior to the effective date of this	28647
amendment, with respect to the activity for which the certificate	28648
or ruling was issued.	28649

(B) A certificate of need is not required for any person to	28650
add a cardiac catheterization laboratory to an existing cardiac	28651
catheterization service, as described in division (R)(11) of	28652
section 3702.51 of the Revised Code, if the person, prior to ~~the~~	28653
~~effective date of this section~~June30, 1995, filed a notice of	28654
intent under section 3702.581 of the Revised Code, as that section	28655
existed prior to the effective date of this amendment, to do so.	28656
However, the exemption provided by this division expires six	28657
months after ~~the effective date of this section~~June30, 1995,	28658
unless the person has taken action to implement the addition by	28659
taking the applicable action listed in divisions (A)(1) to (6) of	28660
section 3702.525 of the Revised Code and provides the director	28661
with written documentation that action has been taken.	28662

(C) The director shall issue a reviewability ruling, in	28663
accordance with the version of section 3702.528 of the Revised	28664
Code in effect immediately prior to ~~the effective date of this~~	28665
~~section~~June30, 1995, to any hospital that requested one prior to	28666
that date concerning a relocation of any of the following to	28667
another hospital in the same or a different metropolitan	28668
statistical area:	28669

(1) Obstetric or newborn care beds registered under section	28670
3701.07 of the Revised Code as level II or III beds;	28671

(2) Pediatric intensive care beds;

28672

(3) A health service specified in division (R)(1) of section	28673
3702.51 of the Revised Code.	28674

A certificate of need is not required to conduct such a	28675
relocation for which the director has issued a nonreviewability	28676
ruling. However, the exemption provided by this division expires	28677
six months after ~~the effective date of this section~~June30, 1995,	28678
unless the hospital has taken action to implement the relocation	28679
by taking the applicable action listed in divisions (A)(1) to (6)	28680
of section 3702.525 of the Revised Code and provides the director	28681
with written documentation that action has been taken.	28682

The director shall not issue a reviewability ruling requested	28683
under the previous version of section 3702.528 of the Revised Code	28684
concerning a relocation of long-term care beds.	28685

(D) A certificate of need is not required to relocate	28686
existing health services from one hospital to another, as	28687
described in division (T) of the version of section 3702.51 of the	28688
Revised Code in effect immediately prior to ~~the effective date of~~	28689
~~this section~~June30, 1995, if the hospitals filed the notice of	28690
intent required by division (T)(2) of that version prior to ~~the~~	28691
~~effective date of this amendment~~June30, 1995, and comply with	28692
divisions (T)(1) and (T)(3) to (6) of that version.	28693

Sec. 3702.53. (A) No person shall carry out any reviewable	28694
activity unless a certificate of need for such activity has been	28695
granted under sections 3702.51 to 3702.62 of the Revised Code or	28696
the person is exempted by division (T) of section 3702.51 or	28697
section 3702.527, 3702.528, 3702.529, 3702.5210, or 3702.62 of the	28698
Revised Code from the requirement that a certificate of need be	28699
obtained. No person shall carry out any reviewable activity if a	28700
certificate of need authorizing that activity has been withdrawn	28701
by the director of health under section 3702.52 or 3702.526 of the	28702
Revised Code. No person shall carry out a reviewable activity if	28703
the certificate of need authorizing that activity is void pursuant	28704
to section 3702.524 of the Revised Code or has expired pursuant to	28705
section 3702.525 of the Revised Code.	28706

(B) No person shall separate portions of any proposal for any	28707
reviewable activity to evade the requirements of sections 3702.51	28708
to 3702.62 of the Revised Code.	28709

(C) No person granted a certificate of need shall carry out	28710
the reviewable activity authorized by the certificate of need	28711
other than in substantial accordance with the approved application	28712
for the certificate of need.	28713

~~(D) No person shall fail to file a notice required by section~~	28714
~~3702.581 of the Revised Code.~~	28715

Sec. 3702.532. When the director of health determines that a	28716
person has violated section 3702.53 of the Revised Code, the	28717
director shall send a notice to the person by certified mail,	28718
return receipt requested, specifying the activity constituting the	28719
violation and the penalties imposed under section 3702.54,	28720
3702.541, or 3702.542~~, or 3702.543~~ of the Revised Code.	28721

Sec. 3702.54. Except as provided in sections 3702.541,and	28722
3702.542, and former section 3702.543 of the Revised Code,	28723
divisions (A) and (B) of this section apply when the director of	28724
health determines that a person has violated section 3702.53 of	28725
the Revised Code.	28726

(A) The director shall impose a civil penalty on the person	28727
in an amount equal to the greatest of the following:	28728

(1) Three thousand dollars;

28729

(2) Five per cent of the operating cost of the activity that	28730
constitutes the violation during the period of time it was	28731
conducted in violation of section 3702.53 of the Revised Code;	28732

(3) Two per cent of the total capital cost associated with	28733
implementation of the activity.	28734

In no event, however, shall the penalty exceed two hundred	28735
fifty thousand dollars.	28736

(B)(1) Notwithstanding section 3702.52 of the Revised Code,	28737
the director shall refuse to accept for review any application for	28738
a certificate of need filed by or on behalf of the person, or any	28739
successor to the person or entity related to the person, for a	28740
period of not less than one year and not more than three years	28741
after hethe director mails the notice of ~~his~~the director's	28742
determination under section 3702.532 of the Revised Code or, if	28743
~~his~~the determination is appealed under section 3702.60 of the	28744
Revised Code, the issuance of the order upholding ~~his~~the	28745
determination that is not subject to further appeal. In	28746
determining the length of time during which ~~he will not accept~~	28747
applications will not be accepted, the director may consider any	28748
of the following:	28749

(a) The nature and magnitude of the violation;

28750

(b) The ability of the person to have averted the violation;

28751

(c) Whether the person disclosed the violation to the	28752
director before the director commenced his investigation;	28753

(d) The person's history of compliance with sections 3702.51	28754
to 3702.62 and the rules adopted under section 3702.57 of the	28755
Revised Code;	28756

(e) Any community hardship that may result from refusing to	28757
accept future applications from the person.	28758

(2) Notwithstanding the one-year minimum imposed by division	28759
(B)(1) of this section, the director may establish a period of	28760
less than one year during which hethe director will refuse to	28761
accept certificate of need applications if, after reviewing all	28762
information available to ~~him~~the director, hethe director	28763
determines and expressly indicates in the notice mailed under	28764
section 3702.532 of the Revised Code that refusing to accept	28765
applications for a longer period would result in hardship to the	28766
community in which the person provides health services. The	28767
director's finding of community hardship shall not affect the	28768
granting or denial of any future certificate of need application	28769
filed by the person.	28770

Sec. 3702.544. Each person required by section 3702.54,	28771
3702.541, or 3702.542, or former section 3702.543 of the Revised	28772
Code to pay a civil penalty shall do so not later than sixty days	28773
after receiving the notice mailed under section 3702.532 of the	28774
Revised Code or, if the person appeals under section 3702.60 of	28775
the Revised Code the director of health's determination that a	28776
violation has occurred, not later than sixty days after the	28777
issuance of an order upholding ~~his~~the director's determination	28778
that is not subject to further appeal. The civil penalties shall	28779
be paid to the director. The director shall deposit them into the	28780
certificate of need fund created by section 3702.52 of the Revised	28781
Code.	28782

Sec. 3702.55. Except as provided in section 3702.542 of the	28783
Revised Code, a person that the director of health determines has	28784
violated section 3702.53 of the Revised Code shall cease	28785
conducting the activity that constitutes the violation or	28786
utilizing the equipment or facility resulting from the violation	28787
not later than thirty days after the person receives the notice	28788
mailed under section 3702.532 of the Revised Code or, if the	28789
person appeals the director's determination under section 3702.60	28790
of the Revised Code, thirty days after the person receives an	28791
order upholding the director's determination that is not subject	28792
to further appeal. A person that applies for a certificate of need	28793
as described in section 3702.542 of the Revised Code shall cease	28794
conducting the activity or using the equipment or facility in	28795
accordance with the timetable established by the director of	28796
health under that section.	28797

If any person determined to have violated section 3702.53 of	28798
the Revised Code fails to cease conducting an activity or using	28799
equipment or a facility as required by this section or a timetable	28800
established under section 3702.542 of the Revised Code, or if the	28801
person continues to seek payment or reimbursement for services	28802
rendered or costs incurred in conducting the activity as	28803
prohibited by section 3702.56 of the Revised Code, in addition to	28804
the penalties imposed under section 3702.54, 3702.541, or	28805
3702.542, or former section 3702.543 of the Revised Code:	28806

(A) The director of health may refuse to include any beds	28807
involved in the activity in the bed capacity of a hospital for	28808
purposes of registration under section 3701.07 of the Revised	28809
Code;	28810

(B) The director of health may refuse to license, or may	28811
revoke a license or reduce bed capacity previously granted to, a	28812
maternity boardinghouse or lying-in hospital under section 3711.02	28813
of the Revised Code; a hospice care program under section 3712.04	28814
of the Revised Code; a nursing home, rest home, or home for the	28815
aging under section 3721.02 of the Revised Code; or any beds	28816
within any of those facilities that are involved in the activity;	28817

(C) A political subdivision certified under section 3721.09	28818
of the Revised Code may refuse to license, or may revoke a license	28819
or reduce bed capacity previously granted to, a nursing home, rest	28820
home, or home for the aging, or any beds within any of those	28821
facilities that are involved in the activity;	28822

(D) The director of mental health may refuse to license under	28823
section 5119.20 of the Revised Code, or may revoke a license or	28824
reduce bed capacity previously granted to, a hospital receiving	28825
mentally ill persons or beds within such a hospital that are	28826
involved in the activity;	28827

(E) The department of job and family services may refuse to	28828
enter into a provider agreement that includes a facility, beds, or	28829
services that result from the activity.	28830

Sec. 3702.60. (A) Any affected person may appeal a	28831
reviewability ruling issued on or after April 20, 1995, to the	28832
director of health in accordance with Chapter 119. of the Revised	28833
Code, and the director shall provide an adjudication hearing in	28834
accordance with that chapter. An affected person may appeal the	28835
director's ruling in the adjudication hearing to the tenth	28836
district court of appeals.	28837

(B) The certificate of need applicant or another affected	28838
person may appeal to the director in accordance with Chapter 119.	28839
of the Revised Code a decision issued by the director on or after	28840
April 20, 1995, to grant or deny a certificate of need application	28841
for which an adjudication hearing was not conducted under section	28842
3702.52 of the Revised Code, and the director shall provide an	28843
adjudication hearing in accordance with that chapter. The	28844
certificate of need applicant or an affected person that was a	28845
party to and participated in an adjudication hearing conducted	28846
under this division or section 3702.52 of the Revised Code may	28847
appeal to the tenth district court of appeals the decision issued	28848
by the director following the adjudication hearing. No person may	28849
appeal to the director or a court the director's granting of a	28850
certificate of need prior to ~~the effective date of this amendment~~	28851
June30, 1995, under the version of section 3702.52 of the Revised	28852
Code in effect immediately prior to that date due to failure to	28853
submit timely written objections, no person may appeal to the	28854
director or a court the director's granting of a certificate of	28855
need under division (C)(1) or (2) of section 3702.52 of the	28856
Revised Code.	28857

(C) The certificate of need holder may appeal to the director	28858
in accordance with Chapter 119. of the Revised Code a decision	28859
issued by the director under section 3702.52 or 3702.526 of the	28860
Revised Code on or after April 20, 1995, to withdraw a certificate	28861
of need, and the director shall provide an adjudication hearing in	28862
accordance with that chapter. The person may appeal the director's	28863
ruling in the adjudication hearing to the tenth district court of	28864
appeals.	28865

(D) Any person determined by the director to have violated	28866
section 3702.53 of the Revised Code may appeal that determination,	28867
or the penalties imposed under section 3702.54, 3702.541, or	28868
3702.542, or former section 3702.543 of the Revised Code, to the	28869
director in accordance with Chapter 119. of the Revised Code, and	28870
the director shall provide an adjudication hearing in accordance	28871
with that chapter. The person may appeal the director's ruling in	28872
the adjudication hearing to the tenth district court of appeals.	28873

(E) Each person appealing under this section to the director	28874
shall file with the director, not later than thirty days after the	28875
decision, ruling, or determination of the director was mailed, a	28876
notice of appeal designating the decision, ruling, or	28877
determination appealed from.	28878

(F) Each person appealing under this section to the tenth	28879
district court of appeals shall file with the court, not later	28880
than thirty days after the date the director's adjudication order	28881
was mailed, a notice of appeal designating the order appealed	28882
from. The appellant also shall file notice with the director not	28883
later than thirty days after the date the order was mailed.	28884

(1) Not later than thirty days after receipt of the notice of	28885
appeal, the director shall prepare and certify to the court the	28886
complete record of the proceedings out of which the appeal arises.	28887
The expense of preparing and transcribing the record shall be	28888
taxed as part of the costs of the appeal. In the event that the	28889
record or a part thereof is not certified within the time	28890
prescribed by this division, the appellant may apply to the court	28891
for an order that the record be certified.	28892

(2) In hearing the appeal, the court shall consider only the	28893
evidence contained in the record certified to it by the director.	28894
The court may remand the matter to the director for the admission	28895
of additional evidence on a finding that the additional evidence	28896
is material, newly discovered, and could not with reasonable	28897
diligence have been ascertained before the hearing before the	28898
director. Except as otherwise provided by statute, the court shall	28899
give the hearing on the appeal preference over all other civil	28900
matters, irrespective of the position of the proceedings on the	28901
calendar of the court.	28902

(3) The court shall affirm the director's order if it finds,	28903
upon consideration of the entire record and any additional	28904
evidence admitted under division (F)(2) of this section, that the	28905
order is supported by reliable, probative, and substantial	28906
evidence and is in accordance with law. In the absence of such a	28907
finding, it shall reverse, vacate, or modify the order.	28908

(4) If the court determines that the director committed	28909
material procedural error, the court shall remand the matter to	28910
the director for further consideration or action.	28911

(G) The court may award reasonable attorney's fees against	28912
the appellant if it determines that the appeal was frivolous.	28913
Sections 119.092, 119.093, and 2335.39 of the Revised Code do not	28914
apply to adjudication hearings under this section or section	28915
3702.52 of the Revised Code and judicial appeals under this	28916
section.	28917

(H) No person may intervene in an appeal brought under this	28918
section.	28919

Sec. 3702.61. In addition to the sanctions imposed under	28920
sections 3702.54, 3702.541, 3702.542, ~~3702.543,~~ and 3702.55 and	28921
former section 3702.543 of the Revised Code, if any person	28922
violates section 3702.53 of the Revised Code, the attorney general	28923
may commence necessary legal proceedings in the court of common	28924
pleas of Franklin county to enjoin the person from such violation	28925
until the requirements of sections 3702.51 to 3702.62 of the	28926
Revised Code have been satisfied. At the request of the director	28927
of health, the attorney general shall commence any necessary	28928
proceedings. The court has jurisdiction to grant and, on a showing	28929
of a violation, shall grant appropriate injunctive relief.	28930

Sec. 3702.63. As specified in former Section 11 of Am. Sub.	28931
S.B. 50 of the 121st general assembly, as amended by Am. Sub. H.B.	28932
405 of the 124th general assembly, all of the following apply:	28933

(A) The removal of former divisions (E) and (F) of section	28934
3702.52 of the Revised Code by Sections 1 and 2 of Am. Sub. S.B.	28935
50 of the 121st general assembly does not release the holders of	28936
certificates of need issued under those divisions from complying	28937
with any conditions on which the granting of the certificates of	28938
need was based, including the requirement of former division	28939
(E)(6) of that section that the holders not enter into provider	28940
agreements under Chapter 5111. of the Revised Code and Title XIX	28941
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	28942
as amended, for at least ten years following initial licensure of	28943
the long-term care facilities for which the certificates were	28944
granted.	28945

(B) The repeal of section 3702.55 of the Revised Code by	28946
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	28947
not release the holders of certificates of need issued under that	28948
section from complying with any conditions on which the granting	28949
of the certificates of need was based, other than the requirement	28950
of division (A)(6) of that section that the holders not seek	28951
certification under Title XVIII of the "Social Security Act" for	28952
beds recategorized under the certificates. That repeal also does	28953
not eliminate the requirement that the director of health revoke	28954
the licensure of the beds under Chapter 3721. of the Revised Code	28955
if a person to which their ownership is transferred fails, as	28956
required by division (A)(6) of the repealed section, to file	28957
within ten days after the transfer a sworn statement not to seek	28958
certification under Title XIX of the "Social Security Act" for	28959
beds recategorized under the certificates of need.	28960

(C) The repeal of section 3702.56 of the Revised Code by	28961
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	28962
not release the holders of certificates of need issued under that	28963
section from complying with any conditions on which the granting	28964
of the certificates of need was based.	28965

Sec. 3702.68. (A) Notwithstanding sections 3702.51 to	28966
3702.62 of the Revised Code, this section applies to the review of	28967
certificate of need applications during the period beginning July	28968
1, 1993, and ending June 30, ~~2003~~2005.	28969

(B)(1) Except as provided in division (B)(2) of this section,	28970
the director of health shall neither grant nor deny any	28971
application for a certificate of need submitted prior to July 1,	28972
1993, if the application was for any of the following and the	28973
director had not issued a written decision concerning the	28974
application prior to that date:	28975

(a) Approval of beds in a new health care facility or an	28976
increase of beds in an existing health care facility, if the beds	28977
are proposed to be licensed as nursing home beds under Chapter	28978
3721. of the Revised Code;	28979

(b) Approval of beds in a new county home or new county	28980
nursing home as defined in section 5155.31 of the Revised Code, or	28981
an increase of beds in an existing county home or existing county	28982
nursing home, if the beds are proposed to be certified as skilled	28983
nursing facility beds under Title XVIII or nursing facility beds	28984
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	28985
42 U.S.C.A. 301, as amended;	28986

(c) Recategorization of hospital beds as described in section	28987
3702.522 of the Revised Code, an increase of hospital beds	28988
registered pursuant to section 3701.07 of the Revised Code as	28989
long-term care beds or skilled nursing facility beds, or a	28990
recategorization of hospital beds that would result in an increase	28991
of beds registered pursuant to that section as long-term care beds	28992
or skilled nursing facility beds.	28993

On July 1, 1993, the director shall return each such	28994
application to the applicant and, notwithstanding section 3702.52	28995
of the Revised Code regarding the uses of the certificate of need	28996
fund, shall refund to the applicant the application fee paid under	28997
that section. Applications returned under division (B)(1) of this	28998
section may be resubmitted in accordance with section 3702.52 of	28999
the Revised Code no sooner than July 1, ~~2003~~2005.	29000

(2) The director shall continue to review and shall issue a	29001
decision regarding any application submitted prior to July 1,	29002
1993, to increase beds for either of the purposes described in	29003
division (B)(1)(a) or (b) of this section if the proposed increase	29004
in beds is attributable solely to a replacement or relocation of	29005
existing beds within the same county. The director shall authorize	29006
under such an application no additional beds beyond those being	29007
replaced or relocated.	29008

(C)(1) Except as provided in division (C)(2) of this section,	29009
the director, during the period beginning July 1, 1993, and ending	29010
June 30, ~~2003~~2005, shall not accept for review under section	29011
3702.52 of the Revised Code any application for a certificate of	29012
need for any of the purposes described in divisions (B)(1)(a) to	29013
(c) of this section.	29014

(2) The director shall accept for review any application for	29015
either of the purposes described in division (B)(1)(a) or (b) of	29016
this section if the proposed increase in beds is attributable	29017
solely to a replacement or relocation of existing beds within the	29018
same county. The director shall authorize under such an	29019
application no additional beds beyond those being replaced or	29020
relocated. The director also shall accept for review any	29021
application that seeks certificate of need approval for existing	29022
beds located in an infirmary that is operated exclusively by a	29023
religious order, provides care exclusively to members of religious	29024
orders who take vows of celibacy and live by virtue of their vows	29025
within the orders as if related, and was providing care	29026
exclusively to members of such a religious order on January 1,	29027
1994.	29028

(D) The director shall issue a decision regarding any case	29029
remanded by a court as the result of a decision issued by the	29030
director prior to July 1, 1993, to grant, deny, or withdraw a	29031
certificate of need for any of the purposes described in divisions	29032
(B)(1)(a) to (c) of this section.	29033

(E) The director shall not project the need for beds listed	29034
in division (B)(1) of this section for the period beginning July	29035
1, 1993, and ending June 30, ~~2003~~2005.	29036

This section is an interim section effective until July 1,	29037
~~2003~~2005.	29038

Sec. 3702.74. (A) A primary care physician who has signed a	29039
letter of intent under section 3702.73 of the Revised Code, the	29040
director of health, and the Ohio board of regents may enter into a	29041
contract for the physician's participation in the physician loan	29042
repayment program. A lending institution may also be a party to	29043
the contract.	29044

(B) The contract shall include all of the following	29045
obligations:	29046

(1) The primary care physician agrees to provide primary care	29047
services in the health resource shortage area identified in the	29048
letter of intent for at least two years or one year per twenty	29049
thousand dollars of repayment agreed to under division (B)(3) of	29050
this section, whichever is greater;	29051

(2) When providing primary care services in the health	29052
resource shortage area, the primary care physician agrees to do	29053
all of the following:	29054

(a) Provide primary care services for a minimum of forty	29055
hours per week;	29056

(b) Provide primary care services without regard to a	29057
patient's ability to pay;	29058

(c) Meet the conditions prescribed by the "Social Security	29059
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	29060
department of job and family services for participation in the	29061
medical assistance program established under Chapter 5111. of the	29062
Revised Code and enter into a contract with the department to	29063
provide primary care services to recipients of the medical	29064
assistance program;	29065

(d) Meet the conditions established by the department of job	29066
and family services for participation in the disability ~~assistance~~	29067
medical assistance program established under Chapter 5115. of the	29068
Revised Code and enter into a contract with the department to	29069
provide primary care services to recipients of disability medical	29070
assistance.	29071

(3) The Ohio board of regents agrees, as provided in section	29072
3702.75 of the Revised Code, to repay, so long as the primary care	29073
physician performs the service obligation agreed to under division	29074
(B)(1) of this section, all or part of the principal and interest	29075
of a government or other educational loan taken by the primary	29076
care physician for expenses described in section 3702.75 of the	29077
Revised Code;	29078

(4) The primary care physician agrees to pay the board the	29079
following as damages if the physician fails to complete the	29080
service obligation agreed to under division (B)(1) of this	29081
section:	29082

(a) If the failure occurs during the first two years of the	29083
service obligation, three times the total amount the board has	29084
agreed to repay under division (B)(3) of this section;	29085

(b) If the failure occurs after the first two years of the	29086
service obligation, three times the amount the board is still	29087
obligated to repay under division (B)(3) of this section.	29088

(C) The contract may include any other terms agreed upon by	29089
the parties, including an assignment to the Ohio board of regents	29090
of the physician's duty to pay the principal and interest of a	29091
government or other educational loan taken by the physician for	29092
expenses described in section 3702.75 of the Revised Code. If the	29093
board assumes the physician's duty to pay a loan, the contract	29094
shall set forth the total amount of principal and interest to be	29095
paid, an amortization schedule, and the amount of each payment to	29096
be made under the schedule.	29097

Sec. 3705.01. As used in this chapter:

29098

(A) "Live birth" means the complete expulsion or extraction	29099
from its mother of a product of human conception that after such	29100
expulsion or extraction breathes or shows any other evidence of	29101
life such as beating of the heart, pulsation of the umbilical	29102
cord, or definite movement of voluntary muscles, whether or not	29103
the umbilical cord has been cut or the placenta is attached.	29104

(B)(1) "Fetal death" means death prior to the complete	29105
expulsion or extraction from its mother of a product of human	29106
conception of at least twenty weeks of gestation, which after such	29107
expulsion or extraction does not breathe or show any other	29108
evidence of life such as beating of the heart, pulsation of the	29109
umbilical cord, or definite movement of voluntary muscles.	29110

(2) "Stillbirth" has the same meaning as "fetal death."

29111

(3) "Stillborn" means that a child suffered a fetal death.

29112

(C) "Dead body" means a human body or part of a human body	29113
from the condition of which it reasonably may be concluded that	29114
death recently occurred.	29115

(D) "Physician" means a person licensed pursuant to Chapter	29116
4731. of the Revised Code to practice medicine or surgery or	29117
osteopathic medicine and surgery.	29118

(E) "Attending physician" means the physician in charge of	29119
the patient's care for the illness or condition that resulted in	29120
death.	29121

(F) "Institution" means any establishment, public or private,	29122
that provides medical, surgical, or diagnostic care or treatment,	29123
or domiciliary care, to two or more unrelated individuals, or to	29124
persons committed by law.	29125

(G) "Funeral director" has the meaning given in section	29126
4717.01 of the Revised Code.	29127

(H) "State registrar" means the head of the office of vital	29128
statistics in the department of health.	29129

(I) "Medical certification" means completion of the medical	29130
certification portion of the certificate of death or fetal death	29131
as to the cause of death or fetal death.	29132

(J) "Final disposition" means the interment, cremation,	29133
removal from the state, donation, or other authorized disposition	29134
of a dead body or a fetal death.	29135

(K) "Interment" means the final disposition of the remains of	29136
a dead body by burial or entombment.	29137

(L) "Cremation" means the reduction to ashes of a dead body.

29138

(M) "Donation" means gift of a dead body to a research	29139
institution or medical school.	29140

(N) "System of vital statistics" means the registration,	29141
collection, preservation, amendment, and certification of vital	29142
records, the collection of other reports required by this chapter,	29143
and activities related thereto.	29144

(O) "Vital records" means certificates or reports of birth,	29145
death, fetal death, marriage, divorce, dissolution of marriage,	29146
annulment, and data related thereto and other documents maintained	29147
as required by statute.	29148

(P) "File" means the presentation of vital records for	29149
registration by the office of vital statistics.	29150

(Q) "Registration" means the acceptance by the office of	29151
vital statistics and the incorporation of vital records into its	29152
official records.	29153

(R) "Birth record" means a birth certificate that has been	29154
registered with the office of vital statistics; or, if registered	29155
prior to the effective date of this section, with the division of	29156
vital statistics; or, if registered prior to the establishment of	29157
the division of vital statistics, with the department of health or	29158
a local registrar.	29159

(S) "Certification of birth" means a document issued by the	29160
director of health or state registrar or a local registrar under	29161
division (B) of section 3705.23 of the Revised Code.	29162

Sec. 3705.07. (A) The local registrar of vital statistics	29163
shall number consecutively the birth, fetal death, and death	29164
certificates in three separate series, beginning with "number one"	29165
for the first birth, the first fetal death, and the first death	29166
registered in each calendar year. Such local registrar shall sign	29167
the local registrar's name in attest to the date of filing in the	29168
local office. The local registrar shall make a complete and	29169
accurate copy of each birth, fetal death, and death certificate	29170
registered. Each copy shall be filed and permanently preserved as	29171
the local record of such birth, fetal death, or death except as	29172
provided in sections 3705.09 and 3705.12 of the Revised Code. The	29173
local record may be a typewritten, photographic, electronic, or	29174
other reproduction. On or before the tenth day of each month, the	29175
local registrar shall transmit to the state office of vital	29176
statistics all original birth, fetal death, death, and military	29177
service certificates received, and all social security numbers	29178
obtained under section 3705.09, 3705.10, or 3705.16 of the Revised	29179
Code, during the preceding month. The local registrar shall	29180
immediately notify the health commissioner with jurisdiction in	29181
the registration district of the receipt of a death certificate	29182
attesting that death resulted from a communicable disease.	29183

The office of vital statistics shall carefully examine the	29184
records and certificates received from local registrars of vital	29185
statistics and shall secure any further information that may be	29186
necessary to make each record and certificate complete and	29187
satisfactory. It shall arrange and preserve the records and	29188
certificates, or reproductions of them produced pursuant to	29189
section 3705.03 of the Revised Code, in a systematic manner and	29190
shall maintain a permanent index of all births, fetal deaths, and	29191
deaths registered, which shall show the name of the child or	29192
deceased person, place and date of birth or death, number of the	29193
record or certificate, and the volume in which it is contained.	29194

(B)(1) The office of vital statistics shall make available to	29195
the division of child support in the department of job and family	29196
services all social security numbers that were furnished to a	29197
local registrar of vital statistics under division ~~(I)~~(J) of	29198
section 3705.09 or under section 3705.10 or 3705.16 of the Revised	29199
Code and that were transmitted to the office under division (A) of	29200
this section.	29201

(2) The office of vital statistics also shall make available	29202
to the division of child support in the department of job and	29203
family services any other information recorded in the birth record	29204
that may enable the division to use the social security numbers	29205
provided under division (B)(1) of this section to obtain the	29206
location of the father of the child whose birth certificate was	29207
accompanied by the social security number or to otherwise enforce	29208
a child support order pertaining to that child or any other child.	29209

Sec. 3705.08. The director of health, by rule, shall	29210
prescribe the form of records and certificates required by this	29211
chapter. Records and certificates shall include the items and	29212
information prescribed by the director, including the items	29213
recommended by the national center for health statistics of the	29214
United States department of health and human services, subject to	29215
approval of and modification by the director~~, and all~~. All birth	29216
certificates shall include a statement setting forth the names of	29217
the child's parents and a line for the mother's and the father's	29218
signature and shall include a space to indicate whether the child	29219
was still born.	29220

The director shall prescribe methods, forms, and blanks and	29221
shall furnish necessary postage, forms, and blanks for obtaining	29222
registration of births, deaths, and other vital statistics in each	29223
registration district, and for preserving the records of the	29224
office of vital statistics, and no forms or blanks shall be used	29225
other than those prescribed by the director.	29226

All birth, fetal death, and death records and certificates	29227
shall be printed legibly or typewritten in unfading black ink and	29228
signed. Except as provided in division (G) of section 3705.09,	29229
division (A) of section 3705.12, division (D) of section 3705.15,	29230
or section 3705.16 of the Revised Code, a signature required on a	29231
birth, fetal death, or death certificate shall be written by the	29232
person required to sign and a facsimile signature shall not be	29233
used.	29234

All vital records shall contain the date received for	29235
registration.	29236

Information required in certificates, records, or reports	29237
authorized by this chapter may be filed and registered by	29238
photographic, electronic, or other means as prescribed by the	29239
director.	29240

Sec. 3705.09. (A) A birth certificate for each live birth in	29241
this state shall be filed in the registration district in which it	29242
occurs within ten days after such birth and shall be registered if	29243
it has been completed and filed in accordance with this section.	29244

(B) When a birth occurs in or en route to an institution, the	29245
person in charge of the institution or a designated representative	29246
shall obtain the personal data, prepare the certificate, secure	29247
the signatures required, and file the certificate within ten days	29248
with the local registrar of vital statistics. The physician in	29249
attendance shall provide the medical information required by the	29250
certificate and certify to the facts of birth within seventy-two	29251
hours after the birth.	29252

(C) When a birth occurs outside an institution, the birth	29253
certificate shall be prepared and filed by one of the following in	29254
the indicated order of priority:	29255

(1) The physician in attendance at or immediately after the	29256
birth;	29257

(2) Any other person in attendance at or immediately after	29258
the birth;	29259

(3) The father;

29260

(4) The mother;

29261

(5) The person in charge of the premises where the birth	29262
occurred.	29263

(D) Either of the parents of the child or other informant	29264
shall attest to the accuracy of the personal data entered on the	29265
birth certificate in time to permit the filing of the certificate	29266
within the ten days prescribed in this section.	29267

(E) When a birth occurs in a moving conveyance within the	29268
United States and the child is first removed from the conveyance	29269
in this state, the birth shall be registered in this state and the	29270
place where it is first removed shall be considered the place of	29271
birth. When a birth occurs on a moving conveyance while in	29272
international waters or air space or in a foreign country or its	29273
air space and the child is first removed from the conveyance in	29274
this state, the birth shall be registered in this state but the	29275
record shall show the actual place of birth insofar as can be	29276
determined.	29277

(F)(1) If the mother of a child was married at the time of	29278
either conception or birth or between conception and birth, the	29279
child shall be registered in the surname designated by the mother,	29280
and the name of the husband shall be entered on the certificate as	29281
the father of the child. The presumption of paternity shall be in	29282
accordance with section 3111.03 of the Revised Code.	29283

(2) If the mother was not married at the time of conception	29284
or birth or between conception and birth, the child shall be	29285
registered by the surname designated by the mother. The name of	29286
the father of such child shall also be inserted on the birth	29287
certificate if both the mother and the father sign an	29288
acknowledgement of paternity affidavit before the birth record has	29289
been sent to the local registrar. If the father is not named on	29290
the birth certificate pursuant to division (F)(1) or (2) of this	29291
section, no other information about the father shall be entered on	29292
the record.	29293

(G) When a man is presumed, found, or declared to be the	29294
father of a child, according to section 2105.26, sections 3111.01	29295
to 3111.18, former section 3111.21, or sections 3111.38 to 3111.54	29296
of the Revised Code, or the father has acknowledged the child as	29297
his child in an acknowledgment of paternity, and the	29298
acknowledgment has become final pursuant to section 2151.232,	29299
3111.25, or 3111.821 of the Revised Code, and documentary evidence	29300
of such fact is submitted to the department of health in such form	29301
as the director may require, a new birth record shall be issued by	29302
the department which shall have the same overall appearance as the	29303
record which would have been issued under this section if a	29304
marriage had occurred before the birth of such child. Where	29305
handwriting is required to effect such appearance, the department	29306
shall supply it. Upon the issuance of such new birth record, the	29307
original birth record shall cease to be a public record. Except as	29308
provided in division (C) of section 3705.091 of the Revised Code,	29309
the original record and any documentary evidence supporting the	29310
new registration of birth shall be placed in an envelope which	29311
shall be sealed by the department and shall not be open to	29312
inspection or copy unless so ordered by a court of competent	29313
jurisdiction.	29314

The department shall then promptly forward a copy of the new	29315
birth record to the local registrar of vital statistics of the	29316
district in which the birth occurred, and such local registrar	29317
shall file a copy of such new birth record along with and in the	29318
same manner as the other copies of birth records in such local	29319
registrar's possession. All copies of the original birth record in	29320
the possession of the local registrar or the probate court, as	29321
well as any and all index references to it, shall be destroyed.	29322
Such new birth record, as well as any certified or exact copy of	29323
it, when properly authenticated by a duly authorized person shall	29324
be prima-facie evidence in all courts and places of the facts	29325
stated in it.	29326

(H) When a woman who is a legal resident of this state has	29327
given birth to a child in a foreign country that does not have a	29328
system of registration of vital statistics, a birth record may be	29329
filed in the office of vital statistics on evidence satisfactory	29330
to the director of health.	29331

(I)(1) When a stillbirth occurs in or on route to an	29332
institution, the person in charge of the institution or a	29333
designated representative shall, at the request of either parent	29334
of the stillborn child, prepare a birth certificate for the child,	29335
obtain the necessary personal data, secure the required	29336
signatures, and file the certificate within ten days with the	29337
local registrar of vital statistics. The attending physician shall	29338
provide the medical information required by the certificate,	29339
indicate on the certificate that the child was stillborn, and	29340
certify to the facts of the stillbirth within seventy-two hours	29341
after the stillbirth.	29342

(2) When a stillbirth occurs outside an institution and	29343
either parent of the stillborn child requests a birth certificate	29344
for the child, the physician or other person in attendance at or	29345
immediately after the stillbirth or a designated representative	29346
shall prepare the birth certificate, obtain the necessary personal	29347
information, and secure the required signatures. The physician or	29348
other person shall provide and certify the medical information	29349
required by the certificate within seventy-two hours after the	29350
stillbirth and indicate on the certificate that the child was	29351
stillborn. The physician, other person, or a designated	29352
representative shall file the birth certificate within ten days	29353
with the local registrar of vital statistics.	29354

(3) Issuance of a birth certificate under this division does	29355
not affect the requirement that a fetal death certificate be	29356
completed and registered pursuant to section 3705.16 of the	29357
Revised Code.	29358

(J) Every birth certificate filed under this section on or	29359
after July 1, 1990, shall be accompanied by all social security	29360
numbers that have been issued to the parents of the child, unless	29361
the division of child support in the department of job and family	29362
services, acting in accordance with regulations prescribed under	29363
the "Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405,	29364
as amended, finds good cause for not requiring that the numbers be	29365
furnished with the certificate. The parents' social security	29366
numbers shall not be recorded on the certificate. The local	29367
registrar of vital statistics shall transmit the social security	29368
numbers to the state office of vital statistics in accordance with	29369
section 3705.07 of the Revised Code. No social security number	29370
obtained under this division shall be used for any purpose other	29371
than child support enforcement.	29372

Sec. 3705.23. (A)(1) Except as otherwise provided in this	29373
section, the director of health, the state registrar, or a local	29374
registrar, on receipt of a signed application and the fee	29375
specified in section 3705.24 of the Revised Code, shall issue a	29376
certified copy of a vital record, or of a part of a vital record,	29377
in the director's or registrar's custody to any applicant, unless	29378
the vital record has ceased to be a public record pursuant to	29379
section 3705.09, 3705.11, 3705.12, or 3705.15 of the Revised Code.	29380
The certified copy shall show the date the vital record was	29381
registered by the local registrar.	29382

(2) A certified copy of a vital record may be made by a	29383
mechanical, electronic, or other reproduction process. It shall be	29384
certified as a true copy by the director, state registrar, or	29385
local registrar who has custody of the record and shall include	29386
the date of issuance, the name of the issuing officer, the	29387
signature of the officer or an authorized facsimile of the	29388
signature, and the seal of the issuing office.	29389

(3) A certified copy of a vital record or of any part of a	29390
vital record, issued in accordance with this section, shall be	29391
considered for all purposes the same as the original and shall be	29392
prima-facie evidence of the facts stated in it in all courts and	29393
places.	29394

(4)(a) Information contained in the "information for medical	29395
and health use only" section of a birth record shall not be	29396
included as part of a certified copy of the birth record unless	29397
the information specifically is requested by the individual to	29398
whose birth the record attests, either of the individual's parents	29399
or the individual's guardian, a lineal descendant, or an official	29400
of the federal or state government or of a political subdivision	29401
of the state charged by law with detecting or prosecuting crime.	29402

(b) Except as provided in division (A)(4)(a) of this section,	29403
neither the office of vital statistics nor a local registrar shall	29404
disclose information contained in the "information for medical and	29405
health use only" section of a birth record unless a court, for	29406
good cause shown, orders disclosure of the information or the	29407
state registrar specifically authorizes release of the information	29408
for statistical or research purposes under conditions the state	29409
registrar, subject to the approval of the director of health,	29410
shall establish by rule.	29411

(B)(1) Unless the applicant specifically requests a certified	29412
copy, the director, the state registrar, or a local registrar, on	29413
receipt of a signed application for a birth record and the fee	29414
specified in section 3705.24 of the Revised Code, may issue a	29415
certification of birth, and the certification of birth shall	29416
contain at least the name, sex, date of birth, registration date,	29417
and place of birth of the person to whose birth the record attests	29418
and shall attest that the person's birth has been registered. A	29419
certification of birth shall be prima-facie evidence of the facts	29420
stated in it in all courts and places.	29421

(2) The director or the state registrar, on the receipt of a	29422
signed application for an heirloom certification of birth and the	29423
fee specified in section 3705.24 of the Revised Code, may issue an	29424
heirloom certification of birth. The director shall prescribe by	29425
rule guidelines for the form of an heirloom certification of	29426
birth, and the guidelines shall require the heirloom certification	29427
of birth to contain at least the name, sex, date of birth,	29428
registration date, and place of birth of the person to whose birth	29429
the record attests and to attest that the person's birth has been	29430
registered. An heirloom certification of birth shall be	29431
prima-facie evidence of the facts stated in it in all courts and	29432
places.	29433

(C) On evidence that a birth certificate was registered	29434
through misrepresentation or fraud, the state registrar may	29435
withhold the issuance of a certified copy of the birth record or a	29436
certification of birth until a court makes a determination that no	29437
misrepresentation or fraud occurred.	29438

~~(D) Except as provided in division (A)(4)(b) of this section,~~	29439
~~the state registrar and a local registrar, on request, shall~~	29440
~~provide uncertified copies of vital records in accordance with~~	29441
~~section 149.43 of the Revised Code.~~	29442

Sec. 3705.24. (A) ~~Except as otherwise provided in this~~	29443
~~division or division (G) of this section, the fee for a certified~~	29444
~~copy of a vital record or for a certification of birth shall be~~	29445
~~seven dollars plus any fee required by section 3109.14 of the~~	29446
~~Revised Code. Except as provided in section 3705.241 of the~~	29447
~~Revised Code, the fee for a certified copy of a vital record or~~	29448
~~for a certification of birth issued by the office of vital~~	29449
~~statistics shall be an amount prescribed by the public health~~	29450
~~council plus any fee required by section 3109.14 of the Revised~~	29451
~~Code. The fee for a certified copy of a vital record or for a~~	29452
~~certification of birth issued by a health district shall be an~~	29453
~~amount prescribed in accordance with section 3709.09 of the~~	29454
~~Revised Code plus any fee required by section 3109.14 of the~~	29455
~~Revised Code. No certified copy of a vital record or certification~~	29456
~~of birth shall be issued without payment of the fee unless~~	29457
~~otherwise specified by statute.~~	29458

~~For a special search of the files and records to determine a~~	29459
~~date or place contained in a record on file, the office of vital~~	29460
~~statistics shall charge a fee of three dollars for each hour or~~	29461
~~fractional part of an hour required for the search.~~	29462

~~(B)~~(1) The public health council shall, in accordance with	29463
section 111.15 of the Revised Code, adopt rules prescribing fees	29464
for the following services provided by the state office of vital	29465
statistics:	29466

(a) Except as provided in division (A)(4) of this section:

29467

(i) A certified copy of a vital record or a certification of	29468
birth;	29469

(ii) A search by the office of vital statistics of its files	29470
and records pursuant to a request for information, regardless of	29471
whether a copy of a record is provided;	29472

(iii) A copy of a record provided pursuant to a request;

29473

(b) Replacement of a birth certificate following an adoption,	29474
legitimation, paternity determination or acknowledgement, or court	29475
order;	29476

29477

(d) Amendment of a vital record that is requested later than	29478
one year after the filing date of the vital record;	29479

(e) Any other documents or services for which the public	29480
health council considers the charging of a fee appropriate.	29481

(2) Fees prescribed under division (A)(1)(a) of this section	29482
shall not be less than seven dollars.	29483

(3) Fees prescribed under division (A)(1) of this section	29484
shall be collected in addition to any fee required by section	29485
3109.14 of the Revised Code.	29486

(4) Fees prescribed under division (A) of this section shall	29487
not apply to certifications issued under division (H) of this	29488
section or copies provided under section 3705.241 of the Revised	29489
Code.	29490

(B) In addition to the fees prescribed under division (A) of	29491
this section or section 3709.09 of the Revised Code, the office of	29492
vital statistics or the board of health of a city or general	29493
health district shall charge a five-dollar fee for each certified	29494
copy of a vital record and each certification of birth. This fee	29495
shall be deposited in the general operations fund created under	29496
section 3701.83 of the Revised Code and be used solely toward the	29497
modernization and automation of the system of vital records in	29498
this state. A board of health shall forward all fees collected	29499
under this division to the department of health not later than	29500
thirty days after the end of each calendar quarter.	29501

(C) Except as otherwise provided in division ~~(G)~~(H) of this	29502
section, and except as provided in section 3705.241 of the Revised	29503
Code, fees collected by the director of health under sections	29504
3705.01 to 3705.29 of the Revised Code shall be paid into the	29505
state treasury to the credit of the general operations fund	29506
created by section 3701.83 of the Revised Code. ~~Money~~Except as	29507
provided in division (B) of this section, money generated by the	29508
fees shall be used only for administration and enforcement of this	29509
chapter and the rules adopted under it. Amounts submitted to the	29510
department of health for copies of vital records or services in	29511
excess of the fees imposed by this section shall be dealt with as	29512
follows:	29513

(1) An overpayment of two dollars or less shall be retained	29514
by the department and deposited in the state treasury to the	29515
credit of the general operations fund created by section 3701.83	29516
of the Revised Code.	29517

(2) An overpayment in excess of two dollars shall be returned	29518
to the person who made the overpayment.	29519

~~(C)~~(D) If a local registrar is a salaried employee of a city	29520
or a general health district, any fees the local registrar	29521
receives pursuant to section 3705.23 of the Revised Code shall be	29522
paid into the general fund of the city or the health fund of the	29523
general health district.	29524

Each local registrar of vital statistics, or each health	29525
district where the local registrar is a salaried employee of the	29526
district, shall be entitled to a fee for each birth, fetal death,	29527
death, or military service certificate properly and completely	29528
made out and registered with the local registrar or district and	29529
correctly copied and forwarded to the office of vital statistics	29530
in accordance with the population of the primary registration	29531
district at the last federal census. The fee for each birth, fetal	29532
death, death, or military service certificate shall be:	29533

(1) In primary registration districts of over two hundred	29534
fifty thousand, twenty cents;	29535

(2) In primary registration districts of over one hundred	29536
twenty-five thousand and less than two hundred fifty thousand,	29537
sixty cents;	29538

(3) In primary registration districts of over fifty thousand	29539
and less than one hundred twenty-five thousand, eighty cents;	29540

(4) In primary registration districts of less than fifty	29541
thousand, one dollar.	29542

~~(D)~~(E) The director of health shall annually certify to the	29543
county treasurers of the several counties the number of birth,	29544
fetal death, death, and military service certificates registered	29545
from their respective counties with the names of the local	29546
registrars and the amounts due each registrar and health district	29547
at the rates fixed in this section. Such amounts shall be paid by	29548
the treasurer of the county in which the registration districts	29549
are located. No fees shall be charged or collected by registrars	29550
except as provided by this chapter and section 3109.14 of the	29551
Revised Code.	29552

~~(E)~~(F) A probate judge shall be paid a fee of fifteen cents	29553
for each certified abstract of marriage prepared and forwarded by	29554
the probate judge to the department of health pursuant to section	29555
3705.21 of the Revised Code. The fee shall be in addition to the	29556
fee paid for a marriage license and shall be paid by the	29557
applicants for the license.	29558

~~(F)~~(G) The clerk of a court of common pleas shall be paid a	29559
fee of one dollar for each certificate of divorce, dissolution,	29560
and annulment of marriage prepared and forwarded by the clerk to	29561
the department pursuant to section 3705.21 of the Revised Code.	29562
The fee for the certified abstract of divorce, dissolution, or	29563
annulment of marriage shall be added to the court costs allowed in	29564
these cases.	29565

~~(G)~~(H) The fee for an heirloom certification of birth issued	29566
pursuant to division (B)(2) of section 3705.23 of the Revised Code	29567
shall be an amount prescribed by rule by the director of health	29568
plus any fee required by section 3109.14 of the Revised Code. In	29569
setting the amount of the fee, the director shall establish a	29570
surcharge in addition to an amount necessary to offset the expense	29571
of processing heirloom certifications of birth. The fee prescribed	29572
by the director of health pursuant to this division shall be	29573
deposited into the state treasury to the credit of the heirloom	29574
certification of birth fund which is hereby created. Money	29575
credited to the fund shall be used by the office of vital	29576
statistics to offset the expense of processing heirloom	29577
certifications of birth. However, the money collected for the	29578
surcharge, subject to the approval of the controlling board, shall	29579
be used for the purposes specified by the family and children	29580
first council pursuant to section 121.37 of the Revised Code.	29581

Sec. 3709.09. (A) The board of health of a city or general	29582
health district may, by rule, establish a uniform system of fees	29583
to pay the costs of any services provided by the board. ~~Fees~~	29584

The fee for issuance of a certified copy of a vital record or	29585
a certification of birth shall not be less than the fee prescribed	29586
for the same service under division (A)(1) of section 3705.24 of	29587
the Revised Code and shall include the fees required by division	29588
(B) of section 3705.24 and section 3109.14 of the Revised Code.	29589

Fees for services provided by the board for purposes	29590
specified in sections 3701.344, 3711.05, 3730.03, 3733.04,	29591
3733.25, and 3749.04 of the Revised Code shall be established in	29592
accordance with rules adopted under division (B) of this section.	29593
The district advisory council, in the case of a general health	29594
district, and the legislative authority of the city, in the case	29595
of a city health district, may disapprove any fee established by	29596
the board of health under this division, and any such fee, as	29597
disapproved, shall not be charged by the board of health.	29598

(B) The public health council shall adopt rules under section	29599
111.15 of the Revised Code that establish fee categories and	29600
uniform methodologies for use in calculating the costs of services	29601
provided for purposes specified in sections 3701.344, 3711.05,	29602
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code. In	29603
adopting the rules, the public health council shall consider	29604
recommendations it receives from advisory boards established	29605
either by statute or the director of health for entities subject	29606
to the fees.	29607

(C) At least thirty days prior to establishing a fee for a	29608
service provided by the board for a purpose specified in section	29609
3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the	29610
Revised Code, a board of health shall notify any entity that would	29611
be affected by the proposed fee of the amount of the proposed fee.	29612

Sec. 3710.05. (A) Except as otherwise provided in this	29613
chapter, no person shall engage in any asbestos hazard abatement	29614
activities in this state unless licensed or certified pursuant to	29615
this chapter.	29616

(B) To apply for licensure as an asbestos abatement	29617
contractor or certification as an asbestos hazard abatement	29618
specialist, an asbestos hazard evaluation specialist, an asbestos	29619
hazard abatement project designer, or an asbestos hazard abatement	29620
air-monitoring technician, a person shall do all of the following:	29621

(1) Submit a completed application to the department of	29622
health, on a form provided by the department;	29623

(2) Pay the requisite fee as provided in division (D) of this	29624
section;	29625

(3) Submit any other information the public health council by	29626
rule requires.	29627

(C) The application form for a business entity or public	29628
entity applying for an asbestos hazard abatement contractor's	29629
license shall include all of the following:	29630

(1) A description of the protective clothing and respirators	29631
that the public entity will use to comply with rules adopted by	29632
the public health council and that the business entity will use to	29633
comply with requirements of the United States occupational safety	29634
and health administration;	29635

(2) A description of procedures the business entity or public	29636
entity will use for the selection, utilization, handling, removal,	29637
and disposal of clothing to prevent contamination or	29638
recontamination of the environment and to protect the public	29639
health from the hazards associated with exposure to asbestos;	29640

(3) The name and address of each asbestos disposal site that	29641
the business entity or public entity might use during the year;	29642

(4) A description of the site decontamination procedures that	29643
the business entity or public entity will use;	29644

(5) A description of the asbestos hazard abatement procedures	29645
that the business entity or public entity will use;	29646

(6) A description of the procedures that the business entity	29647
or public entity will use for handling waste containing asbestos;	29648

(7) A description of the air-monitoring procedures that the	29649
business entity or public entity will use to prevent contamination	29650
or recontamination of the environment and to protect the public	29651
health from the hazards of exposure to asbestos;	29652

(8) A description of the final clean-up procedures that the	29653
business entity or public entity will use;	29654

(9) A list of all partners, owners, and officers of the	29655
business entity along with their social security numbers;	29656

(10) The federal tax identification number of the business	29657
entity or the public entity.	29658

(D) The fees to be charged to each public entity and business	29659
entity and their employees and agents for licensure,	29660
certification, approval, and renewal of licenses, certifications,	29661
and approvals granted under this chapter, subject to division	29662
(A)(4) of section 3710.02 of the Revised Code, are:	29663

(1) ~~Five~~Seven hundred fifty dollars for asbestos hazard	29664
abatement contractors;	29665

(2) ~~One~~Two hundred ~~twenty-five~~ dollars for asbestos hazard	29666
abatement project designers;	29667

(3) ~~Twenty-five~~Fifty dollars for asbestos hazard abatement	29668
workers;	29669

(4) ~~One~~Two hundred ~~twenty-five~~ dollars for asbestos hazard	29670
abatement specialists;	29671

(5) ~~One~~Two hundred ~~twenty-five~~ dollars for asbestos hazard	29672
evaluation specialists; and	29673

(6) ~~Seven~~Nine hundred ~~fifty~~ dollars for approval or renewal	29674
of asbestos hazard training providers.	29675

(E) Notwithstanding division (A) of this section, no business	29676
entity which engages in asbestos hazard abatement activities	29677
solely at its own place of business is required to be licensed as	29678
an asbestos hazard abatement contractor provided that the business	29679
entity is required to and does comply with all applicable	29680
standards of the United States environmental protection agency and	29681
the United States occupational safety and health administration	29682
and provided further that all persons employed by the business	29683
entity on the activity meet the requirements of this chapter.	29684

Sec. 3710.07. (A) Prior to engaging in any asbestos hazard	29685
abatement project, an asbestos hazard abatement contractor shall	29686
do all of the following:	29687

(1) Prepare a written respiratory protection program as	29688
defined by the public health council pursuant to rule, and make	29689
the program available to the department of health, and workers at	29690
the job site if the contractor is a public entity or prepare a	29691
written respiratory protection program, consistent with 29 C.F.R.	29692
1910.134 and make the program available to the department, and	29693
workers at the job site if the contractor is a business entity;	29694

(2) Ensure that each worker who will be involved in any	29695
asbestos hazard abatement project has been examined within the	29696
preceding year and has been declared by a physician to be	29697
physically capable of working while wearing a respirator;	29698

(3) Ensure that each of ~~his~~the contractor's employees or	29699
agents who will come in contact with asbestos-containing materials	29700
or will be responsible for an asbestos hazard abatement project	29701
receives the appropriate certification or licensure required by	29702
this chapter and the following training:	29703

(a) An initial course approved by the department pursuant to	29704
section 3710.10 of the Revised Code, completed before engaging in	29705
any asbestos hazard abatement project; and	29706

(b) An annual review course approved by the department	29707
pursuant to section 3710.10 of the Revised Code.	29708

(B) After obtaining or renewing a license, an asbestos hazard	29709
abatement contractor shall notify the department, on a form	29710
approved by the director of health, at least ten days before	29711
beginning each asbestos hazard abatement project conducted during	29712
the term of ~~his~~the contractor's license.	29713

(C) In addition to any other fee imposed under this chapter,	29714
an asbestos hazard abatement contractor shall pay, at the time of	29715
providing notice under division (B) of this section, the	29716
department a fee of ~~twenty-five~~sixty-five dollars for each	29717
asbestos hazard abatement project conducted.	29718

Sec. 3711.021. For the purposes of this chapter, a maternity	29719
hospital or lying-in hospital includes a limited maternity unit,	29720
which is a unit in a hospital that contains no other maternity	29721
unit, in which care is provided during all or part of the	29722
maternity cycle and newborns receive care in a private room	29723
serving all antepartum, labor, delivery, recovery, postpartum, and	29724
nursery needs.	29725

The director of health may charge a maternity hospital or	29726
lying-in hospital seeking an initial or renewal license under this	29727
chapter a fee not exceeding the following:	29728

(A) ~~Three~~Four thousand ~~eight hundred fifty~~forty-two dollars	29729
for a hospital in which not less than two thousand births occurred	29730
the previous calendar year;	29731

(B) Three thousand ~~three~~five hundred ~~fifty~~seventeen dollars	29732
for a hospital in which not more than one thousand nine hundred	29733
ninety-nine and not less than one thousand births occurred the	29734
previous calendar year;	29735

(C) Two thousand ~~eight~~nine hundred ~~fifty~~ninety-two dollars	29736
for a hospital in which not more than nine hundred ninety-nine and	29737
not less than six hundred fifty births occurred the previous	29738
calendar year;	29739

(D) Two thousand ~~three~~four hundred ~~fifty~~sixty-seven dollars	29740
for a hospital in which not more than six hundred forty-nine and	29741
not less than four hundred fifty births occurred the previous	29742
calendar year;	29743

(E) One thousand ~~eight~~nine hundred ~~fifty~~forty-two dollars	29744
for a hospital in which not more than four hundred forty-nine	29745
births and not less than one hundred births occurred the previous	29746
calendar year;	29747

(F) One thousand ~~three~~four hundred ~~fifty~~seventeen dollars	29748
for a hospital in which not more than ninety-nine births occurred	29749
the previous calendar year.	29750

The director shall deposit all fees collected under this	29751
section into the general operations fund created under section	29752
3701.83 of the Revised Code. Money generated by the fees shall be	29753
used only for administration and enforcement of this chapter and	29754
rules adopted under it.	29755

Sec. 3721.02. (A) The director of health shall license homes	29756
and establish procedures to be followed in inspecting and	29757
licensing homes. The director may inspect a home at any time. Each	29758
home shall be inspected by the director at least once prior to the	29759
issuance of a license and at least once every fifteen months	29760
thereafter. The state fire marshal or a township, municipal, or	29761
other legally constituted fire department approved by the marshal	29762
shall also inspect a home prior to issuance of a license, at least	29763
once every fifteen months thereafter, and at any other time	29764
requested by the director. A home does not have to be inspected	29765
prior to issuance of a license by the director, state fire	29766
marshal, or a fire department if ownership of the home is assigned	29767
or transferred to a different person and the home was licensed	29768
under this chapter immediately prior to the assignment or	29769
transfer. The director may enter at any time, for the purposes of	29770
investigation, any institution, residence, facility, or other	29771
structure that has been reported to the director or that the	29772
director has reasonable cause to believe is operating as a nursing	29773
home, residential care facility, or home for the aging without a	29774
valid license required by section 3721.05 of the Revised Code or,	29775
in the case of a county home or district home, is operating	29776
despite the revocation of its residential care facility license.	29777
The director may delegate the director's authority and duties	29778
under this chapter to any division, bureau, agency, or official of	29779
the department of health.	29780

(B) A single facility may be licensed both as a nursing home	29781
pursuant to this chapter and as an adult care facility pursuant to	29782
Chapter 3722. of the Revised Code if the director determines that	29783
the part or unit to be licensed as a nursing home can be	29784
maintained separate and discrete from the part or unit to be	29785
licensed as an adult care facility.	29786

(C) In determining the number of residents in a home for the	29787
purpose of licensing, the director shall consider all the	29788
individuals for whom the home provides accommodations as one group	29789
unless one of the following is the case:	29790

(1) The home is a home for the aging, in which case all the	29791
individuals in the part or unit licensed as a nursing home shall	29792
be considered as one group, and all the individuals in the part or	29793
unit licensed as a rest home shall be considered as another group.	29794

(2) The home is both a nursing home and an adult care	29795
facility. In that case, all the individuals in the part or unit	29796
licensed as a nursing home shall be considered as one group, and	29797
all the individuals in the part or unit licensed as an adult care	29798
facility shall be considered as another group.	29799

(3) The home maintains, in addition to a nursing home or	29800
residential care facility, a separate and discrete part or unit	29801
that provides accommodations to individuals who do not require or	29802
receive skilled nursing care and do not receive personal care	29803
services from the home, in which case the individuals in the	29804
separate and discrete part or unit shall not be considered in	29805
determining the number of residents in the home if the separate	29806
and discrete part or unit is in compliance with the Ohio basic	29807
building code established by the board of building standards under	29808
Chapters 3781. and 3791. of the Revised Code and the home permits	29809
the director, on request, to inspect the separate and discrete	29810
part or unit and speak with the individuals residing there, if	29811
they consent, to determine whether the separate and discrete part	29812
or unit meets the requirements of this division.	29813

(D) The director of health shall charge an application fee	29814
and an annual renewal licensing and inspection fee of one hundred	29815
five dollars for each fifty persons or part thereof of a home's	29816
licensed capacity. All fees collected by the director for the	29817
issuance or renewal of licenses shall be deposited into the state	29818
treasury to the credit of the general operations fund created in	29819
section 3701.83 of the Revised Code for use only in administering	29820
and enforcing this chapter and rules adopted under it.	29821

(E)(1) Except as otherwise provided in this section, the	29822
results of an inspection or investigation of a home that is	29823
conducted under this section, including any statement of	29824
deficiencies and all findings and deficiencies cited in the	29825
statement on the basis of the inspection or investigation, shall	29826
be used solely to determine the home's compliance with this	29827
chapter or another chapter of the Revised Code in any action or	29828
proceeding other than an action commenced under division (I) of	29829
section 3721.17 of the Revised Code. Those results of an	29830
inspection or investigation, that statement of deficiencies, and	29831
the findings and deficiencies cited in that statement shall not be	29832
used in any court or in any action or proceeding that is pending	29833
in any court and are not admissible in evidence in any action or	29834
proceeding unless that action or proceeding is an appeal of an	29835
action by the department of health under this chapter or is an	29836
action by any department or agency of the state to enforce this	29837
chapter or another chapter of the Revised Code.	29838

(2) Nothing in division (E)(1) of this section prohibits the	29839
results of an inspection or investigation conducted under this	29840
section from being used in a criminal investigation or	29841
prosecution.	29842

Sec. 3721.121. (A) As used in this section:

29843

(1) "Adult day-care program" means a program operated	29844
pursuant to rules adopted by the public health council under	29845
section 3721.04 of the Revised Code and provided by and on the	29846
same site as homes licensed under this chapter.	29847

(2) "Applicant" means a person who is under final	29848
consideration for employment with a home or adult day-care program	29849
in a full-time, part-time, or temporary position that involves	29850
providing direct care to an older adult. "Applicant" does not	29851
include a person who provides direct care as a volunteer without	29852
receiving or expecting to receive any form of remuneration other	29853
than reimbursement for actual expenses.	29854

(3) "Criminal records check" and "older adult" have the same	29855
meanings as in section 109.572 of the Revised Code.	29856

(4) "Home" means a home as defined in section 3721.10 of the	29857
Revised Code.	29858

(B)(1) Except as provided in division (I) of this section,	29859
the chief administrator of a home or adult day-care program shall	29860
request that the superintendent of the bureau of criminal	29861
identification and investigation conduct a criminal records check	29862
with respect to each applicant. If an applicant for whom a	29863
criminal records check request is required under this division	29864
does not present proof of having been a resident of this state for	29865
the five-year period immediately prior to the date the criminal	29866
records check is requested or provide evidence that within that	29867
five-year period the superintendent has requested information	29868
about the applicant from the federal bureau of investigation in a	29869
criminal records check, the chief administrator shall request that	29870
the superintendent obtain information from the federal bureau of	29871
investigation as part of the criminal records check of the	29872
applicant. Even if an applicant for whom a criminal records check	29873
request is required under this division presents proof of having	29874
been a resident of this state for the five-year period, the chief	29875
administrator may request that the superintendent include	29876
information from the federal bureau of investigation in the	29877
criminal records check.	29878

(2) A person required by division (B)(1) of this section to	29879
request a criminal records check shall do both of the following:	29880

(a) Provide to each applicant for whom a criminal records	29881
check request is required under that division a copy of the form	29882
prescribed pursuant to division (C)(1) of section 109.572 of the	29883
Revised Code and a standard fingerprint impression sheet	29884
prescribed pursuant to division (C)(2) of that section, and obtain	29885
the completed form and impression sheet from the applicant;	29886

(b) Forward the completed form and impression sheet to the	29887
superintendent of the bureau of criminal identification and	29888
investigation.	29889

(3) An applicant provided the form and fingerprint impression	29890
sheet under division (B)(2)(a) of this section who fails to	29891
complete the form or provide fingerprint impressions shall not be	29892
employed in any position for which a criminal records check is	29893
required by this section.	29894

(C)(1) Except as provided in rules adopted by the director of	29895
health in accordance with division (F) of this section and subject	29896
to division (C)(2) of this section, no home or adult day-care	29897
program shall employ a person in a position that involves	29898
providing direct care to an older adult if the person has been	29899
convicted of or pleaded guilty to any of the following:	29900

(a) A violation of section 2903.01, 2903.02, 2903.03,	29901
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	29902
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	29903
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	29904
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	29905
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	29906
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	29907
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	29908
2925.22, 2925.23, or 3716.11 of the Revised Code.	29909

(b) A violation of an existing or former law of this state,	29910
any other state, or the United States that is substantially	29911
equivalent to any of the offenses listed in division (C)(1)(a) of	29912
this section.	29913

(2)(a) A home or an adult day-care program may employ	29914
conditionally an applicant for whom a criminal records check	29915
request is required under division (B) of this section prior to	29916
obtaining the results of a criminal records check regarding the	29917
individual, provided that the home or program shall request a	29918
criminal records check regarding the individual in accordance with	29919
division (B)(1) of this section not later than five business days	29920
after the individual begins conditional employment. In the	29921
circumstances described in division (I)(2) of this section, a home	29922
or adult day-care program may employ conditionally an applicant	29923
who has been referred to the home or adult day-care program by an	29924
employment service that supplies full-time, part-time, or	29925
temporary staff for positions involving the direct care of older	29926
adults and for whom, pursuant to that division, a criminal records	29927
check is not required under division (B) of this section.	29928

(b) A home or adult day-care program that employs an	29929
individual conditionally under authority of division (C)(2)(a) of	29930
this section shall terminate the individual's employment if the	29931
results of the criminal records check requested under division (B)	29932
of this section or described in division (I)(2) of this section,	29933
other than the results of any request for information from the	29934
federal bureau of investigation, are not obtained within the	29935
period ending ~~sixty~~thirty days after the date the request is	29936
made. Regardless of when the results of the criminal records check	29937
are obtained, if the results indicate that the individual has been	29938
convicted of or pleaded guilty to any of the offenses listed or	29939
described in division (C)(1) of this section, the home or program	29940
shall terminate the individual's employment unless the home or	29941
program chooses to employ the individual pursuant to division (F)	29942
of this section. Termination of employment under this division	29943
shall be considered just cause for discharge for purposes of	29944
division (D)(2) of section 4141.29 of the Revised Code if the	29945
individual makes any attempt to deceive the home or program about	29946
the individual's criminal record.	29947

(D)(1) Each home or adult day-care program shall pay to the	29948
bureau of criminal identification and investigation the fee	29949
prescribed pursuant to division (C)(3) of section 109.572 of the	29950
Revised Code for each criminal records check conducted pursuant to	29951
a request made under division (B) of this section.	29952

(2) A home or adult day-care program may charge an applicant	29953
a fee not exceeding the amount the home or program pays under	29954
division (D)(1) of this section. A home or program may collect a	29955
fee only if both of the following apply:	29956

(a) The home or program notifies the person at the time of	29957
initial application for employment of the amount of the fee and	29958
that, unless the fee is paid, the person will not be considered	29959
for employment;	29960

(b) The medical assistance program established under Chapter	29961
5111. of the Revised Code does not reimburse the home or program	29962
the fee it pays under division (D)(1) of this section.	29963

(E) The report of any criminal records check conducted	29964
pursuant to a request made under this section is not a public	29965
record for the purposes of section 149.43 of the Revised Code and	29966
shall not be made available to any person other than the	29967
following:	29968

(1) The individual who is the subject of the criminal records	29969
check or the individual's representative;	29970

(2) The chief administrator of the home or program requesting	29971
the criminal records check or the administrator's representative;	29972

(3) The administrator of any other facility, agency, or	29973
program that provides direct care to older adults that is owned or	29974
operated by the same entity that owns or operates the home or	29975
program;	29976

(4) A court, hearing officer, or other necessary individual	29977
involved in a case dealing with a denial of employment of the	29978
applicant or dealing with employment or unemployment benefits of	29979
the applicant;	29980

(5) Any person to whom the report is provided pursuant to,	29981
and in accordance with, division (I)(1) or (2) of this section.	29982

(F) In accordance with section 3721.11 of the Revised Code,	29983
the director of health shall adopt rules to implement this	29984
section. The rules shall specify circumstances under which a home	29985
or adult day-care program may employ a person who has been	29986
convicted of or pleaded guilty to an offense listed or described	29987
in division (C)(1) of this section but meets personal character	29988
standards set by the director.	29989

(G) The chief administrator of a home or adult day-care	29990
program shall inform each individual, at the time of initial	29991
application for a position that involves providing direct care to	29992
an older adult, that the individual is required to provide a set	29993
of fingerprint impressions and that a criminal records check is	29994
required to be conducted if the individual comes under final	29995
consideration for employment.	29996

(H) In a tort or other civil action for damages that is	29997
brought as the result of an injury, death, or loss to person or	29998
property caused by an individual who a home or adult day-care	29999
program employs in a position that involves providing direct care	30000
to older adults, all of the following shall apply:	30001

(1) If the home or program employed the individual in good	30002
faith and reasonable reliance on the report of a criminal records	30003
check requested under this section, the home or program shall not	30004
be found negligent solely because of its reliance on the report,	30005
even if the information in the report is determined later to have	30006
been incomplete or inaccurate;	30007

(2) If the home or program employed the individual in good	30008
faith on a conditional basis pursuant to division (C)(2) of this	30009
section, the home or program shall not be found negligent solely	30010
because it employed the individual prior to receiving the report	30011
of a criminal records check requested under this section;	30012

(3) If the home or program in good faith employed the	30013
individual according to the personal character standards	30014
established in rules adopted under division (F) of this section,	30015
the home or program shall not be found negligent solely because	30016
the individual prior to being employed had been convicted of or	30017
pleaded guilty to an offense listed or described in division	30018
(C)(1) of this section.	30019

(I)(1) The chief administrator of a home or adult day-care	30020
program is not required to request that the superintendent of the	30021
bureau of criminal identification and investigation conduct a	30022
criminal records check of an applicant if the applicant has been	30023
referred to the home or program by an employment service that	30024
supplies full-time, part-time, or temporary staff for positions	30025
involving the direct care of older adults and both of the	30026
following apply:	30027

(a) The chief administrator receives from the employment	30028
service or the applicant a report of the results of a criminal	30029
records check regarding the applicant that has been conducted by	30030
the superintendent within the one-year period immediately	30031
preceding the applicant's referral;	30032

(b) The report of the criminal records check demonstrates	30033
that the person has not been convicted of or pleaded guilty to an	30034
offense listed or described in division (C)(1) of this section, or	30035
the report demonstrates that the person has been convicted of or	30036
pleaded guilty to one or more of those offenses, but the home or	30037
adult day-care program chooses to employ the individual pursuant	30038
to division (F) of this section.	30039

(2) The chief administrator of a home or adult day-care	30040
program is not required to request that the superintendent of the	30041
bureau of criminal identification and investigation conduct a	30042
criminal records check of an applicant and may employ the	30043
applicant conditionally as described in this division, if the	30044
applicant has been referred to the home or program by an	30045
employment service that supplies full-time, part-time, or	30046
temporary staff for positions involving the direct care of older	30047
adults and if the chief administrator receives from the employment	30048
service or the applicant a letter from the employment service that	30049
is on the letterhead of the employment service, dated, and signed	30050
by a supervisor or another designated official of the employment	30051
service and that states that the employment service has requested	30052
the superintendent to conduct a criminal records check regarding	30053
the applicant, that the requested criminal records check will	30054
include a determination of whether the applicant has been	30055
convicted of or pleaded guilty to any offense listed or described	30056
in division (C)(1) of this section, that, as of the date set forth	30057
on the letter, the employment service had not received the results	30058
of the criminal records check, and that, when the employment	30059
service receives the results of the criminal records check, it	30060
promptly will send a copy of the results to the home or adult-care	30061
program. If a home or adult day-care program employs an applicant	30062
conditionally in accordance with this division, the employment	30063
service, upon its receipt of the results of the criminal records	30064
check, promptly shall send a copy of the results to the home or	30065
adult day-care program, and division (C)(2)(b) of this section	30066
applies regarding the conditional employment.	30067

Sec. 3721.19. (A) As used in this section:

30068

(1) "Home" and "residential care facility" have the same	30069
meanings as in section 3721.01 of the Revised Code;	30070

(2) "Sponsor" and "residents' rights advocate" have the same	30071
meanings as in section 3721.10 of the Revised Code.	30072

A home licensed under this chapter that is not a party to a	30073
provider agreement, as defined in section 5111.20 of the Revised	30074
Code, shall provide each prospective resident, before admission,	30075
with the following information, orally and in a separate written	30076
notice on which is printed in a conspicuous manner: "This home is	30077
not a participant in the medical assistance program administered	30078
by the Ohio department of job and family services. Consequently,	30079
you may be discharged from this home if you are unable to pay for	30080
the services provided by this home."	30081

If the prospective resident has a sponsor whose identity is	30082
made known to the home, the home shall also inform the sponsor,	30083
before admission of the resident, of the home's status relative to	30084
the medical assistance program. Written acknowledgement of the	30085
receipt of the information shall be provided by the resident and,	30086
if the prospective resident has a sponsor who has been identified	30087
to the home, by the sponsor. The written acknowledgement shall be	30088
made part of the resident's record by the home.	30089

No home shall terminate its status as a provider under the	30090
medical assistance program unless it has complied with section	30091
5111.66 of the Revised Code and, at least ninety days prior to	30092
such termination, provided written notice to the ~~department of job~~	30093
~~and family services and~~ residents of the home and their sponsors	30094
of such action. This requirement shall not apply in cases where	30095
the department of job and family services terminates a home's	30096
provider agreement or provider status.	30097

(B) A home licensed under this chapter as a residential care	30098
facility shall provide notice to each prospective resident or the	30099
individual's sponsor of the services offered by the facility and	30100
the types of skilled nursing care that the facility may provide. A	30101
residential care facility that, pursuant to section 3721.012 of	30102
the Revised Code, has a policy of entering into risk agreements	30103
with residents or their sponsors shall provide each prospective	30104
resident or the individual's sponsor a written explanation of the	30105
policy and the provisions that may be contained in a risk	30106
agreement. At the time the information is provided, the facility	30107
shall obtain a statement signed by the individual receiving the	30108
information acknowledging that the individual received the	30109
information. The facility shall maintain on file the individual's	30110
signed statement.	30111

(C) A resident has a cause of action against a home for	30112
breach of any duty imposed by this section. The action may be	30113
commenced by the resident, or on the resident's behalf by the	30114
resident's sponsor or a residents' rights advocate, by the filing	30115
of a civil action in the court of common pleas of the county in	30116
which the home is located, or in the court of common pleas of	30117
Franklin county.	30118

If the court finds that a breach of any duty imposed by this	30119
section has occurred, the court shall enjoin the home from	30120
discharging the resident from the home until arrangements	30121
satisfactory to the court are made for the orderly transfer of the	30122
resident to another mode of health care including, but not limited	30123
to, another home, and may award the resident and a person or	30124
public agency that brings an action on behalf of a resident	30125
reasonable attorney's fees. If a home discharges a resident to	30126
whom or to whose sponsor information concerning its status	30127
relative to the medical assistance program was not provided as	30128
required under this section, the court shall grant any appropriate	30129
relief including, but not limited to, actual damages, reasonable	30130
attorney's fees, and costs.	30131

Sec. 3721.51. The department of job and family services	30132
shall:	30133

(A) For the purposes specified in section 3721.56 of the	30134
Revised Code, determine an annual franchise permit fee on each	30135
nursing home in an amount equal to three dollars and thirty cents	30136
for fiscal year 2002, four dollars and thirty cents for fiscal	30137
~~years~~year 2003 ~~through~~, four dollars and seventy-five cents for	30138
fiscal year 2004, four dollars and ninety-five cents for fiscal	30139
year 2005, and one dollar for each fiscal year thereafter,	30140
multiplied by the product of the following:	30141

(1) The number of beds licensed as nursing home beds, plus	30142
any other beds certified as skilled nursing facility beds under	30143
Title XVIII or nursing facility beds under Title XIX of the	30144
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	30145
amended, on July 1, 1993, and, for each subsequent year, the first	30146
day of May of the calendar year in which the fee is determined	30147
pursuant to division (A) of section 3721.53 of the Revised Code;	30148

(2) The number of days in fiscal year 1994 and, for each	30149
subsequent year, the number of days in the fiscal year beginning	30150
on the first day of July of the calendar year in which the fee is	30151
determined pursuant to division (A) of section 3721.53 of the	30152
Revised Code.	30153

(B) For the purposes specified in section 3721.56 of the	30154
Revised Code, determine an annual franchise permit fee on each	30155
hospital in an amount equal to three dollars and thirty cents for	30156
fiscal year 2002, four dollars and thirty cents for fiscal ~~years~~	30157
year 2003 ~~through~~, four dollars and seventy-five cents for fiscal	30158
year 2004, four dollars and ninety-five cents for fiscal year	30159
2005, and one dollar for each fiscal year thereafter, multiplied	30160
by the product of the following:	30161

(1) The number of beds registered pursuant to section 3701.07	30162
of the Revised Code as skilled nursing facility beds or long-term	30163
care beds, plus any other beds licensed as nursing home beds under	30164
section 3721.02 or 3721.09 of the Revised Code, on July 1, 1993,	30165
and, for each subsequent year, the first day of May of the	30166
calendar year in which the fee is determined pursuant to division	30167
(A) of section 3721.53 of the Revised Code;	30168

(2) The number of days in fiscal year 1994 and, for each	30169
subsequent year, the number of days in the fiscal year beginning	30170
on the first day of July of the calendar year in which the fee is	30171
determined pursuant to division (A) of section 3721.53 of the	30172
Revised Code.	30173

If the United States centers for medicare and medicaid	30174
services determines that the franchise permit fee established by	30175
sections 3721.50 to 3721.58 of the Revised Code would be an	30176
impermissible health care related tax under section 1903(w) of the	30177
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	30178
amended, the department of job and family services shall take all	30179
necessary actions to cease implementation of those sections in	30180
accordance with rules adopted under section 3721.58 of the Revised	30181
Code.	30182

Sec. 3721.56. (A) Thirty and three-tenths per cent of all	30183
payments and penalties paid by nursing homes and hospitals under	30184
sections 3721.53 and 3721.54 of the Revised Code for fiscal year	30185
2002, twenty-three and twenty-six-hundredths per cent of such	30186
payments and penalties paid for fiscal ~~years~~year 2003 ~~through~~,	30187
twenty-one and five-hundredths per cent of such payments and	30188
penalties paid for fiscal year 2004, twenty and two-tenths per	30189
cent of such payments and penalties paid for fiscal year 2005, and	30190
all such payments and penalties paid for subsequent fiscal years,	30191
shall be deposited into the "home and community-based services for	30192
the aged fund," which is hereby created in the state treasury. The	30193
departments of job and family services and aging shall use the	30194
moneys in the fund to fund the following in accordance with rules	30195
adopted under section 3721.58 of the Revised Code:	30196

(1) The ~~medical assistance~~medicaid program established under	30197
Chapter 5111. of the Revised Code;	30198

(2) The PASSPORT program established under section 173.40 of	30199
the Revised Code;	30200

(3) The residential state supplement program established	30201
under section 173.35 of the Revised Code.	30202

(B) Sixty-nine and seven-tenths per cent of all payments and	30203
penalties paid by nursing homes and hospitals under sections	30204
3721.53 and 3721.54 of the Revised Code for fiscal year 2002, ~~and~~	30205
seventy-six and seventy-four-hundredths per cent of such payments	30206
and penalties paid for fiscal ~~years~~year 2003 ~~through~~,	30207
seventy-eight and ninety-five hundredths per cent of such payments	30208
and penalties paid for fiscal year 2004, and seventy-nine and	30209
eight-tenths per cent of such payments and penalties paid for	30210
fiscal year 2005, shall be deposited into the nursing facility	30211
stabilization fund, which is hereby created in the state treasury.	30212
The department of job and family services shall use the money in	30213
the fund ~~in the manner provided by Am. Sub. H.B. 94 and Am. Sub.~~	30214
~~S.B. 261 of the 124th general assembly~~to make payments to nursing	30215
facilities under the medicaid program.	30216

Sec. 3721.561. Any money remaining in the nursing facility	30217
stabilization fund created under section 3721.56 of the Revised	30218
Code after payments specified in division (B) of that section are	30219
made for fiscal years 2002 through 2005 shall be retained in the	30220
fund. Any interest or other investment proceeds earned on money in	30221
the fund shall be credited to the fund and used to make payments	30222
in accordance with division (B) of section 3721.56 of the Revised	30223
Code.	30224

Sec. 3722.151. (A) As used in this section:

30225

(1) "Adult care facility" has the same meaning as in section	30226
3722.01 of the Revised Code.	30227

(2) "Applicant" means a person who is under final	30228
consideration for employment with an adult care facility in a	30229
full-time, part-time, or temporary position that involves	30230
providing direct care to an older adult. "Applicant" does not	30231
include a person who provides direct care as a volunteer without	30232
receiving or expecting to receive any form of remuneration other	30233
than reimbursement for actual expenses.	30234

(3) "Criminal records check" and "older adult" have the same	30235
meanings as in section 109.572 of the Revised Code.	30236

(B)(1) Except as provided in division (I) of this section,	30237
the chief administrator of an adult care facility shall request	30238
that the superintendent of the bureau of criminal identification	30239
and investigation conduct a criminal records check with respect to	30240
each applicant. If an applicant for whom a criminal records check	30241
request is required under this division does not present proof of	30242
having been a resident of this state for the five-year period	30243
immediately prior to the date the criminal records check is	30244
requested or provide evidence that within that five-year period	30245
the superintendent has requested information about the applicant	30246
from the federal bureau of investigation in a criminal records	30247
check, the chief administrator shall request that the	30248
superintendent obtain information from the federal bureau of	30249
investigation as part of the criminal records check of the	30250
applicant. Even if an applicant for whom a criminal records check	30251
request is required under this division presents proof of having	30252
been a resident of this state for the five-year period, the chief	30253
administrator may request that the superintendent include	30254
information from the federal bureau of investigation in the	30255
criminal records check.	30256

(2) A person required by division (B)(1) of this section to	30257
request a criminal records check shall do both of the following:	30258

(a) Provide to each applicant for whom a criminal records	30259
check request is required under that division a copy of the form	30260
prescribed pursuant to division (C)(1) of section 109.572 of the	30261
Revised Code and a standard fingerprint impression sheet	30262
prescribed pursuant to division (C)(2) of that section, and obtain	30263
the completed form and impression sheet from the applicant;	30264

(b) Forward the completed form and impression sheet to the	30265
superintendent of the bureau of criminal identification and	30266
investigation.	30267

(3) An applicant provided the form and fingerprint impression	30268
sheet under division (B)(2)(a) of this section who fails to	30269
complete the form or provide fingerprint impressions shall not be	30270
employed in any position for which a criminal records check is	30271
required by this section.	30272

(C)(1) Except as provided in rules adopted by the public	30273
health council in accordance with division (F) of this section and	30274
subject to division (C)(2) of this section, no adult care facility	30275
shall employ a person in a position that involves providing direct	30276
care to an older adult if the person has been convicted of or	30277
pleaded guilty to any of the following:	30278

(a) A violation of section 2903.01, 2903.02, 2903.03,	30279
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	30280
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	30281
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	30282
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	30283
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	30284
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	30285
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	30286
2925.22, 2925.23, or 3716.11 of the Revised Code.	30287

(b) A violation of an existing or former law of this state,	30288
any other state, or the United States that is substantially	30289
equivalent to any of the offenses listed in division (C)(1)(a) of	30290
this section.	30291

(2)(a) An adult care facility may employ conditionally an	30292
applicant for whom a criminal records check request is required	30293
under division (B) of this section prior to obtaining the results	30294
of a criminal records check regarding the individual, provided	30295
that the facility shall request a criminal records check regarding	30296
the individual in accordance with division (B)(1) of this section	30297
not later than five business days after the individual begins	30298
conditional employment. In the circumstances described in division	30299
(I)(2) of this section, an adult care facility may employ	30300
conditionally an applicant who has been referred to the adult care	30301
facility by an employment service that supplies full-time,	30302
part-time, or temporary staff for positions involving the direct	30303
care of older adults and for whom, pursuant to that division, a	30304
criminal records check is not required under division (B) of this	30305
section.	30306

(b) An adult care facility that employs an individual	30307
conditionally under authority of division (C)(2)(a) of this	30308
section shall terminate the individual's employment if the results	30309
of the criminal records check requested under division (B) of this	30310
section or described in division (I)(2) of this section, other	30311
than the results of any request for information from the federal	30312
bureau of investigation, are not obtained within the period ending	30313
~~sixty~~thirty days after the date the request is made. Regardless	30314
of when the results of the criminal records check are obtained, if	30315
the results indicate that the individual has been convicted of or	30316
pleaded guilty to any of the offenses listed or described in	30317
division (C)(1) of this section, the facility shall terminate the	30318
individual's employment unless the facility chooses to employ the	30319
individual pursuant to division (F) of this section. Termination	30320
of employment under this division shall be considered just cause	30321
for discharge for purposes of division (D)(2) of section 4141.29	30322
of the Revised Code if the individual makes any attempt to deceive	30323
the facility about the individual's criminal record.	30324

(D)(1) Each adult care facility shall pay to the bureau of	30325
criminal identification and investigation the fee prescribed	30326
pursuant to division (C)(3) of section 109.572 of the Revised Code	30327
for each criminal records check conducted pursuant to a request	30328
made under division (B) of this section.	30329

(2) An adult care facility may charge an applicant a fee not	30330
exceeding the amount the facility pays under division (D)(1) of	30331
this section. A facility may collect a fee only if it notifies the	30332
person at the time of initial application for employment of the	30333
amount of the fee and that, unless the fee is paid, the person	30334
will not be considered for employment.	30335

(E) The report of any criminal records check conducted	30336
pursuant to a request made under this section is not a public	30337
record for the purposes of section 149.43 of the Revised Code and	30338
shall not be made available to any person other than the	30339
following:	30340

(1) The individual who is the subject of the criminal records	30341
check or the individual's representative;	30342

(2) The chief administrator of the facility requesting the	30343
criminal records check or the administrator's representative;	30344

(3) The administrator of any other facility, agency, or	30345
program that provides direct care to older adults that is owned or	30346
operated by the same entity that owns or operates the adult care	30347
facility;	30348

(4) A court, hearing officer, or other necessary individual	30349
involved in a case dealing with a denial of employment of the	30350
applicant or dealing with employment or unemployment benefits of	30351
the applicant;	30352

(5) Any person to whom the report is provided pursuant to,	30353
and in accordance with, division (I)(1) or (2) of this section.	30354

(F) The public health council shall adopt rules in accordance	30355
with Chapter 119. of the Revised Code to implement this section.	30356
The rules shall specify circumstances under which an adult care	30357
facility may employ a person who has been convicted of or pleaded	30358
guilty to an offense listed or described in division (C)(1) of	30359
this section but meets personal character standards set by the	30360
council.	30361

(G) The chief administrator of an adult care facility shall	30362
inform each individual, at the time of initial application for a	30363
position that involves providing direct care to an older adult,	30364
that the individual is required to provide a set of fingerprint	30365
impressions and that a criminal records check is required to be	30366
conducted if the individual comes under final consideration for	30367
employment.	30368

(H) In a tort or other civil action for damages that is	30369
brought as the result of an injury, death, or loss to person or	30370
property caused by an individual who an adult care facility	30371
employs in a position that involves providing direct care to older	30372
adults, all of the following shall apply:	30373

(1) If the facility employed the individual in good faith and	30374
reasonable reliance on the report of a criminal records check	30375
requested under this section, the facility shall not be found	30376
negligent solely because of its reliance on the report, even if	30377
the information in the report is determined later to have been	30378
incomplete or inaccurate;	30379

(2) If the facility employed the individual in good faith on	30380
a conditional basis pursuant to division (C)(2) of this section,	30381
the facility shall not be found negligent solely because it	30382
employed the individual prior to receiving the report of a	30383
criminal records check requested under this section;	30384

(3) If the facility in good faith employed the individual	30385
according to the personal character standards established in rules	30386
adopted under division (F) of this section, the facility shall not	30387
be found negligent solely because the individual prior to being	30388
employed had been convicted of or pleaded guilty to an offense	30389
listed or described in division (C)(1) of this section.	30390

(I)(1) The chief administrator of an adult care facility is	30391
not required to request that the superintendent of the bureau of	30392
criminal identification and investigation conduct a criminal	30393
records check of an applicant if the applicant has been referred	30394
to the facility by an employment service that supplies full-time,	30395
part-time, or temporary staff for positions involving the direct	30396
care of older adults and both of the following apply:	30397

(a) The chief administrator receives from the employment	30398
service or the applicant a report of the results of a criminal	30399
records check regarding the applicant that has been conducted by	30400
the superintendent within the one-year period immediately	30401
preceding the applicant's referral;	30402

(b) The report of the criminal records check demonstrates	30403
that the person has not been convicted of or pleaded guilty to an	30404
offense listed or described in division (C)(1) of this section, or	30405
the report demonstrates that the person has been convicted of or	30406
pleaded guilty to one or more of those offenses, but the adult	30407
care facility chooses to employ the individual pursuant to	30408
division (F) of this section.	30409

(2) The chief administrator of an adult care facility is not	30410
required to request that the superintendent of the bureau of	30411
criminal identification and investigation conduct a criminal	30412
records check of an applicant and may employ the applicant	30413
conditionally as described in this division, if the applicant has	30414
been referred to the facility by an employment service that	30415
supplies full-time, part-time, or temporary staff for positions	30416
involving the direct care of older adults and if the chief	30417
administrator receives from the employment service or the	30418
applicant a letter from the employment service that is on the	30419
letterhead of the employment service, dated, and signed by a	30420
supervisor or another designated official of the employment	30421
service and that states that the employment service has requested	30422
the superintendent to conduct a criminal records check regarding	30423
the applicant, that the requested criminal records check will	30424
include a determination of whether the applicant has been	30425
convicted of or pleaded guilty to any offense listed or described	30426
in division (C)(1) of this section, that, as of the date set forth	30427
on the letter, the employment service had not received the results	30428
of the criminal records check, and that, when the employment	30429
service receives the results of the criminal records check, it	30430
promptly will send a copy of the results to the adult care	30431
facility. If an adult care facility employs an applicant	30432
conditionally in accordance with this division, the employment	30433
service, upon its receipt of the results of the criminal records	30434
check, promptly shall send a copy of the results to the adult care	30435
facility, and division (C)(2)(b) of this section applies regarding	30436
the conditional employment.	30437

Sec. 3733.43. (A) Except as otherwise provided in this	30438
division, prior to the fifteenth day of April in each year, every	30439
person who intends to operate an agricultural labor camp shall	30440
make application to the licensor for a license to operate such	30441
camp, effective for the calendar year in which it is issued. The	30442
licensor may accept an application on or after the fifteenth day	30443
of April. The license fees specified in this division shall be	30444
submitted to the licensor with the application for a license. No	30445
agricultural labor camp shall be operated in this state without a	30446
license. Any person operating an agricultural labor camp without a	30447
current and valid agricultural labor camp license is not excepted	30448
from compliance with sections 3733.41 to 3733.49 of the Revised	30449
Code by holding a valid and current hotel license. Each person	30450
proposing to open an agricultural labor camp shall submit with the	30451
application for a license any plans required by any rule adopted	30452
under section 3733.42 of the Revised Code. The annual license fee	30453
is ~~twenty~~seventy-five dollars, unless the application for a	30454
license is made on or after the fifteenth day of April, in which	30455
case the annual license fee is ~~forty~~one hundred dollars. An	30456
additional fee of ~~three~~ten dollars per housing unit per year	30457
shall be assessed to defray the costs of enforcing sections	30458
3733.41 to 3733.49 of the Revised Code, unless the application for	30459
a license is made on or after the fifteenth day of April, in which	30460
case an additional fee of ~~six~~fifteen dollars per housing unit	30461
shall be assessed. All fees collected under this division shall be	30462
deposited in the state treasury to the credit of the general	30463
operations fund created in section 3701.83 of the Revised Code and	30464
shall be used for the administration and enforcement of sections	30465
3733.41 to 3733.49 of the Revised Code and rules adopted	30466
thereunder.	30467

(B) Any license under this section may be denied, suspended,	30468
or revoked by the licensor for violation of sections 3733.41 to	30469
3733.49 of the Revised Code or the rules adopted thereunder.	30470
Unless there is an immediate serious public health hazard, no	30471
denial, suspension, or revocation of a license shall be made	30472
effective until the person operating the agricultural labor camp	30473
has been given notice in writing of the specific violations and a	30474
reasonable time to make corrections. When the licensor determines	30475
that an immediate serious public health hazard exists, hethe	30476
licensor shall issue an order denying or suspending the license	30477
without a prior hearing.	30478

(C) All proceedings under this section are subject to Chapter	30479
119. of the Revised Code except as provided in section 3733.431 of	30480
the Revised Code.	30481

(D) Every occupant of an agricultural labor camp shall keep	30482
that part of the dwelling unit, and premises thereof, that hethe	30483
occupant occupies and controls in a clean and sanitary condition.	30484

Sec. 3733.45. (A) The licensor shall inspect all	30485
agricultural labor camps and shall require compliance with	30486
sections 3733.41 to 3733.49 of the Revised Code and the rules	30487
adopted thereunder prior to the issuance of a license. Upon	30488
receipt of a complaint from the migrant agricultural ~~ombudsman~~	30489
ombudsperson or upon the basis of a licensor's own information	30490
that an agricultural labor camp is operating without a license,	30491
the licensor shall inspect the camp. If the camp is operating	30492
without a license, the licensor shall require the camp to comply	30493
with sections 3733.41 to 3733.49 of the Revised Code and the rules	30494
adopted under those sections. No license shall be issued unless	30495
results of water supply tests indicate that the water supply meets	30496
required standards or if any violations exist concerning	30497
sanitation, drainage, or habitability of housing units.	30498

(B) The licensor shall, upon issuance of each license,	30499
distribute posters containing the toll-free telephone number of	30500
the migrant agricultural ~~ombudsman~~ombudsperson established in	30501
section 3733.49 of the Revised Code and information in English and	30502
Spanish describing the purpose of the ~~ombudsman's~~ombudsperson's	30503
office, as provided in that section. The licensor shall provide at	30504
least two posters to the licensee, one for ~~his~~the licensee's	30505
personal use and at least one that shall be posted in a	30506
conspicuous place within the camp.	30507

(C) The licensor may, upon proper identification to the	30508
operator or ~~his~~the operator's agent, enter on any property or	30509
into any structure at any reasonable time for the purpose of	30510
making inspections required by this section.	30511

The licensor shall make at least one inspection prior to	30512
licensing~~, and at least two inspections during occupancy of the~~	30513
~~camps, at least one of which shall be an unannounced evening~~	30514
~~inspection conducted after five p.m. The licensor shall determine~~	30515
~~and record housing unit occupancy during each evening inspection~~.	30516
The licensor shall make such other inspections as hethe licensor	30517
considers necessary to enforce sections 3733.41 to 3733.49 of the	30518
Revised Code adequately.	30519

(D) Any plans submitted to the licensor shall be in	30520
compliance with rules adopted pursuant to section 3733.42 of the	30521
Revised Code and shall be approved or disapproved within thirty	30522
days after they are filed.	30523

(E) ~~All designees of the licensor who conduct inspections in~~	30524
~~the evening in accordance with this section shall speak both~~	30525
~~English and Spanish fluently. At least one member of the permanent~~	30526
~~staff assigned to conduct inspections in accordance with this~~	30527
~~section shall speak both English and Spanish fluently.~~	30528

~~(F)~~ The licensor shall issue an annual report that shall	30529
accurately reflect the results of that year's inspections,	30530
including, but not limited to, numbers of ~~pre- and post-occupancy~~	30531
inspections, number of violations found, and action taken in	30532
regard to violations. The report shall also include an assessment	30533
of any problems found in that year and proposed solutions for	30534
them.	30535

Sec. 3734.02. (A) The director of environmental protection,	30536
in accordance with Chapter 119. of the Revised Code, shall adopt	30537
and may amend, suspend, or rescind rules having uniform	30538
application throughout the state governing solid waste facilities	30539
and the inspections of and issuance of permits and licenses for	30540
all solid waste facilities in order to ensure that the facilities	30541
will be located, maintained, and operated, and will undergo	30542
closure and post-closure care, in a sanitary manner so as not to	30543
create a nuisance, cause or contribute to water pollution, create	30544
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	30545
257.3-8, as amended. The rules may include, without limitation,	30546
financial assurance requirements for closure and post-closure care	30547
and corrective action and requirements for taking corrective	30548
action in the event of the surface or subsurface discharge or	30549
migration of explosive gases or leachate from a solid waste	30550
facility, or of ground water contamination resulting from the	30551
transfer or disposal of solid wastes at a facility, beyond the	30552
boundaries of any area within a facility that is operating or is	30553
undergoing closure or post-closure care where solid wastes were	30554
disposed of or are being disposed of. The rules shall not concern	30555
or relate to personnel policies, salaries, wages, fringe benefits,	30556
or other conditions of employment of employees of persons owning	30557
or operating solid waste facilities. The director, in accordance	30558
with Chapter 119. of the Revised Code, shall adopt and may amend,	30559
suspend, or rescind rules governing the issuance, modification,	30560
revocation, suspension, or denial of variances from the director's	30561
solid waste rules, including, without limitation, rules adopted	30562
under this chapter governing the management of scrap tires.	30563

Variances shall be issued, modified, revoked, suspended, or	30564
rescinded in accordance with this division, rules adopted under	30565
it, and Chapter 3745. of the Revised Code. The director may order	30566
the person to whom a variance is issued to take such action within	30567
such time as the director may determine to be appropriate and	30568
reasonable to prevent the creation of a nuisance or a hazard to	30569
the public health or safety or the environment. Applications for	30570
variances shall contain such detail plans, specifications, and	30571
information regarding objectives, procedures, controls, and other	30572
pertinent data as the director may require. The director shall	30573
grant a variance only if the applicant demonstrates to the	30574
director's satisfaction that construction and operation of the	30575
solid waste facility in the manner allowed by the variance and any	30576
terms or conditions imposed as part of the variance will not	30577
create a nuisance or a hazard to the public health or safety or	30578
the environment. In granting any variance, the director shall	30579
state the specific provision or provisions whose terms are to be	30580
varied and also shall state specific terms or conditions imposed	30581
upon the applicant in place of the provision or provisions. The	30582
director may hold a public hearing on an application for a	30583
variance or renewal of a variance at a location in the county	30584
where the operations that are the subject of the application for	30585
the variance are conducted. The director shall give not less than	30586
twenty days' notice of the hearing to the applicant by certified	30587
mail and shall publish at least one notice of the hearing in a	30588
newspaper with general circulation in the county where the hearing	30589
is to be held. The director shall make available for public	30590
inspection at the principal office of the environmental protection	30591
agency a current list of pending applications for variances and a	30592
current schedule of pending variance hearings. The director shall	30593
make a complete stenographic record of testimony and other	30594
evidence submitted at the hearing. Within ten days after the	30595
hearing, the director shall make a written determination to issue,	30596
renew, or deny the variance and shall enter the determination and	30597
the basis for it into the record of the hearing. The director	30598
shall issue, renew, or deny an application for a variance or	30599
renewal of a variance within six months of the date upon which the	30600
director receives a complete application with all pertinent	30601
information and data required. No variance shall be issued,	30602
revoked, modified, or denied until the director has considered the	30603
relative interests of the applicant, other persons and property	30604
affected by the variance, and the general public. Any variance	30605
granted under this division shall be for a period specified by the	30606
director and may be renewed from time to time on such terms and	30607
for such periods as the director determines to be appropriate. No	30608
application shall be denied and no variance shall be revoked or	30609
modified without a written order stating the findings upon which	30610
the denial, revocation, or modification is based. A copy of the	30611
order shall be sent to the applicant or variance holder by	30612
certified mail.	30613

(B) The director shall prescribe and furnish the forms	30614
necessary to administer and enforce this chapter. The director may	30615
cooperate with and enter into agreements with other state, local,	30616
or federal agencies to carry out the purposes of this chapter. The	30617
director may exercise all incidental powers necessary to carry out	30618
the purposes of this chapter.	30619

The director may use moneys in the infectious waste	30620
management fund created in section 3734.021 of the Revised Code	30621
exclusively for administering and enforcing the provisions of this	30622
chapter governing the management of infectious wastes. Of each	30623
registration and renewal fee collected under rules adopted under	30624
division (A)(2)(a) of section 3734.021 or under section 3734.022	30625
of the Revised Code, the director, within forty-five days of its	30626
receipt, shall remit from the fund one-half of the fee received to	30627
the board of health of the health district in which the registered	30628
premises is located, or, in the instance of an infectious wastes	30629
transporter, to the board of health of the health district in	30630
which the transporter's principal place of business is located.	30631
However, if the board of health having jurisdiction over a	30632
registrant's premises or principal place of business is not on the	30633
approved list under section 3734.08 of the Revised Code, the	30634
director shall not make that payment to the board of health.	30635

(C) Except as provided in this division and divisions (N)(2)	30636
and (3) of this section, no person shall establish a new solid	30637
waste facility or infectious waste treatment facility, or modify	30638
an existing solid waste facility or infectious waste treatment	30639
facility, without submitting an application for a permit with	30640
accompanying detail plans, specifications, and information	30641
regarding the facility and method of operation and receiving a	30642
permit issued by the director, except that no permit shall be	30643
required under this division to install or operate a solid waste	30644
facility for sewage sludge treatment or disposal when the	30645
treatment or disposal is authorized by a current permit issued	30646
under Chapter 3704. or 6111. of the Revised Code.	30647

No person shall continue to operate a solid waste facility	30648
for which the director has denied a permit for which an	30649
application was required under division (A)(3) of section 3734.05	30650
of the Revised Code, or for which the director has disapproved	30651
plans and specifications required to be filed by an order issued	30652
under division (A)(5) of that section, after the date prescribed	30653
for commencement of closure of the facility in the order issued	30654
under division (A)(6) of section 3734.05 of the Revised Code	30655
denying the permit application or approval.	30656

On and after the effective date of the rules adopted under	30657
division (A) of this section and division (D) of section 3734.12	30658
of the Revised Code governing solid waste transfer facilities, no	30659
person shall establish a new, or modify an existing, solid waste	30660
transfer facility without first submitting an application for a	30661
permit with accompanying engineering detail plans, specifications,	30662
and information regarding the facility and its method of operation	30663
to the director and receiving a permit issued by the director.	30664

No person shall establish a new compost facility or continue	30665
to operate an existing compost facility that accepts exclusively	30666
source separated yard wastes without submitting a completed	30667
registration for the facility to the director in accordance with	30668
rules adopted under divisions (A) and (N)(3) of this section.	30669

This division does not apply to an infectious waste treatment	30670
facility that meets any of the following conditions:	30671

(1) Is owned or operated by the generator of the wastes and	30672
exclusively treats, by methods, techniques, and practices	30673
established by rules adopted under division (C)(1) or (3) of	30674
section 3734.021 of the Revised Code, wastes that are generated at	30675
any premises owned or operated by that generator regardless of	30676
whether the wastes are generated on the premises where the	30677
generator's treatment facility is located or, if the generator is	30678
a hospital as defined in section 3727.01 of the Revised Code,	30679
infectious wastes that are described in division (A)(1)(g), (h),	30680
or (i) of section 3734.021 of the Revised Code;	30681

(2) Holds a license or renewal of a license to operate a	30682
crematory facility issued under Chapter 4717. and a permit issued	30683
under Chapter 3704. of the Revised Code;	30684

(3) Treats or disposes of dead animals or parts thereof, or	30685
the blood of animals, and is subject to any of the following:	30686

(a) Inspection under the "Federal Meat Inspection Act," 81	30687
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	30688

(b) Chapter 918. of the Revised Code;

30689

30690

(D) Neither this chapter nor any rules adopted under it apply	30691
to single-family residential premises; to infectious wastes	30692
generated by individuals for purposes of their own care or	30693
treatment that are disposed of with solid wastes from the	30694
individual's residence; to the temporary storage of solid wastes,	30695
other than scrap tires, prior to their collection for disposal; to	30696
the storage of one hundred or fewer scrap tires unless they are	30697
stored in such a manner that, in the judgment of the director or	30698
the board of health of the health district in which the scrap	30699
tires are stored, the storage causes a nuisance, a hazard to	30700
public health or safety, or a fire hazard; or to the collection of	30701
solid wastes, other than scrap tires, by a political subdivision	30702
or a person holding a franchise or license from a political	30703
subdivision of the state; to composting, as defined in section	30704
1511.01 of the Revised Code, conducted in accordance with section	30705
1511.022 of the Revised Code; or to any person who is licensed to	30706
transport raw rendering material to a compost facility pursuant to	30707
section 953.23 of the Revised Code.	30708

(E)(1) As used in this division and section 3734.18 of the	30709
Revised Code:	30710

(a) "On-site facility" means a facility that stores, treats,	30711
or disposes of hazardous waste that is generated on the premises	30712
of the facility.	30713

(b) "Off-site facility" means a facility that stores, treats,	30714
or disposes of hazardous waste that is generated off the premises	30715
of the facility and includes such a facility that is also an	30716
on-site facility.	30717

30718

(i) An on-site facility that also receives hazardous waste	30719
from other premises owned by the same person who generates the	30720
waste on the facility premises;	30721

(ii) An off-site facility operated so that all of the	30722
hazardous waste it receives is generated on one or more premises	30723
owned by the person who owns the facility;	30724

(iii) An on-site facility that also receives hazardous waste	30725
that is transported uninterruptedly and directly to the facility	30726
through a pipeline from a generator who is not the owner of the	30727
facility.	30728

(2) Except as provided in division (E)(3) of this section, no	30729
person shall establish or operate a hazardous waste facility, or	30730
use a solid waste facility for the storage, treatment, or disposal	30731
of any hazardous waste, without a hazardous waste facility	30732
installation and operation permit ~~from the hazardous waste~~	30733
~~facility board~~ issued in accordance with section 3734.05 of the	30734
Revised Code and subject to the payment of an application fee not	30735
to exceed one thousand five hundred dollars, payable upon	30736
application for a hazardous waste facility installation and	30737
operation permit and upon application for a renewal permit issued	30738
under division (H) of section 3734.05 of the Revised Code, to be	30739
credited to the hazardous waste facility management fund created	30740
in section 3734.18 of the Revised Code. The term of a hazardous	30741
waste facility installation and operation permit shall not exceed	30742
five years.	30743

In addition to the application fee, there is hereby levied an	30744
annual permit fee to be paid by the permit holder upon the	30745
anniversaries of the date of issuance of the hazardous waste	30746
facility installation and operation permit and of any subsequent	30747
renewal permits and to be credited to the hazardous waste facility	30748
management fund. Annual permit fees totaling forty thousand	30749
dollars or more for any one facility may be paid on a quarterly	30750
basis with the first quarterly payment each year being due on the	30751
anniversary of the date of issuance of the hazardous waste	30752
facility installation and operation permit and of any subsequent	30753
renewal permits. The annual permit fee shall be determined for	30754
each permit holder by the director in accordance with the	30755
following schedule:	30756

TYPE OF BASIC			30757
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	30758
Storage facility using:			30759
Containers	On-site, off-site, and		30760
	satellite	$ 500	30761
Tanks	On-site, off-site, and		30762
	satellite	500	30763
Waste pile	On-site, off-site, and		30764
	satellite	3,000	30765
Surface impoundment	On-site and satellite	8,000	30766
	Off-site	10,000	30767
Disposal facility using:			30768
Deep well injection	On-site and satellite	15,000	30769
	Off-site	25,000	30770
Landfill	On-site and satellite	25,000	30771
	Off-site	40,000	30772
Land application	On-site and satellite	2,500	30773
	Off-site	5,000	30774
Surface impoundment	On-site and satellite	10,000	30775
	Off-site	20,000	30776
Treatment facility using:			30777
Tanks	On-site, off-site, and		30778
	satellite	700	30779
Surface impoundment	On-site and satellite	8,000	30780
	Off-site	10,000	30781
Incinerator	On-site and satellite	5,000	30782
	Off-site	10,000	30783
Other forms			30784
of treatment	On-site, off-site, and		30785
	satellite	1,000	30786

In determining the annual permit fee required by this	30787
section, the director shall not require additional payments for	30788
multiple units of the same method of storage, treatment, or	30789
disposal or for individual units that are used for both storage	30790
and treatment. A facility using more than one method of storage,	30791
treatment, or disposal shall pay the permit fee indicated by the	30792
schedule for each such method.	30793

The director shall not require the payment of that portion of	30794
an annual permit fee of any permit holder that would apply to a	30795
hazardous waste management unit for which a permit has been	30796
issued, but for which construction has not yet commenced. Once	30797
construction has commenced, the director shall require the payment	30798
of a part of the appropriate fee indicated by the schedule that	30799
bears the same relationship to the total fee that the number of	30800
days remaining until the next anniversary date at which payment of	30801
the annual permit fee is due bears to three hundred sixty-five.	30802

The director, by rules adopted in accordance with Chapters	30803
119. and 3745. of the Revised Code, shall prescribe procedures for	30804
collecting the annual permit fee established by this division and	30805
may prescribe other requirements necessary to carry out this	30806
division.	30807

(3) The prohibition against establishing or operating a	30808
hazardous waste facility without a hazardous waste facility	30809
installation and operation permit ~~from the board~~ does not apply to	30810
either of the following:	30811

(a) A facility that is operating in accordance with a permit	30812
renewal issued under division (H) of section 3734.05 of the	30813
Revised Code, a revision issued under division (I) of that section	30814
as it existed prior to August 20, 1996, or a modification issued	30815
by the director under division (I) of that section on and after	30816
August 20, 1996;	30817

(b) Except as provided in division (J) of section 3734.05 of	30818
the Revised Code, a facility that will operate or is operating in	30819
accordance with a permit by rule, or that is not subject to permit	30820
requirements, under rules adopted by the director. In accordance	30821
with Chapter 119. of the Revised Code, the director shall adopt,	30822
and subsequently may amend, suspend, or rescind, rules for the	30823
purposes of division (E)(3)(b) of this section. Any rules so	30824
adopted shall be consistent with and equivalent to regulations	30825
pertaining to interim status adopted under the "Resource	30826
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	30827
6921, as amended, except as otherwise provided in this chapter.	30828

If a modification is requested or proposed for a facility	30829
described in division (E)(3)(a) or (b) of this section, division	30830
(I)~~(8)~~(7) of section 3734.05 of the Revised Code applies.	30831

(F) No person shall store, treat, or dispose of hazardous	30832
waste identified or listed under this chapter and rules adopted	30833
under it, regardless of whether generated on or off the premises	30834
where the waste is stored, treated, or disposed of, or transport	30835
or cause to be transported any hazardous waste identified or	30836
listed under this chapter and rules adopted under it to any other	30837
premises, except at or to any of the following:	30838

(1) A hazardous waste facility operating under a permit	30839
issued in accordance with this chapter;	30840

(2) A facility in another state operating under a license or	30841
permit issued in accordance with the "Resource Conservation and	30842
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	30843
amended;	30844

(3) A facility in another nation operating in accordance with	30845
the laws of that nation;	30846

(4) A facility holding a permit issued pursuant to Title I of	30847
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	30848
Stat. 1052, 33 U.S.C.A. 1401, as amended;	30849

(5) A hazardous waste facility as described in division	30850
(E)(3)(a) or (b) of this section.	30851

(G) The director, by order, may exempt any person generating,	30852
collecting, storing, treating, disposing of, or transporting solid	30853
wastes or hazardous waste, or processing solid wastes that consist	30854
of scrap tires, in such quantities or under such circumstances	30855
that, in the determination of the director, are unlikely to	30856
adversely affect the public health or safety or the environment	30857
from any requirement to obtain a registration certificate, permit,	30858
or license or comply with the manifest system or other	30859
requirements of this chapter. Such an exemption shall be	30860
consistent with and equivalent to any regulations adopted by the	30861
administrator of the United States environmental protection agency	30862
under the "Resource Conservation and Recovery Act of 1976," 90	30863
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	30864
provided in this chapter.	30865

(H) No person shall engage in filling, grading, excavating,	30866
building, drilling, or mining on land where a hazardous waste	30867
facility, or a solid waste facility, was operated without prior	30868
authorization from the director, who shall establish the procedure	30869
for granting such authorization by rules adopted in accordance	30870
with Chapter 119. of the Revised Code.	30871

A public utility that has main or distribution lines above or	30872
below the land surface located on an easement or right-of-way	30873
across land where a solid waste facility was operated may engage	30874
in any such activity within the easement or right-of-way without	30875
prior authorization from the director for purposes of performing	30876
emergency repair or emergency replacement of its lines; of the	30877
poles, towers, foundations, or other structures supporting or	30878
sustaining any such lines; or of the appurtenances to those	30879
structures, necessary to restore or maintain existing public	30880
utility service. A public utility may enter upon any such easement	30881
or right-of-way without prior authorization from the director for	30882
purposes of performing necessary or routine maintenance of those	30883
portions of its existing lines; of the existing poles, towers,	30884
foundations, or other structures sustaining or supporting its	30885
lines; or of the appurtenances to any such supporting or	30886
sustaining structure, located on or above the land surface on any	30887
such easement or right-of-way. Within twenty-four hours after	30888
commencing any such emergency repair, replacement, or maintenance	30889
work, the public utility shall notify the director or the	30890
director's authorized representative of those activities and shall	30891
provide such information regarding those activities as the	30892
director or the director's representative may request. Upon	30893
completion of the emergency repair, replacement, or maintenance	30894
activities, the public utility shall restore any land of the solid	30895
waste facility disturbed by those activities to the condition	30896
existing prior to the commencement of those activities.	30897

(I) No owner or operator of a hazardous waste facility, in	30898
the operation of the facility, shall cause, permit, or allow the	30899
emission therefrom of any particulate matter, dust, fumes, gas,	30900
mist, smoke, vapor, or odorous substance that, in the opinion of	30901
the director, unreasonably interferes with the comfortable	30902
enjoyment of life or property by persons living or working in the	30903
vicinity of the facility, or that is injurious to public health.	30904
Any such action is hereby declared to be a public nuisance.	30905

(J) Notwithstanding any other provision of this chapter, in	30906
the event the director finds an imminent and substantial danger to	30907
public health or safety or the environment that creates an	30908
emergency situation requiring the immediate treatment, storage, or	30909
disposal of hazardous waste, the director may issue a temporary	30910
emergency permit to allow the treatment, storage, or disposal of	30911
the hazardous waste at a facility that is not otherwise authorized	30912
by a hazardous waste facility installation and operation permit to	30913
treat, store, or dispose of the waste. The emergency permit shall	30914
not exceed ninety days in duration and shall not be renewed. The	30915
director shall adopt, and may amend, suspend, or rescind, rules in	30916
accordance with Chapter 119. of the Revised Code governing the	30917
issuance, modification, revocation, and denial of emergency	30918
permits.	30919

(K) No owner or operator of a sanitary landfill shall	30920
knowingly accept for disposal, or dispose of, any infectious	30921
wastes, other than those subject to division (A)(1)(c) of section	30922
3734.021 of the Revised Code, that have not been treated to render	30923
them noninfectious. For the purposes of this division,	30924
certification by the owner or operator of the treatment facility	30925
where the wastes were treated on the shipping paper required by	30926
rules adopted under division (D)(2) of that section creates a	30927
rebuttable presumption that the wastes have been so treated.	30928

(L) The director, in accordance with Chapter 119. of the	30929
Revised Code, shall adopt, and may amend, suspend, or rescind,	30930
rules having uniform application throughout the state establishing	30931
a training and certification program that shall be required for	30932
employees of boards of health who are responsible for enforcing	30933
the solid waste and infectious waste provisions of this chapter	30934
and rules adopted under them and for persons who are responsible	30935
for the operation of solid waste facilities or infectious waste	30936
treatment facilities. The rules shall provide all of the	30937
following, without limitation:	30938

(1) The program shall be administered by the director and	30939
shall consist of a course on new solid waste and infectious waste	30940
technologies, enforcement procedures, and rules;	30941

(2) The course shall be offered on an annual basis;

30942

(3) Those persons who are required to take the course under	30943
division (L) of this section shall do so triennially;	30944

(4) Persons who successfully complete the course shall be	30945
certified by the director;	30946

(5) Certification shall be required for all employees of	30947
boards of health who are responsible for enforcing the solid waste	30948
or infectious waste provisions of this chapter and rules adopted	30949
under them and for all persons who are responsible for the	30950
operation of solid waste facilities or infectious waste treatment	30951
facilities;	30952

(6)(a) All employees of a board of health who, on the	30953
effective date of the rules adopted under this division, are	30954
responsible for enforcing the solid waste or infectious waste	30955
provisions of this chapter and the rules adopted under them shall	30956
complete the course and be certified by the director not later	30957
than January 1, 1995;	30958

(b) All employees of a board of health who, after the	30959
effective date of the rules adopted under division (L) of this	30960
section, become responsible for enforcing the solid waste or	30961
infectious waste provisions of this chapter and rules adopted	30962
under them and who do not hold a current and valid certification	30963
from the director at that time shall complete the course and be	30964
certified by the director within two years after becoming	30965
responsible for performing those activities.	30966

No person shall fail to obtain the certification required	30967
under this division.	30968

(M) The director shall not issue a permit under section	30969
3734.05 of the Revised Code to establish a solid waste facility,	30970
or to modify a solid waste facility operating on December 21,	30971
1988, in a manner that expands the disposal capacity or geographic	30972
area covered by the facility, that is or is to be located within	30973
the boundaries of a state park established or dedicated under	30974
Chapter 1541. of the Revised Code, a state park purchase area	30975
established under section 1541.02 of the Revised Code, any unit of	30976
the national park system, or any property that lies within the	30977
boundaries of a national park or recreation area, but that has not	30978
been acquired or is not administered by the secretary of the	30979
United States department of the interior, located in this state,	30980
or any candidate area located in this state and identified for	30981
potential inclusion in the national park system in the edition of	30982
the "national park system plan" submitted under paragraph (b) of	30983
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	30984
U.S.C.A. 1a-5, as amended, current at the time of filing of the	30985
application for the permit, unless the facility or proposed	30986
facility is or is to be used exclusively for the disposal of solid	30987
wastes generated within the park or recreation area and the	30988
director determines that the facility or proposed facility will	30989
not degrade any of the natural or cultural resources of the park	30990
or recreation area. The director shall not issue a variance under	30991
division (A) of this section and rules adopted under it, or issue	30992
an exemption order under division (G) of this section, that would	30993
authorize any such establishment or expansion of a solid waste	30994
facility within the boundaries of any such park or recreation	30995
area, state park purchase area, or candidate area, other than a	30996
solid waste facility exclusively for the disposal of solid wastes	30997
generated within the park or recreation area when the director	30998
determines that the facility will not degrade any of the natural	30999
or cultural resources of the park or recreation area.	31000

(N)(1) The rules adopted under division (A) of this section,	31001
other than those governing variances, do not apply to scrap tire	31002
collection, storage, monocell, monofill, and recovery facilities.	31003
Those facilities are subject to and governed by rules adopted	31004
under sections 3734.70 to 3734.73 of the Revised Code, as	31005
applicable.	31006

(2) Division (C) of this section does not apply to scrap tire	31007
collection, storage, monocell, monofill, and recovery facilities.	31008
The establishment and modification of those facilities are subject	31009
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	31010
Code, as applicable.	31011

(3) The director may adopt, amend, suspend, or rescind rules	31012
under division (A) of this section creating an alternative system	31013
for authorizing the establishment, operation, or modification of a	31014
solid waste compost facility in lieu of the requirement that a	31015
person seeking to establish, operate, or modify a solid waste	31016
compost facility apply for and receive a permit under division (C)	31017
of this section and section 3734.05 of the Revised Code and a	31018
license under division (A)(1) of that section. The rules may	31019
include requirements governing, without limitation, the	31020
classification of solid waste compost facilities, the submittal of	31021
operating records for solid waste compost facilities, and the	31022
creation of a registration or notification system in lieu of the	31023
issuance of permits and licenses for solid waste compost	31024
facilities. The rules shall specify the applicability of divisions	31025
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	31026
Code to a solid waste compost facility.	31027

Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4),	31028
(8), and (9) of this section, no person shall operate or maintain	31029
a solid waste facility without a license issued under this	31030
division by the board of health of the health district in which	31031
the facility is located or by the director of environmental	31032
protection when the health district in which the facility is	31033
located is not on the approved list under section 3734.08 of the	31034
Revised Code.	31035

During the month of December, but before the first day of	31036
January of the next year, every person proposing to continue to	31037
operate an existing solid waste facility shall procure a license	31038
under this division to operate the facility for that year from the	31039
board of health of the health district in which the facility is	31040
located or, if the health district is not on the approved list	31041
under section 3734.08 of the Revised Code, from the director. The	31042
application for such a license shall be submitted to the board of	31043
health or to the director, as appropriate, on or before the last	31044
day of September of the year preceding that for which the license	31045
is sought. In addition to the application fee prescribed in	31046
division (A)(2) of this section, a person who submits an	31047
application after that date shall pay an additional ten per cent	31048
of the amount of the application fee for each week that the	31049
application is late. Late payment fees accompanying an application	31050
submitted to the board of health shall be credited to the special	31051
fund of the health district created in division (B) of section	31052
3734.06 of the Revised Code, and late payment fees accompanying an	31053
application submitted to the director shall be credited to the	31054
general revenue fund. A person who has received a license, upon	31055
sale or disposition of a solid waste facility, and upon consent of	31056
the board of health and the director, may have the license	31057
transferred to another person. The board of health or the director	31058
may include such terms and conditions in a license or revision to	31059
a license as are appropriate to ensure compliance with this	31060
chapter and rules adopted under it. The terms and conditions may	31061
establish the authorized maximum daily waste receipts for the	31062
facility. Limitations on maximum daily waste receipts shall be	31063
specified in cubic yards of volume for the purpose of regulating	31064
the design, construction, and operation of solid waste facilities.	31065
Terms and conditions included in a license or revision to a	31066
license by a board of health shall be consistent with, and pertain	31067
only to the subjects addressed in, the rules adopted under	31068
division (A) of section 3734.02 and division (D) of section	31069
3734.12 of the Revised Code.	31070

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	31071
(9) of this section, each person proposing to open a new solid	31072
waste facility or to modify an existing solid waste facility shall	31073
submit an application for a permit with accompanying detail plans	31074
and specifications to the environmental protection agency for	31075
required approval under the rules adopted by the director pursuant	31076
to division (A) of section 3734.02 of the Revised Code and	31077
applicable rules adopted under division (D) of section 3734.12 of	31078
the Revised Code at least two hundred seventy days before proposed	31079
operation of the facility and shall concurrently make application	31080
for the issuance of a license under division (A)(1) of this	31081
section with the board of health of the health district in which	31082
the proposed facility is to be located.	31083

(b) On and after the effective date of the rules adopted	31084
under division (A) of section 3734.02 of the Revised Code and	31085
division (D) of section 3734.12 of the Revised Code governing	31086
solid waste transfer facilities, each person proposing to open a	31087
new solid waste transfer facility or to modify an existing solid	31088
waste transfer facility shall submit an application for a permit	31089
with accompanying engineering detail plans, specifications, and	31090
information regarding the facility and its method of operation to	31091
the environmental protection agency for required approval under	31092
those rules at least two hundred seventy days before commencing	31093
proposed operation of the facility and concurrently shall make	31094
application for the issuance of a license under division (A)(1) of	31095
this section with the board of health of the health district in	31096
which the facility is located or proposed.	31097

(c) Each application for a permit under division (A)(2)(a) or	31098
(b) of this section shall be accompanied by a nonrefundable	31099
application fee of four hundred dollars that shall be credited to	31100
the general revenue fund. Each application for an annual license	31101
under division (A)(1) or (2) of this section shall be accompanied	31102
by a nonrefundable application fee of one hundred dollars. If the	31103
application for an annual license is submitted to a board of	31104
health on the approved list under section 3734.08 of the Revised	31105
Code, the application fee shall be credited to the special fund of	31106
the health district created in division (B) of section 3734.06 of	31107
the Revised Code. If the application for an annual license is	31108
submitted to the director, the application fee shall be credited	31109
to the general revenue fund. If a permit or license is issued, the	31110
amount of the application fee paid shall be deducted from the	31111
amount of the permit fee due under division (Q) of section 3745.11	31112
of the Revised Code or the amount of the license fee due under	31113
division (A)(1), (2), (3), or (4) of section 3734.06 of the	31114
Revised Code.	31115

(d) As used in divisions (A)(2)(d), (e), and (f) of this	31116
section, "modify" means any of the following:	31117

(i) Any increase of more than ten per cent in the total	31118
capacity of a solid waste facility;	31119

(ii) Any expansion of the limits of solid waste placement at	31120
a solid waste facility;	31121

(iii) Any increase in the depth of excavation at a solid	31122
waste facility;	31123

(iv) Any change in the technique of waste receipt or type of	31124
waste received at a solid waste facility that may endanger human	31125
health, as determined by the director by rules adopted in	31126
accordance with Chapter 119. of the Revised Code.	31127

Not later than thirty-five days after submitting an	31128
application under division (A)(2)(a) or (b) of this section for a	31129
permit to open a new or modify an existing solid waste facility,	31130
the applicant, in conjunction with an officer or employee of the	31131
environmental protection agency, shall hold a public meeting on	31132
the application within the county in which the new or modified	31133
solid waste facility is or is proposed to be located or within a	31134
contiguous county. Not less than thirty days before holding the	31135
public meeting on the application, the applicant shall publish	31136
notice of the meeting in each newspaper of general circulation	31137
that is published in the county in which the facility is or is	31138
proposed to be located. If no newspaper of general circulation is	31139
published in the county, the applicant shall publish the notice in	31140
a newspaper of general circulation in the county. The notice shall	31141
contain the date, time, and location of the public meeting and a	31142
general description of the proposed new or modified facility. Not	31143
later than five days after publishing the notice, the applicant	31144
shall send by certified mail a copy of the notice and the date the	31145
notice was published to the director and the legislative authority	31146
of each municipal corporation, township, and county, and to the	31147
chief executive officer of each municipal corporation, in which	31148
the facility is or is proposed to be located. At the public	31149
meeting, the applicant shall provide information and describe the	31150
application and respond to comments or questions concerning the	31151
application, and the officer or employee of the agency shall	31152
describe the permit application process. At the public meeting,	31153
any person may submit written or oral comments on or objections to	31154
the application. Not more than thirty days after the public	31155
meeting, the applicant shall provide the director with a copy of a	31156
transcript of the full meeting, copies of any exhibits, displays,	31157
or other materials presented by the applicant at the meeting, and	31158
the original copy of any written comments submitted at the	31159
meeting.	31160

(e) Except as provided in division (A)(2)(f) of this section,	31161
prior to taking an action, other than a proposed or final denial,	31162
upon an application submitted under division (A)(2)(a) of this	31163
section for a permit to open a new or modify an existing solid	31164
waste facility, the director shall hold a public information	31165
session and a public hearing on the application within the county	31166
in which the new or modified solid waste facility is or is	31167
proposed to be located or within a contiguous county. If the	31168
application is for a permit to open a new solid waste facility,	31169
the director shall hold the hearing not less than fourteen days	31170
after the information session. If the application is for a permit	31171
to modify an existing solid waste facility, the director may hold	31172
both the information session and the hearing on the same day	31173
unless any individual affected by the application requests in	31174
writing that the information session and the hearing not be held	31175
on the same day, in which case the director shall hold the hearing	31176
not less than fourteen days after the information session. The	31177
director shall publish notice of the public information session or	31178
public hearing not less than thirty days before holding the	31179
information session or hearing, as applicable. The notice shall be	31180
published in each newspaper of general circulation that is	31181
published in the county in which the facility is or is proposed to	31182
be located. If no newspaper of general circulation is published in	31183
the county, the director shall publish the notice in a newspaper	31184
of general circulation in the county. The notice shall contain the	31185
date, time, and location of the information session or hearing, as	31186
applicable, and a general description of the proposed new or	31187
modified facility. At the public information session, an officer	31188
or employee of the environmental protection agency shall describe	31189
the status of the permit application and be available to respond	31190
to comments or questions concerning the application. At the public	31191
hearing, any person may submit written or oral comments on or	31192
objections to the approval of the application. The applicant, or a	31193
representative of the applicant who has knowledge of the location,	31194
construction, and operation of the facility, shall attend the	31195
information session and public hearing to respond to comments or	31196
questions concerning the facility directed to the applicant or	31197
representative by the officer or employee of the environmental	31198
protection agency presiding at the information session and	31199
hearing.	31200

(f) The solid waste management policy committee of a county	31201
or joint solid waste management district may adopt a resolution	31202
requesting expeditious consideration of a specific application	31203
submitted under division (A)(2)(a) of this section for a permit to	31204
modify an existing solid waste facility within the district. The	31205
resolution shall make the finding that expedited consideration of	31206
the application without the public information session and public	31207
hearing under division (A)(2)(e) of this section is in the public	31208
interest and will not endanger human health, as determined by the	31209
director by rules adopted in accordance with Chapter 119. of the	31210
Revised Code. Upon receiving such a resolution, the director, at	31211
the director's discretion, may issue a final action upon the	31212
application without holding a public information session or public	31213
hearing pursuant to division (A)(2)(e) of this section.	31214

(3) Except as provided in division (A)(10) of this section,	31215
and unless the owner or operator of any solid waste facility,	31216
other than a solid waste transfer facility or a compost facility	31217
that accepts exclusively source separated yard wastes, that	31218
commenced operation on or before July 1, 1968, has obtained an	31219
exemption from the requirements of division (A)(3) of this section	31220
in accordance with division (G) of section 3734.02 of the Revised	31221
Code, the owner or operator shall submit to the director an	31222
application for a permit with accompanying engineering detail	31223
plans, specifications, and information regarding the facility and	31224
its method of operation for approval under rules adopted under	31225
division (A) of section 3734.02 of the Revised Code and applicable	31226
rules adopted under division (D) of section 3734.12 of the Revised	31227
Code in accordance with the following schedule:	31228

(a) Not later than September 24, 1988, if the facility is	31229
located in the city of Garfield Heights or Parma in Cuyahoga	31230
county;	31231

(b) Not later than December 24, 1988, if the facility is	31232
located in Delaware, Greene, Guernsey, Hamilton, Madison,	31233
Mahoning, Ottawa, or Vinton county;	31234

(c) Not later than March 24, 1989, if the facility is located	31235
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	31236
Washington county, or is located in the city of Brooklyn or	31237
Cuyahoga Heights in Cuyahoga county;	31238

(d) Not later than June 24, 1989, if the facility is located	31239
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	31240
Summit county or is located in Cuyahoga county outside the cities	31241
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	31242

(e) Not later than September 24, 1989, if the facility is	31243
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	31244
county;	31245

(f) Not later than December 24, 1989, if the facility is	31246
located in a county not listed in divisions (A)(3)(a) to (e) of	31247
this section;	31248

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	31249
section, not later than December 31, 1990, if the facility is a	31250
solid waste facility owned by a generator of solid wastes when the	31251
solid waste facility exclusively disposes of solid wastes	31252
generated at one or more premises owned by the generator	31253
regardless of whether the facility is located on a premises where	31254
the wastes are generated and if the facility disposes of more than	31255
one hundred thousand tons of solid wastes per year, provided that	31256
any such facility shall be subject to division (A)(5) of this	31257
section.	31258

(4) Except as provided in divisions (A)(8), (9), and (10) of	31259
this section, unless the owner or operator of any solid waste	31260
facility for which a permit was issued after July 1, 1968, but	31261
before January 1, 1980, has obtained an exemption from the	31262
requirements of division (A)(4) of this section under division (G)	31263
of section 3734.02 of the Revised Code, the owner or operator	31264
shall submit to the director an application for a permit with	31265
accompanying engineering detail plans, specifications, and	31266
information regarding the facility and its method of operation for	31267
approval under those rules.	31268

(5) The director may issue an order in accordance with	31269
Chapter 3745. of the Revised Code to the owner or operator of a	31270
solid waste facility requiring the person to submit to the	31271
director updated engineering detail plans, specifications, and	31272
information regarding the facility and its method of operation for	31273
approval under rules adopted under division (A) of section 3734.02	31274
of the Revised Code and applicable rules adopted under division	31275
(D) of section 3734.12 of the Revised Code if, in the director's	31276
judgment, conditions at the facility constitute a substantial	31277
threat to public health or safety or are causing or contributing	31278
to or threatening to cause or contribute to air or water pollution	31279
or soil contamination. Any person who receives such an order shall	31280
submit the updated engineering detail plans, specifications, and	31281
information to the director within one hundred eighty days after	31282
the effective date of the order.	31283

(6) The director shall act upon an application submitted	31284
under division (A)(3) or (4) of this section and any updated	31285
engineering plans, specifications, and information submitted under	31286
division (A)(5) of this section within one hundred eighty days	31287
after receiving them. If the director denies any such permit	31288
application, the order denying the application or disapproving the	31289
plans shall include the requirements that the owner or operator	31290
submit a plan for closure and post-closure care of the facility to	31291
the director for approval within six months after issuance of the	31292
order, cease accepting solid wastes for disposal or transfer at	31293
the facility, and commence closure of the facility not later than	31294
one year after issuance of the order. If the director determines	31295
that closure of the facility within that one-year period would	31296
result in the unavailability of sufficient solid waste management	31297
facility capacity within the county or joint solid waste	31298
management district in which the facility is located to dispose of	31299
or transfer the solid waste generated within the district, the	31300
director in the order of denial or disapproval may postpone	31301
commencement of closure of the facility for such period of time as	31302
the director finds necessary for the board of county commissioners	31303
or directors of the district to secure access to or for there to	31304
be constructed within the district sufficient solid waste	31305
management facility capacity to meet the needs of the district,	31306
provided that the director shall certify in the director's order	31307
that postponing the date for commencement of closure will not	31308
endanger ground water or any property surrounding the facility,	31309
allow methane gas migration to occur, or cause or contribute to	31310
any other type of environmental damage.	31311

If an emergency need for disposal capacity that may affect	31312
public health and safety exists as a result of closure of a	31313
facility under division (A)(6) of this section, the director may	31314
issue an order designating another solid waste facility to accept	31315
the wastes that would have been disposed of at the facility to be	31316
closed.	31317

(7) If the director determines that standards more stringent	31318
than those applicable in rules adopted under division (A) of	31319
section 3734.02 of the Revised Code and division (D) of section	31320
3734.12 of the Revised Code, or standards pertaining to subjects	31321
not specifically addressed by those rules, are necessary to ensure	31322
that a solid waste facility constructed at the proposed location	31323
will not cause a nuisance, cause or contribute to water pollution,	31324
or endanger public health or safety, the director may issue a	31325
permit for the facility with such terms and conditions as the	31326
director finds necessary to protect public health and safety and	31327
the environment. If a permit is issued, the director shall state	31328
in the order issuing it the specific findings supporting each such	31329
term or condition.	31330

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	31331
not apply to a solid waste compost facility that accepts	31332
exclusively source separated yard wastes and that is registered	31333
under division (C) of section 3734.02 of the Revised Code or,	31334
unless otherwise provided in rules adopted under division (N)(3)	31335
of section 3734.02 of the Revised Code, to a solid waste compost	31336
facility if the director has adopted rules establishing an	31337
alternative system for authorizing the establishment, operation,	31338
or modification of a solid waste compost facility under that	31339
division.	31340

(9) Divisions (A)(1) to (7) of this section do not apply to	31341
scrap tire collection, storage, monocell, monofill, and recovery	31342
facilities. The approval of plans and specifications, as	31343
applicable, and the issuance of registration certificates,	31344
permits, and licenses for those facilities are subject to sections	31345
3734.75 to 3734.78 of the Revised Code, as applicable, and section	31346
3734.81 of the Revised Code.	31347

(10) Divisions (A)(3) and (4) of this section do not apply to	31348
a solid waste incinerator that was placed into operation on or	31349
before October 12, 1994, and that is not authorized to accept and	31350
treat infectious wastes pursuant to division (B) of this section.	31351

(B)(1) Each person who is engaged in the business of treating	31352
infectious wastes for profit at a treatment facility located off	31353
the premises where the wastes are generated that is in operation	31354
on August 10, 1988, and who proposes to continue operating the	31355
facility shall submit to the board of health of the health	31356
district in which the facility is located an application for a	31357
license to operate the facility.	31358

Thereafter, no person shall operate or maintain an infectious	31359
waste treatment facility without a license issued by the board of	31360
health of the health district in which the facility is located or	31361
by the director when the health district in which the facility is	31362
located is not on the approved list under section 3734.08 of the	31363
Revised Code.	31364

(2)(a) During the month of December, but before the first day	31365
of January of the next year, every person proposing to continue to	31366
operate an existing infectious waste treatment facility shall	31367
procure a license to operate the facility for that year from the	31368
board of health of the health district in which the facility is	31369
located or, if the health district is not on the approved list	31370
under section 3734.08 of the Revised Code, from the director. The	31371
application for such a license shall be submitted to the board of	31372
health or to the director, as appropriate, on or before the last	31373
day of September of the year preceding that for which the license	31374
is sought. In addition to the application fee prescribed in	31375
division (B)(2)(c) of this section, a person who submits an	31376
application after that date shall pay an additional ten per cent	31377
of the amount of the application fee for each week that the	31378
application is late. Late payment fees accompanying an application	31379
submitted to the board of health shall be credited to the special	31380
infectious waste fund of the health district created in division	31381
(C) of section 3734.06 of the Revised Code, and late payment fees	31382
accompanying an application submitted to the director shall be	31383
credited to the general revenue fund. A person who has received a	31384
license, upon sale or disposition of an infectious waste treatment	31385
facility and upon consent of the board of health and the director,	31386
may have the license transferred to another person. The board of	31387
health or the director may include such terms and conditions in a	31388
license or revision to a license as are appropriate to ensure	31389
compliance with the infectious waste provisions of this chapter	31390
and rules adopted under them.	31391

(b) Each person proposing to open a new infectious waste	31392
treatment facility or to modify an existing infectious waste	31393
treatment facility shall submit an application for a permit with	31394
accompanying detail plans and specifications to the environmental	31395
protection agency for required approval under the rules adopted by	31396
the director pursuant to section 3734.021 of the Revised Code two	31397
hundred seventy days before proposed operation of the facility and	31398
concurrently shall make application for a license with the board	31399
of health of the health district in which the facility is or is	31400
proposed to be located. Not later than ninety days after receiving	31401
a completed application under division (B)(2)(b) of this section	31402
for a permit to open a new infectious waste treatment facility or	31403
modify an existing infectious waste treatment facility to expand	31404
its treatment capacity, or receiving a completed application under	31405
division (A)(2)(a) of this section for a permit to open a new	31406
solid waste incineration facility, or modify an existing solid	31407
waste incineration facility to also treat infectious wastes or to	31408
increase its infectious waste treatment capacity, that pertains to	31409
a facility for which a notation authorizing infectious waste	31410
treatment is included or proposed to be included in the solid	31411
waste incineration facility's license pursuant to division (B)(3)	31412
of this section, the director shall hold a public hearing on the	31413
application within the county in which the new or modified	31414
infectious waste or solid waste facility is or is proposed to be	31415
located or within a contiguous county. Not less than thirty days	31416
before holding the public hearing on the application, the director	31417
shall publish notice of the hearing in each newspaper that has	31418
general circulation and that is published in the county in which	31419
the facility is or is proposed to be located. If there is no	31420
newspaper that has general circulation and that is published in	31421
the county, the director shall publish the notice in a newspaper	31422
of general circulation in the county. The notice shall contain the	31423
date, time, and location of the public hearing and a general	31424
description of the proposed new or modified facility. At the	31425
public hearing, any person may submit written or oral comments on	31426
or objections to the approval or disapproval of the application.	31427
The applicant, or a representative of the applicant who has	31428
knowledge of the location, construction, and operation of the	31429
facility, shall attend the public hearing to respond to comments	31430
or questions concerning the facility directed to the applicant or	31431
representative by the officer or employee of the environmental	31432
protection agency presiding at the hearing.	31433

(c) Each application for a permit under division (B)(2)(b) of	31434
this section shall be accompanied by a nonrefundable application	31435
fee of four hundred dollars that shall be credited to the general	31436
revenue fund. Each application for an annual license under	31437
division (B)(2)(a) of this section shall be accompanied by a	31438
nonrefundable application fee of one hundred dollars. If the	31439
application for an annual license is submitted to a board of	31440
health on the approved list under section 3734.08 of the Revised	31441
Code, the application fee shall be credited to the special	31442
infectious waste fund of the health district created in division	31443
(C) of section 3734.06 of the Revised Code. If the application for	31444
an annual license is submitted to the director, the application	31445
fee shall be credited to the general revenue fund. If a permit or	31446
license is issued, the amount of the application fee paid shall be	31447
deducted from the amount of the permit fee due under division (Q)	31448
of section 3745.11 of the Revised Code or the amount of the	31449
license fee due under division (C) of section 3734.06 of the	31450
Revised Code.	31451

(d) The owner or operator of any infectious waste treatment	31452
facility that commenced operation on or before July 1, 1968, shall	31453
submit to the director an application for a permit with	31454
accompanying engineering detail plans, specifications, and	31455
information regarding the facility and its method of operation for	31456
approval under rules adopted under section 3734.021 of the Revised	31457
Code in accordance with the following schedule:	31458

(i) Not later than December 24, 1988, if the facility is	31459
located in Delaware, Greene, Guernsey, Hamilton, Madison,	31460
Mahoning, Ottawa, or Vinton county;	31461

(ii) Not later than March 24, 1989, if the facility is	31462
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	31463
or Washington county, or is located in the city of Brooklyn,	31464
Cuyahoga Heights, or Parma in Cuyahoga county;	31465

(iii) Not later than June 24, 1989, if the facility is	31466
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	31467
Lucas, or Summit county or is located in Cuyahoga county outside	31468
the cities of Brooklyn, Cuyahoga Heights, and Parma;	31469

(iv) Not later than September 24, 1989, if the facility is	31470
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	31471
county;	31472

(v) Not later than December 24, 1989, if the facility is	31473
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	31474
of this section.	31475

The owner or operator of an infectious waste treatment	31476
facility required to submit a permit application under division	31477
(B)(2)(d) of this section is not required to pay any permit	31478
application fee under division (B)(2)(c) of this section, or	31479
permit fee under division (Q) of section 3745.11 of the Revised	31480
Code, with respect thereto unless the owner or operator also	31481
proposes to modify the facility.	31482

(e) The director may issue an order in accordance with	31483
Chapter 3745. of the Revised Code to the owner or operator of an	31484
infectious waste treatment facility requiring the person to submit	31485
to the director updated engineering detail plans, specifications,	31486
and information regarding the facility and its method of operation	31487
for approval under rules adopted under section 3734.021 of the	31488
Revised Code if, in the director's judgment, conditions at the	31489
facility constitute a substantial threat to public health or	31490
safety or are causing or contributing to or threatening to cause	31491
or contribute to air or water pollution or soil contamination. Any	31492
person who receives such an order shall submit the updated	31493
engineering detail plans, specifications, and information to the	31494
director within one hundred eighty days after the effective date	31495
of the order.	31496

(f) The director shall act upon an application submitted	31497
under division (B)(2)(d) of this section and any updated	31498
engineering plans, specifications, and information submitted under	31499
division (B)(2)(e) of this section within one hundred eighty days	31500
after receiving them. If the director denies any such permit	31501
application or disapproves any such updated engineering plans,	31502
specifications, and information, the director shall include in the	31503
order denying the application or disapproving the plans the	31504
requirement that the owner or operator cease accepting infectious	31505
wastes for treatment at the facility.	31506

(3) Division (B) of this section does not apply to an	31507
infectious waste treatment facility that meets any of the	31508
following conditions:	31509

(a) Is owned or operated by the generator of the wastes and	31510
exclusively treats, by methods, techniques, and practices	31511
established by rules adopted under division (C)(1) or (3) of	31512
section 3734.021 of the Revised Code, wastes that are generated at	31513
any premises owned or operated by that generator regardless of	31514
whether the wastes are generated on the same premises where the	31515
generator's treatment facility is located or, if the generator is	31516
a hospital as defined in section 3727.01 of the Revised Code,	31517
infectious wastes that are described in division (A)(1)(g), (h),	31518
or (i) of section 3734.021 of the Revised Code;	31519

(b) Holds a license or renewal of a license to operate a	31520
crematory facility issued under Chapter 4717. and a permit issued	31521
under Chapter 3704. of the Revised Code;	31522

(c) Treats or disposes of dead animals or parts thereof, or	31523
the blood of animals, and is subject to any of the following:	31524

(i) Inspection under the "Federal Meat Inspection Act," 81	31525
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	31526

(ii) Chapter 918. of the Revised Code;

31527

(iii) Chapter 953. of the Revised Code.

31528

Nothing in division (B) of this section requires a facility	31529
that holds a license issued under division (A) of this section as	31530
a solid waste facility and that also treats infectious wastes by	31531
the same method, technique, or process to obtain a license under	31532
division (B) of this section as an infectious waste treatment	31533
facility. However, the solid waste facility license for the	31534
facility shall include the notation that the facility also treats	31535
infectious wastes.	31536

On and after the effective date of the amendments to the	31537
rules adopted under division (C)(2) of section 3734.021 of the	31538
Revised Code that are required by Section 6 of Substitute House	31539
Bill No. 98 of the 120th General Assembly, the director shall not	31540
issue a permit to open a new solid waste incineration facility	31541
unless the proposed facility complies with the requirements for	31542
the location of new infectious waste incineration facilities	31543
established in the required amendments to those rules.	31544

(C) Except for a facility or activity described in division	31545
(E)(3) of section 3734.02 of the Revised Code, a person who	31546
proposes to establish or operate a hazardous waste facility shall	31547
submit ana complete application for a hazardous waste facility	31548
installation and operation permit and accompanying detail plans,	31549
specifications, and such information as the director may require	31550
to the environmental protection agency~~, except as provided in~~	31551
~~division (E)(2) of this section,~~ at least one hundred eighty days	31552
before the proposed beginning of operation of the facility. The	31553
applicant shall notify by certified mail the legislative authority	31554
of each municipal corporation, township, and county in which the	31555
facility is proposed to be located of the submission of the	31556
application within ten days after the submission or at such	31557
earlier time as the director may establish by rule. If the	31558
application is for a proposed new hazardous waste disposal or	31559
thermal treatment facility, the applicant also shall give actual	31560
notice of the general design and purpose of the facility to the	31561
legislative authority of each municipal corporation, township, and	31562
county in which the facility is proposed to be located at least	31563
ninety days before the permit application is submitted to the	31564
environmental protection agency.	31565

In accordance with rules adopted under section 3734.12 of the	31566
Revised Code, prior to the submission of a complete application	31567
for a hazardous waste facility installation and operation permit,	31568
the applicant shall hold at least one meeting in the township or	31569
municipal corporation in which the facility is proposed to be	31570
located, whichever is geographically closer to the proposed	31571
location of the facility. The meeting shall be open to the public	31572
and shall be held to inform the community of the proposed	31573
hazardous waste management activities and to solicit questions	31574
from the community concerning the activities.	31575

(D)(1) ~~There is hereby created the hazardous waste facility~~	31576
~~board, composed of the director of environmental protection who~~	31577
~~shall serve as chairperson, the director of natural resources, and~~	31578
~~the chairperson of the Ohio water development authority, or their~~	31579
~~respective designees, and one chemical engineer and one geologist~~	31580
~~who each shall be employed by a state university as defined in~~	31581
~~section 3345.011 of the Revised Code. The chemical engineer and~~	31582
~~geologist each shall be appointed by the governor, with the advice~~	31583
~~and consent of the senate, for a term of two years. The chemical~~	31584
~~engineer and geologist each shall receive as compensation five~~	31585
~~thousand dollars per year, plus expenses necessarily incurred in~~	31586
~~the performance of their duties.~~	31587

~~The board shall not issue any final order without the consent~~	31588
~~of at least three members.~~	31589

~~(2) The hazardous waste facility board shall do both of the~~	31590
~~following:~~	31591

~~(a) Pursuant to Chapter 119. of the Revised Code, adopt rules~~	31592
~~governing procedure to be followed in hearings before the board;~~	31593

~~(b)~~ Except as provided in section 3734.123 of the Revised	31594
Code, ~~approve or disapprove applications for a hazardous waste~~	31595
~~facility installation and operation permit for new facilities and~~	31596
~~applications for modifications to existing permits for which the~~	31597
~~board has jurisdiction as provided in division (I)(3) of this~~	31598
~~section.~~	31599

~~(3) Except as provided in section 3734.123 of the Revised~~	31600
~~Code, upon receipt of the completed application for a hazardous~~	31601
~~waste facility installation and operation permit and a preliminary~~	31602
~~determination by the staff of the environmental protection agency~~	31603
~~that the application appears to comply with agency rules and to~~	31604
~~meet the performance standards set forth in divisions (D), (I),~~	31605
~~and (J) of section 3734.12 of the Revised Code, the director shall~~	31606
~~transmit the application to the board, which shall do all of the~~	31607
~~following:~~	31608

~~(a) Promptly fix a date for a public hearing on the~~	31609
~~application, not fewer than sixty nor more than ninety days after~~	31610
~~receipt of the completed application. At the public hearing, any~~	31611
~~person may submit written or oral comments or objections to the~~	31612
~~approval or disapproval of the application. A representative of~~	31613
~~the applicant who has knowledge of the location, construction,~~	31614
~~operation, closure, and post-closure care, if applicable, of the~~	31615
~~facility shall attend the public hearing in order to respond to~~	31616
~~comments or questions concerning the facility directed to the~~	31617
~~representative by the presiding officer.~~	31618

~~(b) Give public notice of the date of the public hearing and~~	31619
~~a summary of the application in a newspaper having general~~	31620
~~circulation in the county in which the facility is proposed to be~~	31621
~~located. The notice shall contain, at a minimum, the date, time,~~	31622
~~and location of the public hearing and shall include the location~~	31623
~~and street address of, or the nearest intersection to, the~~	31624
~~proposed facility, a description of the proposed facility, and the~~	31625
~~location where copies of the application, a short statement by the~~	31626
~~applicant of the anticipated environmental impact of the facility,~~	31627
~~and a map of the facility are available for inspection.~~	31628

~~(c) Promptly fix a date for an adjudication hearing, not~~	31629
~~fewer than ninety nor more than one hundred twenty days after~~	31630
~~receipt of the completed application, at which hearing the board~~	31631
~~shall hear and decide all disputed issues between the parties~~	31632
~~respecting the approval or disapproval of the application.~~	31633

~~(4) The parties to any adjudication hearing before the board~~	31634
~~upon a completed application shall be the following:~~	31635

~~(a) The applicant;~~

31636

~~(b) The staff of the environmental protection agency;~~

31637

~~(c) The board of county commissioners of the county, the~~	31638
~~board of township trustees of the township, and the chief~~	31639
~~executive officer of the municipal corporation in which the~~	31640
~~facility is proposed to be located;~~	31641

~~(d) Any other person who would be aggrieved or adversely~~	31642
~~affected by the proposed facility and who files a petition to~~	31643
~~intervene in the adjudication hearing not later than thirty days~~	31644
~~after the date of publication of the notice required in division~~	31645
~~(D)(3)(b) of this section if the petition is granted by the board~~	31646
~~for good cause shown. The board may allow intervention by other~~	31647
~~aggrieved or adversely affected persons up to fifteen days prior~~	31648
~~to the date of the adjudication hearing for good cause shown when~~	31649
~~the intervention would not be unduly burdensome to or cause a~~	31650
~~delay in the permitting process.~~	31651

~~(5) The hazardous waste facility board shall conduct any~~	31652
~~adjudication hearing upon disputed issues in accordance with~~	31653
~~Chapter 119. of the Revised Code and the rules of the board~~	31654
~~governing the procedure of such hearings. Each party may call and~~	31655
~~examine witnesses and submit other evidence respecting the~~	31656
~~disputed issues presented by an application. A written record~~	31657
~~shall be made of the hearing and of all testimony and evidence~~	31658
~~submitted to the board~~upon receipt of a complete application for	31659
a hazardous waste facility installation and operation permit under	31660
division (C) of this section, the director shall consider the	31661
application and accompanying information to determine whether the	31662
application complies with agency rules and the requirements of	31663
division (D)(2) of this section. After making a determination, the	31664
director shall issue either a draft permit or a notice of intent	31665
to deny the permit. The director, in accordance with rules adopted	31666
under section 3734.12 of the Revised Code or with rules adopted to	31667
implement Chapter 3745. of the Revised Code, shall provide public	31668
notice of the application and the draft permit or the notice of	31669
intent to deny the permit, provide an opportunity for public	31670
comments, and, if significant interest is shown, schedule a public	31671
meeting in the county in which the facility is proposed to be	31672
located and give public notice of the date, time, and location of	31673
the public meeting in a newspaper of general circulation in that	31674
county.	31675

~~(6)~~(2) The ~~board~~director shall not approve an application	31676
for a hazardous waste facility installation and operation permit	31677
or an application for a modification under division (I)(3) of this	31678
section unless itthe director finds and determines as follows:	31679

(a) The nature and volume of the waste to be treated, stored,	31680
or disposed of at the facility;	31681

(b) That the facility complies with the director's hazardous	31682
waste standards adopted pursuant to section 3734.12 of the Revised	31683
Code;	31684

(c) That the facility represents the minimum adverse	31685
environmental impact, considering the state of available	31686
technology and the nature and economics of various alternatives,	31687
and other pertinent considerations;	31688

(d) That the facility represents the minimum risk of all of	31689
the following:	31690

(i) ~~Contamination of ground and surface waters;~~

31691

~~(ii)~~ Fires or explosions from treatment, storage, or disposal	31692
methods;	31693

~~(iii) Accident~~(ii) Release of hazardous waste during	31694
transportation of hazardous waste to or from the facility;	31695

~~(iv) Impact~~(iii) Adverse impact on the public health and	31696
safety;	31697

~~(v) Air pollution;~~

31698

~~(vi) Soil contamination~~.

31699

(e) That the facility will comply with this chapter and	31700
Chapters 3704.~~, 3734.,~~ and 6111. of the Revised Code and all rules	31701
and standards adopted under ~~those chapters~~them;	31702

(f) That if the owner of the facility, the operator of the	31703
facility, or any other person in a position with the facility from	31704
which the person may influence the installation and operation of	31705
the facility has been involved in any prior activity involving	31706
transportation, treatment, storage, or disposal of hazardous	31707
waste, that person has a history of compliance with this chapter	31708
and Chapters 3704.~~, 3734.,~~ and 6111. of the Revised Code and all	31709
rules and standards adopted under ~~those chapters~~them, the	31710
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806,	31711
42 U.S.C.A. 6921, as amended, and all regulations adopted under	31712
it, and similar laws and rules of other states if any such prior	31713
operation was located in another state that demonstrates	31714
sufficient reliability, expertise, and competency to operate a	31715
hazardous waste facility under the applicable provisions of this	31716
chapter and Chapters 3704.~~, 3734.,~~ and 6111. of the Revised Code,	31717
the applicable rules and standards adopted under ~~those chapters~~	31718
them, and terms and conditions of a hazardous waste facility	31719
installation and operation permit, given the potential for harm to	31720
the public health and safety and the environment that could result	31721
from the irresponsible operation of the facility;. For off-site	31722
facilities, as defined in section 3734.41 of the Revised Code, the	31723
director may use the investigative reports of the attorney general	31724
prepared pursuant to section 3734.42 of the Revised Code as a	31725
basis for making a finding and determination under division	31726
(D)(2)(f) of this section.	31727

(g) That the active areas within a new hazardous waste	31728
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	31729
(e), as amended, or organic waste that is toxic and is listed	31730
under 40 C.F.R. 261, as amended, is being stored, treated, or	31731
disposed of and where the aggregate of the storage design capacity	31732
and the disposal design capacity of all hazardous waste in those	31733
areas is greater than two hundred fifty thousand gallons, are not	31734
located or operated within any of the following:	31735

(i) Two thousand feet of any residence, school, hospital,	31736
jail, or prison;	31737

(ii) Any naturally occurring wetland;

31738

(iii) Any flood hazard area if the applicant cannot show that	31739
the facility will be designed, constructed, operated, and	31740
maintained to prevent washout by a one-hundred-year flood ~~or that~~	31741
~~procedures will be in effect to remove the waste before flood~~	31742
~~waters can reach it~~.	31743

Division (D)~~(6)~~(2)(g) of this section does not apply to the	31744
facility of any applicant who demonstrates to the ~~board~~director	31745
that the limitations specified in that division are not necessary	31746
because of the nature or volume of the waste and the manner of	31747
management applied, the facility will impose no substantial danger	31748
to the health and safety of persons occupying the structures	31749
listed in division (D)~~(6)~~(2)(g)(i) of this section, and the	31750
facility is to be located or operated in an area where the	31751
proposed hazardous waste activities will not be incompatible with	31752
existing land uses in the area.	31753

(h) That the facility will not be located within the	31754
boundaries of a state park established or dedicated under Chapter	31755
1541. of the Revised Code, a state park purchase area established	31756
under section 1541.02 of the Revised Code, any unit of the	31757
national park system, or any property that lies within the	31758
boundaries of a national park or recreation area, but that has not	31759
been acquired or is not administered by the secretary of the	31760
United States department of the interior, located in this state,	31761
or any candidate area located in this state identified for	31762
potential inclusion in the national park system in the edition of	31763
the "national park system plan" submitted under paragraph (b) of	31764
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	31765
U.S.C.A. 1a-5, as amended, current at the time of filing of the	31766
application for the permit, unless the facility will be used	31767
exclusively for the storage of hazardous waste generated within	31768
the park or recreation area in conjunction with the operation of	31769
the park or recreation area. Division (D)~~(6)~~(2)(h) of this section	31770
does not apply to the facility of any applicant for modification	31771
of a permit unless the modification application proposes to	31772
increase the land area included in the facility or to increase the	31773
quantity of hazardous waste that will be treated, stored, or	31774
disposed of at the facility.	31775

~~In rendering a decision upon an application for a hazardous~~	31776
~~waste facility installation and operation permit, the board shall~~	31777
~~issue a written order and opinion, which shall include the~~	31778
~~specific findings of fact and conclusions of law that support the~~	31779
~~board's approval or disapproval of the application.~~	31780

(3) Not later than one hundred eighty days after the end of	31781
the public comment period, the director, without prior hearing,	31782
shall issue or deny the permit in accordance with Chapter 3745. of	31783
the Revised Code. If the ~~board~~director approves an application	31784
for a hazardous waste facility installation and operation permit,	31785
~~as a part of its written order, it~~the director shall issue the	31786
permit, upon such terms and conditions as the ~~board~~director finds	31787
are necessary to ensure the construction and operation of the	31788
hazardous waste facility in accordance with the standards of this	31789
section.	31790

~~(7) Any party adversely affected by an order of the hazardous~~	31791
~~waste facility board may appeal the order and decision of the~~	31792
~~board to the court of appeals of Franklin county. An appellant~~	31793
~~shall file with the board a notice of appeal, which shall~~	31794
~~designate the order appealed from. A copy of the notice also shall~~	31795
~~be filed by the appellant with the court, and a copy shall be sent~~	31796
~~by certified mail to each party to the adjudication hearing before~~	31797
~~the board. Such notices shall be filed and mailed within thirty~~	31798
~~days after the date upon which the appellant received notice from~~	31799
~~the board by certified mail of the making of the order appealed~~	31800
~~from. No appeal bond shall be required to make an appeal~~	31801
~~effective.~~	31802

~~The filing of a notice of appeal shall not operate~~	31803
~~automatically as a suspension of the order of the board. If it~~	31804
~~appears to the court that an unjust hardship to the appellant will~~	31805
~~result from the execution of the board's order pending~~	31806
~~determination of the appeal, the court may grant a suspension of~~	31807
~~the order and fix its terms.~~	31808

~~Within twenty days after receipt of the notice of appeal, the~~	31809
~~board shall prepare and file in the court the complete record of~~	31810
~~proceedings out of which the appeal arises, including any~~	31811
~~transcript of the testimony and any other evidence that has been~~	31812
~~submitted before the board. The expense of preparing and~~	31813
~~transcribing the record shall be taxed as a part of the costs of~~	31814
~~the appeal. The appellant, other than the state or a political~~	31815
~~subdivision, an agency of either, or any officer of the appellant~~	31816
~~acting in the officer's representative capacity, shall provide~~	31817
~~security for costs satisfactory to the court considering the~~	31818
~~respective interests of the parties and the public interest. Upon~~	31819
~~demand by a party, the board shall furnish, at the cost of the~~	31820
~~party requesting it, a copy of the record. If the complete record~~	31821
~~is not filed within the time provided for in this section, any~~	31822
~~party may apply to the court to have the case docketed, and the~~	31823
~~court shall order the record filed.~~	31824

~~In hearing the appeal, the court is confined to the record as~~	31825
~~certified to it by the board. The court may grant a request for~~	31826
~~the admission of additional evidence when satisfied that the~~	31827
~~additional evidence is newly discovered and could not with~~	31828
~~reasonable diligence have been ascertained prior to the hearing~~	31829
~~before the board.~~	31830

~~The court shall affirm the order complained of in the appeal~~	31831
~~if it finds, upon consideration of the entire record and such~~	31832
~~additional evidence as the court has admitted, that the order is~~	31833
~~supported by reliable, probative, and substantial evidence and is~~	31834
~~in accordance with law. In the absence of such findings, it shall~~	31835
~~reverse, vacate, or modify the order or make such other ruling as~~	31836
~~is supported by reliable, probative, and substantial evidence and~~	31837
~~is in accordance with law. The judgment of the court shall be~~	31838
~~final and conclusive unless reversed, vacated, or modified on~~	31839
~~appeal. Such appeals may be taken by any party to the appeal~~	31840
~~pursuant to the Rules of Practice of the Supreme Court and, to the~~	31841
~~extent not in conflict with those rules, Chapter 2505. of the~~	31842
~~Revised Code.~~	31843

(E)~~(1) Upon receipt of a completed application, the board~~	31844
~~shall issue a hazardous waste facility installation and operation~~	31845
~~permit for a hazardous waste facility subject to the requirements~~	31846
~~of divisions (D)(6) and (7) of this section and all applicable~~	31847
~~federal regulations if the facility for which the permit is~~	31848
~~requested satisfies all of the following:~~	31849

~~(a) Was in operation immediately prior to October 9, 1980~~;

31850

~~(b) Was in substantial compliance with applicable statutes~~	31851
~~and rules in effect immediately prior to October 9, 1980, as~~	31852
~~determined by the director;~~	31853

~~(c) Demonstrates to the board that its operations after~~	31854
~~October 9, 1980, comply with applicable performance standards~~	31855
~~adopted by the director pursuant to division (D) of section~~	31856
~~3734.12 of the Revised Code;~~	31857

~~(d) Submits a completed application for a permit under~~	31858
~~division (C) of this section within six months after October 9,~~	31859
~~1980.~~	31860

~~The board shall act on the application within twelve months~~	31861
~~after October 9, 1980.~~	31862

~~(2) A hazardous waste facility that was in operation~~	31863
~~immediately prior to October 9, 1980, may continue to operate~~	31864
~~after that date if it does all of the following:~~	31865

~~(a) Complies with performance standards adopted by the~~	31866
~~director pursuant to division (D) of section 3734.12 of the~~	31867
~~Revised Code;~~	31868

~~(b) Submits a completed application for a hazardous waste~~	31869
~~installation and operation permit under division (C) of this~~	31870
~~section within six months after October 9, 1980;~~	31871

~~(c) Obtains the permit under division (D) of this section~~	31872
~~within twelve months after October 9, 1980.~~	31873

~~(3)~~ No political subdivision of this state shall require any	31874
additional zoning or other approval, consent, permit, certificate,	31875
or condition for the construction or operation of a hazardous	31876
waste facility authorized by a hazardous waste facility	31877
installation and operation permit issued pursuant to this chapter,	31878
nor shall any political subdivision adopt or enforce any law,	31879
ordinance, or rule that in any way alters, impairs, or limits the	31880
authority granted in the permit.	31881

~~(4) After the issuance of a hazardous waste facility~~	31882
~~installation and operation permit by the board, each hazardous~~	31883
~~waste facility shall be subject to the rules and supervision of~~	31884
~~the director during the period of its operation, closure, and~~	31885
~~post-closure care, if applicable.~~	31886

(F) ~~Upon approval of the board in accordance with divisions~~	31887
~~(D) and (E) of this section, the board~~The director may issue a	31888
single hazardous waste facility installation and operation permit	31889
to a person who operates two or more adjoining facilities where	31890
hazardous waste is stored, treated, or disposed of if the	31891
application includes detail plans, specifications, and information	31892
on all facilities. For the purposes of this section, "adjoining"	31893
means sharing a common boundary, separated only by a public road,	31894
or in such proximity that the director determines that the	31895
issuance of a single permit will not create a hazard to the public	31896
health or safety or the environment.	31897

(G) No person shall falsify or fail to keep or submit any	31898
plans, specifications, data, reports, records, manifests, or other	31899
information required to be kept or submitted to the director ~~or to~~	31900
~~the hazardous waste facility board~~ by this chapter or the rules	31901
adopted under it.	31902

(H)(1) Each person who holds an installation and operation	31903
permit issued under this section and who wishes to obtain a permit	31904
renewal shall submit a completed application for an installation	31905
and operation permit renewal and any necessary accompanying	31906
general plans, detail plans, specifications, and such information	31907
as the director may require to the director no later than one	31908
hundred eighty days prior to the expiration date of the existing	31909
permit or upon a later date prior to the expiration of the	31910
existing permit if the permittee can demonstrate good cause for	31911
the late submittal. The director shall consider the application	31912
and accompanying information, inspection reports of the facility,	31913
results of performance tests, a report regarding the facility's	31914
compliance or noncompliance with the terms and conditions of its	31915
permit and rules adopted by the director under this chapter, and	31916
such other information as is relevant to the operation of the	31917
facility and shall issue a draft renewal permit or a notice of	31918
intent to deny the renewal permit. The director, in accordance	31919
with rules adopted under this section or with rules adopted to	31920
implement Chapter 3745. of the Revised Code, shall give public	31921
notice of the application and draft renewal permit or notice of	31922
intent to deny the renewal permit, provide for the opportunity for	31923
public comments within a specified time period, schedule a public	31924
meeting in the county in which the facility is located if	31925
significant interest is shown, and give public notice of the	31926
public meeting.	31927

(2) Within sixty days after the public meeting or close of	31928
the public comment period, the director, without prior hearing,	31929
shall issue or deny the renewal permit in accordance with Chapter	31930
3745. of the Revised Code. The director shall not issue a renewal	31931
permit unless the director determines that the facility under the	31932
existing permit has a history of compliance with this chapter,	31933
rules adopted under it, the existing permit, or orders entered to	31934
enforce such requirements that demonstrates sufficient	31935
reliability, expertise, and competency to operate the facility	31936
henceforth under this chapter, rules adopted under it, and the	31937
renewal permit. If the director approves an application for a	31938
renewal permit, the director shall issue the permit subject to the	31939
payment of the annual permit fee required under division (E) of	31940
section 3734.02 of the Revised Code and upon such terms and	31941
conditions as the director finds are reasonable to ensure that	31942
continued operation, maintenance, closure, and post-closure care	31943
of the hazardous waste facility are in accordance with the rules	31944
adopted under section 3734.12 of the Revised Code.	31945

(3) An installation and operation permit renewal application	31946
submitted to the director that also contains or would constitute	31947
an application for a modification shall be acted upon by the	31948
director in accordance with division (I) of this section in the	31949
same manner as an application for a modification. In approving or	31950
disapproving the renewal portion of a permit renewal application	31951
containing an application for a modification, the director shall	31952
apply the criteria established under division (H)(2) of this	31953
section.	31954

(4) An application for renewal or modification of a permit	31955
that does not contain an application for a modification as	31956
described in divisions (I)(3)(a) to (d) of this section shall not	31957
be subject to division (D)(2) of this section.	31958

(I)(1) As used in this section, "modification" means a change	31959
or alteration to a hazardous waste facility or its operations that	31960
is inconsistent with or not authorized by its existing permit or	31961
authorization to operate. Modifications shall be classified as	31962
Class 1, 2, or 3 modifications in accordance with rules adopted	31963
under division (K) of this section. Modifications classified as	31964
Class 3 modifications, in accordance with rules adopted under that	31965
division, shall be further classified by the director as either	31966
Class 3 modifications that are to be approved or disapproved by	31967
the ~~hazardous waste facility board as described in~~director under	31968
divisions (I)(3)(a) to (d) of this section or as Class 3	31969
modifications that are to be approved or disapproved by the	31970
director under division (I)(5) of this section. Not later than	31971
thirty days after receiving a request for a modification under	31972
division (I)(4) of this section that is not listed in Appendix I	31973
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	31974
section, the director shall classify the modification and shall	31975
notify the owner or operator of the facility requesting the	31976
modification of the classification. Notwithstanding any other law	31977
to the contrary, any modification that involves the transfer of a	31978
hazardous waste facility installation and operation permit to a	31979
new owner or operator shall be classified as a Class 3	31980
modification.	31981

(2) Except as provided in section 3734.123 of the Revised	31982
Code, a hazardous waste facility installation and operation permit	31983
may be modified at the request of the director or upon the written	31984
request of the permittee only if any of the following applies:	31985

(a) The permittee desires to accomplish alterations,	31986
additions, or deletions to the permitted facility or to undertake	31987
alterations, additions, deletions, or activities that are	31988
inconsistent with or not authorized by the existing permit;	31989

(b) New information or data justify permit conditions in	31990
addition to or different from those in the existing permit;	31991

(c) The standards, criteria, or rules upon which the existing	31992
permit is based have been changed by new, amended, or rescinded	31993
standards, criteria, or rules, or by judicial decision after the	31994
existing permit was issued, and the change justifies permit	31995
conditions in addition to or different from those in the existing	31996
permit;	31997

(d) The permittee proposes to transfer the permit to another	31998
person.	31999

(3) The director ~~has jurisdiction to~~shall approve or	32000
disapprove ~~applications~~an application for ~~Class 1 modifications,~~	32001
~~Class 2 modifications, and Class 3 modifications not otherwise~~	32002
~~described in divisions (I)(3)(a) to (d) of this section. The~~	32003
~~hazardous waste facility board has jurisdiction to approve or~~	32004
~~disapprove applications for any~~a modification in accordance with	32005
division (D)(2) of this section and rules adopted under division	32006
(K) of this section for all of the following categories of Class 3	32007
modifications:	32008

(a) Authority to conduct treatment, storage, or disposal at a	32009
site, location, or tract of land that has not been authorized for	32010
the proposed category of treatment, storage, or disposal activity	32011
by the facility's permit;	32012

(b) Modification or addition of a hazardous waste management	32013
unit, as defined in rules adopted under section 3734.12 of the	32014
Revised Code, that results in an increase in a facility's storage	32015
capacity of more than twenty-five per cent over the capacity	32016
authorized by the facility's permit, an increase in a facility's	32017
treatment rate of more than twenty-five per cent over the rate so	32018
authorized, or an increase in a facility's disposal capacity over	32019
the capacity so authorized. The authorized disposal capacity for a	32020
facility shall be calculated from the approved design plans for	32021
the disposal units at that facility. In no case during a five-year	32022
period shall a facility's storage capacity or treatment rate be	32023
modified to increase by more than twenty-five per cent in the	32024
aggregate without ~~board~~the director's approval in accordance with	32025
division (D)(2) of this section. Notwithstanding any provision of	32026
division (I) of this section to the contrary, a request for	32027
modification of a facility's annual total waste receipt limit	32028
shall be classified and approved or disapproved by the director	32029
under division (I)(5) of this section.	32030

(c) Authority to add any of the following categories of	32031
regulated activities not previously authorized at a facility by	32032
the facility's permit: storage at a facility not previously	32033
authorized to store hazardous waste, treatment at a facility not	32034
previously authorized to treat hazardous waste, or disposal at a	32035
facility not previously authorized to dispose of hazardous waste;	32036
or authority to add a category of hazardous waste management unit	32037
not previously authorized at the facility by the facility's	32038
permit. Notwithstanding any provision of division (I) of this	32039
section to the contrary, a request for authority to add or to	32040
modify an activity or a hazardous waste management unit for the	32041
purposes of performing a corrective action shall be classified and	32042
approved or disapproved by the director under division (I)(5) of	32043
this section.	32044

(d) Authority to treat, store, or dispose of waste types	32045
listed or characterized as reactive or explosive, in rules adopted	32046
under section 3734.12 of the Revised Code, or any acute hazardous	32047
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	32048
previously authorized to treat, store, or dispose of those types	32049
of wastes by the facility's permit unless the requested authority	32050
is limited to wastes that no longer exhibit characteristics	32051
meeting the criteria for listing or characterization as reactive	32052
or explosive wastes, or for listing as acute hazardous waste, but	32053
still are required to carry those waste codes as established in	32054
rules adopted under section 3734.12 of the Revised Code because of	32055
the requirements established in 40 C.F.R. 261(a) and (e), as	32056
amended, that is, the "mixture,""derived-from," or "contained-in"	32057
regulations.	32058

(4) A written request for a modification from the permittee	32059
shall be submitted to the director and shall contain such	32060
information as is necessary to support the request. ~~The director~~	32061
~~shall transmit to the board requests for Class 3 modifications~~	32062
~~described in divisions (I)(3)(a) to (d) of this section within two~~	32063
~~hundred forty days after receiving the requests.~~ Requests for	32064
modifications shall be acted upon by the director ~~or the board, as~~	32065
~~appropriate,~~ in accordance with this section and rules adopted	32066
under it.	32067

(5) Class 1 modification applications that require prior	32068
approval of the director, as determined in accordance with rules	32069
adopted under division (K) of this section, Class 2 modification	32070
applications, and Class 3 modification applications that are not	32071
described in divisions (I)(3)(a) to (d) of this section shall be	32072
approved or disapproved by the director in accordance with rules	32073
adopted under division (K) of this section. The board of county	32074
commissioners of the county, the board of township trustees of the	32075
township, and the city manager or mayor of the municipal	32076
corporation in which a hazardous waste facility is located shall	32077
receive notification of any application for a modification for	32078
that facility and shall be considered as interested persons with	32079
respect to the director's consideration of the application.	32080

For those modification applications for a transfer of a	32081
permit to a new owner or operator of a facility, the director also	32082
shall determine that, if the transferee owner or operator has been	32083
involved in any prior activity involving the transportation,	32084
treatment, storage, or disposal of hazardous waste, the transferee	32085
owner or operator has a history of compliance with this chapter	32086
and Chapters 3704. and 6111. of the Revised Code and all rules and	32087
standards adopted under them, the "Resource Conservation and	32088
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	32089
amended, and all regulations adopted under it, and similar laws	32090
and rules of another state if the transferee owner or operator	32091
owns or operates a facility in that state, that demonstrates	32092
sufficient reliability, expertise, and competency to operate a	32093
hazardous waste facility under this chapter and Chapters 3704. and	32094
6111. of the Revised Code, all rules and standards adopted under	32095
them, and terms and conditions of a hazardous waste facility	32096
installation and operation permit, given the potential for harm to	32097
the public health and safety and the environment that could result	32098
from the irresponsible operation of the facility. A permit may be	32099
transferred to a new owner or operator only pursuant to a Class 3	32100
permit modification.	32101

As used in division (I)(5) of this section:

32102

(a) "Owner" means the person who owns a majority or	32103
controlling interest in a facility.	32104

(b) "Operator" means the person who is responsible for the	32105
overall operation of a facility.	32106

The director shall approve or disapprove an application for a	32107
Class 1 modification that requires the director's approval within	32108
sixty days after receiving the request for modification. The	32109
director shall approve or disapprove an application for a Class 2	32110
modification within three hundred days after receiving the request	32111
for modification. The director shall approve or disapprove an	32112
application for a Class 3 modification ~~that is not described in~~	32113
~~divisions (I)(3)(a) to (d) of this section~~ within three hundred	32114
sixty-five days after receiving the request for modification.	32115

(6) The approval or disapproval by the director of a Class 1	32116
modification application is not a final action that is appealable	32117
under Chapter 3745. of the Revised Code. The approval or	32118
disapproval by the director of a Class 2 modification or a Class 3	32119
modification ~~that is not described in divisions (I)(3)(a) to (d)~~	32120
~~of this section~~ is a final action that is appealable under that	32121
chapter. In approving or disapproving a request for a	32122
modification, the director shall consider all comments pertaining	32123
to the request that are received during the public comment period	32124
and the public meetings. The administrative record for appeal of a	32125
final action by the director in approving or disapproving a	32126
request for a modification shall include all comments received	32127
during the public comment period relating to the request for	32128
modification, written materials submitted at the public meetings	32129
relating to the request, and any other documents related to the	32130
director's action.	32131

(7) ~~The hazardous waste facility board shall approve or~~	32132
~~disapprove an application for a Class 3 modification transmitted~~	32133
~~to it under division (I)(4) of this section, or that portion of a~~	32134
~~permit renewal application that constitutes a Class 3 modification~~	32135
~~application so transmitted, of a hazardous waste facility~~	32136
~~installation and operation permit in accordance with division (D)~~	32137
~~of this section. No other request for a modification shall be~~	32138
~~subject to division (D)(6) of this section. No aspect of a~~	32139
~~permitted facility or its operations that is not being modified as~~	32140
~~described in division (I)(3)(a), (b), (c), or (d) of this section~~	32141
~~shall be subject to review by the board under division (D) of this~~	32142
~~section.~~	32143

~~(8)~~ Notwithstanding any other provision of law to the	32144
contrary, a change or alteration to a hazardous waste facility	32145
described in division (E)(3)(a) or (b) of section 3734.02 of the	32146
Revised Code, or its operations, is a modification for the	32147
purposes of this section. An application for a modification at	32148
such a facility shall be submitted, classified, and approved or	32149
disapproved in accordance with divisions (I)(1) to ~~(7)~~(6) of this	32150
section in the same manner as a modification to a hazardous waste	32151
facility installation and operation permit.	32152

(J)(1) Except as provided in division (J)(2) of this section,	32153
an owner or operator of a hazardous waste facility that is	32154
operating in accordance with a permit by rule under rules adopted	32155
by the director under division (E)(3)(b) of section 3734.02 of the	32156
Revised Code shall submit either a hazardous waste facility	32157
installation and operation permit application for the facility or	32158
a modification application, whichever is required under division	32159
(J)(1)(a) or (b) of this section, within one hundred eighty days	32160
after the director has requested the application or upon a later	32161
date if the owner or operator demonstrates to the director good	32162
cause for the late submittal.	32163

(a) If the owner or operator does not have a hazardous waste	32164
facility installation and operation permit for any hazardous waste	32165
treatment, storage, or disposal activities at the facility, the	32166
owner or operator shall submit an application for such a permit to	32167
the director for the activities authorized by the permit by rule.	32168
Notwithstanding any other provision of law to the contrary, the	32169
director shall approve or disapprove the application for the	32170
permit in accordance with the procedures governing the approval or	32171
disapproval of permit renewals under division (H) of this section.	32172

(b) If the owner or operator has a hazardous waste facility	32173
installation and operation permit for hazardous waste treatment,	32174
storage, or disposal activities at the facility other than those	32175
authorized by the permit by rule, the owner or operator shall	32176
submit to the director a request for modification in accordance	32177
with division (I) of this section. Notwithstanding any other	32178
provision of law to the contrary, the director shall approve or	32179
disapprove the modification application in accordance with ~~rules~~	32180
~~adopted under~~ division ~~(K)~~(I)(5) of this section.	32181

(2) The owner or operator of a boiler or industrial furnace	32182
that is conducting thermal treatment activities in accordance with	32183
a permit by rule under rules adopted by the director under	32184
division (E)(3)(b) of section 3734.02 of the Revised Code shall	32185
submit a hazardous waste facility installation and operation	32186
permit application if the owner or operator does not have such a	32187
permit for any hazardous waste treatment, storage, or disposal	32188
activities at the facility or, if the owner or operator has such a	32189
permit for hazardous waste treatment, storage, or disposal	32190
activities at the facility other than thermal treatment activities	32191
authorized by the permit by rule, a modification application to	32192
add those activities authorized by the permit by rule, whichever	32193
is applicable, within one hundred eighty days after the director	32194
has requested the submission of the application or upon a later	32195
date if the owner or operator demonstrates to the director good	32196
cause for the late submittal. The application shall be accompanied	32197
by information necessary to support the request. The ~~hazardous~~	32198
~~waste facility board~~director shall approve or disapprove ~~the~~an	32199
application for a hazardous waste facility installation and	32200
operation permit in accordance with division (D) of this section	32201
and approve or disapprove an application for a modification in	32202
accordance with division (I)(3) of this section, except that the	32203
~~board~~director shall not disapprove an application for the thermal	32204
treatment activities on the basis of the criteria set forth in	32205
division (D)~~(6)~~(2)(g) or (h) of this section.	32206

(3) As used in division (J) of this section:

32207

(a) "Modification application" means a request for a	32208
modification submitted in accordance with division (I) of this	32209
section.	32210

(b) "Thermal treatment,""boiler," and "industrial furnace"	32211
have the same meanings as in rules adopted under section 3734.12	32212
of the Revised Code.	32213

(K) The director shall adopt, and may amend, suspend, or	32214
rescind, rules in accordance with Chapter 119. of the Revised Code	32215
in order to implement divisions (H) and (I) of this section.	32216
Except when in actual conflict with this section, rules governing	32217
the classification of and procedures for the modification of	32218
hazardous waste facility installation and operation permits shall	32219
be substantively and procedurally identical to the regulations	32220
governing hazardous waste facility permitting and permit	32221
modifications adopted under the "Resource Conservation and	32222
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	32223
amended.	32224

Sec. 3734.12. The director of environmental protection shall	32225
adopt and may amend, suspend, and rescind rules in accordance with	32226
Chapter 119. of the Revised Code, which shall be consistent with	32227
and equivalent to the regulations adopted under the "Resource	32228
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	32229
6921, as amended, except for rules adopted under divisions (D) and	32230
(F) of this section governing solid waste facilities and except as	32231
otherwise provided in this chapter, doing all of the following:	32232

(A) Adopting the criteria and procedures established under	32233
the "Resource Conservation and Recovery Act of 1976," 90 Stat.	32234
2806, 42 U.S.C.A. 6921, as amended, for identifying hazardous	32235
waste. The director shall prepare, revise when appropriate, and	32236
publish a list of substances or categories of substances	32237
identified to be hazardous using the criteria specified in 40	32238
C.F.R. 261, as amended, which shall be composed of at least those	32239
substances identified as hazardous pursuant to section 3001(B) of	32240
that act. The director shall not list any waste that the	32241
administrator of the United States environmental protection agency	32242
delisted or excluded by an amendment to the federal regulations,	32243
any waste that the administrator declined to list by publishing a	32244
denial of a rulemaking petition or by withdrawal of a proposed	32245
listing in the United States federal register after May 18, 1980,	32246
or any waste oil or polychlorinated biphenyl not listed by the	32247
administrator.	32248

(B) Establishing standards for generators of hazardous waste	32249
necessary to protect human health or safety or the environment in	32250
accordance with this chapter, including, but not limited to,	32251
requirements respecting all of the following:	32252

(1) Record-keeping practices that accurately identify the	32253
quantities of hazardous waste generated, the constituents that are	32254
significant in quantity or in potential harm to human health or	32255
safety or the environment, and the disposition of the waste;	32256

(2) Labeling of containers used for storage, transportation,	32257
or disposal of hazardous waste to identify the waste accurately;	32258

(3) Use of appropriate containers for hazardous waste;

32259

(4) Providing information on the general chemical composition	32260
of hazardous waste to persons transporting, treating, storing, or	32261
disposing of the waste;	32262

(5) A manifest system requiring a manifest consistent with	32263
that prescribed under the "Resource Conservation and Recovery Act	32264
of 1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as amended, requiring a	32265
manifest for any hazardous waste transported off the premises	32266
where generated and assuring that all hazardous waste that is	32267
transported off the premises where generated is designated for	32268
treatment, storage, or disposal in facilities for which a permit	32269
has been issued or in the other facilities specified in division	32270
(F) of section 3734.02 of the Revised Code;	32271

(6) Submission of such reports to the director as the	32272
director determines necessary;	32273

(7) Establishment of quality control and testing procedures	32274
that ensure compliance with the rules adopted under this section;	32275

(8) Obtainment of a United States environmental protection	32276
agency identification number.	32277

(C) Establishing standards for transporters of hazardous	32278
waste necessary to protect human health or safety or the	32279
environment in accordance with this chapter, including, but not	32280
limited to, requirements respecting all of the following:	32281

(1) Record-keeping concerning hazardous waste transported,	32282
including source and delivery points;	32283

(2) Submission of such reports to the director as the	32284
director determines necessary;	32285

(3) Transportation of only properly labeled waste;

32286

(4) Compliance with the manifest system required by division	32287
(B) of this section;	32288

(5) Transportation of hazardous waste only to the treatment,	32289
storage, or disposal facility that the shipper designates on the	32290
manifest to be a facility holding a permit or another facility	32291
specified in division (F) of section 3734.02 of the Revised Code;	32292

(6) Contingency plans to minimize unanticipated damage from	32293
transportation of hazardous waste;	32294

(7) Financial responsibility, including, but not limited to,	32295
provisions requiring a financial mechanism to cover the costs of	32296
spill cleanup and liability for sudden accidental occurrences that	32297
result in damage to persons, property, or the environment;	32298

(8) Obtainment of a United States environmental protection	32299
agency identification number.	32300

In the case of any hazardous waste that is subject to the	32301
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49	32302
U.S.C.A. 1801, as amended, the rules shall be consistent with that	32303
act and regulations adopted under it.	32304

(D) Establishing performance standards for owners and	32305
operators of hazardous waste facilities and owners and operators	32306
of solid waste facilities, necessary to protect human health or	32307
safety or the environment in accordance with this chapter,	32308
including, but not limited to, requirements respecting all of the	32309
following:	32310

(1) Maintaining records of all hazardous waste that is	32311
treated, stored, or disposed of and of the manner in which the	32312
waste was treated, stored, or disposed of or records of all solid	32313
wastes transferred or disposed of and of the manner in which the	32314
wastes were disposed of;	32315

(2) Submission of such reports to the director as the	32316
director determines necessary;	32317

(3) Reporting, monitoring, inspection, and, except with	32318
respect to solid waste facilities, compliance with the manifest	32319
system referred to in division (B) of this section;	32320

(4) Treatment, storage, or disposal of all hazardous waste	32321
received by methods, techniques, and practices approved by the	32322
director and disposal or transfer of all solid wastes received by	32323
methods, techniques, and practices approved by the director;	32324

(5) Location, design, and construction of hazardous waste	32325
facilities and location, design, and construction of solid waste	32326
facilities;	32327

(6) Contingency plans for effective action to minimize	32328
unanticipated damage from treatment, storage, or disposal of	32329
hazardous waste and the disposal or transfer of solid wastes;	32330

(7) Ownership, continuity of operation, training for	32331
personnel, and financial responsibility, including the filing of	32332
closure and post-closure financial assurance, if applicable. No	32333
private entity shall be precluded by reason of these requirements	32334
from the ownership or operation of facilities providing hazardous	32335
waste treatment, storage, or disposal services if the entity can	32336
provide assurances of financial responsibility and continuity of	32337
operation consistent with the degree and duration of risks	32338
associated with the treatment, storage, or disposal of specified	32339
hazardous waste.	32340

(8) Closure and post-closure care of a hazardous waste	32341
facility where hazardous waste will no longer be treated, stored,	32342
or disposed of and of a solid waste facility where solid wastes	32343
will no longer be disposed of or transferred;	32344

(9) Establishment of quality control and testing procedures	32345
that ensure compliance with the rules adopted under this section;	32346

(10) Obtainment of a United States environmental protection	32347
agency identification number for each hazardous waste treatment,	32348
storage, or disposal facility;	32349

(11) Trial burns and land treatment demonstrations.

32350

The rules adopted under divisions (D) and (F) of this section	32351
pertaining to solid waste facilities do not apply to scrap tire	32352
collection, storage, monocell, monofill, and recovery facilities.	32353
Those facilities are subject to and governed by rules adopted	32354
under sections 3734.70 to 3734.73 of the Revised Code, as	32355
applicable.	32356

(E) Governing the issuance, modification, revocation,	32357
suspension, withdrawal, and denial of installation and operation	32358
permits, draft permits, and transportation certificates of	32359
registration;	32360

(F) Specifying information required to be included in	32361
applications for hazardous waste facility installation and	32362
operation permits and solid waste permits, including, but not	32363
limited to, detail plans, specifications, and information	32364
respecting all of the following:	32365

(1) The composition, quantities, and concentrations of	32366
hazardous waste and solid wastes to be stored, treated,	32367
transported, or disposed of and such other information as the	32368
director may require regarding the method of operation;	32369

(2) The facility to which the waste will be transported or	32370
where it will be stored, treated, or disposed of;	32371

(3) The closure and post-closure care of a facility where	32372
hazardous waste will no longer be treated, stored, or disposed of	32373
and of a solid waste facility where solid wastes will no longer be	32374
disposed of or transferred.	32375

(G) Establishing procedures ensuring that all information	32376
entitled to protection as trade secrets disclosed to the director	32377
or the director's authorized representative is not disclosed	32378
without the consent of the owner, except that such information may	32379
be disclosed, upon request, to authorized representatives of the	32380
United States environmental protection agency, or as required by	32381
law. As used in this section, "trade secrets" means any formula,	32382
plan, pattern, process, tool, mechanism, compound, procedure,	32383
production date, or compilation of information that is not	32384
patented, that is known only to certain individuals within a	32385
commercial concern who are using it to fabricate, produce, or	32386
compound an article, trade, or service having commercial value,	32387
and that gives its user an opportunity to obtain a business	32388
advantage over competitors who do not know or use it.	32389

(H) Prohibiting the disposal of specified hazardous wastes in	32390
this state if the director has determined both of the following:	32391

(1) The potential impacts on human health or safety or the	32392
environment are such that disposal of those wastes should not be	32393
allowed;.	32394

(2) A technically feasible and environmentally sound	32395
alternative is reasonably available, either within or outside this	32396
state, for processing, recycling, fixation of, neutralization of,	32397
or other treatment of those wastes. Such reasonable availability	32398
shall not be determined without a consideration of the costs to	32399
the generator of implementing the alternatives.	32400

The director shall adopt, and may amend, suspend, or rescind,	32401
rules to specify hazardous wastes that shall not be disposed of in	32402
accordance with this division. Nothing in this division, either	32403
prior to or after adoption of those rules, shall preclude the	32404
director ~~or the hazardous waste facility board created in section~~	32405
~~3734.05 of the Revised Code~~ from prohibiting the disposal of	32406
specified hazardous wastes at particular facilities under the	32407
terms or conditions of a permit or ~~preclude the director from~~	32408
~~prohibiting that disposal~~ by order.	32409

(I)(1)(a) Governing the following that may be more stringent	32410
than the regulations adopted under the "Resource Conservation and	32411
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	32412
amended, when the director determines that such more stringent	32413
rules are reasonable in order to protect human health or safety or	32414
the environment:	32415

(i) Specific wastes that the director determines, because of	32416
their physical, chemical, or biological characteristics, are so	32417
extremely hazardous that the storage, treatment, or disposal of	32418
the wastes in compliance with those regulations would present an	32419
imminent danger to human health or safety or the environment;	32420

(ii) The use of only properly designed, operated, and	32421
approved transfer facilities;	32422

(iii) Preventing illegitimate activities relating to the	32423
reuse, recycling, or reclaiming of hazardous waste, including	32424
record-keeping, reporting, and manifest requirements.	32425

(b) In adopting such more stringent rules, the director shall	32426
give consideration to and base the rules on evidence concerning	32427
factors including, but not limited to, the following insofar as	32428
pertinent:	32429

(i) Geography of the state;

32430

(ii) Geology of the state;

32431

(iii) Hydrogeology of the state;

32432

(iv) Climate of the state;

32433

(v) Engineering and technical feasibility;

32434

(vi) Availability of alternative technologies or methods of	32435
storage, treatment, or disposal.	32436

(2) The director may require from generators and transporters	32437
of hazardous waste and from owners or operators of treatment,	32438
storage, or disposal facilities, the submission of reports in	32439
addition to those required under regulations adopted under the	32440
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806,	32441
42 U.S.C.A. 6921, as amended, to the extent that such reports	32442
contain information that the generator, transporter, or facility	32443
owner or operator is required to obtain in order to comply with	32444
the regulations adopted by the administrator of the United States	32445
environmental protection agency under the "Resource Conservation	32446
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	32447
amended, or to the extent that such reports are required by the	32448
director to meet the requirements of division (B)(7), (D)(9), or	32449
(H) of this section or section 3734.121 of the Revised Code.	32450

(J) Governing the storage, treatment, or disposal of	32451
hazardous waste in, and the permitting, design, construction,	32452
operation, monitoring, inspection, closure, and post-closure care	32453
of, hazardous waste underground injection wells, surface	32454
impoundments, waste piles other than those composed of materials	32455
removed from the ground as part of coal or mineral extraction or	32456
cleaning processes, land treatment facilities, thermal treatment	32457
facilities, and landfills that may be more stringent than the	32458
regulations adopted under the "Resource Conservation and Recovery	32459
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended,	32460
whenever the director reasonably determines that federal	32461
regulations will not adequately protect the public health or	32462
safety or the environment of this state with respect to the	32463
subject matter of the more stringent rules. Such more stringent	32464
rules shall be developed to achieve a degree of protection, as	32465
determined by the director, consistent with the degree of hazard	32466
potentially posed by the various wastes or categories of wastes to	32467
be treated, stored, or disposed of and the types of facilities at	32468
which they are to be treated, stored, or disposed of. In adopting	32469
such more stringent rules, the director shall give consideration	32470
to and base the rules on evidence concerning factors including,	32471
but not limited to, the following insofar as pertinent:	32472

(1) Geography of the state;

32473

(2) Geology of the state;

32474

(3) Hydrogeology of the state;

32475

(4) Climate of the state;

32476

(5) Engineering and technical feasibility;

32477

(6) Availability of alternative technologies or methods of	32478
storage, treatment, or disposal.	32479

(K) Establishing performance standards and other requirements	32480
necessary to protect public health and the environment from	32481
hazards associated with used oil, including, without limitation,	32482
standards and requirements respecting all of the following:	32483

(1) Material that is subject to regulation as used oil;

32484

(2) Generation of used oil;

32485

(3) Used oil collection centers and aggregation points;

32486

(4) Transportation of used oil;

32487

(5) Processing and re-refining of used oil;

32488

(6) Burning of used oil;

32489

(7) Marketing of used oil;

32490

(8) Disposal of used oil;

32491

(9) Use of used oil as a dust suppressant.

32492

Sec. 3734.123. (A) As used in this section and section	32493
3734.124 of the Revised Code, "commercial hazardous waste	32494
incinerator" means an enclosed device that treats hazardous waste	32495
by means of controlled flame combustion and that accepts for	32496
treatment hazardous waste that is generated off the premises on	32497
which the device is located by any person other than the one who	32498
owns or operates the device or one who controls, is controlled by,	32499
or is under common control with the person who owns or operates	32500
the device. "Commercial hazardous waste incinerator" does not	32501
include any "boiler" or "industrial furnace" as those terms are	32502
defined in rules adopted under section 3734.12 of the Revised	32503
Code.	32504

(B) Not sooner than three years after April 15, 1993, and	32505
triennially thereafter, the director of environmental protection	32506
shall prepare, publish, and issue as a final action an assessment	32507
of commercial hazardous waste incinerator capacity in this state.	32508
However, after the issuance as a final action of a determination	32509
under division (A) of section 3734.124 of the Revised Code that	32510
terminates the restrictions established in division (C) of this	32511
section, the director shall cease preparing, publishing, and	32512
issuing the periodic assessments required under this division. The	32513
assessment shall determine the amount of commercial hazardous	32514
waste incinerator capacity needed to manage the hazardous waste	32515
expected to be generated in this state and imported into this	32516
state for incineration at commercial hazardous waste incinerators	32517
during the next succeeding twenty calendar years. The assessment	32518
shall include at least all of the following:	32519

(1) A determination of the aggregate treatment capacity	32520
authorized at commercial hazardous waste incinerators located in	32521
this state;	32522

(2) A determination of the quantity of hazardous waste	32523
generated in this state that is being treated at commercial	32524
hazardous waste incinerators located in this state and projections	32525
of the quantity of hazardous waste generated in this state that	32526
will be treated at those facilities;	32527

(3) A determination of the quantity of hazardous waste	32528
generated outside this state that is being treated at commercial	32529
hazardous waste incinerators located in this state and projections	32530
of the quantity of hazardous waste generated outside this state	32531
that will be treated at those facilities;	32532

(4) A determination of the quantity of hazardous waste	32533
generated in this state that is being treated at commercial	32534
hazardous waste incinerators located outside this state, and	32535
projections of the quantity of hazardous waste generated in this	32536
state that will be treated at those facilities;	32537

(5) The amount of commercial hazardous waste incinerator	32538
capacity that the director reasonably anticipates will be needed	32539
during the first three years of the planning period to treat	32540
hazardous waste generated from the remediation of sites in this	32541
state that are on the national priority list required under the	32542
"Comprehensive Environmental Response, Compensation, and Liability	32543
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended; as a	32544
result of corrective actions implemented under the "Resource	32545
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	32546
6921, as amended; and as a result of clean-up activities conducted	32547
at sites listed on the master sites list prepared by the	32548
environmental protection agency;	32549

(6) Based upon available data, provided that the data are	32550
reliable and are compatible with the data base of the	32551
environmental protection agency, an identification of any	32552
hazardous waste first listed as a hazardous waste in regulations	32553
adopted under the "Resource Conservation and Recovery Act of	32554
1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, on or after	32555
April 15, 1993, and of any hazardous waste that has been proposed	32556
for such listing by publication of a notice in the federal	32557
register on or before December 1 of the year immediately preceding	32558
the triennial assessment;	32559

(7) An analysis of other factors that may result in capacity	32560
changes over the period addressed by the assessment.	32561

(C) Except as otherwise provided in section 3734.124 of the	32562
Revised Code, none of the following shall occur on or after April	32563
15, 1993:	32564

(1) The director shall not do any of the following:

32565

(a) ~~Pursuant to division (D)(3) or (I)(4) of section 3734.05~~	32566
~~of the Revised Code, as applicable, transmit to the hazardous~~	32567
~~waste facility board created in that section any application for a~~	32568
Issue any hazardous waste facility installation and operation	32569
permit under division (D) of section 3734.05 of the Revised Code	32570
for the establishment of a new commercial hazardous waste	32571
incinerator, or ~~any request for a modification, as described in~~	32572
~~divisions (I)(3)(a) to (d) of section 3734.05 of the Revised Code,~~	32573
~~of an existing commercial hazardous waste incinerator to increase~~	32574
~~either the treatment capacity of the incinerator or the quantity~~	32575
~~of hazardous waste authorized to be treated by it, for which the~~	32576
~~staff of the environmental protection agency has made a~~	32577
~~preliminary determination as to whether the application or request~~	32578
~~appears to comply with the rules and standards set forth under~~	32579
~~divisions (D), (I), and (J) of section 3734.12 of the Revised~~	32580
~~Code;~~	32581

~~(b) Issue~~issue any modified hazardous waste facility	32582
installation and operation permit under division (I)~~(5)~~ of that	32583
section ~~3734.05 of the Revised Code~~ that would authorize an	32584
increase in either the treatment capacity of a commercial	32585
hazardous waste incinerator or the quantity of hazardous waste	32586
authorized to be treated by it;	32587

~~(c)~~(b) Issue any permit pursuant to rules adopted under	32588
division (F) of section 3704.03 of the Revised Code, division (J)	32589
of section 6111.03 of the Revised Code, or the solid waste	32590
provisions of this chapter and rules adopted under those	32591
provisions, that is necessary for the establishment, modification,	32592
or operation of any appurtenant facility or equipment that is	32593
necessary for the operation of a new commercial hazardous waste	32594
incinerator, or the modification of such an existing incinerator	32595
to increase either the treatment capacity of the incinerator or	32596
the quantity of hazardous waste that is authorized to be treated	32597
by it. Upon determining that an application for any permit	32598
pertains to the establishment, modification, or operation of any	32599
appurtenant facility or equipment, the director shall cease	32600
reviewing the application and return the application and	32601
accompanying materials to the applicant along with a written	32602
notice that division (C)(1)~~(c)~~(b) of this section precludes the	32603
director from reviewing and acting upon the application.	32604

~~(d)~~(c) Issue any exemption order under division (G) of	32605
section 3734.02 of the Revised Code exempting the establishment of	32606
a new commercial hazardous waste incinerator; the modification of	32607
an existing facility to increase either the treatment capacity of	32608
the incinerator or the quantity of hazardous waste that is	32609
authorized to be treated by it; or the establishment,	32610
modification, or operation of any facility or equipment	32611
appurtenant to a new or modified commercial hazardous waste	32612
incinerator, from divisions (C)(1)(a),or (b)~~, or (c)~~ or (C)(2) or	32613
~~(3)~~ of this section.	32614

(2) ~~The staff of the environmental protection agency shall~~	32615
~~not take any action under division (D)(3) of section 3734.05 of~~	32616
~~the Revised Code to review, or to make a preliminary determination~~	32617
~~of compliance with the rules and standards set forth in divisions~~	32618
~~(D), (I), and (J) of section 3734.12 of the Revised Code~~	32619
~~regarding, any~~If the director determines that an application for	32620
a hazardous waste facility installation and operation permit	32621
submitted under division (D)~~(3)~~ of section 3734.05 of the Revised	32622
Code ~~that~~ pertains to the establishment of a new commercial	32623
hazardous waste incinerator, or ~~any~~a request for a modification	32624
of an existing incinerator submitted under division (I)~~(4)~~ of that	32625
section ~~to modify an existing incinerator~~pertains to an increase	32626
of either the treatment capacity of the incinerator or the	32627
quantity of hazardous waste that is authorized to be treated by	32628
it~~. Upon determining that an application or request submitted~~	32629
~~under those divisions pertains to the establishment of a new~~	32630
~~commercial hazardous waste incinerator or the modification of an~~	32631
~~existing incinerator~~, the ~~staff of the agency~~director shall cease	32632
reviewing the application or request and shall return it and the	32633
accompanying materials to the applicant along with a written	32634
notice that division (C)(2) of this section precludes the ~~staff~~	32635
~~from reviewing or making any preliminary determination of~~	32636
~~compliance regarding~~review of the application or request.	32637

~~(3) The hazardous waste facility board created in section~~	32638
~~3734.05 of the Revised Code shall not do either of the following:~~	32639

~~(a) Approve any application for a hazardous waste facility~~	32640
~~installation and operation permit, or issue any permit, under~~	32641
~~divisions (D) and (F) of section 3734.05 of the Revised Code that~~	32642
~~authorizes the establishment and operation of a new commercial~~	32643
~~hazardous waste incinerator;~~	32644

~~(b) Approve any request to modify an existing commercial~~	32645
~~hazardous waste incinerator under divisions (D) and (I)(7) of~~	32646
~~section 3734.05 of the Revised Code that authorizes an increase in~~	32647
~~either the treatment capacity of the incinerator or the quantity~~	32648
~~of hazardous waste authorized to be treated by it.~~	32649

Sec. 3734.124. (A) Promptly after issuing a periodic	32650
assessment under division (B) of section 3734.123 of the Revised	32651
Code, the director of environmental protection shall make a	32652
determination as to whether it is necessary or appropriate to	32653
continue the restrictions established in division (C) of section	32654
3734.123 of the Revised Code during the period of time between the	32655
issuance of the assessment and the issuance of the next succeeding	32656
periodic assessment or as to whether it is necessary or	32657
appropriate to terminate the restrictions. The director shall	32658
consider all of the following when making a determination under	32659
this division:	32660

(1) The findings of the assessment;

32661

(2) The findings of an evaluation conducted by the director,	32662
in consultation with the chairperson of the state emergency	32663
response commission created in section 3750.02 of the Revised	32664
Code, regarding the capability of this state to respond to the	32665
types and frequencies of releases of hazardous waste that are	32666
likely to occur at commercial hazardous waste incinerators;	32667

(3) The effect that a new commercial hazardous waste	32668
incinerator may have on ambient air quality in this state;	32669

(4) The findings of a review of relevant information	32670
regarding the impacts of commercial hazardous waste incinerators	32671
on human health and the environment, such as health studies and	32672
risk assessments;	32673

(5) The findings of a review of the operational records of	32674
commercial hazardous waste incinerators operating in this state;	32675

(6) The findings of any review of relevant information	32676
concerning the following:	32677

(a) The cost of and access to commercial hazardous waste	32678
incinerator capacity;	32679

(b) The length of time and the regulatory review process	32680
necessary to fully permit a commercial hazardous waste	32681
incinerator;	32682

(c) Access to long-term capital investment to fund the	32683
building of a commercial hazardous waste incinerator in this	32684
state;	32685

(d) Efforts by generators of hazardous waste accepted by	32686
commercial hazardous waste incinerators to reduce the amount of	32687
hazardous waste that they generate.	32688

(7) Regulatory and legislative concerns that may include,	32689
without limitation, the provisions of paragraphs (a) and (b) of 40	32690
C.F.R. 271.4, as they existed on April 15, 1993.	32691

If, after considering all of the information and concerns	32692
that the director is required to consider under divisions (A)(1)	32693
to (7) of this section, the director determines that it is	32694
necessary or appropriate to terminate the restrictions established	32695
in division (C) of section 3734.123 of the Revised Code in order	32696
to protect human health or safety or the environment, the director	32697
shall issue as a final action a written determination to that	32698
effect. If the director determines that it is necessary or	32699
appropriate for those purposes to continue the restrictions until	32700
the issuance of the next succeeding periodic assessment under	32701
division (B) of section 3734.123 of the Revised Code, the director	32702
shall issue as a final action a written determination to that	32703
effect. After the issuance as a final action of a determination	32704
under this division that it is necessary or appropriate to	32705
terminate the restrictions established in division (C) of section	32706
3734.123 of the Revised Code, the director shall cease making the	32707
periodic determinations required under this division.	32708

(B) Beginning three years after April 15, 1993, but only on	32709
and after the date of issuance as final actions of an assessment	32710
under division (B) of section 3734.123 of the Revised Code and a	32711
determination under division (A) of this section that it is	32712
necessary or appropriate to terminate the restrictions established	32713
in division (C) of section 3734.123 of the Revised Code, ~~any of~~	32714
~~the following may occur:~~	32715

~~(1) The~~the director may do any of the following:

32716

~~(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05~~	32717
~~of the Revised Code, as applicable, transmit to the hazardous~~	32718
~~waste facility board created in that section an application for a~~	32719
~~hazardous waste facility installation and operation permit that~~	32720
~~pertains to the establishment of a new commercial hazardous waste~~	32721
~~incinerator, or a request for a modification, as described in~~	32722
~~divisions (I)(3)(a) to (d) of section 3734.05 of the Revised Code,~~	32723
~~of a commercial hazardous waste incinerator to increase either the~~	32724
~~treatment capacity of the incinerator or the quantity of hazardous~~	32725
~~waste authorized to be treated by it, for which the staff of the~~	32726
~~environmental protection agency has made a preliminary~~	32727
~~determination as to whether the application or request appears to~~	32728
~~comply with the rules and standards set forth under divisions (D),~~	32729
~~(I), and (K) of section 3734.05 of the Revised Code;~~	32730

~~(b) To the extent otherwise authorized in division (I)(5) of~~	32731
~~section 3734.05 of the Revised Code, issue a modified hazardous~~	32732
~~waste facility installation and operation permit under that~~	32733
~~division that authorizes an increase in either the treatment~~	32734
~~capacity of a commercial hazardous waste incinerator or the~~	32735
~~quantity of hazardous waste authorized to be treated by it;~~	32736

~~(c)~~(1) To the extent otherwise authorized thereunder, issue	32737
any permit pursuant to rules adopted under division (F) of section	32738
3704.03 of the Revised Code, division (J) of section 6111.03 of	32739
the Revised Code, or the solid waste provisions of this chapter	32740
and rules adopted under those provisions, that is necessary for	32741
the establishment, modification, or operation of any appurtenant	32742
facility or equipment that is necessary for the operation of a new	32743
commercial hazardous waste incinerator, or for the modification of	32744
an existing incinerator to increase either the treatment capacity	32745
of the incinerator or the quantity of hazardous waste authorized	32746
to be treated by it;	32747

~~(d)~~(2) To the extent otherwise authorized in division (G) of	32748
section 3734.02 of the Revised Code, issue an order exempting the	32749
establishment of a new commercial hazardous waste incinerator; the	32750
modification of an existing incinerator to increase either the	32751
treatment capacity of the incinerator or the quantity of hazardous	32752
waste that is authorized to be treated by it; or the	32753
establishment, modification, or operation of any facility or	32754
equipment appurtenant to a new or modified commercial hazardous	32755
waste incinerator, from division (C)(1)(a),or (b)~~, or (c)~~ or	32756
(C)(2) ~~or (3)~~ of section 3734.123 of the Revised Code.	32757

~~(2) The staff of the environmental protection agency may do~~	32758
~~both of the following:~~	32759

~~(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05~~	32760
~~of the Revised Code, review an application for a hazardous waste~~	32761
~~facility installation and operation permit to establish a new~~	32762
~~commercial hazardous waste incinerator or a request to modify an~~	32763
~~existing incinerator to increase either the treatment capacity of~~	32764
~~the incinerator or the quantity of hazardous waste authorized to~~	32765
~~be treated by it~~;	32766

~~(b) Pursuant to division (D)(3) or (I)(4) of section 3734.05~~	32767
~~of the Revised Code, make a preliminary determination as to~~	32768
~~whether an application for a hazardous waste facility permit to~~	32769
~~install and operate a new commercial hazardous waste incinerator~~	32770
~~or a request to modify an existing incinerator to increase either~~	32771
~~the treatment capacity of the incinerator or the quantity of~~	32772
~~hazardous waste authorized to be treated by it appears to comply~~	32773
~~with the rules and performance standards set forth under divisions~~	32774
~~(D), (I), and (J) of section 3734.12 of the Revised Code.~~	32775

(3) ~~The hazardous waste facility board may do both of the~~	32776
~~following:~~	32777

~~(a)~~ Approve or disapprove an application for a hazardous	32778
waste facility installation and operation permit, and issue a	32779
permit, under ~~divisions~~division (D) ~~and (F)~~ of section 3734.05 of	32780
the Revised Code for a new commercial hazardous waste incinerator;	32781

~~(b) Under divisions (D) and (I)(7) of that section, approve~~	32782
(4) Approve or disapprove under division (I) of section 3734.05 of	32783
the Revised Code a request to modify the permit of an existing	32784
commercial hazardous waste incinerator to increase either the	32785
treatment capacity of the incinerator or the quantity of hazardous	32786
waste authorized to be treated by it.	32787

Sec. 3734.18. (A) There are hereby levied fees on the	32788
disposal of hazardous waste to be collected according to the	32789
following schedule at each disposal facility to which ~~the~~	32790
~~hazardous waste facility board has issued~~ a hazardous waste	32791
facility installation and operation permit or ~~the director of~~	32792
~~environmental protection has issued a~~ renewal of a permit ~~pursuant~~	32793
~~to section 3734.05 of the Revised Code~~has been issued under this	32794
chapter:	32795

(1) For disposal facilities that are off-site facilities as	32796
defined in division (E) of section 3734.02 of the Revised Code,	32797
fees shall be levied at the rate of four dollars and fifty cents	32798
per ton for hazardous waste disposed of by deep well injection and	32799
nine dollars per ton for hazardous waste disposed of by land	32800
application or landfilling. The owner or operator of the facility,	32801
as a trustee for the state, shall collect the fees and forward	32802
them to the director in accordance with rules adopted under this	32803
section.	32804

(2) For disposal facilities that are on-site or satellite	32805
facilities, as defined in division (E) of section 3734.02 of the	32806
Revised Code, fees shall be levied at the rate of two dollars per	32807
ton for hazardous waste disposed of by deep well injection and	32808
four dollars per ton for hazardous waste disposed of by land	32809
application or landfilling. The maximum annual disposal fee for an	32810
on-site disposal facility that disposes of one hundred thousand	32811
tons or less of hazardous waste in a year is twenty-five thousand	32812
dollars. The maximum annual disposal fee for an on-site facility	32813
that disposes of more than one hundred thousand tons of hazardous	32814
waste in a year by land application or landfilling is fifty	32815
thousand dollars, and the maximum annual fee for an on-site	32816
facility that disposes of more than one hundred thousand tons of	32817
hazardous waste in a year by deep well injection is one hundred	32818
thousand dollars. The maximum annual disposal fee for a satellite	32819
facility that disposes of one hundred thousand tons or less of	32820
hazardous waste in a year is thirty-seven thousand five hundred	32821
dollars, and the maximum annual disposal fee for a satellite	32822
facility that disposes of more than one hundred thousand tons of	32823
hazardous waste in a year is seventy-five thousand dollars, except	32824
that a satellite facility defined under division (E)(3)(b) of	32825
section 3734.02 of the Revised Code that receives hazardous waste	32826
from a single generation site is subject to the same maximum	32827
annual disposal fees as an on-site disposal facility. The owner or	32828
operator shall pay the fee to the director each year upon the	32829
anniversary of the date of issuance of the owner's or operator's	32830
installation and operation permit during the term of that permit	32831
and any renewal permit issued under division (H) of section	32832
3734.05 of the Revised Code. If payment is late, the owner or	32833
operator shall pay an additional ten per cent of the amount of the	32834
fee for each month that it is late.	32835

(B) There are hereby levied fees at the rate of two dollars	32836
per ton on hazardous waste that is treated at treatment facilities	32837
that are not on-site or satellite facilities, as defined in	32838
division (E) of section 3734.02 of the Revised Code, to which ~~the~~	32839
~~hazardous waste facility board has issued~~ a hazardous waste	32840
facility installation and operation permit or ~~the director~~renewal	32841
of a permit has been issued ~~a renewal permit~~under this chapter,	32842
or that are not subject to the hazardous waste facility	32843
installation and operation permit requirements under rules adopted	32844
by the director.	32845

(C) There are hereby levied additional fees on the treatment	32846
and disposal of hazardous waste at the rate of ten per cent of the	32847
applicable fees prescribed in division (A) or (B) of this section	32848
for the purposes of paying the costs of municipal corporations and	32849
counties for conducting reviews of applications for hazardous	32850
waste facility installation and operation permits for proposed new	32851
or modified hazardous waste landfills within their boundaries,	32852
emergency response actions with respect to releases of hazardous	32853
waste from hazardous waste facilities within their boundaries,	32854
monitoring the operation of such hazardous waste facilities, and	32855
local waste management planning programs. The owner or operator of	32856
a facility located within a municipal corporation, as a trustee	32857
for the municipal corporation, shall collect the fees levied by	32858
this division and forward them to the treasurer of the municipal	32859
corporation or such officer as, by virtue of the charter, has the	32860
duties of the treasurer in accordance with rules adopted under	32861
this section. The owner or operator of a facility located in an	32862
unincorporated area, as a trustee of the county in which the	32863
facility is located, shall collect the fees levied by this	32864
division and forward them to the county treasurer of that county	32865
in accordance with rules adopted under this section. The owner or	32866
operator shall pay the fees levied by this division to the	32867
treasurer or such other officer of the municipal corporation or to	32868
the county treasurer each year upon the anniversary of the date of	32869
issuance of the owner's or operator's installation and operation	32870
permit during the term of that permit and any renewal permit	32871
issued under division (H) of section 3734.05 of the Revised Code.	32872
If payment is late, the owner or operator shall pay an additional	32873
ten per cent of the amount of the fee for each month that the	32874
payment is late.	32875

Moneys received by a municipal corporation under this	32876
division shall be paid into a special fund of the municipal	32877
corporation and used exclusively for the purposes of conducting	32878
reviews of applications for hazardous waste facility installation	32879
and operation permits for new or modified hazardous waste	32880
landfills located or proposed within the municipal corporation,	32881
conducting emergency response actions with respect to releases of	32882
hazardous waste from facilities located within the municipal	32883
corporation, monitoring operation of such hazardous waste	32884
facilities, and conducting waste management planning programs	32885
within the municipal corporation through employees of the	32886
municipal corporation or pursuant to contracts entered into with	32887
persons or political subdivisions. Moneys received by a board of	32888
county commissioners under this division shall be paid into a	32889
special fund of the county and used exclusively for those purposes	32890
within the unincorporated area of the county through employees of	32891
the county or pursuant to contracts entered into with persons or	32892
political subdivisions.	32893

(D) As used in this section, "treatment" or "treated" does	32894
not include any method, technique, or process designed to recover	32895
energy or material resources from the waste or to render the waste	32896
amenable for recovery. The fees levied by division (B) of this	32897
section do not apply to hazardous waste that is treated and	32898
disposed of on the same premises or by the same person.	32899

(E) The director, by rules adopted in accordance with	32900
Chapters 119. and 3745. of the Revised Code, shall prescribe any	32901
dates not specified in this section and procedures for collecting	32902
and forwarding the fees prescribed by this section and may	32903
prescribe other requirements that are necessary to carry out this	32904
section.	32905

The director shall deposit the moneys collected under	32906
divisions (A) and (B) of this section into one or more minority	32907
banks, as "minority bank" is defined in division (F)(1) of section	32908
135.04 of the Revised Code, to the credit of the hazardous waste	32909
facility management fund, which is hereby created in the state	32910
treasury, except that the director shall deposit to the credit of	32911
the underground injection control fund created in section 6111.046	32912
of the Revised Code moneys in excess of fifty thousand dollars	32913
that are collected during a fiscal year under division (A)(2) of	32914
this section from the fee levied on the disposal of hazardous	32915
waste by deep well injection at an on-site disposal facility that	32916
disposes of more than one hundred thousand tons of hazardous waste	32917
in a year.	32918

The environmental protection agency ~~and the hazardous waste~~	32919
~~facility board~~ may use moneys in the hazardous waste facility	32920
management fund for administration of the hazardous waste program	32921
established under this chapter and, in accordance with this	32922
section, may request approval by the controlling board for that	32923
use on an annual basis. In addition, the agency may use and pledge	32924
moneys in that fund for repayment of and for interest on any loans	32925
made by the Ohio water development authority to the agency for the	32926
hazardous waste program established under this chapter without the	32927
necessity of requesting approval by the controlling board, which	32928
use and pledge shall have priority over any other use of the	32929
moneys in the fund.	32930

Until September 28, 1996, the director also may use moneys in	32931
the fund to pay the start-up costs of administering Chapter 3746.	32932
of the Revised Code.	32933

If moneys in the fund that the agency uses in accordance with	32934
this chapter are reimbursed by grants or other moneys from the	32935
United States government, the grants or other moneys shall be	32936
placed in the fund.	32937

Before the agency makes any expenditure from the fund other	32938
than for repayment of and interest on any loan made by the Ohio	32939
water development authority to the agency in accordance with this	32940
section, the controlling board shall approve the expenditure.	32941

Sec. 3734.28. All moneys collected under sections 3734.122,	32942
3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised	32943
Code and natural resource damages collected by the state under the	32944
"Comprehensive Environmental Response, Compensation, and Liability	32945
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall	32946
be paid into the state treasury to the credit of the hazardous	32947
waste clean-up fund, which is hereby created. The environmental	32948
protection agency shall use the moneys in the fund for the	32949
purposes set forth in division (D) of section 3734.122, sections	32950
3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27,	32951
and, through ~~June 30, 2003~~October 15, 2005, divisions (A)(1) and	32952
(2) of section 3745.12 and Chapter 3746. of the Revised Code,	32953
including any related enforcement expenses. In addition, the	32954
agency shall use the moneys in the fund to pay the state's	32955
long-term operation and maintenance costs or matching share for	32956
actions taken under the "Comprehensive Environmental Response,	32957
Compensation, and Liability Act of 1980," as amended. If those	32958
moneys are reimbursed by grants or other moneys from the United	32959
States or any other person, the moneys shall be placed in the fund	32960
and not in the general revenue fund.	32961

Sec. 3734.42. (A)(1) Except as otherwise provided in	32962
division (E)(2) of this section, every applicant for a permit	32963
other than a permit modification or renewal shall file a	32964
disclosure statement, on a form developed by the attorney general,	32965
with the director of environmental protection and the attorney	32966
general at the same time the applicant files an application for a	32967
permit other than a permit modification or renewal with the	32968
director.	32969

(2) Any individual required to be listed in the disclosure	32970
statement shall be fingerprinted for identification and	32971
investigation purposes in accordance with procedures established	32972
by the attorney general. An individual required to be	32973
fingerprinted under this section shall not be required to be	32974
fingerprinted more than once under this section.	32975

(3) The attorney general, within one hundred eighty days	32976
after receipt of the disclosure statement from an applicant for a	32977
permit, shall prepare and transmit to the director an	32978
investigative report on the applicant, based in part upon the	32979
disclosure statement, except that this deadline may be extended	32980
for a reasonable period of time, for good cause, by the director	32981
or the attorney general. In preparing this report, the attorney	32982
general may request and receive criminal history information from	32983
the federal bureau of investigation and any other law enforcement	32984
agency or organization. The attorney general may provide such	32985
confidentiality regarding the information received from a law	32986
enforcement agency as may be imposed by that agency as a condition	32987
for providing that information to the attorney general.	32988

(4) The review of the application by the director ~~or the~~	32989
~~hazardous waste facility board~~ shall include a review of the	32990
disclosure statement and investigative report.	32991

(B) All applicants and permittees shall provide any	32992
assistance or information requested by the director or the	32993
attorney general and shall cooperate in any inquiry or	32994
investigation conducted by the attorney general and any inquiry,	32995
investigation, or hearing conducted by the director ~~or the~~	32996
~~hazardous waste facility board~~. If, upon issuance of a formal	32997
request to answer any inquiry or produce information, evidence, or	32998
testimony, any applicant or permittee, any officer, director, or	32999
partner of any business concern, or any key employee of the	33000
applicant or permittee refuses to comply, the permit of the	33001
applicant or permittee may be denied or revoked by the director or	33002
~~the board~~.	33003

(C) The attorney general may charge and collect such fees	33004
from applicants and permittees as are necessary to cover the costs	33005
of administering and enforcing the investigative procedures	33006
authorized in sections 3734.41 to 3734.47 of the Revised Code. The	33007
attorney general shall transmit moneys collected under this	33008
division to the treasurer of state to be credited to the solid and	33009
hazardous waste background investigations fund, which is hereby	33010
created in the state treasury. Moneys in the fund shall be used	33011
solely for paying the attorney general's costs of administering	33012
and enforcing the investigative procedures authorized in sections	33013
3734.41 to 3734.47 of the Revised Code.	33014

(D) Annually on the anniversary date of the submission to the	33015
director by the attorney general of the investigative report for a	33016
specific facility, or annually on another date assigned by the	33017
attorney general, the appropriate applicant, permittee, or	33018
prospective owner shall submit to the attorney general, on a form	33019
provided by the attorney general, any and all information required	33020
to be included in a disclosure statement that has changed or been	33021
added in the immediately preceding year. If, in the immediately	33022
preceding year, there have been no changes in or additions to the	33023
information required to be included in a disclosure statement, the	33024
appropriate applicant, permittee, or prospective owner shall	33025
submit to the attorney general an affidavit stating that there	33026
have been no changes in or additions to that information during	33027
that time period.	33028

Notwithstanding the requirement for an annual submission of	33029
information, the following information shall be submitted within	33030
the periods specified:	33031

(1) Information required to be included in the disclosure	33032
statement for any new officer, director, partner, or key employee,	33033
to be submitted within ninety days from the addition of the	33034
officer, director, partner, or key employee;	33035

(2) Information required to be included in a disclosure	33036
statement for any new business concern, to be submitted within	33037
ninety days from the addition of the new business concern;	33038

(3) Information regarding any new criminal conviction, to be	33039
submitted within ninety days from the judgment entry of	33040
conviction.	33041

The failure to provide such information may constitute the	33042
basis for the revocation or denial of renewal of any permit or	33043
license issued in accordance with this chapter, provided that	33044
prior to any such denial or revocation, the director shall notify	33045
the applicant or permittee of the director's intention to do so	33046
and give the applicant or permittee fourteen days from the date of	33047
the notice to explain why the information was not provided. The	33048
director shall consider this information when determining whether	33049
to revoke or deny the permit or license.	33050

Nothing in this division affects the rights of the director	33051
or the attorney general granted under sections 3734.40 to 3734.47	33052
of the Revised Code to request information from a person at any	33053
other time.	33054

(E)(1) Except as otherwise provided in division (E)(2) of	33055
this section, every permittee who is not otherwise required to	33056
file a disclosure statement shall file a disclosure statement	33057
within five years after June 24, 1988, pursuant to a schedule for	33058
submissions of disclosure statements developed by the attorney	33059
general. The schedule shall provide all permittees and holders of	33060
a license with at least one hundred eighty days' notice prior to	33061
the date upon which the statement is to be submitted. All other	33062
terms of the schedule shall be established at the discretion of	33063
the attorney general and shall not be subject to judicial review.	33064

(2) An applicant for a permit for an off-site solid waste	33065
facility that is a scrap tire storage, monocell, monofill, or	33066
recovery facility issued under section 3734.76, 3734.77, or	33067
3734.78 of the Revised Code, as applicable, shall file a	33068
disclosure statement within five years after October 29, 1993,	33069
pursuant to a schedule for submissions of disclosure statements	33070
developed by the attorney general. The schedule shall provide all	33071
such applicants with at least one hundred eighty days' notice	33072
prior to the date upon which the statement shall be submitted. All	33073
other terms of the schedule shall be established at the discretion	33074
of the attorney general and shall not be subject to judicial	33075
review.	33076

Beginning five years after October 29, 1993, an applicant for	33077
such a permit shall file a disclosure statement in accordance with	33078
division (A)(1) of this section.	33079

(3) When a permittee submits a disclosure statement at the	33080
time it submits an application for a renewal or modification of	33081
its permit, the attorney general shall remove the permittee from	33082
the submission schedule established pursuant to division (E)(1) or	33083
(2) of this section.	33084

(4) After receiving a disclosure statement under division	33085
(E)(1) or (2) of this section, the attorney general shall prepare	33086
an investigative report and transmit it to the director. The	33087
director shall review the disclosure statement and investigative	33088
report to determine whether the statement or report contains	33089
information that if submitted with a permit application would	33090
require a denial of the permit pursuant to section 3734.44 of the	33091
Revised Code. If the director determines that the statement or	33092
report contains such information, the director may revoke any	33093
previously issued permit pursuant to section 3734.45 of the	33094
Revised Code, or the director shall deny any application for a	33095
renewal of a permit or license. When the renewal of the license is	33096
being performed by a board of health, the director shall instruct	33097
the board of health about those circumstances under which the	33098
renewal is required to be denied by this section.	33099

(F)(1) Whenever there is a change in ownership of any	33100
off-site solid waste facility, including incinerators, any	33101
transfer facility, any off-site infectious waste treatment	33102
facility, or any off-site hazardous waste treatment, storage, or	33103
disposal facility, the prospective owner shall file a disclosure	33104
statement with the attorney general and the director at least one	33105
hundred eighty days prior to the proposed change in ownership.	33106
Upon receipt of the disclosure statement, the attorney general	33107
shall prepare an investigative report and transmit it to the	33108
director. The director shall review the disclosure statement and	33109
investigative report to determine whether the statement or report	33110
contains information that if submitted with a permit application	33111
would require a denial of the permit pursuant to section 3734.44	33112
of the Revised Code. If the director determines that the statement	33113
or report contains such information, the director shall disapprove	33114
the change in ownership.	33115

(2) If the parties to a change in ownership decide to proceed	33116
with the change prior to the action of the director on the	33117
disclosure statement and investigative report, the parties shall	33118
include in all contracts or other documents reflecting the change	33119
in ownership language expressly making the change in ownership	33120
subject to the approval of the director and expressly negating the	33121
change if it is disapproved by the director pursuant to division	33122
(F)(1) of this section.	33123

(3) As used in this section, "change in ownership" includes	33124
any change in the names, other than those of officers, directors,	33125
partners, or key employees, contained in the disclosure statement.	33126

Sec. 3734.44. Notwithstanding the provisions of any law to	33127
the contrary, no permit or license shall be issued or renewed by	33128
the director of environmental protection~~, the hazardous waste~~	33129
~~facility board,~~ or a board of health:	33130

(A) Unless the director~~, the hazardous waste facility board,~~	33131
or the board of health finds that the applicant, in any prior	33132
performance record in the transportation, transfer, treatment,	33133
storage, or disposal of solid wastes, infectious wastes, or	33134
hazardous waste, has exhibited sufficient reliability, expertise,	33135
and competency to operate the solid waste, infectious waste, or	33136
hazardous waste facility, given the potential for harm to human	33137
health and the environment that could result from the	33138
irresponsible operation of the facility, or, if no prior record	33139
exists, that the applicant is likely to exhibit that reliability,	33140
expertise, and competence;	33141

(B) If any individual or business concern required to be	33142
listed in the disclosure statement or shown to have a beneficial	33143
interest in the business of the applicant or the permittee, other	33144
than an equity interest or debt liability, by the investigation	33145
thereof, has been convicted of any of the following crimes under	33146
the laws of this state or equivalent laws of any other	33147
jurisdiction:	33148

(1) Murder;

33149

(2) Kidnapping;

33150

(3) Gambling;

33151

(4) Robbery;

33152

(5) Bribery;

33153

(6) Extortion;

33154

(7) Criminal usury;

33155

(8) Arson;

33156

(9) Burglary;

33157

(10) Theft and related crimes;

33158

(11) Forgery and fraudulent practices;

33159

(12) Fraud in the offering, sale, or purchase of securities;

33160

(13) Alteration of motor vehicle identification numbers;

33161

(14) Unlawful manufacture, purchase, use, or transfer of	33162
firearms;	33163

(15) Unlawful possession or use of destructive devices or	33164
explosives;	33165

(16) Violation of section 2925.03, 2925.04, 2925.05, 2925.06,	33166
2925.11, 2925.32, or 2925.37 or Chapter 3719. of the Revised Code,	33167
unless the violation is for possession of less than one hundred	33168
grams of marihuana, less than five grams of marihuana resin or	33169
extraction or preparation of marihuana resin, or less than one	33170
gram of marihuana resin in a liquid concentrate, liquid extract,	33171
or liquid distillate form;	33172

(17) Engaging in a pattern of corrupt activity under section	33173
2923.32 of the Revised Code;	33174

(18) Violation of criminal provisions of Chapter 1331. of the	33175
Revised Code;	33176

(19) Any violation of the criminal provisions of any federal	33177
or state environmental protection laws, rules, or regulations that	33178
is committed knowingly or recklessly, as defined in section	33179
2901.22 of the Revised Code;	33180

(20) Violation of Chapter 2909. of the Revised Code;

33181

(21) Any offense specified in Chapter 2921. of the Revised	33182
Code.	33183

(C) Notwithstanding division (B) of this section, no	33184
applicant shall be denied the issuance or renewal of a permit or	33185
license on the basis of a conviction of any individual or business	33186
concern required to be listed in the disclosure statement or shown	33187
to have a beneficial interest in the business of the applicant or	33188
the permittee, other than an equity interest or debt liability, by	33189
the investigation thereof for any of the offenses enumerated in	33190
that division as disqualification criteria if that applicant has	33191
affirmatively demonstrated rehabilitation of the individual or	33192
business concern by a preponderance of the evidence. If any such	33193
individual was convicted of any of the offenses so enumerated that	33194
are felonies, a permit shall be denied unless five years have	33195
elapsed since the individual was fully discharged from	33196
imprisonment and parole for the offense, from a post-release	33197
control sanction imposed under section 2967.28 of the Revised Code	33198
for the offense, or imprisonment, probation, and parole for an	33199
offense that was committed prior to the effective date of this	33200
amendment. In determining whether an applicant has affirmatively	33201
demonstrated rehabilitation, the director~~, the hazardous waste~~	33202
~~facility board,~~ or the board of health shall request a	33203
recommendation on the matter from the attorney general and shall	33204
consider and base the determination on the following factors:	33205

(1) The nature and responsibilities of the position a	33206
convicted individual would hold;	33207

(2) The nature and seriousness of the offense;

33208

(3) The circumstances under which the offense occurred;

33209

(4) The date of the offense;

33210

(5) The age of the individual when the offense was committed;

33211

(6) Whether the offense was an isolated or repeated incident;

33212

(7) Any social conditions that may have contributed to the	33213
offense;	33214

(8) Any evidence of rehabilitation, including good conduct in	33215
prison or in the community, counseling or psychiatric treatment	33216
received, acquisition of additional academic or vocational	33217
schooling, successful participation in correctional work release	33218
programs, or the recommendation of persons who have or have had	33219
the applicant under their supervision;	33220

(9) In the instance of an applicant that is a business	33221
concern, rehabilitation shall be established if the applicant has	33222
implemented formal management controls to minimize and prevent the	33223
occurrence of violations and activities that will or may result in	33224
permit or license denial or revocation or if the applicant has	33225
formalized those controls as a result of a revocation or denial of	33226
a permit or license. Those controls may include, but are not	33227
limited to, instituting environmental auditing programs to help	33228
ensure the adequacy of internal systems to achieve, maintain, and	33229
monitor compliance with applicable environmental laws and	33230
standards or instituting an antitrust compliance auditing program	33231
to help ensure full compliance with applicable antitrust laws. The	33232
business concern shall prove by a preponderance of the evidence	33233
that the management controls are effective in preventing the	33234
violations that are the subject of concern.	33235

(D) Unless the director~~, the hazardous waste facility board,~~	33236
or the board of health finds that the applicant has a history of	33237
compliance with environmental laws in this state and other	33238
jurisdictions and is presently in substantial compliance with, or	33239
on a legally enforceable schedule that will result in compliance	33240
with, environmental laws in this state and other jurisdictions.;	33241

(E) With respect to the approval of a permit, if the director	33242
~~or the hazardous waste facility board~~ determines that current	33243
prosecutions or pending charges in any jurisdiction for any of the	33244
offenses enumerated in division (B) of this section against any	33245
individual or business concern required to be listed in the	33246
disclosure statement or shown by the investigation to have a	33247
beneficial interest in the business of the applicant other than an	33248
equity interest or debt liability are of such magnitude that they	33249
prevent making the finding required under division (A) of this	33250
section, provided that at the request of the applicant or the	33251
individual or business concern charged, the director ~~or the~~	33252
~~hazardous waste facility board~~ shall defer decision upon the	33253
application during the pendency of the charge.	33254

Sec. 3734.46. Notwithstanding the disqualification of the	33255
applicant or permittee pursuant to this chapter, the director of	33256
environmental protection~~, hazardous waste facility board,~~ or the	33257
board of health may issue or renew a permit or license if the	33258
applicant or permittee severs the interest of or affiliation with	33259
the individual or business concern that would otherwise cause that	33260
disqualification or may issue or renew a license on a temporary	33261
basis for a period not to exceed six months if the director or the	33262
board of health determines that the issuance or renewal of the	33263
permit or license is necessitated by the public interest.	33264

Sec. 3734.57. (A) For the purposes of paying the state's	33265
long-term operation costs or matching share for actions taken	33266
under the "Comprehensive Environmental Response, Compensation, and	33267
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	33268
amended; paying the costs of measures for proper clean-up of sites	33269
where polychlorinated biphenyls and substances, equipment, and	33270
devices containing or contaminated with polychlorinated biphenyls	33271
have been stored or disposed of; paying the costs of conducting	33272
surveys or investigations of solid waste facilities or other	33273
locations where it is believed that significant quantities of	33274
hazardous waste were disposed of and for conducting enforcement	33275
actions arising from the findings of such surveys or	33276
investigations; paying the costs of acquiring and cleaning up, or	33277
providing financial assistance for cleaning up, any hazardous	33278
waste facility or solid waste facility containing significant	33279
quantities of hazardous waste, that constitutes an imminent and	33280
substantial threat to public health or safety or the environment;	33281
and, from July 1, ~~2001~~2003, through June 30, ~~2004~~2006, for the	33282
purposes of paying the costs of administering and enforcing the	33283
laws pertaining to solid wastes, infectious wastes, and	33284
construction and demolition debris, including, without limitation,	33285
ground water evaluations related to solid wastes, infectious	33286
wastes, and construction and demolition debris, under this chapter	33287
and Chapter 3714. of the Revised Code and any rules adopted under	33288
them, and paying a share of the administrative costs of the	33289
environmental protection agency pursuant to section 3745.014 of	33290
the Revised Code, the following fees are hereby levied on the	33291
disposal of solid wastes in this state:	33292

(1) One dollar per ton on and after July 1, 1993;

33293

(2) An additional ~~seventy-five cents~~one dollar per ton on	33294
and after July 1, ~~2001~~2003, through June 30, ~~2004~~2006.	33295

The owner or operator of a solid waste disposal facility	33296
shall collect the fees levied under this division as a trustee for	33297
the state and shall prepare and file with the director of	33298
environmental protection monthly returns indicating the total	33299
tonnage of solid wastes received for disposal at the gate of the	33300
facility and the total amount of the fees collected under this	33301
division. Not later than thirty days after the last day of the	33302
month to which such a return applies, the owner or operator shall	33303
mail to the director the return for that month together with the	33304
fees collected during that month as indicated on the return. The	33305
owner or operator may request an extension of not more than thirty	33306
days for filing the return and remitting the fees, provided that	33307
the owner or operator has submitted such a request in writing to	33308
the director together with a detailed description of why the	33309
extension is requested, the director has received the request not	33310
later than the day on which the return is required to be filed,	33311
and the director has approved the request. If the fees are not	33312
remitted within sixty days after the last day of the month during	33313
which they were collected, the owner or operator shall pay an	33314
additional fifty per cent of the amount of the fees for each month	33315
that they are late.	33316

One-half of the moneys remitted to the director under	33317
division (A)(1) of this section shall be credited to the hazardous	33318
waste facility management fund created in section 3734.18 of the	33319
Revised Code, and one-half shall be credited to the hazardous	33320
waste clean-up fund created in section 3734.28 of the Revised	33321
Code. The moneys remitted to the director under division (A)(2) of	33322
this section shall be credited to the solid waste fund, which is	33323
hereby created in the state treasury. The environmental protection	33324
agency shall use moneys in the solid waste fund only to pay the	33325
costs of administering and enforcing the laws pertaining to solid	33326
wastes, infectious wastes, and construction and demolition debris,	33327
including, without limitation, ground water evaluations related to	33328
solid wastes, infectious wastes, and construction and demolition	33329
debris, under this chapter and Chapter 3714. of the Revised Code	33330
and rules adopted under them and to pay a share of the	33331
administrative costs of the environmental protection agency	33332
pursuant to section 3745.014 of the Revised Code.	33333

The fees levied under this division and divisions (B) and (C)	33334
of this section are in addition to all other applicable fees and	33335
taxes and shall be added to any other fee or amount specified in a	33336
contract that is charged by the owner or operator of a solid waste	33337
disposal facility or to any other fee or amount that is specified	33338
in a contract entered into on or after March 4, 1992, and that is	33339
charged by a transporter of solid wastes.	33340

(B) For the purpose of preparing, revising, and implementing	33341
the solid waste management plan of the county or joint solid waste	33342
management district, including, without limitation, the	33343
development and implementation of solid waste recycling or	33344
reduction programs; providing financial assistance to boards of	33345
health within the district, if solid waste facilities are located	33346
within the district, for the enforcement of this chapter and rules	33347
adopted and orders and terms and conditions of permits, licenses,	33348
and variances issued under it, other than the hazardous waste	33349
provisions of this chapter and rules adopted and orders and terms	33350
and conditions of permits issued under those provisions; providing	33351
financial assistance to the county to defray the added costs of	33352
maintaining roads and other public facilities and of providing	33353
emergency and other public services resulting from the location	33354
and operation of a solid waste facility within the county under	33355
the district's approved solid waste management plan; paying the	33356
costs incurred by boards of health for collecting and analyzing	33357
water samples from public or private wells on lands adjacent to	33358
solid waste facilities that are contained in the approved or	33359
amended plan of the district; paying the costs of developing and	33360
implementing a program for the inspection of solid wastes	33361
generated outside the boundaries of this state that are disposed	33362
of at solid waste facilities included in the district's approved	33363
solid waste management plan or amended plan; providing financial	33364
assistance to boards of health within the district for enforcing	33365
laws prohibiting open dumping; providing financial assistance to	33366
local law enforcement agencies within the district for enforcing	33367
laws and ordinances prohibiting littering; providing financial	33368
assistance to boards of health of health districts within the	33369
district that are on the approved list under section 3734.08 of	33370
the Revised Code for the training and certification required for	33371
their employees responsible for solid waste enforcement by rules	33372
adopted under division (L) of section 3734.02 of the Revised Code;	33373
providing financial assistance to individual municipal	33374
corporations and townships within the district to defray their	33375
added costs of maintaining roads and other public facilities and	33376
of providing emergency and other public services resulting from	33377
the location and operation within their boundaries of a	33378
composting, energy or resource recovery, incineration, or	33379
recycling facility that either is owned by the district or is	33380
furnishing solid waste management facility or recycling services	33381
to the district pursuant to a contract or agreement with the board	33382
of county commissioners or directors of the district; and payment	33383
of any expenses that are agreed to, awarded, or ordered to be paid	33384
under section 3734.35 of the Revised Code and of any	33385
administrative costs incurred pursuant to that section, the solid	33386
waste management policy committee of a county or joint solid waste	33387
management district may levy fees upon the following activities:	33388

(1) The disposal at a solid waste disposal facility located	33389
in the district of solid wastes generated within the district;	33390

(2) The disposal at a solid waste disposal facility within	33391
the district of solid wastes generated outside the boundaries of	33392
the district, but inside this state;	33393

(3) The disposal at a solid waste disposal facility within	33394
the district of solid wastes generated outside the boundaries of	33395
this state.	33396

If any such fees are levied prior to January 1, 1994, fees	33397
levied under division (B)(1) of this section always shall be equal	33398
to one-half of the fees levied under division (B)(2) of this	33399
section, and fees levied under division (B)(3) of this section,	33400
which shall be in addition to fees levied under division (B)(2) of	33401
this section, always shall be equal to fees levied under division	33402
(B)(1) of this section, except as otherwise provided in this	33403
division. The solid waste management plan of the county or joint	33404
district approved under section 3734.521 or 3734.55 of the Revised	33405
Code and any amendments to it, or the resolution adopted under	33406
this division, as appropriate, shall establish the rates of the	33407
fees levied under divisions (B)(1), (2), and (3) of this section,	33408
if any, and shall specify whether the fees are levied on the basis	33409
of tons or cubic yards as the unit of measurement. Although the	33410
fees under divisions (A)(1) and (2) of this section are levied on	33411
the basis of tons as the unit of measurement, the solid waste	33412
management plan of the district and any amendments to it or the	33413
solid waste management policy committee in its resolution levying	33414
fees under this division may direct that the fees levied under	33415
those divisions be levied on the basis of cubic yards as the unit	33416
of measurement based upon a conversion factor of three cubic yards	33417
per ton generally or one cubic yard per ton for baled wastes if	33418
the fees under divisions (B)(1) to (3) of this section are being	33419
levied on the basis of cubic yards as the unit of measurement	33420
under the plan, amended plan, or resolution.	33421

On and after January 1, 1994, the fee levied under division	33422
(B)(1) of this section shall be not less than one dollar per ton	33423
nor more than two dollars per ton, the fee levied under division	33424
(B)(2) of this section shall be not less than two dollars per ton	33425
nor more than four dollars per ton, and the fee levied under	33426
division (B)(3) of this section shall be not more than the fee	33427
levied under division (B)(1) of this section, except as otherwise	33428
provided in this division and notwithstanding any schedule of	33429
those fees established in the solid waste management plan of a	33430
county or joint district approved under section 3734.55 of the	33431
Revised Code or a resolution adopted and ratified under this	33432
division that is in effect on that date. If the fee that a	33433
district is levying under division (B)(1) of this section on that	33434
date under its approved plan or such a resolution is less than one	33435
dollar per ton, the fee shall be one dollar per ton on and after	33436
January 1, 1994, and if the fee that a district is so levying	33437
under that division exceeds two dollars per ton, the fee shall be	33438
two dollars per ton on and after that date. If the fee that a	33439
district is so levying under division (B)(2) of this section is	33440
less than two dollars per ton, the fee shall be two dollars per	33441
ton on and after that date, and if the fee that the district is so	33442
levying under that division exceeds four dollars per ton, the fee	33443
shall be four dollars per ton on and after that date. On that	33444
date, the fee levied by a district under division (B)(3) of this	33445
section shall be equal to the fee levied under division (B)(1) of	33446
this section. Except as otherwise provided in this division, the	33447
fees established by the operation of this amendment shall remain	33448
in effect until the district's resolution levying fees under this	33449
division is amended or repealed in accordance with this division	33450
to amend or abolish the schedule of fees, the schedule of fees is	33451
amended or abolished in an amended plan of the district approved	33452
under section 3734.521 or division (A) or (D) of section 3734.56	33453
of the Revised Code, or the schedule of fees is amended or	33454
abolished through an amendment to the district's plan under	33455
division (E) of section 3734.56 of the Revised Code; the	33456
notification of the amendment or abolishment of the fees has been	33457
given in accordance with this division; and collection of the	33458
amended fees so established commences, or collection of the fees	33459
ceases, in accordance with this division.	33460

The solid waste management policy committee of a district	33461
levying fees under divisions (B)(1) to (3) of this section on	33462
October 29, 1993, under its solid waste management plan approved	33463
under section 3734.55 of the Revised Code or a resolution adopted	33464
and ratified under this division that are within the ranges of	33465
rates prescribed by this amendment, by adoption of a resolution	33466
not later than December 1, 1993, and without the necessity for	33467
ratification of the resolution under this division, may amend	33468
those fees within the prescribed ranges, provided that the	33469
estimated revenues from the amended fees will not substantially	33470
exceed the estimated revenues set forth in the district's budget	33471
for calendar year 1994. Not later than seven days after the	33472
adoption of such a resolution, the committee shall notify by	33473
certified mail the owner or operator of each solid waste disposal	33474
facility that is required to collect the fees of the adoption of	33475
the resolution and of the amount of the amended fees. Collection	33476
of the amended fees shall take effect on the first day of the	33477
first month following the month in which the notification is sent	33478
to the owner or operator. The fees established in such a	33479
resolution shall remain in effect until the district's resolution	33480
levying fees that was adopted and ratified under this division is	33481
amended or repealed, and the amendment or repeal of the resolution	33482
is ratified, in accordance with this division, to amend or abolish	33483
the fees, the schedule of fees is amended or abolished in an	33484
amended plan of the district approved under section 3734.521 or	33485
division (A) or (D) of section 3734.56 of the Revised Code, or the	33486
schedule of fees is amended or abolished through an amendment to	33487
the district's plan under division (E) of section 3734.56 of the	33488
Revised Code; the notification of the amendment or abolishment of	33489
the fees has been given in accordance with this division; and	33490
collection of the amended fees so established commences, or	33491
collection of the fees ceases, in accordance with this division.	33492

Prior to the approval of the solid waste management plan of	33493
the district under section 3734.55 of the Revised Code, the solid	33494
waste management policy committee of a district may levy fees	33495
under this division by adopting a resolution establishing the	33496
proposed amount of the fees. Upon adopting the resolution, the	33497
committee shall deliver a copy of the resolution to the board of	33498
county commissioners of each county forming the district and to	33499
the legislative authority of each municipal corporation and	33500
township under the jurisdiction of the district and shall prepare	33501
and publish the resolution and a notice of the time and location	33502
where a public hearing on the fees will be held. Upon adopting the	33503
resolution, the committee shall deliver written notice of the	33504
adoption of the resolution; of the amount of the proposed fees;	33505
and of the date, time, and location of the public hearing to the	33506
director and to the fifty industrial, commercial, or institutional	33507
generators of solid wastes within the district that generate the	33508
largest quantities of solid wastes, as determined by the	33509
committee, and to their local trade associations. The committee	33510
shall make good faith efforts to identify those generators within	33511
the district and their local trade associations, but the	33512
nonprovision of notice under this division to a particular	33513
generator or local trade association does not invalidate the	33514
proceedings under this division. The publication shall occur at	33515
least thirty days before the hearing. After the hearing, the	33516
committee may make such revisions to the proposed fees as it	33517
considers appropriate and thereafter, by resolution, shall adopt	33518
the revised fee schedule. Upon adopting the revised fee schedule,	33519
the committee shall deliver a copy of the resolution doing so to	33520
the board of county commissioners of each county forming the	33521
district and to the legislative authority of each municipal	33522
corporation and township under the jurisdiction of the district.	33523
Within sixty days after the delivery of a copy of the resolution	33524
adopting the proposed revised fees by the policy committee, each	33525
such board and legislative authority, by ordinance or resolution,	33526
shall approve or disapprove the revised fees and deliver a copy of	33527
the ordinance or resolution to the committee. If any such board or	33528
legislative authority fails to adopt and deliver to the policy	33529
committee an ordinance or resolution approving or disapproving the	33530
revised fees within sixty days after the policy committee	33531
delivered its resolution adopting the proposed revised fees, it	33532
shall be conclusively presumed that the board or legislative	33533
authority has approved the proposed revised fees.	33534

In the case of a county district or a joint district formed	33535
by two or three counties, the committee shall declare the proposed	33536
revised fees to be ratified as the fee schedule of the district	33537
upon determining that the board of county commissioners of each	33538
county forming the district has approved the proposed revised fees	33539
and that the legislative authorities of a combination of municipal	33540
corporations and townships with a combined population within the	33541
district comprising at least sixty per cent of the total	33542
population of the district have approved the proposed revised	33543
fees, provided that in the case of a county district, that	33544
combination shall include the municipal corporation having the	33545
largest population within the boundaries of the district, and	33546
provided further that in the case of a joint district formed by	33547
two or three counties, that combination shall include for each	33548
county forming the joint district the municipal corporation having	33549
the largest population within the boundaries of both the county in	33550
which the municipal corporation is located and the joint district.	33551
In the case of a joint district formed by four or more counties,	33552
the committee shall declare the proposed revised fees to be	33553
ratified as the fee schedule of the joint district upon	33554
determining that the boards of county commissioners of a majority	33555
of the counties forming the district have approved the proposed	33556
revised fees; that, in each of a majority of the counties forming	33557
the joint district, the proposed revised fees have been approved	33558
by the municipal corporation having the largest population within	33559
the county and the joint district; and that the legislative	33560
authorities of a combination of municipal corporations and	33561
townships with a combined population within the joint district	33562
comprising at least sixty per cent of the total population of the	33563
joint district have approved the proposed revised fees.	33564

For the purposes of this division, only the population of the	33565
unincorporated area of a township shall be considered. For the	33566
purpose of determining the largest municipal corporation within	33567
each county under this division, a municipal corporation that is	33568
located in more than one solid waste management district, but that	33569
is under the jurisdiction of one county or joint solid waste	33570
management district in accordance with division (A) of section	33571
3734.52 of the Revised Code shall be considered to be within the	33572
boundaries of the county in which a majority of the population of	33573
the municipal corporation resides.	33574

The committee may amend the schedule of fees levied pursuant	33575
to a resolution or amended resolution adopted and ratified under	33576
this division by adopting a resolution establishing the proposed	33577
amount of the amended fees. The committee may abolish the fees	33578
levied pursuant to such a resolution or amended resolution by	33579
adopting a resolution proposing to repeal them. Upon adopting such	33580
a resolution, the committee shall proceed to obtain ratification	33581
of the resolution in accordance with this division.	33582

Not later than fourteen days after declaring the fees or	33583
amended fees to be ratified under this division, the committee	33584
shall notify by certified mail the owner or operator of each solid	33585
waste disposal facility that is required to collect the fees of	33586
the ratification and the amount of the fees. Collection of any	33587
fees or amended fees ratified on or after March 24, 1992, shall	33588
commence on the first day of the second month following the month	33589
in which notification is sent to the owner or operator.	33590

Not later than fourteen days after declaring the repeal of	33591
the district's schedule of fees to be ratified under this	33592
division, the committee shall notify by certified mail the owner	33593
or operator of each facility that is collecting the fees of the	33594
repeal. Collection of the fees shall cease on the first day of the	33595
second month following the month in which notification is sent to	33596
the owner or operator.	33597

Not later than fourteen days after the director issues an	33598
order approving a district's solid waste management plan under	33599
section 3734.55 of the Revised Code or amended plan under division	33600
(A) or (D) of section 3734.56 of the Revised Code that establishes	33601
or amends a schedule of fees levied by the district, or the	33602
ratification of an amendment to the district's approved plan or	33603
amended plan under division (E) of section 3734.56 of the Revised	33604
Code that establishes or amends a schedule of fees, as	33605
appropriate, the committee shall notify by certified mail the	33606
owner or operator of each solid waste disposal facility that is	33607
required to collect the fees of the approval of the plan or	33608
amended plan, or the amendment to the plan, as appropriate, and	33609
the amount of the fees or amended fees. In the case of an initial	33610
or amended plan approved under section 3734.521 of the Revised	33611
Code in connection with a change in district composition, other	33612
than one involving the withdrawal of a county from a joint	33613
district, that establishes or amends a schedule of fees levied	33614
under divisions (B)(1) to (3) of this section by a district	33615
resulting from the change, the committee, within fourteen days	33616
after the change takes effect pursuant to division (G) of that	33617
section, shall notify by certified mail the owner or operator of	33618
each solid waste disposal facility that is required to collect the	33619
fees that the change has taken effect and of the amount of the	33620
fees or amended fees. Collection of any fees set forth in a plan	33621
or amended plan approved by the director on or after April 16,	33622
1993, or an amendment of a plan or amended plan under division (E)	33623
of section 3734.56 of the Revised Code that is ratified on or	33624
after April 16, 1993, shall commence on the first day of the	33625
second month following the month in which notification is sent to	33626
the owner or operator.	33627

Not later than fourteen days after the director issues an	33628
order approving a district's plan under section 3734.55 of the	33629
Revised Code or amended plan under division (A) or (D) of section	33630
3734.56 of the Revised Code that abolishes the schedule of fees	33631
levied under divisions (B)(1) to (3) of this section, or an	33632
amendment to the district's approved plan or amended plan	33633
abolishing the schedule of fees is ratified pursuant to division	33634
(E) of section 3734.56 of the Revised Code, as appropriate, the	33635
committee shall notify by certified mail the owner or operator of	33636
each facility that is collecting the fees of the approval of the	33637
plan or amended plan, or the amendment of the plan or amended	33638
plan, as appropriate, and the abolishment of the fees. In the case	33639
of an initial or amended plan approved under section 3734.521 of	33640
the Revised Code in connection with a change in district	33641
composition, other than one involving the withdrawal of a county	33642
from a joint district, that abolishes the schedule of fees levied	33643
under divisions (B)(1) to (3) of this section by a district	33644
resulting from the change, the committee, within fourteen days	33645
after the change takes effect pursuant to division (G) of that	33646
section, shall notify by certified mail the owner or operator of	33647
each solid waste disposal facility that is required to collect the	33648
fees that the change has taken effect and of the abolishment of	33649
the fees. Collection of the fees shall cease on the first day of	33650
the second month following the month in which notification is sent	33651
to the owner or operator.	33652

Except as otherwise provided in this division, if the	33653
schedule of fees that a district is levying under divisions (B)(1)	33654
to (3) of this section pursuant to a resolution or amended	33655
resolution adopted and ratified under this division, the solid	33656
waste management plan of the district approved under section	33657
3734.55 of the Revised Code, an amended plan approved under	33658
division (A) or (D) of section 3734.56 of the Revised Code, or an	33659
amendment to the district's approved plan or amended plan under	33660
division (E) of section 3734.56 of the Revised Code, is amended by	33661
the adoption and ratification of an amendment to the resolution or	33662
amended resolution or an amendment of the district's approved plan	33663
or amended plan, the fees in effect immediately prior to the	33664
approval of the plan or the amendment of the resolution, amended	33665
resolution, plan, or amended plan, as appropriate, shall continue	33666
to be collected until collection of the amended fees commences	33667
pursuant to this division.	33668

If, in the case of a change in district composition involving	33669
the withdrawal of a county from a joint district, the director	33670
completes the actions required under division (G)(1) or (3) of	33671
section 3734.521 of the Revised Code, as appropriate, forty-five	33672
days or more before the beginning of a calendar year, the policy	33673
committee of each of the districts resulting from the change that	33674
obtained the director's approval of an initial or amended plan in	33675
connection with the change, within fourteen days after the	33676
director's completion of the required actions, shall notify by	33677
certified mail the owner or operator of each solid waste disposal	33678
facility that is required to collect the district's fees that the	33679
change is to take effect on the first day of January immediately	33680
following the issuance of the notice and of the amount of the fees	33681
or amended fees levied under divisions (B)(1) to (3) of this	33682
section pursuant to the district's initial or amended plan as so	33683
approved or, if appropriate, the abolishment of the district's	33684
fees by that initial or amended plan. Collection of any fees set	33685
forth in such a plan or amended plan shall commence on the first	33686
day of January immediately following the issuance of the notice.	33687
If such an initial or amended plan abolishes a schedule of fees,	33688
collection of the fees shall cease on that first day of January.	33689

If, in the case of a change in district composition involving	33690
the withdrawal of a county from a joint district, the director	33691
completes the actions required under division (G)(1) or (3) of	33692
section 3734.521 of the Revised Code, as appropriate, less than	33693
forty-five days before the beginning of a calendar year, the	33694
director, on behalf of each of the districts resulting from the	33695
change that obtained the director's approval of an initial or	33696
amended plan in connection with the change proceedings, shall	33697
notify by certified mail the owner or operator of each solid waste	33698
disposal facility that is required to collect the district's fees	33699
that the change is to take effect on the first day of January	33700
immediately following the mailing of the notice and of the amount	33701
of the fees or amended fees levied under divisions (B)(1) to (3)	33702
of this section pursuant to the district's initial or amended plan	33703
as so approved or, if appropriate, the abolishment of the	33704
district's fees by that initial or amended plan. Collection of any	33705
fees set forth in such a plan or amended plan shall commence on	33706
the first day of the second month following the month in which	33707
notification is sent to the owner or operator. If such an initial	33708
or amended plan abolishes a schedule of fees, collection of the	33709
fees shall cease on the first day of the second month following	33710
the month in which notification is sent to the owner or operator.	33711

In the case of a change in district composition, the schedule	33712
of fees that the former districts that existed prior to the change	33713
were levying under divisions (B)(1) to (3) of this section	33714
pursuant to a resolution or amended resolution adopted and	33715
ratified under this division, the solid waste management plan of a	33716
former district approved under section 3734.521 or 3734.55 of the	33717
Revised Code, an amended plan approved under section 3734.521 or	33718
division (A) or (D) of section 3734.56 of the Revised Code, or an	33719
amendment to a former district's approved plan or amended plan	33720
under division (E) of section 3734.56 of the Revised Code, and	33721
that were in effect on the date that the director completed the	33722
actions required under division (G)(1) or (3) of section 3734.521	33723
of the Revised Code shall continue to be collected until the	33724
collection of the fees or amended fees of the districts resulting	33725
from the change is required to commence, or if an initial or	33726
amended plan of a resulting district abolishes a schedule of fees,	33727
collection of the fees is required to cease, under this division.	33728
Moneys so received from the collection of the fees of the former	33729
districts shall be divided among the resulting districts in	33730
accordance with division (B) of section 343.012 of the Revised	33731
Code and the agreements entered into under division (B) of section	33732
343.01 of the Revised Code to establish the former and resulting	33733
districts and any amendments to those agreements.	33734

For the purposes of the provisions of division (B) of this	33735
section establishing the times when newly established or amended	33736
fees levied by a district are required to commence and the	33737
collection of fees that have been amended or abolished is required	33738
to cease, "fees" or "schedule of fees" includes, in addition to	33739
fees levied under divisions (B)(1) to (3) of this section, those	33740
levied under section 3734.573 or 3734.574 of the Revised Code.	33741

(C) For the purposes of defraying the added costs to a	33742
municipal corporation or township of maintaining roads and other	33743
public facilities and of providing emergency and other public	33744
services, and compensating a municipal corporation or township for	33745
reductions in real property tax revenues due to reductions in real	33746
property valuations resulting from the location and operation of a	33747
solid waste disposal facility within the municipal corporation or	33748
township, a municipal corporation or township in which such a	33749
solid waste disposal facility is located may levy a fee of not	33750
more than twenty-five cents per ton on the disposal of solid	33751
wastes at a solid waste disposal facility located within the	33752
boundaries of the municipal corporation or township regardless of	33753
where the wastes were generated.	33754

The legislative authority of a municipal corporation or	33755
township may levy fees under this division by enacting an	33756
ordinance or adopting a resolution establishing the amount of the	33757
fees. Upon so doing the legislative authority shall mail a	33758
certified copy of the ordinance or resolution to the board of	33759
county commissioners or directors of the county or joint solid	33760
waste management district in which the municipal corporation or	33761
township is located or, if a regional solid waste management	33762
authority has been formed under section 343.011 of the Revised	33763
Code, to the board of trustees of that regional authority, the	33764
owner or operator of each solid waste disposal facility in the	33765
municipal corporation or township that is required to collect the	33766
fee by the ordinance or resolution, and the director of	33767
environmental protection. Although the fees levied under this	33768
division are levied on the basis of tons as the unit of	33769
measurement, the legislative authority, in its ordinance or	33770
resolution levying the fees under this division, may direct that	33771
the fees be levied on the basis of cubic yards as the unit of	33772
measurement based upon a conversion factor of three cubic yards	33773
per ton generally or one cubic yard per ton for baled wastes.	33774

Not later than five days after enacting an ordinance or	33775
adopting a resolution under this division, the legislative	33776
authority shall so notify by certified mail the owner or operator	33777
of each solid waste disposal facility that is required to collect	33778
the fee. Collection of any fee levied on or after March 24, 1992,	33779
shall commence on the first day of the second month following the	33780
month in which notification is sent to the owner or operator.	33781

(D)(1) The fees levied under divisions (A), (B), and (C) of	33782
this section do not apply to the disposal of solid wastes that:	33783

(a) Are disposed of at a facility owned by the generator of	33784
the wastes when the solid waste facility exclusively disposes of	33785
solid wastes generated at one or more premises owned by the	33786
generator regardless of whether the facility is located on a	33787
premises where the wastes are generated;	33788

(b) Are disposed of at facilities that exclusively dispose of	33789
wastes that are generated from the combustion of coal, or from the	33790
combustion of primarily coal in combination with scrap tires, that	33791
is not combined in any way with garbage at one or more premises	33792
owned by the generator.	33793

(2) Except as provided in section 3734.571 of the Revised	33794
Code, any fees levied under division (B)(1) of this section apply	33795
to solid wastes originating outside the boundaries of a county or	33796
joint district that are covered by an agreement for the joint use	33797
of solid waste facilities entered into under section 343.02 of the	33798
Revised Code by the board of county commissioners or board of	33799
directors of the county or joint district where the wastes are	33800
generated and disposed of.	33801

(3) When solid wastes, other than solid wastes that consist	33802
of scrap tires, are burned in a disposal facility that is an	33803
incinerator or energy recovery facility, the fees levied under	33804
divisions (A), (B), and (C) of this section shall be levied upon	33805
the disposal of the fly ash and bottom ash remaining after burning	33806
of the solid wastes and shall be collected by the owner or	33807
operator of the sanitary landfill where the ash is disposed of.	33808

(4) When solid wastes are delivered to a solid waste transfer	33809
facility, the fees levied under divisions (A), (B), and (C) of	33810
this section shall be levied upon the disposal of solid wastes	33811
transported off the premises of the transfer facility for disposal	33812
and shall be collected by the owner or operator of the solid waste	33813
disposal facility where the wastes are disposed of.	33814

(5) The fees levied under divisions (A), (B), and (C) of this	33815
section do not apply to sewage sludge that is generated by a waste	33816
water treatment facility holding a national pollutant discharge	33817
elimination system permit and that is disposed of through	33818
incineration, land application, or composting or at another	33819
resource recovery or disposal facility that is not a landfill.	33820

(6) The fees levied under divisions (A), (B), and (C) of this	33821
section do not apply to solid wastes delivered to a solid waste	33822
composting facility for processing. When any unprocessed solid	33823
waste or compost product is transported off the premises of a	33824
composting facility and disposed of at a landfill, the fees levied	33825
under divisions (A), (B), and (C) of this section shall be	33826
collected by the owner or operator of the landfill where the	33827
unprocessed waste or compost product is disposed of.	33828

(7) When solid wastes that consist of scrap tires are	33829
processed at a scrap tire recovery facility, the fees levied under	33830
divisions (A), (B), and (C) of this section shall be levied upon	33831
the disposal of the fly ash and bottom ash or other solid wastes	33832
remaining after the processing of the scrap tires and shall be	33833
collected by the owner or operator of the solid waste disposal	33834
facility where the ash or other solid wastes are disposed of.	33835

(E) The fees levied under divisions (B) and (C) of this	33836
section shall be collected by the owner or operator of the solid	33837
waste disposal facility where the wastes are disposed of as a	33838
trustee for the county or joint district and municipal corporation	33839
or township where the wastes are disposed of. Moneys from the fees	33840
levied under division (B) of this section shall be forwarded to	33841
the board of county commissioners or board of directors of the	33842
district in accordance with rules adopted under division (H) of	33843
this section. Moneys from the fees levied under division (C) of	33844
this section shall be forwarded to the treasurer or such other	33845
officer of the municipal corporation as, by virtue of the charter,	33846
has the duties of the treasurer or to the clerk of the township,	33847
as appropriate, in accordance with those rules.	33848

(F) Moneys received by the treasurer or such other officer of	33849
the municipal corporation under division (E) of this section shall	33850
be paid into the general fund of the municipal corporation. Moneys	33851
received by the clerk of the township under that division shall be	33852
paid into the general fund of the township. The treasurer or such	33853
other officer of the municipal corporation or the clerk, as	33854
appropriate, shall maintain separate records of the moneys	33855
received from the fees levied under division (C) of this section.	33856

(G) Moneys received by the board of county commissioners or	33857
board of directors under division (E) of this section or section	33858
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	33859
shall be paid to the county treasurer, or other official acting in	33860
a similar capacity under a county charter, in a county district or	33861
to the county treasurer or other official designated by the board	33862
of directors in a joint district and kept in a separate and	33863
distinct fund to the credit of the district. If a regional solid	33864
waste management authority has been formed under section 343.011	33865
of the Revised Code, moneys received by the board of trustees of	33866
that regional authority under division (E) of this section shall	33867
be kept by the board in a separate and distinct fund to the credit	33868
of the district. Moneys in the special fund of the county or joint	33869
district arising from the fees levied under division (B) of this	33870
section and the fee levied under division (A) of section 3734.573	33871
of the Revised Code shall be expended by the board of county	33872
commissioners or directors of the district in accordance with the	33873
district's solid waste management plan or amended plan approved	33874
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	33875
exclusively for the following purposes:	33876

(1) Preparation of the solid waste management plan of the	33877
district under section 3734.54 of the Revised Code, monitoring	33878
implementation of the plan, and conducting the periodic review and	33879
amendment of the plan required by section 3734.56 of the Revised	33880
Code by the solid waste management policy committee;	33881

(2) Implementation of the approved solid waste management	33882
plan or amended plan of the district, including, without	33883
limitation, the development and implementation of solid waste	33884
recycling or reduction programs;	33885

(3) Providing financial assistance to boards of health within	33886
the district, if solid waste facilities are located within the	33887
district, for enforcement of this chapter and rules, orders, and	33888
terms and conditions of permits, licenses, and variances adopted	33889
or issued under it, other than the hazardous waste provisions of	33890
this chapter and rules adopted and orders and terms and conditions	33891
of permits issued under those provisions;	33892

(4) Providing financial assistance to each county within the	33893
district to defray the added costs of maintaining roads and other	33894
public facilities and of providing emergency and other public	33895
services resulting from the location and operation of a solid	33896
waste facility within the county under the district's approved	33897
solid waste management plan or amended plan;	33898

(5) Pursuant to contracts entered into with boards of health	33899
within the district, if solid waste facilities contained in the	33900
district's approved plan or amended plan are located within the	33901
district, for paying the costs incurred by those boards of health	33902
for collecting and analyzing samples from public or private water	33903
wells on lands adjacent to those facilities;	33904

(6) Developing and implementing a program for the inspection	33905
of solid wastes generated outside the boundaries of this state	33906
that are disposed of at solid waste facilities included in the	33907
district's approved solid waste management plan or amended plan;	33908

(7) Providing financial assistance to boards of health within	33909
the district for the enforcement of section 3734.03 of the Revised	33910
Code or to local law enforcement agencies having jurisdiction	33911
within the district for enforcing anti-littering laws and	33912
ordinances;	33913

(8) Providing financial assistance to boards of health of	33914
health districts within the district that are on the approved list	33915
under section 3734.08 of the Revised Code to defray the costs to	33916
the health districts for the participation of their employees	33917
responsible for enforcement of the solid waste provisions of this	33918
chapter and rules adopted and orders and terms and conditions of	33919
permits, licenses, and variances issued under those provisions in	33920
the training and certification program as required by rules	33921
adopted under division (L) of section 3734.02 of the Revised Code;	33922

(9) Providing financial assistance to individual municipal	33923
corporations and townships within the district to defray their	33924
added costs of maintaining roads and other public facilities and	33925
of providing emergency and other public services resulting from	33926
the location and operation within their boundaries of a	33927
composting, energy or resource recovery, incineration, or	33928
recycling facility that either is owned by the district or is	33929
furnishing solid waste management facility or recycling services	33930
to the district pursuant to a contract or agreement with the board	33931
of county commissioners or directors of the district;	33932

(10) Payment of any expenses that are agreed to, awarded, or	33933
ordered to be paid under section 3734.35 of the Revised Code and	33934
of any administrative costs incurred pursuant to that section. In	33935
the case of a joint solid waste management district, if the board	33936
of county commissioners of one of the counties in the district is	33937
negotiating on behalf of affected communities, as defined in that	33938
section, in that county, the board shall obtain the approval of	33939
the board of directors of the district in order to expend moneys	33940
for administrative costs incurred.	33941

Prior to the approval of the district's solid waste	33942
management plan under section 3734.55 of the Revised Code, moneys	33943
in the special fund of the district arising from the fees shall be	33944
expended for those purposes in the manner prescribed by the solid	33945
waste management policy committee by resolution.	33946

Notwithstanding division (G)(6) of this section as it existed	33947
prior to October 29, 1993, or any provision in a district's solid	33948
waste management plan prepared in accordance with division	33949
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	33950
prior to that date, any moneys arising from the fees levied under	33951
division (B)(3) of this section prior to January 1, 1994, may be	33952
expended for any of the purposes authorized in divisions (G)(1) to	33953
(10) of this section.	33954

(H) The director shall adopt rules in accordance with Chapter	33955
119. of the Revised Code prescribing procedures for collecting and	33956
forwarding the fees levied under divisions (B) and (C) of this	33957
section to the boards of county commissioners or directors of	33958
county or joint solid waste management districts and to the	33959
treasurers or other officers of municipal corporations or to the	33960
clerks of townships. The rules also shall prescribe the dates for	33961
forwarding the fees to the boards and officials and may prescribe	33962
any other requirements the director considers necessary or	33963
appropriate to implement and administer divisions (A), (B), and	33964
(C) of this section. Collection of the fees levied under division	33965
(A)(1) of this section shall commence on July 1, 1993. Collection	33966
of the fees levied under division (A)(2) of this section shall	33967
commence on January 1, 1994.	33968

Sec. 3735.27. (A) Whenever the director of development has	33969
determined that there is need for a housing authority in any	33970
portion of any county that comprises two or more political	33971
subdivisions or portions ~~thereof~~of two or more political	33972
subdivisions but is less than all the territory within the county,	33973
a metropolitan housing authority shall be declared to exist, and	33974
the territorial limits ~~thereof~~of the authority shall be defined,	33975
by a letter from the director. The director shall issue a	33976
determination from the department of development declaring that	33977
there is need for a housing authority within ~~such~~those	33978
territorial limits after finding either of the following:	33979

(1) Unsanitary or unsafe inhabited housing accommodations	33980
exist in ~~such~~that area;	33981

(2) There is a shortage of safe and sanitary housing	33982
accommodations in ~~such~~that area available to persons who lack the	33983
amount of income ~~which~~that is necessary, as determined by the	33984
director, to enable them, without financial assistance, to live in	33985
decent, safe, and sanitary dwellings without congestion.	33986

In determining whether dwelling accommodations are unsafe or	33987
unsanitary, the director may take into consideration the degree of	33988
congestion, the percentage of land coverage, the light, air,	33989
space, and access available to the inhabitants of ~~such~~the	33990
dwelling accommodations, the size and arrangement of ~~the~~ rooms,	33991
the sanitary facilities, and the extent to which conditions exist	33992
in ~~such buildings which~~the dwelling accomodations that endanger	33993
life or property by fire or other causes.	33994

The territorial limits of a metropolitan housing authority,	33995
as defined by the director,under this division shall be fixed for	33996
~~such~~the authority upon proof of a letter from the director	33997
declaring the need for ~~such~~the authority to function in those	33998
territorial limits. Any such letter from the director, any	33999
certificate of determination issued by the director, and any	34000
certificate of appointment of members of the authority shall be	34001
admissible in evidence in any suit, action, or proceeding.	34002

A certified copy of the letter from the director, declaring	34003
the existence of a metropolitan housing authority and ~~boundaries~~	34004
the territorial limits of ~~a housing authority~~its district, shall	34005
be immediately forwarded to each appointing authority. A	34006
metropolitan housing authority shall consist of ~~five~~ members, who	34007
~~shall be~~are residents of the territory ~~embraced~~ in ~~such~~	34008
~~metropolitan housing authority district~~which they serve.	34009

(B) Except as otherwise provided in division (C), (D), or (E)	34010
of this section, one member shall be appointed by the probate	34011
court, one member by the court of common pleas, one member by the	34012
board of county commissioners, and two members by the chief	34013
executive officer of the most populous city in the ~~territory~~	34014
~~included in the~~ district, in accordance with the last preceding	34015
federal census. At the time of the initial appointment of the	34016
authority, the member appointed by the probate court shall be	34017
appointed for a period of four years, the ~~appointee of~~member	34018
appointed by the court of common pleas shall be appointed for	34019
three years, the ~~appointee of~~member appointed by the board of	34020
county commissioners shall be appointed for two years, one	34021
~~appointee of the~~member appointed by the chief executive officer	34022
of the most populous city in the district shall be appointed for	34023
one year, and ~~one appointee of~~ the other member appointed by the	34024
chief executive officer of the most populous city in the district	34025
shall be appointed for five years. Thereafter, all members of the	34026
authority shall be appointed for five-year terms, and vacancies	34027
due to expired terms shall be filled ~~by the same appointing powers~~	34028
in the manner provided in the original appointments.	34029

(C) For any metropolitan housing authority district that	34030
contained, as of the 1990 federal census, a population of at least	34031
one million, two members of the authority shall be appointed by	34032
the ~~municipal~~ legislative authority of the most populous city in	34033
the ~~territory included in the~~ district, two members shall be	34034
appointed by the chief executive officer of the most populous city	34035
in the ~~territory included in the~~ district, and one member shall be	34036
appointed by the chief executive officer, with the approval of the	34037
~~municipal~~ legislative authority, of the city in the district ~~which~~	34038
that has the second highest number of housing units owned or	34039
managed by the authority.	34040

At the time of the initial appointment of the authority, one	34041
member appointed by the ~~municipal~~ legislative authority of the	34042
most populous city in the ~~territory included in the~~ district shall	34043
be appointed for three years, and one such member shall be	34044
appointed for one year; the ~~appointee of~~member appointed by the	34045
chief executive officer of the city with the second highest number	34046
of housing units owned or managed by the authority shall be	34047
appointed, with the approval of the ~~municipal~~ legislative	34048
authority, for three years; and one ~~appointee of~~member appointed	34049
by the chief executive officer of the most populous city in the	34050
district shall be appointed for three years, and one such member	34051
shall be appointed for one year. Thereafter, all members of the	34052
authority shall be appointed for three-year terms, and any vacancy	34053
shall be filled by the same appointing power that made the initial	34054
appointment. At the expiration of the term of any member appointed	34055
by the chief executive officer of the most populous city in the	34056
~~territory included in the~~ district prior to March 15, 1983, the	34057
chief executive officer of the most populous city in the district	34058
shall fill the vacancy by appointment for a three-year term. At	34059
the expiration of the term of any member appointed by the board of	34060
county commissioners prior to March 15, 1983, the chief executive	34061
officer of the city in the district with the second highest number	34062
of housing units owned or managed by the authority shall, with the	34063
approval of the municipal legislative authority, fill the vacancy	34064
by appointment for a three-year term. At the expiration of the	34065
term of any member appointed prior to March 15, 1983, by the court	34066
of common pleas or the probate court, the legislative authority of	34067
the most populous city in the ~~territory included in the~~ district	34068
shall fill the vacancy by appointment for a three-year term.	34069

After March 15, 1983, at least one of the members appointed	34070
by the chief executive officer of the most populous city shall be	34071
a resident of a dwelling unit owned or managed by the ~~housing~~	34072
authority. At least one of the initial appointments by the chief	34073
executive officer of the most populous city, after March 15, 1983,	34074
shall be a resident of a dwelling unit owned or managed by the	34075
~~housing~~ authority. Thereafter, any member appointed by the chief	34076
executive officer of the most populous city for the term	34077
established by this initial appointment, or for any succeeding	34078
term ~~thereof~~, shall be a person who resides in a dwelling unit	34079
owned or managed by the ~~housing~~ authority. If there is an elected,	34080
representative body of all residents of the ~~housing~~ authority,	34081
~~then~~ the chief executive officer of the most populous city shall,	34082
whenever there is a vacancy in this resident term, provide written	34083
notice of the vacancy to the representative body. If the	34084
representative body submits to the chief executive officer of the	34085
most populous city, in writing and within sixty days after the	34086
date on which it was notified of the vacancy, the names of at	34087
least five residents of the ~~housing~~ authority who are willing and	34088
qualified to serve as a member, ~~then~~ the chief executive officer	34089
of the most populous city shall appoint to the resident term one	34090
of the residents recommended by the representative body. At no	34091
time shall residents constitute a majority of the members of the	34092
authority.	34093

(D)(1) For any metropolitan housing authority district	34094
located in a county that had, as of the 2000 federal census, a	34095
population of at least four hundred thousand and no city with a	34096
population greater than thirty per cent of the total population of	34097
the county, one member of the authority shall be appointed by the	34098
probate court, one member shall be appointed by the court of	34099
common pleas, one member shall be appointed by the chief executive	34100
officer of the most populous city in the district, and two members	34101
shall be appointed by the board of county commissioners.	34102

(2) At the time of the initial appointment of a metropolitan	34103
housing authority pursuant to this division, the member appointed	34104
by the probate court shall be appointed for a period of four	34105
years, the member appointed by the court of common pleas shall be	34106
appointed for three years, the member appointed by the chief	34107
executive officer of the most populous city shall be appointed for	34108
two years, one member appointed by the board of county	34109
commissioners shall be appointed for one year, and the other	34110
member appointed by the board of county commissioners shall be	34111
appointed for five years. Thereafter, all members of the authority	34112
shall be appointed for five-year terms, with each term ending on	34113
the same day of the same month as the term that it succeeds.	34114
Vacancies shall be filled in the manner provided in the original	34115
appointments. Any member appointed to fill a vacancy occurring	34116
prior to the expiration of the term shall hold office as a member	34117
for the remainder of that term.	34118

(E)(1) An additional two members who are residents shall be	34119
appointed to the metropolitan housing authority in any district	34120
that does not have at least one resident as a member of its	34121
authority. For the purposes of this section, a "resident" is a	34122
person who lives in a housing unit owned or operated by the	34123
housing authority or is a recipient of tenant-based housing	34124
assistance through the federal section 8 housing program, 24	34125
C.F.R. Ch VIII.	34126

(2) One resident member shall reside within a municipal	34127
corporation and one resident member shall reside in an area not	34128
within a municipal corporation. Both resident members may reside	34129
within a municipal corporation in any district in which no	34130
resident resides in an area not within a municipal corporation or	34131
in which no resident not within a municipal corporation is willing	34132
or able to be a member of the authority.	34133

(3) The chief executive officer of the most populous city in	34134
the district shall appoint the resident member residing within a	34135
municipal corporation for an initial term of five years. The board	34136
of county commissioners shall appoint the other resident member	34137
for an initial term of three years. After the initial term, the	34138
terms of both members shall be five years and vacancies shall be	34139
filled in the manner provided in the original appointments. Any	34140
member appointed to fill a vacancy occurring prior to the	34141
expiration date of the term for which the member's predecessor was	34142
appointed shall hold office as a member for the remainder of that	34143
term.	34144

(4) A member appointed as a resident member who no longer	34145
qualifies as a resident shall be deemed unable to serve and	34146
another resident member shall be appointed to serve the unexpired	34147
portion of that term.	34148

(F) Public officials, other than the officers having the	34149
appointing power under this section, shall be eligible to serve as	34150
members, officers, or employees of ~~the~~a metropolitan housing	34151
authority notwithstanding any statute, charter, or law to the	34152
contrary. Not more than two such public officials shall be members	34153
of the authority at any one time.	34154

All members of ~~such housing~~an authority shall serve without	34155
compensation but shall be entitled to be reimbursed for all	34156
necessary expenses incurred. ~~After such~~	34157

After a metropolitan housing authority district ~~has been~~is	34158
formed, the director may enlarge the territory within ~~such~~the	34159
district to include other political subdivisions, or portions	34160
~~thereof~~of other political subdivisions, but the territorial	34161
limits of ~~which~~the district shall be less than that of the	34162
county.	34163

Sec. 3735.67. (A) The owner of real property located in a	34164
community reinvestment area and eligible for exemption from	34165
taxation under a resolution adopted pursuant to section 3735.66 of	34166
the Revised Code may file an application for an exemption from	34167
real property taxation of a percentage of the assessed valuation	34168
of a new structure or remodeling, completed after the effective	34169
date of the resolution adopted pursuant to section 3735.66 of the	34170
Revised Code, with the housing officer designated pursuant to	34171
section 3735.66 of the Revised Code for the community reinvestment	34172
area in which the property is located. If any part of the new	34173
structure or remodeling that would be exempted is of real property	34174
to be used for commercial or industrial purposes, the legislative	34175
authority and the owner of the property shall enter into a written	34176
agreement pursuant to section 3735.671 of the Revised Code prior	34177
to commencement of construction or remodeling; if such an	34178
agreement is subject to approval by the board of education of the	34179
school district within the territory of which the property is or	34180
will be located, the agreement shall not be formally approved by	34181
the legislative authority until the board of education approves	34182
the agreement in the manner prescribed by that section.	34183

(B) The housing officer shall verify the construction of the	34184
new structure or the cost of the remodeling and the facts asserted	34185
in the application. The housing officer shall determine whether	34186
the construction or the cost of the remodeling meets the	34187
requirements for an exemption under this section. In cases	34188
involving a structure of historical or architectural significance,	34189
the housing officer shall not determine whether the remodeling	34190
meets the requirements for a tax exemption unless the	34191
appropriateness of the remodeling has been certified, in writing,	34192
by the society, association, agency, or legislative authority that	34193
has designated the structure or by any organization or person	34194
authorized, in writing, by such society, association, agency, or	34195
legislative authority to certify the appropriateness of the	34196
remodeling.	34197

(C) If the construction or remodeling meets the requirements	34198
for exemption, the housing officer shall forward the application	34199
to the county auditor with a certification as to the division of	34200
this section under which the exemption is granted, and the period	34201
and percentage of the exemption as determined by the legislative	34202
authority pursuant to that division. If the construction or	34203
remodeling is of commercial or industrial property and the	34204
legislative authority is not required to certify a copy of a	34205
resolution under section 3735.671 of the Revised Code, the housing	34206
officer shall comply with the notice requirements prescribed under	34207
section 5709.83 of the Revised Code, unless the board has adopted	34208
a resolution under that section waiving its right to receive such	34209
a notice.	34210

(D) The tax exemption shall first apply in the year the	34211
construction or remodeling would first be taxable but for this	34212
section. In the case of remodeling that qualifies for exemption, a	34213
percentage, not to exceed one hundred per cent, of the amount by	34214
which the remodeling increased the assessed value of the structure	34215
shall be exempted from real property taxation. In the case of	34216
construction of a structure that qualifies for exemption, a	34217
percentage, not to exceed one hundred per cent, of the assessed	34218
value of the structure shall be exempted from real property	34219
taxation. In either case, the percentage shall be the percentage	34220
set forth in the agreement if the structure or remodeling is to be	34221
used for commercial or industrial purposes, or the percentage set	34222
forth in the resolution describing the community reinvestment area	34223
if the structure or remodeling is to be used for residential	34224
purposes.	34225

The construction of new structures and the remodeling of	34226
existing structures are hereby declared to be a public purpose for	34227
which exemptions from real property taxation may be granted for	34228
the following periods:	34229

(1) For every dwelling containing not more than two family	34230
units located within the same community reinvestment area and upon	34231
which the cost of remodeling is at least two thousand five hundred	34232
dollars, a period to be determined by the legislative authority	34233
adopting the resolution describing the community reinvestment area	34234
where the dwelling is located, but not exceeding ten years;	34235

(2) For every dwelling containing more than two units and	34236
commercial or industrial properties, located within the same	34237
community reinvestment area, upon which the cost of remodeling is	34238
at least five thousand dollars, a period to be determined by the	34239
legislative authority adopting the resolution, but not exceeding	34240
twelve years;	34241

(3) For construction of every dwelling, and commercial or	34242
industrial structure located within the same community	34243
reinvestment area, a period to be determined by the legislative	34244
authority adopting the resolution, but not exceeding fifteen	34245
years.	34246

(E) Any person, board, or officer authorized by section	34247
5715.19 of the Revised Code to file complaints with the county	34248
board of revision may file a complaint with the housing officer	34249
challenging the continued exemption of any property granted an	34250
exemption under this section. A complaint against exemption shall	34251
be filed prior to the thirty-first day of December of the tax year	34252
for which taxation of the property is requested. The housing	34253
officer shall determine whether the property continues to meet the	34254
requirements for exemption and shall certify the housing officer's	34255
findings to the complainant. If the housing officer determines	34256
that the property does not meet the requirements for exemption,	34257
the housing officer shall notify the county auditor, who shall	34258
correct the tax list and duplicate accordingly.	34259

Sec. 3735.671. (A) If construction or remodeling of	34260
commercial or industrial property is to be exempted from taxation	34261
pursuant to section 3735.67 of the Revised Code, the legislative	34262
authority and the owner of the property, prior to the commencement	34263
of construction or remodeling, shall enter into a written	34264
agreement, binding on both parties for a period of time that does	34265
not end prior to the end of the period of the exemption, that	34266
includes all of the information and statements prescribed by this	34267
section. Agreements may include terms not prescribed by this	34268
section, but such terms shall in no way derogate from the	34269
information and statements prescribed by this section.	34270

(1) Except as otherwise provided in division (A)(2) or (3) of	34271
this section, an agreement entered into under this section shall	34272
not be approved by the legislative authority unless the board of	34273
education of the city, local, or exempted village school district	34274
within the territory of which the property is or will be located	34275
approves the agreement. For the purpose of obtaining such	34276
approval, the legislative authority shall certify a copy of the	34277
agreement to the board of education not later than forty-five days	34278
prior to approving the agreement, excluding Saturday, Sunday, and	34279
a legal holiday as defined in section 1.14 of the Revised Code.	34280
The board of education, by resolution adopted by a majority of the	34281
board, shall approve or disapprove the agreement and certify a	34282
copy of the resolution to the legislative authority not later than	34283
fourteen days prior to the date stipulated by the legislative	34284
authority as the date upon which approval of the agreement is to	34285
be formally considered by the legislative authority. The board of	34286
education may include in the resolution conditions under which the	34287
board would approve the agreement. The legislative authority may	34288
approve an agreement at any time after the board of education	34289
certifies its resolution approving the agreement to the	34290
legislative authority, or, if the board approves the agreement	34291
conditionally, at any time after the conditions are agreed to by	34292
the board and the legislative authority.	34293

(2) Approval of an agreement by the board of education is not	34294
required under division (A)(1) of this section if, for each tax	34295
year the real property is exempted from taxation, the sum of the	34296
following quantities, as estimated at or prior to the time the	34297
agreement is formally approved by the legislative authority,	34298
equals or exceeds fifty per cent of the amount of taxes, as	34299
estimated at or prior to that time, that would have been charged	34300
and payable that year upon the real property had that property not	34301
been exempted from taxation:	34302

(a) The amount of taxes charged and payable on any portion of	34303
the assessed valuation of the new structure or remodeling that	34304
will not be exempted from taxation under the agreement;	34305

(b) The amount of taxes charged and payable on tangible	34306
personal property located on the premises of the new structure or	34307
of the structure to be remodeled under the agreement, whether	34308
payable by the owner of the structure or by a related member, as	34309
defined in section 5733.042 of the Revised Code without regard to	34310
division (B) of that section.	34311

(c) The amount of any cash payment by the owner of the new	34312
structure or structure to be remodeled to the school district, the	34313
dollar value, as mutually agreed to be the owner and the board of	34314
education, of any property or services provided by the owner of	34315
the property to the school district, whether by gift, loan, or	34316
otherwise, and any payment by the legislative authority to the	34317
school district pursuant to section 5709.82 of the Revised Code.	34318

The estimates of quantities used for purposes of division	34319
(A)(2) of this section shall be estimated by the legislative	34320
authority. The legislative authority shall certify to the board of	34321
education that the estimates have been made in good faith.	34322
Departures of the actual quantities from the estimates subsequent	34323
to approval of the agreement by the board of education do not	34324
invalidate the agreement.	34325

(3) If a board of education has adopted a resolution waiving	34326
its right to approve agreements and the resolution remains in	34327
effect, approval of an agreement by the board is not required	34328
under this division. If a board of education has adopted a	34329
resolution allowing a legislative authority to deliver the notice	34330
required under this division fewer than forty-five business days	34331
prior to the legislative authority's execution of the agreement,	34332
the legislative authority shall deliver the notice to the board	34333
not later than the number of days prior to such execution as	34334
prescribed by the board in its resolution. If a board of education	34335
adopts a resolution waiving its right to approve agreements or	34336
shortening the notification period, the board shall certify a copy	34337
of the resolution to the legislative authority. If the board of	34338
education rescinds such a resolution, it shall certify notice of	34339
the rescission to the legislative authority.	34340

(B) Each agreement shall include the following information:

34341

(1) The names of all parties to the agreement;

34342

(2) A description of the remodeling or construction, whether	34343
or not to be exempted from taxation, including existing or new	34344
structure size and cost thereof; the value of machinery,	34345
equipment, furniture, and fixtures, including an itemization of	34346
the value of machinery, equipment, furniture, and fixtures used at	34347
another location in this state prior to the agreement and	34348
relocated or to be relocated from that location to the property,	34349
and the value of machinery, equipment, furniture, and fixtures at	34350
the facility prior to the execution of the agreement; the value of	34351
inventory at the property, including an itemization of the value	34352
of inventory held at another location in this state prior to the	34353
agreement and relocated or to be relocated from that location to	34354
the property, and the value of inventory held at the property	34355
prior to the execution of the agreement;	34356

(3) The scheduled starting and completion dates of remodeling	34357
or construction of real property or of investments made in	34358
machinery, equipment, furniture, fixtures, and inventory;	34359

(4) Estimates of the number of employee positions to be	34360
created each year of the agreement and of the number of employee	34361
positions retained by the owner due to the remodeling or	34362
construction, itemized as to the number of full-time, part-time,	34363
permanent, and temporary positions;	34364

(5) Estimates of the dollar amount of payroll attributable to	34365
the positions set forth in division (B)(4) of this section,	34366
similarly itemized;	34367

(6) The number of employee positions, if any, at the property	34368
and at any other location in this state at the time the agreement	34369
is executed, itemized as to the number of full-time, part-time,	34370
permanent, and temporary positions.	34371

(C) Each agreement shall set forth the following information	34372
and incorporate the following statements:	34373

(1) A description of real property to be exempted from	34374
taxation under the agreement, the percentage of the assessed	34375
valuation of the real property exempted from taxation, and the	34376
period for which the exemption is granted, accompanied by the	34377
statement: "The exemption commences the first year for which the	34378
real property would first be taxable were that property not	34379
exempted from taxation. No exemption shall commence after	34380
.......... (insert date) nor extend beyond .......... (insert	34381
date)." ~~The tax commissioner shall adopt rules prescribing the~~	34382
~~form the description of such property shall assume in order to~~	34383
~~ensure that the property to be exempted from taxation under the~~	34384
~~agreement is distinguishable from property that is not to be~~	34385
~~exempted under that agreement.~~	34386

(2) ".......... (insert name of owner) shall pay such real	34387
property taxes as are not exempted under this agreement and are	34388
charged against such property and shall file all tax reports and	34389
returns as required by law. If .......... (insert name of owner)	34390
fails to pay such taxes or file such returns and reports,	34391
exemptions from taxation granted under this agreement are	34392
rescinded beginning with the year for which such taxes are charged	34393
or such reports or returns are required to be filed and	34394
thereafter."	34395

(3) ".......... (insert name of owner) hereby certifies that	34396
at the time this agreement is executed, .......... (insert name of	34397
owner) does not owe any delinquent real or tangible personal	34398
property taxes to any taxing authority of the State of Ohio, and	34399
does not owe delinquent taxes for which .......... (insert name of	34400
owner) is liable under Chapter 5733., 5735., 5739., 5741., 5743.,	34401
5747., or 5753. of the Ohio Revised Code, or, if such delinquent	34402
taxes are owed, .......... (insert name of owner) currently is	34403
paying the delinquent taxes pursuant to an undertaking enforceable	34404
by the State of Ohio or an agent or instrumentality thereof, has	34405
filed a petition in bankruptcy under 11 U.S.C.A. 101, et seq., or	34406
such a petition has been filed against .......... (insert name of	34407
owner). For the purposes of this certification, delinquent taxes	34408
are taxes that remain unpaid on the latest day prescribed for	34409
payment without penalty under the chapter of the Revised Code	34410
governing payment of those taxes."	34411

(4) ".......... (insert name of municipal corporation or	34412
county) shall perform such acts as are reasonably necessary or	34413
appropriate to effect, claim, reserve, and maintain exemptions	34414
from taxation granted under this agreement including, without	34415
limitation, joining in the execution of all documentation and	34416
providing any necessary certificates required in connection with	34417
such exemptions."	34418

(5) "If for any reason .......... (insert name of municipal	34419
corporation or county) revokes the designation of the area,	34420
entitlements granted under this agreement shall continue for the	34421
number of years specified under this agreement, unless ..........	34422
(insert name of owner) materially fails to fulfill its obligations	34423
under this agreement and ................... (insert name of	34424
municipal corporation or county) terminates or modifies the	34425
exemptions from taxation pursuant to this agreement."	34426

(6) "If .......... (insert name of owner) materially fails to	34427
fulfill its obligations under this agreement, or if ..........	34428
(insert name of municipal corporation or county) determines that	34429
the certification as to delinquent taxes required by this	34430
agreement is fraudulent, .......... (insert name of municipal	34431
corporation or county) may terminate or modify the exemptions from	34432
taxation granted under this agreement."	34433

(7) ".......... (insert name of owner) shall provide to the	34434
proper tax incentive review council any information reasonably	34435
required by the council to evaluate the applicant's compliance	34436
with the agreement, including returns filed pursuant to section	34437
5711.02 of the Ohio Revised Code if requested by the council."	34438

(8) "This agreement is not transferable or assignable without	34439
the express, written approval of .......... (insert name of	34440
municipal corporation or county)."	34441

(9) "Exemptions from taxation granted under this agreement	34442
shall be revoked if it is determined that ........... (insert name	34443
of owner), any successor to that person, or any related member (as	34444
those terms are defined in division (E) of section 3735.671 of the	34445
Ohio Revised Code) has violated the prohibition against entering	34446
into this agreement under division (E) of section 3735.671 or	34447
section 5709.62 or 5709.63 of the Ohio Revised Code prior to the	34448
time prescribed by that division or either of those sections."	34449

(10) ".......... (insert name of owner) and ...........	34450
(insert name of municipal corporation or county) acknowledge that	34451
this agreement must be approved by formal action of the	34452
legislative authority of .......... (insert name of municipal	34453
corporation or county) as a condition for the agreement to take	34454
effect. This agreement takes effect upon such approval."	34455

The statement described in division (C)(6) of this section	34456
may include the following statement, appended at the end of the	34457
statement: ", and may require the repayment of the amount of taxes	34458
that would have been payable had the property not been exempted	34459
from taxation under this agreement."	34460

(D) Except as otherwise provided in this division, an	34461
agreement entered into under this section shall require that the	34462
owner pay an annual fee equal to the greater of one per cent of	34463
the amount of taxes exempted under the agreement or five hundred	34464
dollars; provided, however, that if the value of the incentives	34465
exceeds two hundred fifty thousand dollars, the fee shall not	34466
exceed two thousand five hundred dollars. The fee shall be payable	34467
to the legislative authority once per year for each year the	34468
agreement is effective on the days and in the form specified in	34469
the agreement. Fees paid shall be deposited in a special fund	34470
created for such purpose by the legislative authority and shall be	34471
used by the legislative authority exclusively for the purpose of	34472
complying with section 3735.672 of the Revised Code and by the tax	34473
incentive review council created under section 5709.85 of the	34474
Revised Code exclusively for the purposes of performing the duties	34475
prescribed under that section. The legislative authority may waive	34476
or reduce the amount of the fee, but such waiver or reduction does	34477
not affect the obligations of the legislative authority or the tax	34478
incentive review council to comply with section 3735.672 or	34479
5709.85 of the Revised Code.	34480

(E) If any person that is party to an agreement granting an	34481
exemption from taxation discontinues operations at the structure	34482
to which that exemption applies prior to the expiration of the	34483
term of the agreement, that person, any successor to that person,	34484
and any related member shall not enter into an agreement under	34485
this section or section 5709.62, 5709.63, or 5709.632 of the	34486
Revised Code, and no legislative authority shall enter into such	34487
an agreement with such a person, successor, or related member,	34488
prior to the expiration of five years after the discontinuation of	34489
operations. As used in this division, "successor" means a person	34490
to which the assets or equity of another person has been	34491
transferred, which transfer resulted in the full or partial	34492
nonrecognition of gain or loss, or resulted in a carryover basis,	34493
both as determined by rule adopted by the tax commissioner.	34494
"Related member" has the same meaning as defined in section	34495
5733.042 of the Revised Code without regard to division (B) of	34496
that section.	34497

The director of development shall review all agreements	34498
submitted to the director under division (F) of this section for	34499
the purpose of enforcing this division. If the director determines	34500
there has been a violation of this division, the director shall	34501
notify the legislative authority of such violation, and the	34502
legislative authority immediately shall revoke the exemption	34503
granted under the agreement.	34504

(F) When an agreement is entered into under this section, the	34505
legislative authority authorizing the agreement shall forward a	34506
copy of the agreement to the director of development ~~and to the~~	34507
~~tax commissioner~~ within fifteen days after the agreement is	34508
entered into.	34509

Sec. 3737.81. (A) There is hereby created the state fire	34510
commission consisting of ten members to be appointed by the	34511
governor with the advice and consent of the senate. The fire	34512
marshal or chief deputy fire marshal, a representative designated	34513
by the department of public safety who has tenure in fire	34514
suppression, and a representative designated by the board of	34515
building standards shall be ex officio members. Of the initial	34516
appointments made to the commission, two shall be for a term	34517
ending one year after November 1, 1978, two shall be for a term	34518
ending two years after that date, two shall be for a term ending	34519
three years after that date, two shall be for a term ending four	34520
years after that date, and two shall be for a term ending five	34521
years after that date. Thereafter, terms of office shall be for	34522
five years, each term ending on the same day of the same month of	34523
the year as did the term which it succeeds. Each member shall hold	34524
office from the date of appointment until the end of the term for	34525
which the member was appointed. Any member appointed to fill a	34526
vacancy occurring prior to the expiration of the term for which	34527
the member's predecessor was appointed shall hold office for the	34528
remainder of that term. Any member shall continue in office	34529
subsequent to the expiration date of the member's term until a	34530
successor takes office, or until a period of sixty days has	34531
elapsed, whichever occurs first. Members shall be qualified by	34532
experience and training to deal with the matters that are the	34533
responsibility of the commission. Two members shall be members of	34534
paid fire services, one shall be a member of volunteer fire	34535
services, two shall be mayors, managers, or members of legislative	34536
authorities of municipal corporations, one shall represent	34537
commerce and industry, one shall be a representative of a fire	34538
insurance company domiciled in this state, one shall represent the	34539
flammable liquids industry, one shall represent the construction	34540
industry, and one shall represent the public. At no time shall	34541
more than six members be members of or associated with the same	34542
political party. Membership on the commission shall not constitute	34543
holding a public office, and no person shall forfeit or otherwise	34544
vacate the person's office or position of employment because of	34545
membership on the commission.	34546

(B) The ex officio members may not vote, except that the fire	34547
marshal or chief deputy fire marshal may vote in case of a tie.	34548

(C) Each member of the commission, other than ex officio	34549
members, shall be paid an amount ~~equal to that payable under pay~~	34550
~~range 32 (S)(D)~~ fixed pursuant to division (J) of section 124.15	34551
of the Revised Code, and the member's actual and necessary	34552
expenses.	34553

(D) The commission shall select a chairperson and a	34554
vice-chairperson from among its members. No business may be	34555
transacted in the absence of a quorum. A quorum shall be at least	34556
six members, excluding ex officio members, and shall include	34557
either the chairperson or vice-chairperson. The commission shall	34558
hold regular meetings at least once every two months and may meet	34559
at any other time at the call of the chairperson.	34560

(E) The fire marshal shall provide the commission with office	34561
space, meeting rooms, staff, and clerical assistance necessary for	34562
the commission to perform its duties. If the commission maintains	34563
the Ohio fire service hall of fame under division (C) of section	34564
3737.03 of the Revised Code, the fire marshal shall preserve, in	34565
an appropriate manner, in the office space or meeting rooms	34566
provided to the commission under this division or in another	34567
location, copies of all official commendations awarded to	34568
individuals recognized and commemorated for their exemplary	34569
accomplishments and acts of heroism at fire-related incidents or	34570
similar events that occurred in this state.	34571

(F) If the commission maintains the Ohio fire service hall of	34572
fame under division (C) of section 3737.03 of the Revised Code,	34573
the expenses incurred for the recognition and commemoration of	34574
individuals for their exemplary accomplishments and acts of	34575
heroism at fire-related incidents or similar events that occurred	34576
in this state, including, but not limited to, expenses for	34577
official commendations and an annual awards ceremony as described	34578
in division (C) of section 3737.03 of the Revised Code, may be	34579
paid from moneys appropriated by the general assembly for purposes	34580
of that recognition and commemoration, from moneys that are	34581
available to the fire marshal under this chapter, or from other	34582
funding sources available to the commission.	34583

Sec. 3745.04. As used in this section, "any person" means any	34584
individual, any partnership, corporation, association, or other	34585
legal entity, or any political subdivision, instrumentality, or	34586
agency of a state, whether or not the individual or legal entity	34587
is an applicant for or holder of a license, permit, or variance	34588
from the environmental protection agency, and includes any	34589
department, agency, or instrumentality of the federal government	34590
that is an applicant for or holder of a license, permit, or	34591
variance from the environmental protection agency.	34592

As used in this section, "action" or "act" includes the	34593
adoption, modification, or repeal of a rule or standard, the	34594
issuance, modification, or revocation of any lawful order other	34595
than an emergency order, and the issuance, denial, modification,	34596
or revocation of a license, permit, lease, variance, or	34597
certificate, or the approval or disapproval of plans and	34598
specifications pursuant to law or rules adopted thereunder.	34599

Any person who was a party to a proceeding before the	34600
director of environmental protection may participate in an appeal	34601
to the environmental review appeals commission for an order	34602
vacating or modifying the action of the director or a local board	34603
of health, or ordering the director or board of health to perform	34604
an act. The environmental review appeals commission has exclusive	34605
original jurisdiction over any matter that may, under this	34606
section, be brought before it.	34607

The person so appealing to the commission shall be known as	34608
appellant, and the director and any party to a proceeding	34609
substantially supporting the finding from which the appeal is	34610
taken shall be known as appellee, except that when an appeal	34611
involves a license to operate a disposal site or facility, the	34612
local board of health or the director of environmental protection,	34613
and any party to a proceeding substantially supporting the finding	34614
from which the appeal is taken, shall, as appropriate, be known as	34615
the appellee. Appellant and appellee shall be deemed to be parties	34616
to the appeal.	34617

The appeal shall be in writing and shall set forth the action	34618
complained of and the grounds upon which the appeal is based.	34619

The appeal shall be filed with the commission within thirty	34620
days after notice of the action. Notice of the filing of the	34621
appeal shall be filed with the appellee within three days after	34622
the appeal is filed with the commission.	34623

The appeal shall be accompanied by a filing fee of ~~sixty~~	34624
seventy dollars, which the commission, in its discretion, may	34625
~~waive in cases of~~reduce if by affidavit the appellant	34626
demonstrates that payment of the full amount of the fee would	34627
cause extreme hardship.	34628

Within seven days after receipt of the notice of appeal, the	34629
director or local board of health shall prepare and certify to the	34630
commission a record of the proceedings out of which the appeal	34631
arises, including all documents and correspondence, and a	34632
transcript of all testimony.	34633

Upon the filing of the appeal, the commission shall fix the	34634
time and place at which the hearing on the appeal will be held.	34635
The commission shall give the appellant and the appellee at least	34636
ten days' written notice thereof by certified mail. The commission	34637
shall hold the hearing within thirty days after the notice of	34638
appeal is filed. The commission may postpone or continue any	34639
hearing upon its own motion or upon application of the appellant	34640
or of the appellee.	34641

The filing of an appeal does not automatically suspend or	34642
stay execution of the action appealed from. Upon application by	34643
the appellant, the commission may suspend or stay the execution	34644
pending immediate determination of the appeal without interruption	34645
by continuances, other than for unavoidable circumstances.	34646

As used in this section and sections 3745.05 and 3745.06 of	34647
the Revised Code, "director of environmental protection" and	34648
"director" are deemed to include the director of agriculture and	34649
"environmental protection agency" is deemed to include the	34650
department of agriculture with respect to actions that are	34651
appealable to the commission under Chapter 903. of the Revised	34652
Code.	34653

Sec. 3745.11. (A) Applicants for and holders of permits,	34654
licenses, variances, plan approvals, and certifications issued by	34655
the director of environmental protection pursuant to Chapters	34656
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	34657
to the environmental protection agency for each such issuance and	34658
each application for an issuance as provided by this section. No	34659
fee shall be charged for any issuance for which no application has	34660
been submitted to the director.	34661

(B) ~~Prior to January 1, 1994, each~~Each person who is issued	34662
a ~~permit to operate, variance, or~~ permit to install prior to July	34663
1, 2003, pursuant to rules adopted under division (F) of section	34664
3704.03 of the Revised Code shall pay the fees specified in the	34665
following ~~schedule~~schedules:	34666

(1) Fuel-Burning Equipment (boilers)

34667

Input capacity (maximum)	~~Permit~~		Permit	34668
(million British	to		to	34669
thermal units per hour)	~~operate~~	~~Variance~~	install	34670

Greater than 0 ~~or more~~, but	~~$ 75~~	~~$225~~	$ ~~100~~ 200	34671
less than 10				34672
10 or more, but less than 100	~~210~~	~~450~~	~~390~~ 400	34673
100 or more, but less than 300	~~270~~	~~675~~	~~585~~ 800	34674
300 or more, but less than 500	~~330~~	~~900~~	~~780~~ 1500	34675
500 or more, but less than 1000	~~500~~	~~975~~	~~1000~~ 2500	34676
1000 or more, but less than 5000			4000	34677
5000 or more			6000	34678

Units burning exclusively natural gas, number two fuel oil,	34679
or both shall be assessed a fee that is one-half of the applicable	34680
amount established in division (F)(1) of this section.	34681

~~Any fuel-burning equipment using only natural gas, propane,~~	34682
~~liquefied petroleum gas, or number two or lighter fuel oil shall~~	34683
~~be assessed a fee one-half of that shown.~~	34684

(2) Incinerators

34685

	~~Permit~~		Permit	34686
Input capacity	to		to	34687
(pounds per hour)	~~operate~~	~~Variance~~	install	34688

0 to 50 100	~~$ 50~~	~~$225~~	$ 65 100	34689
51 101 to 500	~~210~~	~~450~~	~~390~~ 400	34690
501 to 2000	~~270~~	~~675~~	~~585~~ 750	34691
2001 to ~~30,000~~ 20,000	~~330~~	~~900~~	~~780~~ 1000	34692
more than ~~30,000~~ 20,000	~~500~~	~~975~~	~~1000~~ 2500	34693

~~(3)~~(a) Process

34694

	~~Permit~~		Permit	34695
Process weight rate	to		to	34696
(pounds per hour)	~~operate~~	~~Variance~~	install	34697

0 to 1000	~~$100~~	~~$225~~	$ 200	34698
1001 to 5000	~~210~~	~~450~~	~~390~~ 400	34699
5001 to 10,000	~~270~~	~~675~~	~~585~~ 600	34700
10,001 to 50,000	~~330~~	~~900~~	~~780~~ 800	34701
more than 50,000	~~500~~	~~975~~	1000	34702

In any process where process weight rate cannot be	34703
ascertained, the minimum fee shall be assessed.	34704

(b) Notwithstanding division (B)(3)(a) of this section, any	34705
person issued a permit to install pursuant to rules adopted under	34706
division (F) of section 3704.03 of the Revised Code shall pay the	34707
fees established in division (B)(3)(c) of this section for a	34708
process used in any of the following industries, as identified by	34709
the applicable four-digit standard industrial classification code	34710
according to the Standard Industrial Classification Manual	34711
published by the United States office of management and budget in	34712
the executive office of the president, 1972, as revised:	34713

1211 Bituminous coal and lignite mining;

34714

1213 Bituminous coal and lignite mining services;

34715

1411 Dimension stone;

34716

1422 Crushed and broken limestone;

34717

1427 Crushed and broken stone, not elsewhere classified;

34718

1442 Construction sand and gravel;

34719

1446 Industrial sand;

34720

3281 Cut stone and stone products;

34721

3295 Minerals and earth, ground or otherwise treated.

34722

(c) The fees established in the following schedule apply to	34723
the issuance of a permit to install pursuant to rules adopted	34724
under division (F) of section 3704.03 of the Revised Code for a	34725
process listed in division (B)(3)(b) of this section:	34726

Process weight rate	Permit to		34727
(pounds per hour)	install		34728

0 to 1000	$ 200	34729
10,001 to 50,000	300	34730
50,001 to 100,000	400	34731
100,001 to 200,000	500	34732
200,001 to 400,000	600	34733
400,001 or more	700	34734

(4) Storage tanks

34735

Gallons (maximum useful capacity)	~~Permit~~		Permit	34736
	to		to	34737
	~~operate~~	~~Variance~~	install	34738
				34739

~~Less than 40,000~~ 0 to 20,000	~~$150~~	~~$225~~	$ ~~195~~ 100	34740
20,001 to 40,000 ~~or more, but less~~				34741
~~than 100,000~~	~~210~~	~~450~~	~~390~~ 150	34742
~~100,000 or more, but less~~				34743
~~than 400,000~~	~~270~~	~~675~~	~~585~~	34744
~~400,000 or more, but less~~				34745
~~than~~ 40,001 to 100,000			200	34746
100,001 to 250,000			250	34747
250,001 to 500,000			350	34748
500,001 to 1,000,000	~~330~~	~~900~~	~~780~~ 500	34749
~~1,000,000~~ 1,000,001 or ~~more~~ greater	~~500~~	~~975~~	~~1000~~ 750	34750

(5) ~~Gasoline~~

34751

Gasoline/fuel dispensing	~~Permit~~		Permit	34752
facilities	to		to	34753
	~~operate~~	~~Variance~~	install	34754

For each gasoline/fuel					34755
dispensing facility	~~$20~~	~~$100~~	$50 100		34756

(6) ~~Dry cleaning~~

34757

Dry cleaning	~~Permit~~		Permit	34758
facilities	to		to	34759
	~~operate~~	~~Variance~~	install	34760

For each dry cleaning				34761
facility (includes all units	~~$50~~	~~$200~~	$100	34762
at the facility)				34763

(7) ~~Coal mining operations regulated under Chapter 1513. of~~	34764
~~the Revised Code shall be assessed a fee of two hundred fifty~~	34765
~~dollars per mine or location.~~Registration status	34766

	Permit	34767
	to	34768
	install	34769
For each source covered by registration status	$75	34770

(C)(1) Except as otherwise provided in division (C)(2) of	34771
this section, beginning July 1, 1994, each person who owns or	34772
operates an air contaminant source and who is required to apply	34773
for and obtain a Title V permit under section 3704.036 of the	34774
Revised Code shall pay the fees set forth in division (C)(1) of	34775
this section. For the purposes of that division, total emissions	34776
of air contaminants may be calculated using engineering	34777
calculations, emissions factors, material balance calculations, or	34778
performance testing procedures, as authorized by the director.	34779

The following fees shall be assessed on the total actual	34780
emissions from a source in tons per year of the regulated	34781
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	34782
organic compounds, and lead:	34783

(a) Fifteen dollars per ton on the total actual emissions of	34784
each such regulated pollutant during the period July through	34785
December 1993, to be collected no sooner than July 1, 1994;	34786

(b) Twenty dollars per ton on the total actual emissions of	34787
each such regulated pollutant during calendar year 1994, to be	34788
collected no sooner than April 15, 1995;	34789

(c) Twenty-five dollars per ton on the total actual emissions	34790
of each such regulated pollutant in calendar year 1995, and each	34791
subsequent calendar year, to be collected no sooner than the	34792
fifteenth day of April of the year next succeeding the calendar	34793
year in which the emissions occurred.	34794

The fees levied under division (C)(1) of this section do not	34795
apply to that portion of the emissions of a regulated pollutant at	34796
a facility that exceed four thousand tons during a calendar year.	34797

(2) The fees assessed under division (C)(1) of this section	34798
are for the purpose of providing funding for the Title V permit	34799
program.	34800

(3) The fees assessed under division (C)(1) of this section	34801
do not apply to emissions from any electric generating unit	34802
designated as a Phase I unit under Title IV of the federal Clean	34803
Air Act prior to calendar year 2000. Those fees shall be assessed	34804
on the emissions from such a generating unit commencing in	34805
calendar year 2001 based upon the total actual emissions from the	34806
generating unit during calendar year 2000 and shall continue to be	34807
assessed each subsequent calendar year based on the total actual	34808
emissions from the generating unit during the preceding calendar	34809
year.	34810

(4) The director shall issue invoices to owners or operators	34811
of air contaminant sources who are required to pay a fee assessed	34812
under division (C) or (D) of this section. Any such invoice shall	34813
be issued no sooner than the applicable date when the fee first	34814
may be collected in a year under the applicable division, shall	34815
identify the nature and amount of the fee assessed, and shall	34816
indicate that the fee is required to be paid within thirty days	34817
after the issuance of the invoice.	34818

(D)(1) Except as provided in division (D)~~(2)~~(3) of this	34819
section, ~~beginning~~from January 1, 1994, through December 31,	34820
2003, each person who owns or operates an air contaminant source;	34821
who is required to apply for a permit to operate pursuant to rules	34822
adopted under division (G), or a variance pursuant to division	34823
(H), of section 3704.03 of the Revised Code; and who is not	34824
required to apply for and obtain a Title V permit under section	34825
3704.036 of the Revised Code shall pay a single fee based upon the	34826
sum of the actual annual emissions from the facility of the	34827
regulated pollutants particulate matter, sulfur dioxide, nitrogen	34828
oxides, organic compounds, and lead in accordance with the	34829
following schedule:	34830

Total tons per year		34831
of regulated pollutants	Annual fee	34832
emitted	per facility	34833
More than 0, but less than 50	$ 75	34834
50 or more, but less than 100	300	34835
100 or more	700	34836

(2) Except as provided in division (D)(3) of this section,	34837
beginning January 1, 2004, each person who owns or operates an air	34838
contaminant source; who is required to apply for a permit to	34839
operate pursuant to rules adopted under division (G), or a	34840
variance pursuant to division (H), of section 3704.03 of the	34841
Revised Code; and who is not required to apply for and obtain a	34842
Title V permit under section 3704.03 of the Revised Code shall pay	34843
a single fee based upon the sum of the actual annual emissions	34844
from the facility of the regulated pollutants particulate matter,	34845
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	34846
accordance with the following schedule:	34847

Total tons per year		34848
of regulated pollutants	Annual fee	34849
emitted	per facility	34850
More than 0, but less than 10	$ 100	34851
10 or more, but less than 50	200	34852
50 or more, but less than 100	300	34853
100 or more	700	34854

(3)(a) As used in division (D) of this section, "synthetic	34855
minor facility" means a facility for which one or more permits to	34856
install or permits to operate have been issued for the air	34857
contaminant sources at the facility that include terms and	34858
conditions that lower the facility's potential to emit air	34859
contaminants below the major source thresholds established in	34860
rules adopted under section 3704.036 of the Revised Code.	34861

(b) Beginning January 1, 2000, through June 30, ~~2004~~2006,	34862
each person who owns or operates a synthetic minor facility shall	34863
pay an annual fee based on the sum of the actual annual emissions	34864
from the facility of particulate matter, sulfur dioxide, nitrogen	34865
dioxide, organic compounds, and lead in accordance with the	34866
following schedule:	34867

Combined total tons		34868
per year of all regulated	Annual fee	34869
pollutants emitted	per facility	34870

Less than 10	$ 170	34871
10 or more, but less than 20	340	34872
20 or more, but less than 30	670	34873
30 or more, but less than 40	1,010	34874
40 or more, but less than 50	1,340	34875
50 or more, but less than 60	1,680	34876
60 or more, but less than 70	2,010	34877
70 or more, but less than 80	2,350	34878
80 or more, but less than 90	2,680	34879
90 or more, but less than 100	3,020	34880
100 or more	3,350	34881

~~(3)~~(4) The fees assessed under division (D)(1) of this	34882
section shall be collected annually no sooner than the fifteenth	34883
day of April, commencing in 1995. The fees assessed under division	34884
(D)(2) of this section shall be collected annually no sooner than	34885
the fifteenth day of April, commencing in 2005. The fees assessed	34886
under division (D)~~(2)~~(3) of this section shall be collected no	34887
sooner than the fifteenth day of April, commencing in 2000. The	34888
fees assessed under division (D) of this section in a calendar	34889
year shall be based upon the sum of the actual emissions of those	34890
regulated pollutants during the preceding calendar year. For the	34891
purpose of division (D) of this section, emissions of air	34892
contaminants may be calculated using engineering calculations,	34893
emission factors, material balance calculations, or performance	34894
testing procedures, as authorized by the director. The director,	34895
by rule, may require persons who are required to pay the fees	34896
assessed under division (D) of this section to pay those fees	34897
biennially rather than annually.	34898

(E)(1) Consistent with the need to cover the reasonable costs	34899
of the Title V permit program, the director annually shall	34900
increase the fees prescribed in division (C)(1) of this section by	34901
the percentage, if any, by which the consumer price index for the	34902
most recent calendar year ending before the beginning of a year	34903
exceeds the consumer price index for calendar year 1989. Upon	34904
calculating an increase in fees authorized by division (E)(1) of	34905
this section, the director shall compile revised fee schedules for	34906
the purposes of division (C)(1) of this section and shall make the	34907
revised schedules available to persons required to pay the fees	34908
assessed under that division and to the public.	34909

(2) For the purposes of division (E)(1) of this section:

34910

(a) The consumer price index for any year is the average of	34911
the consumer price index for all urban consumers published by the	34912
United States department of labor as of the close of the	34913
twelve-month period ending on the thirty-first day of August of	34914
that year.	34915

(b) If the 1989 consumer price index is revised, the director	34916
shall use the revision of the consumer price index that is most	34917
consistent with that for calendar year 1989.	34918

(F) Each person who is issued a permit to install pursuant to	34919
rules adopted under division (F) of section 3704.03 of the Revised	34920
Code on or after ~~January 1, 1994~~July 1, 2003, shall pay the fees	34921
specified in the following schedules:	34922

(1) Fuel-burning equipment (boilers, furnaces, or process	34923
heaters used in the process of burning fuel for the primary	34924
purpose of producing heat or power by indirect heat transfer)	34925

Input capacity (maximum)		34926
(million British thermal units per hour)	Permit to install	34927
Greater than 0, but less than 10	$ 200	34928
10 or more, but less than 100	400	34929
100 or more, but less than 300	~~800~~ 1000	34930
300 or more, but less than 500	~~1500~~ 2250	34931
500 or more, but less than 1000	~~2500~~ 3750	34932
1000 or more, but less than 5000	~~4000~~ 6000	34933
5000 or more	~~6000~~ 9000	34934

Units burning exclusively natural gas, number two fuel oil,	34935
or both shall be assessed a fee that is one-half the applicable	34936
amount shown in division (F)(1) of this section.	34937

(2) Combustion turbines and stationary internal combustion	34938
engines designed to generate electricity	34939

Generating capacity (mega watts)	Permit to install	34940
0 or more, but less than 10	$ 25	34941
10 or more, but less than 25	150	34942
25 or more, but less than 50	300	34943
50 or more, but less than 100	500	34944
100 or more, but less than 250	1000	34945
250 or more	2000	34946

(3) Incinerators

34947

Input capacity (pounds per hour)	Permit to install	34948
0 to 100	$ 100	34949
101 to 500	~~400~~ 500	34950
501 to 2000	~~750~~ 1000	34951
2001 to 20,000	~~1000~~ 1500	34952
more than 20,000	~~2500~~ 3750	34953

~~(3)~~(4)(a) Process

34954

Process weight rate (pounds per hour)	Permit to install	34955
0 to 1000	$ 200	34956
1001 to 5000	~~400~~ 500	34957
5001 to 10,000	~~600~~ 750	34958
10,001 to 50,000	~~800~~ 1000	34959
more than 50,000	~~1000~~ 1250	34960

In any process where process weight rate cannot be	34961
ascertained, the minimum fee shall be assessed. A boiler, furnace,	34962
combustion turbine, stationary internal combustion engine, or	34963
process heater designed to provide direct heat or power to a	34964
process not designed to generate electricity shall be assessed a	34965
fee established in division (F)(4)(a) of this section. A	34966
combustion turbine or stationary internal combustion engine	34967
designed to generate electricity shall be assessed a fee	34968
established in division (F)(2) of this section.	34969

(b) Notwithstanding division (F)(3)(a) of this section, any	34970
person issued a permit to install pursuant to rules adopted under	34971
division (F) of section 3704.03 of the Revised Code shall pay the	34972
fees set forth in division (F)(3)(c) of this section for a process	34973
used in any of the following industries, as identified by the	34974
applicable four-digit standard industrial classification code	34975
according to the Standard Industrial Classification Manual	34976
published by the United States office of management and budget in	34977
the executive office of the president, 1972, as revised:	34978

1211 Bituminous coal and lignite mining;

34979

1213 Bituminous coal and lignite mining services;

34980

1411 Dimension stone;

34981

1422 Crushed and broken limestone;

34982

1427 Crushed and broken stone, not elsewhere classified;

34983

1442 Construction sand and gravel;

34984

1446 Industrial sand;

34985

3281 Cut stone and stone products;

34986

3295 Minerals and earth, ground or otherwise treated.

34987

(c) The fees set forth in the following schedule apply to the	34988
issuance of a permit to install pursuant to rules adopted under	34989
division (F) of section 3704.03 of the Revised Code for a process	34990
identified in division (F)(3)(b) of this section:	34991

~~Gallons (maximum~~		34992
~~useful capacity~~ Process weight rate (pounds per hour)	Permit to install	34993
0 to ~~20,000~~ 10,000	$ ~~100~~ 200	34994
~~20,001~~ 10,001 to ~~40,000~~ 50,000	~~150~~ 400	34995
~~40,001~~ 50,001 to 100,000	~~200~~ 500	34996
100,001 to ~~250,000~~ 200,000	~~250~~ 600	34997
~~250,001~~ 200,001 to ~~500,000~~ 400,000	~~350~~ 750	34998
~~500,001 to 1,000,000~~	~~500~~	34999
~~1,000,001~~ 400,001 or ~~greater~~ more	~~750~~ 900	35000

~~(4)~~(5) Storage tanks

35001

Gallons (maximum useful capacity)	Permit to install	35002
0 to 20,000	$ 100	35003
20,001 to 40,000	150	35004
40,001 to 100,000	~~200~~ 250	35005
100,001 ~~to 250,000~~	~~250~~	35006
~~250,001~~ to 500,000	~~350~~ 400	35007
500,001 ~~to 1,000,000~~	~~500~~	35008
~~1,000,001~~ or greater	750	35009

~~(5)~~(6) Gasoline/fuel dispensing facilities

35010

For each gasoline/fuel			Permit to install			35011
dispensing facility (includes all units at the facility)			$ 100			35012

~~(6)~~(7) Dry cleaning facilities

35013

For each dry cleaning		35014
facility (includes all units	Permit to install	35015
at the facility)	$ 100	35016

~~(7)~~(8) Registration status

35017

For each source covered			Permit to install			35018
by registration status			$ 75			35019

(G) An owner or operator who is responsible for an asbestos	35020
demolition or renovation project pursuant to rules adopted under	35021
section 3704.03 of the Revised Code shall pay the fees set forth	35022
in the following schedule:	35023

Action	Fee	35024
Each notification	$75	35025
Asbestos removal	$3/unit	35026
Asbestos cleanup	$4/cubic yard	35027

For purposes of this division, "unit" means any combination of	35028
linear feet or square feet equal to fifty.	35029

(H) A person who is issued an extension of time for a permit	35030
to install an air contaminant source pursuant to rules adopted	35031
under division (F) of section 3704.03 of the Revised Code shall	35032
pay a fee equal to one-half the fee originally assessed for the	35033
permit to install under this section, except that the fee for such	35034
an extension shall not exceed two hundred dollars.	35035

(I) A person who is issued a modification to a permit to	35036
install an air contaminant source pursuant to rules adopted under	35037
section 3704.03 of the Revised Code shall pay a fee equal to	35038
one-half of the fee that would be assessed under this section to	35039
obtain a permit to install the source. The fee assessed by this	35040
division only applies to modifications that are initiated by the	35041
owner or operator of the source and shall not exceed two thousand	35042
dollars.	35043

(J) Notwithstanding division (B) or (F) of this section, a	35044
person who applies for or obtains a permit to install pursuant to	35045
rules adopted under division (F) of section 3704.03 of the Revised	35046
Code after the date actual construction of the source began shall	35047
pay a fee for the permit to install that is equal to twice the fee	35048
that otherwise would be assessed under the applicable division	35049
unless the applicant received authorization to begin construction	35050
under division (W) of section 3704.03 of the Revised Code. This	35051
division only applies to sources for which actual construction of	35052
the source begins on or after July 1, 1993. The imposition or	35053
payment of the fee established in this division does not preclude	35054
the director from taking any administrative or judicial	35055
enforcement action under this chapter, Chapter 3704., 3714.,	35056
3734., or 6111. of the Revised Code, or a rule adopted under any	35057
of them, in connection with a violation of rules adopted under	35058
division (F) of section 3704.03 of the Revised Code.	35059

As used in this division, "actual construction of the source"	35060
means the initiation of physical on-site construction activities	35061
in connection with improvements to the source that are permanent	35062
in nature, including, without limitation, the installation of	35063
building supports and foundations and the laying of underground	35064
pipework.	35065

(K) Fifty cents per ton of each fee assessed under division	35066
(C) of this section on actual emissions from a source and received	35067
by the environmental protection agency pursuant to that division	35068
shall be deposited into the state treasury to the credit of the	35069
small business assistance fund created in section 3706.19 of the	35070
Revised Code. The remainder of the moneys received by the division	35071
pursuant to that division and moneys received by the agency	35072
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	35073
section shall be deposited in the state treasury to the credit of	35074
the clean air fund created in section 3704.035 of the Revised	35075
Code.	35076

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	35077
or (c) of this section, a person issued a water discharge permit	35078
or renewal of a water discharge permit pursuant to Chapter 6111.	35079
of the Revised Code shall pay a fee based on each point source to	35080
which the issuance is applicable in accordance with the following	35081
schedule:	35082

Design flow discharge (gallons per day)	Fee	35083
0 to 1000	$ 0	35084
1,001 to 5000	100	35085
5,001 to 50,000	200	35086
50,001 to 100,000	300	35087
100,001 to 300,000	525	35088
over 300,000	750	35089

(b) Notwithstanding the fee schedule specified in division	35090
(L)(1)(a) of this section, the fee for a water discharge permit	35091
that is applicable to coal mining operations regulated under	35092
Chapter 1513. of the Revised Code shall be two hundred fifty	35093
dollars per mine.	35094

(c) Notwithstanding the fee schedule specified in division	35095
(L)(1)(a) of this section, the fee for a water discharge permit	35096
for a public discharger identified by I in the third character of	35097
the permittee's NPDES permit number shall not exceed seven hundred	35098
fifty dollars.	35099

(2) A person applying for a plan approval for a wastewater	35100
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	35101
of the Revised Code shall pay a fee of one hundred dollars plus	35102
sixty-five one-hundredths of one per cent of the estimated project	35103
cost through June 30, ~~2004~~2006, and one hundred dollars plus	35104
two-tenths of one per cent of the estimated project cost on and	35105
after July 1, ~~2004~~2006, except that the total fee shall not	35106
exceed fifteen thousand dollars through June 30, ~~2004~~2006, and	35107
five thousand dollars on and after July 1, ~~2004~~2006. The fee	35108
shall be paid at the time the application is submitted.	35109

(3) A person issued a modification of a water discharge	35110
permit shall pay a fee equal to one-half the fee that otherwise	35111
would be charged for a water discharge permit, except that the fee	35112
for the modification shall not exceed four hundred dollars.	35113

(4) A person who has entered into an agreement with the	35114
director under section 6111.14 of the Revised Code shall pay an	35115
administrative service fee for each plan submitted under that	35116
section for approval that shall not exceed the minimum amount	35117
necessary to pay administrative costs directly attributable to	35118
processing plan approvals. The director annually shall calculate	35119
the fee and shall notify all persons who have entered into	35120
agreements under that section, or who have applied for agreements,	35121
of the amount of the fee.	35122

(5)(a)(i) Not later than January 30, ~~2002~~2004, and January	35123
30, ~~2003~~2005, a person holding an NPDES discharge permit issued	35124
pursuant to Chapter 6111. of the Revised Code with an average	35125
daily discharge flow of five thousand gallons or more shall pay a	35126
nonrefundable annual discharge fee. Any person who fails to pay	35127
the fee at that time shall pay an additional amount that equals	35128
ten per cent of the required annual discharge fee.	35129

(ii) The billing year for the annual discharge fee	35130
established in division (L)(5)(a)(i) of this section shall consist	35131
of a twelve-month period beginning on the first day of January of	35132
the year preceding the date when the annual discharge fee is due.	35133
In the case of an existing source that permanently ceases to	35134
discharge during a billing year, the director shall reduce the	35135
annual discharge fee, including the surcharge applicable to	35136
certain industrial facilities pursuant to division (L)(5)(c) of	35137
this section, by one-twelfth for each full month during the	35138
billing year that the source was not discharging, but only if the	35139
person holding the NPDES discharge permit for the source notifies	35140
the director in writing, not later than the first day of October	35141
of the billing year, of the circumstances causing the cessation of	35142
discharge.	35143

(iii) The annual discharge fee established in division	35144
(L)(5)(a)(i) of this section, except for the surcharge applicable	35145
to certain industrial facilities pursuant to division (L)(5)(c) of	35146
this section, shall be based upon the average daily discharge flow	35147
in gallons per day calculated using first day of May through	35148
thirty-first day of October flow data for the period two years	35149
prior to the date on which the fee is due. In the case of NPDES	35150
discharge permits for new sources, the fee shall be calculated	35151
using the average daily design flow of the facility until actual	35152
average daily discharge flow values are available for the time	35153
period specified in division (L)(5)(a)(iii) of this section. The	35154
annual discharge fee may be prorated for a new source as described	35155
in division (L)(5)(a)(ii) of this section.	35156

(b) An NPDES permit holder that is a public discharger shall	35157
pay the fee specified in the following schedule:	35158

Average daily	Fee due by	35159
discharge flow	January 30,	35160
	~~2002~~ 2004, and	35161
	January 30, ~~2003~~ 2005	35162

5,000 to 49,999	$ 200	35163
50,000 to 100,000	500	35164
100,001 to 250,000	1,050	35165
250,001 to 1,000,000	2,600	35166
1,000,001 to 5,000,000	5,200	35167
5,000,001 to 10,000,000	10,350	35168
10,000,001 to 20,000,000	15,550	35169
20,000,001 to 50,000,000	25,900	35170
50,000,001 to 100,000,000	41,400	35171
100,000,001 or more	62,100	35172

Public dischargers owning or operating two or more publicly	35173
owned treatment works serving the same political subdivision, as	35174
"treatment works" is defined in section 6111.01 of the Revised	35175
Code, and that serve exclusively political subdivisions having a	35176
population of fewer than one hundred thousand shall pay an annual	35177
discharge fee under division (L)(5)(b) of this section that is	35178
based on the combined average daily discharge flow of the	35179
treatment works.	35180

(c) An NPDES permit holder that is an industrial discharger,	35181
other than a coal mining operator identified by P in the third	35182
character of the permittee's NPDES permit number, shall pay the	35183
fee specified in the following schedule:	35184

Average daily	Fee due by	35185
discharge flow	January 30,	35186
	~~2002~~ 2004, and	35187
	January 30, ~~2003~~ 2005	35188

5,000 to 49,999	$ 250	35189
50,000 to 250,000	1,200	35190
250,001 to 1,000,000	2,950	35191
1,000,001 to 5,000,000	5,850	35192
5,000,001 to 10,000,000	8,800	35193
10,000,001 to 20,000,000	11,700	35194
20,000,001 to 100,000,000	14,050	35195
100,000,001 to 250,000,000	16,400	35196
250,000,001 or more	18,700	35197

In addition to the fee specified in the above schedule, an	35198
NPDES permit holder that is an industrial discharger classified as	35199
a major discharger during all or part of the annual discharge fee	35200
billing year specified in division (L)(5)(a)(ii) of this section	35201
shall pay a nonrefundable annual surcharge of seven thousand five	35202
hundred dollars not later than January 30, ~~2002~~2004, and not	35203
later than January 30, ~~2003~~2005. Any person who fails to pay the	35204
surcharge at that time shall pay an additional amount that equals	35205
ten per cent of the amount of the surcharge.	35206

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	35207
section, a public discharger identified by I in the third	35208
character of the permittee's NPDES permit number and an industrial	35209
discharger identified by I, J, L, V, W, X, Y, or Z in the third	35210
character of the permittee's NPDES permit number shall pay a	35211
nonrefundable annual discharge fee of one hundred eighty dollars	35212
not later than January 30, ~~2002~~2004, and not later than January	35213
30, ~~2003~~2005. Any person who fails to pay the fee at that time	35214
shall pay an additional amount that equals ten per cent of the	35215
required fee.	35216

(6) Each person obtaining a national pollutant discharge	35217
elimination system general or individual permit for municipal	35218
storm water discharge shall pay a nonrefundable storm water	35219
discharge fee of one hundred dollars per square mile of area	35220
permitted. The fee shall not exceed ten thousand dollars and shall	35221
be payable on or before January 30, 2004, and the thirtieth day of	35222
January of each year thereafter. Any person who fails to pay the	35223
fee on the date specified in division (L)(6) of this section shall	35224
pay an additional amount per year equal to ten per cent of the	35225
annual fee that is unpaid.	35226

(7) The director shall transmit all moneys collected under	35227
division (L) of this section to the treasurer of state for deposit	35228
into the state treasury to the credit of the surface water	35229
protection fund created in section 6111.038 of the Revised Code.	35230

(8) As used in division (L) of this section:

35231

(a) "NPDES" means the federally approved national pollutant	35232
discharge elimination system program for issuing, modifying,	35233
revoking, reissuing, terminating, monitoring, and enforcing	35234
permits and imposing and enforcing pretreatment requirements under	35235
Chapter 6111. of the Revised Code and rules adopted under it.	35236

(b) "Public discharger" means any holder of an NPDES permit	35237
identified by P in the second character of the NPDES permit number	35238
assigned by the director.	35239

(c) "Industrial discharger" means any holder of an NPDES	35240
permit identified by I in the second character of the NPDES permit	35241
number assigned by the director.	35242

(d) "Major discharger" means any holder of an NPDES permit	35243
classified as major by the regional administrator of the United	35244
States environmental protection agency in conjunction with the	35245
director.	35246

(M) Through June 30, ~~2004~~2006, a person applying for a	35247
license or license renewal to operate a public water system under	35248
section 6109.21 of the Revised Code shall pay the appropriate fee	35249
established under this division at the time of application to the	35250
director. Any person who fails to pay the fee at that time shall	35251
pay an additional amount that equals ten per cent of the required	35252
fee. The director shall transmit all moneys collected under this	35253
division to the treasurer of state for deposit into the drinking	35254
water protection fund created in section 6109.30 of the Revised	35255
Code.	35256

Fees required under this division shall be calculated and	35257
paid in accordance with the following schedule:	35258

(1) For the initial license required under division (A)(1) of	35259
section 6109.21 of the Revised Code for any public water system	35260
that is a community water system as defined in section 6109.01 of	35261
the Revised Code, and for each license renewal required for such a	35262
system prior to January 31, ~~2004~~2006, the fee is:	35263

Number of service connections		Fee amount	35264
	Not more than 49	$56 112	35265
	50 to 99	88 176	35266

Number of service connections		Average cost per connection	35267
	100 to 2,499	$~~.96~~ 1.92	35268
	2,500 to 4,999	~~.92~~ 1.60	35269
	5,000 to 7,499	~~.88~~ 1.54	35270
	7,500 to 9,999	~~.84~~ 1.48	35271
	10,000 to 14,999	~~.80~~ 1.28	35272
	15,000 to 24,999	~~.76~~ 1.22	35273
	25,000 to 49,999	~~.72~~ 1.16	35274
	50,000 to 99,999	~~.68~~ .92	35275
	100,000 to 149,999	~~.64~~ .86	35276
	150,000 to 199,999	~~.60~~ .80	35277
	200,000 or more	~~.56~~ .76	35278

A public water system may determine how it will pay the total	35279
amount of the fee calculated under division (M)(1) of this	35280
section, including the assessment of additional user fees that may	35281
be assessed on a volumetric basis.	35282

As used in division (M)(1) of this section, "service	35283
connection" means the number of active or inactive pipes,	35284
goosenecks, pigtails, and any other fittings connecting a water	35285
main to any building outlet.	35286

(2) For the initial license required under division (A)(2) of	35287
section 6109.21 of the Revised Code for any public water system	35288
that is not a community water system and serves a nontransient	35289
population, and for each license renewal required for such a	35290
system prior to January 31, ~~2004~~2006, the fee is:	35291

Population served	Fee amount	35292
Fewer than 150	$ 56 112	35293
150 to 299	88 176	35294
300 to 749	~~192~~ 384	35295
750 to 1,499	~~392~~ 686	35296
1,500 to 2,999	~~792~~ 1,386	35297
3,000 to 7,499	~~1,760~~ 3,080	35298
7,500 to 14,999	~~3,800~~ 6,270	35299
15,000 to 22,499	~~6,240~~ 10,296	35300
22,500 to 29,999	~~8,576~~ 14,150	35301
30,000 or more	~~11,600~~ 19,140	35302

As used in division (M)(2) of this section, "population	35303
served" means the total number of individuals receiving water from	35304
the water supply during a twenty-four-hour period for at least	35305
sixty days during any calendar year. In the absence of a specific	35306
population count, that number shall be calculated at the rate of	35307
three individuals per service connection.	35308

(3) For the initial license required under division (A)(3) of	35309
section 6109.21 of the Revised Code for any public water system	35310
that is not a community water system and serves a transient	35311
population, and for each license renewal required for such a	35312
system prior to January 31, ~~2004~~2006, the fee is:	35313

Number of wells supplying system		Fee amount	35314
	1	$ 56 112	35315
	2	56 112	35316
	3	88 176	35317
	4	~~192~~ 316	35318
	5	~~392~~ 646	35319
	System supplied by surface		35320
	water, springs, or dug wells	~~792~~ 1,300	35321

As used in division (M)(3) of this section, "number of wells	35322
supplying system" means those wells that are physically connected	35323
to the plumbing system serving the public water system.	35324

(N)(1) A person applying for a plan approval for a public	35325
water supply system under section 6109.07 of the Revised Code	35326
shall pay a fee of one hundred fifty dollars plus ~~two-tenths~~	35327
thirty-five hundredths of one per cent of the estimated project	35328
cost, except that the total fee shall not exceed ~~fifteen~~twenty	35329
thousand dollars through June 30, ~~2004~~2006, and ~~five~~fifteen	35330
thousand dollars on and after July 1, ~~2004~~2006. The fee shall be	35331
paid at the time the application is submitted.	35332

(2) A person who has entered into an agreement with the	35333
director under division (A)(2) of section 6109.07 of the Revised	35334
Code shall pay an administrative service fee for each plan	35335
submitted under that section for approval that shall not exceed	35336
the minimum amount necessary to pay administrative costs directly	35337
attributable to processing plan approvals. The director annually	35338
shall calculate the fee and shall notify all persons that have	35339
entered into agreements under that division, or who have applied	35340
for agreements, of the amount of the fee.	35341

(3) Through June 30, ~~2004~~2006, the following fee, on a per	35342
survey basis, shall be charged any person for services rendered by	35343
the state in the evaluation of laboratories and laboratory	35344
personnel for compliance with accepted analytical techniques and	35345
procedures established pursuant to Chapter 6109. of the Revised	35346
Code for determining the qualitative characteristics of water:	35347

microbiological		~~$1,650~~	35348
	MMO-MUG	$2,000	35349
	MF	2,100	35350
	MMO-MUG and MF	2,550	35351
organic chemical		~~3,500~~ 5,400	35352
inorganic chemical		~~3,500~~ 5,400	35353
standard chemistry		~~1,800~~ 2,800	35354
limited chemistry		~~1,000~~ 1,550	35355

On and after July 1, ~~2004~~2006, the following fee, on a per	35356
survey basis, shall be charged any such person:	35357

microbiological	$~~250~~ 1,650	35358
chemical/radiological	~~250~~ 3,500	35359
nitrate/turbidity (only)	~~150~~ 1,000	35360

The fee for those services shall be paid at the time the request	35361
for the survey is made. Through June 30, ~~2004~~ 2006, an individual	35362
laboratory shall not be assessed a fee under this division more	35363
than once in any three-year period unless the person requests the	35364
addition of analytical methods or analysts, in which case the	35365
person shall pay eighteen hundred dollars for each additional	35366
survey requested.	35367

As used in division (N)(3) of this section:

35368

(a) "MF" means microfiltration.

35369

(b) "MMO" means minimal medium ONPG.

35370

35371

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

35372

The director shall transmit all moneys collected under this	35373
division to the treasurer of state for deposit into the drinking	35374
water protection fund created in section 6109.30 of the Revised	35375
Code.	35376

(O) Any person applying to the director for examination for	35377
certification as an operator of a water supply system or	35378
wastewater system under Chapter 6109. or 6111. of the Revised	35379
Code, at the time the application is submitted, shall pay an	35380
application fee of ~~twenty-five~~forty-five dollars through June 30,	35381
~~2004~~2006, and ~~ten~~twenty-five dollars on and after July 1, ~~2004~~	35382
2006. Upon approval from the director that the applicant is	35383
eligible to take the examination therefor, the applicant shall pay	35384
a fee in accordance with the following schedule through June 30,	35385
~~2004~~2006:	35386

Class A operator	$45	35387
Class I operator	~~$45~~ 75	35388
Class II operator	55 95	35389
Class III operator	65 110	35390
Class IV operator	75 125	35391

On and after July 1, ~~2004~~2006, the applicant shall pay a fee	35392
in accordance with the following schedule:	35393

Class A operator	$25	35394
Class I operator	$25 45	35395
Class II operator	35 55	35396
Class III operator	45 65	35397
Class IV operator	55 75	35398

A person shall pay a biennial certification renewal fee for	35399
each applicable class of certification in accordance with the	35400
following schedule:	35401

Class A operator	$25	35402
Class I operator	35	35403
Class II operator	45	35404
Class III operator	55	35405
Class IV operator	65	35406

If a certification renewal fee is received by the director	35407
more than thirty days, but not more than one year after the	35408
expiration date of the certification, the person shall pay a	35409
certification renewal fee in accordance with the following	35410
schedule:	35411

Class A operator	$45	35412
Class I operator	55	35413
Class II operator	65	35414
Class III operator	75	35415
Class IV operator	85	35416

A person who requests a replacement certificate shall pay a	35417
fee of twenty-five dollars at the time the request is made.	35418

The director shall transmit all moneys collected under this	35419
division to the treasurer of state for deposit into the drinking	35420
water protection fund created in section 6109.30 of the Revised	35421
Code.	35422

(P) Through June 30, 2004, any person submitting an	35423
application for an industrial water pollution control certificate	35424
under section 6111.31 of the Revised Code shall pay a	35425
nonrefundable fee of five hundred dollars at the time the	35426
application is submitted. The director shall transmit all moneys	35427
collected under this division to the treasurer of state for	35428
deposit into the surface water protection fund created in section	35429
6111.038 of the Revised Code. A person paying a certificate fee	35430
under this division shall not pay an application fee under	35431
division (S)(1) of this section.	35432

(Q) Except as otherwise provided in division (R) of this	35433
section, a person issued a permit by the director for a new solid	35434
waste disposal facility other than an incineration or composting	35435
facility, a new infectious waste treatment facility other than an	35436
incineration facility, or a modification of such an existing	35437
facility that includes an increase in the total disposal or	35438
treatment capacity of the facility pursuant to Chapter 3734. of	35439
the Revised Code shall pay a fee of ten dollars per thousand cubic	35440
yards of disposal or treatment capacity, or one thousand dollars,	35441
whichever is greater, except that the total fee for any such	35442
permit shall not exceed eighty thousand dollars. A person issued a	35443
modification of a permit for a solid waste disposal facility or an	35444
infectious waste treatment facility that does not involve an	35445
increase in the total disposal or treatment capacity of the	35446
facility shall pay a fee of one thousand dollars. A person issued	35447
a permit to install a new, or modify an existing, solid waste	35448
transfer facility under that chapter shall pay a fee of two	35449
thousand five hundred dollars. A person issued a permit to install	35450
a new or to modify an existing solid waste incineration or	35451
composting facility, or an existing infectious waste treatment	35452
facility using incineration as its principal method of treatment,	35453
under that chapter shall pay a fee of one thousand dollars. The	35454
increases in the permit fees under this division resulting from	35455
the amendments made by Amended Substitute House Bill 592 of the	35456
117th general assembly do not apply to any person who submitted an	35457
application for a permit to install a new, or modify an existing,	35458
solid waste disposal facility under that chapter prior to	35459
September 1, 1987; any such person shall pay the permit fee	35460
established in this division as it existed prior to June 24, 1988.	35461
In addition to the applicable permit fee under this division, a	35462
person issued a permit to install or modify a solid waste facility	35463
or an infectious waste treatment facility under that chapter who	35464
fails to pay the permit fee to the director in compliance with	35465
division (V) of this section shall pay an additional ten per cent	35466
of the amount of the fee for each week that the permit fee is	35467
late.	35468

Permit and late payment fees paid to the director under this	35469
division shall be credited to the general revenue fund.	35470

(R)(1) A person issued a registration certificate for a scrap	35471
tire collection facility under section 3734.75 of the Revised Code	35472
shall pay a fee of two hundred dollars, except that if the	35473
facility is owned or operated by a motor vehicle salvage dealer	35474
licensed under Chapter 4738. of the Revised Code, the person shall	35475
pay a fee of twenty-five dollars.	35476

(2) A person issued a registration certificate for a new	35477
scrap tire storage facility under section 3734.76 of the Revised	35478
Code shall pay a fee of three hundred dollars, except that if the	35479
facility is owned or operated by a motor vehicle salvage dealer	35480
licensed under Chapter 4738. of the Revised Code, the person shall	35481
pay a fee of twenty-five dollars.	35482

(3) A person issued a permit for a scrap tire storage	35483
facility under section 3734.76 of the Revised Code shall pay a fee	35484
of one thousand dollars, except that if the facility is owned or	35485
operated by a motor vehicle salvage dealer licensed under Chapter	35486
4738. of the Revised Code, the person shall pay a fee of fifty	35487
dollars.	35488

(4) A person issued a permit for a scrap tire monocell or	35489
monofill facility under section 3734.77 of the Revised Code shall	35490
pay a fee of ten dollars per thousand cubic yards of disposal	35491
capacity or one thousand dollars, whichever is greater, except	35492
that the total fee for any such permit shall not exceed eighty	35493
thousand dollars.	35494

(5) A person issued a registration certificate for a scrap	35495
tire recovery facility under section 3734.78 of the Revised Code	35496
shall pay a fee of one hundred dollars.	35497

(6) A person issued a permit for a scrap tire recovery	35498
facility under section 3734.78 of the Revised Code shall pay a fee	35499
of one thousand dollars.	35500

(7) In addition to the applicable registration certificate or	35501
permit fee under divisions (R)(1) to (6) of this section, a person	35502
issued a registration certificate or permit for any such scrap	35503
tire facility who fails to pay the registration certificate or	35504
permit fee to the director in compliance with division (V) of this	35505
section shall pay an additional ten per cent of the amount of the	35506
fee for each week that the fee is late.	35507

(8) The registration certificate, permit, and late payment	35508
fees paid to the director under divisions (R)(1) to (7) of this	35509
section shall be credited to the scrap tire management fund	35510
created in section 3734.82 of the Revised Code.	35511

(S)(1) Except as provided by divisions (L), (M), (N), (O),	35512
(P), and (S)(2) of this section, division (A)(2) of section	35513
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	35514
and rules adopted under division (T)(1) of this section, any	35515
person applying for a registration certificate under section	35516
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	35517
variance, or plan approval under Chapter 3734. of the Revised Code	35518
shall pay a nonrefundable fee of fifteen dollars at the time the	35519
application is submitted.	35520

Except as otherwise provided, any person applying for a	35521
permit, variance, or plan approval under Chapter 6109. or 6111. of	35522
the Revised Code shall pay a nonrefundable fee of one hundred	35523
dollars at the time the application is submitted through June 30,	35524
~~2004~~2006, and a nonrefundable fee of fifteen dollars at the time	35525
the application is submitted on and after July 1, ~~2004~~2006.	35526
Through June 30, ~~2004~~2006, any person applying for a national	35527
pollutant discharge elimination system permit under Chapter 6111.	35528
of the Revised Code shall pay a nonrefundable fee of two hundred	35529
dollars at the time of application for the permit. On and after	35530
July 1, ~~2004~~2006, such a person shall pay a nonrefundable fee of	35531
fifteen dollars at the time of application.	35532

In addition to the application fee established under division	35533
(S)(1) of this section, any person applying for a national	35534
pollutant discharge elimination system general storm water	35535
construction permit shall pay a nonrefundable fee of twenty	35536
dollars per acre for each acre that is permitted above five acres	35537
at the time the application is submitted. However, the per acreage	35538
fee shall not exceed three hundred dollars. In addition, any	35539
person applying for a national pollutant discharge elimination	35540
system general storm water industrial permit shall pay a	35541
nonrefundable fee of one hundred fifty dollars at the time the	35542
application is submitted.	35543

The director shall transmit all moneys collected under	35544
division (S)(1) of this section pursuant to Chapter 6109. of the	35545
Revised Code to the treasurer of state for deposit into the	35546
drinking water protection fund created in section 6109.30 of the	35547
Revised Code.	35548

The director shall transmit all moneys collected under	35549
division (S)(1) of this section pursuant to Chapter 6111. of the	35550
Revised Code to the treasurer of state for deposit into the	35551
surface water protection fund created in section 6111.038 of the	35552
Revised Code.	35553

If a registration certificate is issued under section	35554
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	35555
the application fee paid shall be deducted from the amount of the	35556
registration certificate fee due under division (R)(1), (2), or	35557
(5) of this section, as applicable.	35558

If a person submits an electronic application for a	35559
registration certificate, permit, variance, or plan approval for	35560
which an application fee is established under division (S)(1) of	35561
this section, the person shall pay the applicable application fee	35562
as expeditiously as possible after the submission of the	35563
electronic application. An application for a registration	35564
certificate, permit, variance, or plan approval for which an	35565
application fee is established under division (S)(1) of this	35566
section shall not be reviewed or processed until the applicable	35567
application fee, and any other fees established under this	35568
division, are paid.	35569

(2) Division (S)(1) of this section does not apply to an	35570
application for a registration certificate for a scrap tire	35571
collection or storage facility submitted under section 3734.75 or	35572
3734.76 of the Revised Code, as applicable, if the owner or	35573
operator of the facility or proposed facility is a motor vehicle	35574
salvage dealer licensed under Chapter 4738. of the Revised Code.	35575

(T) The director may adopt, amend, and rescind rules in	35576
accordance with Chapter 119. of the Revised Code that do all of	35577
the following:	35578

(1) Prescribe fees to be paid by applicants for and holders	35579
of any license, permit, variance, plan approval, or certification	35580
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	35581
the Revised Code that are not specifically established in this	35582
section. The fees shall be designed to defray the cost of	35583
processing, issuing, revoking, modifying, denying, and enforcing	35584
the licenses, permits, variances, plan approvals, and	35585
certifications.	35586

The director shall transmit all moneys collected under rules	35587
adopted under division (T)(1) of this section pursuant to Chapter	35588
6109. of the Revised Code to the treasurer of state for deposit	35589
into the drinking water protection fund created in section 6109.30	35590
of the Revised Code.	35591

The director shall transmit all moneys collected under rules	35592
adopted under division (T)(1) of this section pursuant to Chapter	35593
6111. of the Revised Code to the treasurer of state for deposit	35594
into the surface water protection fund created in section 6111.038	35595
of the Revised Code.	35596

(2) Exempt the state and political subdivisions thereof,	35597
including education facilities or medical facilities owned by the	35598
state or a political subdivision, or any person exempted from	35599
taxation by section 5709.07 or 5709.12 of the Revised Code, from	35600
any fee required by this section;	35601

(3) Provide for the waiver of any fee, or any part thereof,	35602
otherwise required by this section whenever the director	35603
determines that the imposition of the fee would constitute an	35604
unreasonable cost of doing business for any applicant, class of	35605
applicants, or other person subject to the fee;	35606

(4) Prescribe measures that the director considers necessary	35607
to carry out this section.	35608

(U) When the director reasonably demonstrates that the direct	35609
cost to the state associated with the issuance of a permit to	35610
install, license, variance, plan approval, or certification	35611
exceeds the fee for the issuance or review specified by this	35612
section, the director may condition the issuance or review on the	35613
payment by the person receiving the issuance or review of, in	35614
addition to the fee specified by this section, the amount, or any	35615
portion thereof, in excess of the fee specified under this	35616
section. The director shall not so condition issuances for which	35617
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	35618
section.	35619

(V) Except as provided in divisions (L), (M), and (P) of this	35620
section or unless otherwise prescribed by a rule of the director	35621
adopted pursuant to Chapter 119. of the Revised Code, all fees	35622
required by this section are payable within thirty days after the	35623
issuance of an invoice for the fee by the director or the	35624
effective date of the issuance of the license, permit, variance,	35625
plan approval, or certification. If payment is late, the person	35626
responsible for payment of the fee shall pay an additional ten per	35627
cent of the amount due for each month that it is late.	35628

(W) As used in this section, "fuel-burning equipment,"	35629
"fuel-burning equipment input capacity," "incinerator,"	35630
"incinerator input capacity," "process," "process weight rate,"	35631
"storage tank," "gasoline dispensing facility," "dry cleaning	35632
facility," "design flow discharge," and "new source treatment	35633
works" have the meanings ascribed to those terms by applicable	35634
rules or standards adopted by the director under Chapter 3704. or	35635
6111. of the Revised Code.	35636

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	35637
and (J) of this section, and in any other provision of this	35638
section pertaining to fees paid pursuant to Chapter 3704. of the	35639
Revised Code:	35640

(1) "Facility," "federal Clean Air Act," "person," and "Title	35641
V permit" have the same meanings as in section 3704.01 of the	35642
Revised Code.	35643

(2) "Title V permit program" means the following activities	35644
as necessary to meet the requirements of Title V of the federal	35645
Clean Air Act and 40 C.F.R. part 70, including at least:	35646

(a) Preparing and adopting, if applicable, generally	35647
applicable rules or guidance regarding the permit program or its	35648
implementation or enforcement;	35649

(b) Reviewing and acting on any application for a Title V	35650
permit, permit revision, or permit renewal, including the	35651
development of an applicable requirement as part of the processing	35652
of a permit, permit revision, or permit renewal;	35653

(c) Administering the permit program, including the	35654
supporting and tracking of permit applications, compliance	35655
certification, and related data entry;	35656

(d) Determining which sources are subject to the program and	35657
implementing and enforcing the terms of any Title V permit, not	35658
including any court actions or other formal enforcement actions;	35659

(e) Emission and ambient monitoring;

35660

(f) Modeling, analyses, or demonstrations;

35661

(g) Preparing inventories and tracking emissions;

35662

(h) Providing direct and indirect support to small business	35663
stationary sources to determine and meet their obligations under	35664
the federal Clean Air Act pursuant to the small business	35665
stationary source technical and environmental compliance	35666
assistance program required by section 507 of that act and	35667
established in sections 3704.18, 3704.19, and 3706.19 of the	35668
Revised Code.	35669

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	35670
of this section, each sewage sludge facility shall pay a	35671
nonrefundable annual sludge fee equal to three dollars and fifty	35672
cents per dry ton of sewage sludge, including the dry tons of	35673
sewage sludge in materials derived from sewage sludge, that the	35674
sewage sludge facility treats or disposes of in this state. The	35675
annual volume of sewage sludge treated or disposed of by a sewage	35676
sludge facility shall be calculated using the first day of January	35677
through the thirty-first day of December of the calendar year	35678
preceding the date on which payment of the fee is due.	35679

(2)(a) Except as provided in division (Y)(2)(d) of this	35680
section, each sewage sludge facility shall pay a minimum annual	35681
sewage sludge fee of one hundred dollars.	35682

(b) The annual sludge fee required to be paid by a sewage	35683
sludge facility that treats or disposes of exceptional quality	35684
sludge in this state shall be thirty-five per cent less per dry	35685
ton of exceptional quality sludge than the fee assessed under	35686
division (Y)(1) of this section, subject to the following	35687
exceptions:	35688

(i) Except as provided in division (Y)(2)(d) of this section,	35689
a sewage sludge facility that treats or disposes of exceptional	35690
quality sludge shall pay a minimum annual sewage sludge fee of one	35691
hundred dollars.	35692

(ii) A sewage sludge facility that treats or disposes of	35693
exceptional quality sludge shall not be required to pay the annual	35694
sludge fee for treatment or disposal in this state of exceptional	35695
quality sludge generated outside of this state and contained in	35696
bags or other containers not greater than one hundred pounds in	35697
capacity.	35698

A thirty-five per cent reduction for exceptional quality	35699
sludge applies to the maximum annual fees established under	35700
division (Y)(3) of this section.	35701

(c) A sewage sludge facility that transfers sewage sludge to	35702
another sewage sludge facility in this state for further treatment	35703
prior to disposal in this state shall not be required to pay the	35704
annual sludge fee for the tons of sewage sludge that have been	35705
transferred. In such a case, the sewage sludge facility that	35706
disposes of the sewage sludge shall pay the annual sludge fee.	35707
However, the facility transferring the sewage sludge shall pay the	35708
one-hundred-dollar minimum fee required under division (Y)(2)(a)	35709
of this section.	35710

In the case of a sewage sludge facility that treats sewage	35711
sludge in this state and transfers it out of this state to another	35712
entity for disposal, the sewage sludge facility in this state	35713
shall be required to pay the annual sludge fee for the tons of	35714
sewage sludge that have been transferred.	35715

(d) A sewage sludge facility that generates sewage sludge	35716
resulting from an average daily discharge flow of less than five	35717
thousand gallons per day is not subject to the fees assessed under	35718
division (Y) of this section.	35719

(3) No sewage sludge facility required to pay the annual	35720
sludge fee shall be required to pay more than the maximum annual	35721
fee for each disposal method that the sewage sludge facility uses.	35722
The maximum annual fee does not include the additional amount that	35723
may be charged under division (Y)(5) of this section for late	35724
payment of the annual sludge fee. The maximum annual fee for the	35725
following methods of disposal of sewage sludge is as follows:	35726

(a) Incineration: five thousand dollars;

35727

(b) Preexisting land reclamation project or disposal in a	35728
landfill: five thousand dollars;	35729

(c) Land application, land reclamation, surface disposal, or	35730
any other disposal method not specified in division (Y)(3)(a) or	35731
(b) of this section: twenty thousand dollars.	35732

(4)(a) In the case of an entity that generates sewage sludge	35733
or a sewage sludge facility that treats sewage sludge and	35734
transfers the sewage sludge to an incineration facility for	35735
disposal, the incineration facility, and not the entity generating	35736
the sewage sludge or the sewage sludge facility treating the	35737
sewage sludge, shall pay the annual sludge fee for the tons of	35738
sewage sludge that are transferred. However, the entity or	35739
facility generating or treating the sewage sludge shall pay the	35740
one-hundred-dollar minimum fee required under division (Y)(2)(a)	35741
of this section.	35742

(b) In the case of an entity that generates sewage sludge and	35743
transfers the sewage sludge to a landfill for disposal or to a	35744
sewage sludge facility for land reclamation or surface disposal,	35745
the entity generating the sewage sludge, and not the landfill or	35746
sewage sludge facility, shall pay the annual sludge fee for the	35747
tons of sewage sludge that are transferred.	35748

(5) Not later than the first day of April of the calendar	35749
year following March 17, 2000, and each first day of April	35750
thereafter, the director shall issue invoices to persons who are	35751
required to pay the annual sludge fee. The invoice shall identify	35752
the nature and amount of the annual sludge fee assessed and state	35753
the first day of May as the deadline for receipt by the director	35754
of objections regarding the amount of the fee and the first day of	35755
July as the deadline for payment of the fee.	35756

Not later than the first day of May following receipt of an	35757
invoice, a person required to pay the annual sludge fee may submit	35758
objections to the director concerning the accuracy of information	35759
regarding the number of dry tons of sewage sludge used to	35760
calculate the amount of the annual sludge fee or regarding whether	35761
the sewage sludge qualifies for the exceptional quality sludge	35762
discount established in division (Y)(2)(b) of this section. The	35763
director may consider the objections and adjust the amount of the	35764
fee to ensure that it is accurate.	35765

If the director does not adjust the amount of the annual	35766
sludge fee in response to a person's objections, the person may	35767
appeal the director's determination in accordance with Chapter	35768
119. of the Revised Code.	35769

Not later than the first day of June, the director shall	35770
notify the objecting person regarding whether the director has	35771
found the objections to be valid and the reasons for the finding.	35772
If the director finds the objections to be valid and adjusts the	35773
amount of the annual sludge fee accordingly, the director shall	35774
issue with the notification a new invoice to the person	35775
identifying the amount of the annual sludge fee assessed and	35776
stating the first day of July as the deadline for payment.	35777

Not later than the first day of July, any person who is	35778
required to do so shall pay the annual sludge fee. Any person who	35779
is required to pay the fee, but who fails to do so on or before	35780
that date shall pay an additional amount that equals ten per cent	35781
of the required annual sludge fee.	35782

(6) The director shall transmit all moneys collected under	35783
division (Y) of this section to the treasurer of state for deposit	35784
into the surface water protection fund created in section 6111.038	35785
of the Revised Code. The moneys shall be used to defray the costs	35786
of administering and enforcing provisions in Chapter 6111. of the	35787
Revised Code and rules adopted under it that govern the use,	35788
storage, treatment, or disposal of sewage sludge.	35789

(7) Beginning in fiscal year 2001, and every two years	35790
thereafter, the director shall review the total amount of moneys	35791
generated by the annual sludge fees to determine if that amount	35792
exceeded six hundred thousand dollars in either of the two	35793
preceding fiscal years. If the total amount of moneys in the fund	35794
exceeded six hundred thousand dollars in either fiscal year, the	35795
director, after review of the fee structure and consultation with	35796
affected persons, shall issue an order reducing the amount of the	35797
fees levied under division (Y) of this section so that the	35798
estimated amount of moneys resulting from the fees will not exceed	35799
six hundred thousand dollars in any fiscal year.	35800

If, upon review of the fees under division (Y)(7) of this	35801
section and after the fees have been reduced, the director	35802
determines that the total amount of moneys collected and	35803
accumulated is less than six hundred thousand dollars, the	35804
director, after review of the fee structure and consultation with	35805
affected persons, may issue an order increasing the amount of the	35806
fees levied under division (Y) of this section so that the	35807
estimated amount of moneys resulting from the fees will be	35808
approximately six hundred thousand dollars. Fees shall never be	35809
increased to an amount exceeding the amount specified in division	35810
(Y)(7) of this section.	35811

Notwithstanding section 119.06 of the Revised Code, the	35812
director may issue an order under division (Y)(7) of this section	35813
without the necessity to hold an adjudicatory hearing in	35814
connection with the order. The issuance of an order under this	35815
division is not an act or action for purposes of section 3745.04	35816
of the Revised Code.	35817

(8) As used in division (Y) of this section:

35818

(a) "Sewage sludge facility" means an entity that performs	35819
treatment on or is responsible for the disposal of sewage sludge.	35820

(b) "Sewage sludge" means a solid, semi-solid, or liquid	35821
residue generated during the treatment of domestic sewage in a	35822
treatment works as defined in section 6111.01 of the Revised Code.	35823
"Sewage sludge" includes, but is not limited to, scum or solids	35824
removed in primary, secondary, or advanced wastewater treatment	35825
processes. "Sewage sludge" does not include ash generated during	35826
the firing of sewage sludge in a sewage sludge incinerator, grit	35827
and screenings generated during preliminary treatment of domestic	35828
sewage in a treatment works, animal manure, residue generated	35829
during treatment of animal manure, or domestic septage.	35830

(c) "Exceptional quality sludge" means sewage sludge that	35831
meets all of the following qualifications:	35832

(i) Satisfies the class A pathogen standards in 40 C.F.R.	35833
503.32(a);	35834

(ii) Satisfies one of the vector attraction reduction	35835
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	35836

(iii) Does not exceed the ceiling concentration limitations	35837
for metals listed in table one of 40 C.F.R. 503.13;	35838

(iv) Does not exceed the concentration limitations for metals	35839
listed in table three of 40 C.F.R. 503.13.	35840

(d) "Treatment" means the preparation of sewage sludge for	35841
final use or disposal and includes, but is not limited to,	35842
thickening, stabilization, and dewatering of sewage sludge.	35843

(e) "Disposal" means the final use of sewage sludge,	35844
including, but not limited to, land application, land reclamation,	35845
surface disposal, or disposal in a landfill or an incinerator.	35846

(f) "Land application" means the spraying or spreading of	35847
sewage sludge onto the land surface, the injection of sewage	35848
sludge below the land surface, or the incorporation of sewage	35849
sludge into the soil for the purposes of conditioning the soil or	35850
fertilizing crops or vegetation grown in the soil.	35851

(g) "Land reclamation" means the returning of disturbed land	35852
to productive use.	35853

(h) "Surface disposal" means the placement of sludge on an	35854
area of land for disposal, including, but not limited to,	35855
monofills, surface impoundments, lagoons, waste piles, or	35856
dedicated disposal sites.	35857

(i) "Incinerator" means an entity that disposes of sewage	35858
sludge through the combustion of organic matter and inorganic	35859
matter in sewage sludge by high temperatures in an enclosed	35860
device.	35861

(j) "Incineration facility" includes all incinerators owned	35862
or operated by the same entity and located on a contiguous tract	35863
of land. Areas of land are considered to be contiguous even if	35864
they are separated by a public road or highway.	35865

(k) "Annual sludge fee" means the fee assessed under division	35866
(Y)(1) of this section.	35867

(l) "Landfill" means a sanitary landfill facility, as defined	35868
in rules adopted under section 3734.02 of the Revised Code, that	35869
is licensed under section 3734.05 of the Revised Code.	35870

(m) "Preexisting land reclamation project" means a	35871
property-specific land reclamation project that has been in	35872
continuous operation for not less than five years pursuant to	35873
approval of the activity by the director and includes the	35874
implementation of a community outreach program concerning the	35875
activity.	35876

Sec. 3745.14. (A) As used in this section:

35877

(1) "Compliance review" means the review of an application	35878
for a permit, renewal of a permit, or plan approval, or	35879
modification thereof, for an existing or proposed facility,	35880
source, or activity and the accompanying engineering plans,	35881
specifications, and materials and information that are submitted	35882
under Chapter 3704., 3734., 6109., or 6111. of the Revised Code	35883
and rules adopted under them for compliance with performance	35884
standards under the applicable chapter and rules adopted under it.	35885
"Compliance review" does not include the review of an application	35886
for a hazardous waste facility installation and operation permit	35887
or the renewal or modification of such a permit, a permit to	35888
establish or modify an infectious waste treatment facility, a	35889
permit to install a solid waste incineration facility that also	35890
would treat infectious wastes, or a permit to modify a solid waste	35891
incineration facility to also treat infectious wastes under	35892
Chapter 3734. of the Revised Code.	35893

(2) "Engineer" includes both of the following:

35894

(a) A professional engineer registered under Chapter 4733. of	35895
the Revised Code;	35896

(b) A firm, partnership, association, or corporation	35897
providing engineering services in this state in compliance with	35898
Chapter 4733. of the Revised Code.	35899

(B) The director of environmental protection, in accordance	35900
with Chapter 119. of the Revised Code, shall adopt, and may amend	35901
and rescind, rules establishing a program for the certification of	35902
engineers to conduct compliance reviews. The rules, at a minimum,	35903
shall do all of the following:	35904

(1) Require that the program be administered by the director;

35905

(2) Establish eligibility criteria for certification to	35906
conduct compliance reviews;	35907

(3) Establish criteria for denying, suspending, and revoking	35908
certifications and renewals of certifications issued pursuant to	35909
rules adopted under division (B) of this section;	35910

(4) Require the periodic renewal of certifications issued	35911
pursuant to rules adopted under division (B) of this section;	35912

(5) Establish an application fee and fee for issuance for	35913
certifications under this section. The fees shall be established	35914
at a level calculated to defray the costs to the environmental	35915
protection agency for administering the certification program	35916
established by rules adopted under division (B) of this section.	35917
All such application and certification fees received by the	35918
director shall be deposited into the state treasury to the credit	35919
of the permit review fund created in division (E) of this section.	35920

(C) The director shall maintain a current list of all	35921
engineers who are certified to conduct compliance reviews pursuant	35922
to rules adopted under this section. The list shall indicate the	35923
types of permits, permit renewals, and plan approvals that each	35924
engineer is certified to review and the types or categories of	35925
facilities, sources, or activities in connection with which the	35926
engineer is certified to conduct the reviews. Upon request, the	35927
director shall provide a copy of the list to anyone requesting it.	35928

(D) An applicant for a permit, renewal of a permit, plan	35929
approval, or modification thereof, under Chapter 3704., 3734.,	35930
6109., or 6111. of the Revised Code and applicable rules adopted	35931
under them, other than a hazardous waste facility installation and	35932
operation permit or renewal or modification of such a permit, a	35933
permit to establish or modify an infectious waste treatment	35934
facility, a permit to install a solid waste incineration facility	35935
that also would treat infectious wastes, or a permit to modify a	35936
solid waste incineration facility to also treat infectious wastes	35937
under Chapter 3734. of the Revised Code, may submit a written	35938
request to the director to have the compliance review conducted by	35939
an engineer certified under this section. The request shall	35940
accompany the permit application, shall indicate the applicant's	35941
choice from among the certified engineers on the director's list	35942
who are qualified to conduct the compliance review, shall be	35943
accompanied by separate certifications by the applicant and the	35944
engineer indicating that the applicant does not have and has not	35945
had during the preceding two years a financial interest in the	35946
engineer and has not employed or retained the engineer to perform	35947
services for the applicant during the preceding two years, and may	35948
be accompanied by a draft proposal for conducting the compliance	35949
review that was developed by the applicant and the engineer. No	35950
such draft proposal is binding upon the director.	35951

Within seven days after receiving a request under this	35952
division, the director shall do all of the following, as	35953
appropriate:	35954

(1) In the director's discretion, approve or disapprove the	35955
applicant's request to have the compliance review of the	35956
application conducted by an engineer on the list of certified	35957
engineers prepared under this section;	35958

(2) If the director approves the conducting of the compliance	35959
review by such a certified engineer, approve or disapprove, in the	35960
director's discretion, the applicant's choice of the engineer;	35961

(3) Mail written notice of decisions made under divisions	35962
(D)(1) and (2) of this section to the applicant.	35963

If the director fails to mail notice of the director's	35964
decisions on the request to the applicant within seven days after	35965
receiving the request, it is conclusively presumed that the	35966
director approved the applicant's request to have the compliance	35967
review conducted by a certified engineer and the applicant's	35968
choice of the engineer, and the director shall enter into a	35969
contract with the engineer chosen by the applicant. If the	35970
director disapproves the applicant's choice of an engineer and	35971
provides timely notice of the disapproval to the applicant, the	35972
director and applicant, by mutual agreement, shall select another	35973
engineer from the list prepared under this section to conduct the	35974
compliance review, and the director shall enter into a contract	35975
with that engineer.	35976

(E) The director may enter into contracts for conducting	35977
performance reviews under division (D) of this section without	35978
advertising for bids. The commencement of any work under such a	35979
contract shall be contingent upon the director's receipt of	35980
payment from the applicant of an amount that is equal to one	35981
hundred ten per cent of the amount specified in the contract,	35982
excluding contingencies for any additional work that may be needed	35983
to properly complete the review and that was not anticipated when	35984
the contract was made. Moneys received by the director from an	35985
applicant shall be deposited into the permit review fund, which is	35986
hereby created in the state treasury. The director shall use	35987
moneys in the fund to pay the cost of compliance reviews conducted	35988
pursuant to contracts entered into under division (D) of this	35989
section and to administer the certification program established	35990
under division (B) of this section. The director may use any	35991
moneys in the fund not needed for those purposes to administer the	35992
environmental laws or programs of this state.	35993

If, while conducting a compliance review, the engineer finds	35994
that work in addition to that upon which the cost under the	35995
contract was based, or any additional work previously authorized	35996
under this division, is needed to properly review the application	35997
and accompanying information for compliance with the applicable	35998
performance standards, the engineer shall notify the director of	35999
that fact and of the cost of the additional work, as determined	36000
pursuant to the terms of the contract. If the director finds that	36001
the additional work is needed and that the costs of performing the	36002
work have been determined in accordance with the terms of the	36003
contract, the director shall authorize the contractor to perform	36004
the work. Upon completion of the additional work, the contractor	36005
shall submit to the director an invoice for the cost of performing	36006
the additional work, and the director shall forward a copy of the	36007
invoice to the applicant. The applicant is liable to the state for	36008
an amount equal to one hundred ten per cent of the cost of	36009
performing the additional work and, within thirty days after	36010
receiving a copy of the invoice, shall pay to the director an	36011
amount equal to one hundred ten per cent of the amount indicated	36012
on the invoice. Upon receiving this payment, the director shall	36013
forward the moneys to the treasurer of state, who shall deposit	36014
them into the state treasury to the credit of the permit review	36015
fund.	36016

Until the applicant pays to the director the amount due in	36017
connection with the additional work, the director shall not issue	36018
to the applicant any permit, renewal of a permit, or plan	36019
approval, or modification thereof, for which an application is	36020
pending before the director. The director also may certify the	36021
unpaid amount to the attorney general and request that the	36022
attorney general bring a civil action against the applicant to	36023
recover that amount. Any moneys so recovered shall be deposited	36024
into the state treasury to the credit of the permit review fund.	36025

(F) Upon completing a compliance review conducted under this	36026
section, the engineer shall make a certification to the director	36027
as to whether the existing or proposed facility, source, activity,	36028
or modification will comply with the applicable performance	36029
standards. If the certification indicates that the existing or	36030
proposed facility, source, activity, or modification will not	36031
comply, the engineer shall include in the certification the	36032
engineer's findings as to the causes of the noncompliance.	36033

(G) When a compliance review is conducted by an engineer	36034
certified under this section, the other activities in connection	36035
with the consideration, approval, and issuance of the permit,	36036
renewal of the permit, or plan approval, or modification thereof,	36037
shall be conducted by the director ~~or, when applicable, the~~	36038
~~hazardous waste facility board established in section 3734.05 of~~	36039
~~the Revised Code,~~ in accordance with the applicable provisions of	36040
Chapter 3704., 3734., 6109., or 6111. of the Revised Code and	36041
rules adopted under the applicable chapter.	36042

(H) All expenses incurred by the attorney general in bringing	36043
a civil action under this section shall be reimbursed from the	36044
permit review fund in accordance with Chapter 109. of the Revised	36045
Code.	36046

Sec. 3745.40. (A) There is hereby created the clean Ohio	36047
operating fund consisting of moneys credited to the fund in	36048
accordance with this section. The fund shall be used to pay the	36049
costs incurred by the director of environmental protection	36050
pursuant to sections 122.65 to 122.658 of the Revised Code.	36051
Investment earnings of the fund shall be credited to the fund~~. For~~	36052
~~two years after the effective date of this section, investment~~	36053
~~earnings credited to the fund~~and may be used to pay	36054
administrative costs incurred by the director pursuant to those	36055
sections.	36056

(B) Notwithstanding section 3746.16 of the Revised Code, upon	36057
the request of the director of environmental protection, the	36058
director of development shall certify to the director of budget	36059
and management the amount of excess investment earnings that are	36060
available to be transferred from the clean Ohio revitalization	36061
fund created in section 122.658 of the Revised Code to the clean	36062
Ohio operating fund. Upon certification, the director of budget	36063
and management may transfer from the clean Ohio revitalization	36064
fund to the clean Ohio operating fund an amount not exceeding the	36065
amount of the annual appropriation to the clean Ohio operating	36066
fund.	36067

Sec. 3746.13. (A) For property that does not involve the	36068
issuance of a consolidated standards permit under section 3746.15	36069
of the Revised Code and where no engineering or institutional	36070
controls are used to comply with applicable standards, the	36071
director of environmental protection shall issue a covenant not to	36072
sue pursuant to section 3746.12 of the Revised Code by issuance of	36073
an order as a final action under Chapter 3745. of the Revised Code	36074
within thirty days after the director receives the no further	36075
action letter for the property and accompanying verification from	36076
the certified professional who prepared the letter under section	36077
3746.11 of the Revised Code.	36078

(B) For property that involves the issuance of a consolidated	36079
standards permit under section 3746.15 of the Revised Code or	36080
where engineering or institutional controls are used to comply	36081
with applicable standards, the director shall issue a covenant not	36082
to sue by issuance of an order as a final action under Chapter	36083
3745. of the Revised Code within ninety days after the director	36084
receives the no further action letter for the property and	36085
accompanying verification from the certified professional who	36086
prepared the letter.	36087

(C) Except as provided in division (D) of this section, each	36088
person who is issued a covenant not to sue under this section	36089
shall pay the fee established pursuant to rules adopted under	36090
division (B)(8) of section 3746.04 of the Revised Code. Until	36091
those rules become effective, each person who is issued a covenant	36092
not to sue shall pay a fee of two thousand dollars. The fee shall	36093
be paid to the director at the time that the no further action	36094
letter and accompanying verification are submitted to the	36095
director.	36096

(D) An applicant, as defined in section 122.65 of the Revised	36097
Code, who has entered into an agreement under section 122.653 of	36098
the Revised Code and who is issued a covenant not to sue under	36099
this section shall not be required to pay the fee for the issuance	36100
of a covenant not to sue established in rules adopted under	36101
division (B)(8) of section 3746.04 of the Revised Code.	36102

Sec. 3747.16. (A) As provided in division (A)(17) of section	36103
3747.06 of the Revised Code, the staff of the board of directors	36104
of the Ohio low-level radioactive waste facility development	36105
authority shall negotiate with the legislative authority of the	36106
host community for the purpose of developing a compensation	36107
agreement. The agreement shall include compensation for all of the	36108
following:	36109

(1) Replacement of lost tax revenue due to public ownership	36110
of any property based on the amount of tax revenue that would have	36111
been received if the property had not been acquired by the	36112
authority on behalf of the state for use as a disposal site;	36113

(2) Improvements in the public infrastructure necessary to	36114
support development and operation of the facility;	36115

(3) The hiring of employees to address the increased	36116
administrative workload resulting from siting the facility in the	36117
host community and to establish a local public information	36118
program;	36119

(4) Enhanced emergency response capability, including,	36120
without limitation, personnel and equipment;	36121

(5) The hiring of an independent, qualified inspector to be	36122
located at the facility during the period of construction and	36123
operation, with continuing responsibility to monitor all	36124
activities associated with closure, institutional control, and	36125
long-term care;	36126

(6) Compensation for additional direct impacts not identified	36127
in divisions (A)(1) to (5) of this section that may result from	36128
siting the facility in the host community.	36129

Following the negotiations, the board shall approve, approve	36130
with modifications requested by the board, or disapprove the	36131
agreement in accordance with division (A)(17) of section 3747.06	36132
of the Revised Code. ~~If the staff of the board and the legislative~~	36133
~~authority of the host community fail to agree on a compensation~~	36134
~~agreement, the board shall submit the matter for resolution to the~~	36135
~~Ohio commission on dispute resolution and conflict management~~	36136
~~created in Chapter 179. of the Revised Code.~~	36137

(B)(1) In addition to entering into an agreement with the	36138
board for compensation for direct impacts, the host community may	36139
negotiate a benefits agreement with the staff of the board. In	36140
accordance with division (A)(17) of section 3747.06 of the Revised	36141
Code, the board shall approve, approve with modifications	36142
requested by the board, or disapprove any such agreement.	36143

(2) The legislative authority of the host community may	36144
request the board to establish epidemiological health studies in	36145
the host community in accordance with division (A)(18) of section	36146
3747.06 of the Revised Code.	36147

(C) An affected community may petition the board for	36148
compensation for direct impacts on that community. The staff of	36149
the board shall negotiate any such agreement, and the board shall	36150
approve, approve with modifications requested by the board, or	36151
disapprove the agreement in accordance with division (A)(17) of	36152
section 3747.06 of the Revised Code.	36153

(D) At any time after final determination of licensure of the	36154
facility and until the expiration of the first five years that the	36155
facility is in operation, a property owner within the host	36156
community or an affected community who is selling or attempting to	36157
sell the property owner's property and who can demonstrate to the	36158
board that the property has been devalued as a direct result of	36159
the siting of the facility in the host community may petition the	36160
board for compensation or for the purchase of the property in	36161
accordance with rules adopted under division (A)(13) of section	36162
3747.07 of the Revised Code.	36163

Sec. 3748.07. (A) Every facility that proposes to handle	36164
radioactive material or radiation-generating equipment for which	36165
licensure or registration, respectively, by its handler is	36166
required shall apply in writing to the director of health on forms	36167
prescribed and provided by the director for licensure or	36168
registration. Terms and conditions of licenses and certificates of	36169
registration may be amended in accordance with rules adopted under	36170
section 3748.04 of the Revised Code or orders issued by the	36171
director pursuant to section 3748.05 of the Revised Code.	36172

(B) Until rules are adopted under section 3748.04 of the	36173
Revised Code, an application for a certificate of registration	36174
shall be accompanied by a biennial registration fee of ~~one~~two	36175
hundred ~~sixty~~ dollars. On and after the effective date of those	36176
rules, an applicant for a license, registration certificate, or	36177
renewal of either shall pay the appropriate fee established in	36178
those rules.	36179

All fees collected under this section shall be deposited in	36180
the state treasury to the credit of the general operations fund	36181
created in section 3701.83 of the Revised Code. The fees shall be	36182
used solely to administer and enforce this chapter and rules	36183
adopted under it.	36184

Any fee required under this section that has not been paid	36185
within ninety days after the invoice date shall be assessed at two	36186
times the original invoiced fee. Any fee that has not been paid	36187
within one hundred eighty days after the invoice date shall be	36188
assessed at five times the original invoiced fee.	36189

(C) The director shall grant a license or registration to any	36190
applicant who has paid the required fee and is in compliance with	36191
this chapter and rules adopted under it.	36192

Until rules are adopted under section 3748.04 of the Revised	36193
Code, certificates of registration shall be effective for two	36194
years from the date of issuance. On and after the effective date	36195
of those rules, licenses and certificates of registration shall be	36196
effective for the applicable period established in those rules.	36197
Licenses and certificates of registration shall be renewed in	36198
accordance with the standard renewal procedure established in	36199
Chapter 4745. of the Revised Code.	36200

Sec. 3748.13. (A) The director of health shall inspect	36201
sources of radiation for which licensure or registration by the	36202
handler is required, and the sources' shielding and surroundings,	36203
according to the schedule established in rules adopted under	36204
division (D) of section 3748.04 of the Revised Code. In accordance	36205
with rules adopted under that section, the director shall inspect	36206
all records and operating procedures of handlers that install	36207
sources of radiation and all sources of radiation for which	36208
licensure of radioactive material or registration of	36209
radiation-generating equipment by the handler is required. The	36210
director may make other inspections upon receiving complaints or	36211
other evidence of violation of this chapter or rules adopted under	36212
it.	36213

The director shall require any hospital registered under	36214
division (A) of section 3701.07 of the Revised Code to develop and	36215
maintain a quality assurance program for all sources of	36216
radiation-generating equipment. A certified radiation expert shall	36217
conduct oversight and maintenance of the program and shall file a	36218
report of audits of the program with the director on forms	36219
prescribed by the director. The audit reports shall become part of	36220
the inspection record.	36221

(B) Until rules are adopted under division (A)(8) of section	36222
3748.04 of the Revised Code, a facility shall pay inspection fees	36223
according to the following schedule and categories:	36224

First dental x-ray tube	$ ~~94.00~~ 118.00	36225
Each additional dental x-ray tube at the same location	$ ~~47.00~~ 59.00	36226
First medical x-ray tube	$~~187.00~~ 235.00	36227
Each additional medical x-ray tube at the same location	$ ~~94.00~~ 125.00	36228
Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak	$~~373.00~~ 466.00	36229
First nonionizing radiation-generating equipment of any kind	$~~187.00~~ 235.00	36230
Each additional nonionizing radiation-generating equipment of any kind at the same location	$ ~~94.00~~ 125.00	36231
Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation	$~~233.00~~ 291.00	36232

Until rules are adopted under division (A)(8) of section	36233
3748.04 of the Revised Code, the fee for an inspection to	36234
determine whether violations cited in a previous inspection have	36235
been corrected is fifty per cent of the fee applicable under the	36236
schedule in this division. Until those rules are adopted, the fee	36237
for the inspection of a facility that is not licensed or	36238
registered and for which no license or registration application is	36239
pending at the time of inspection is ~~two~~three hundred ~~ninety~~	36240
sixty-three dollars plus the fee applicable under the schedule in	36241
this division.	36242

The director may conduct a review of shielding plans or the	36243
adequacy of shielding on the request of a licensee or registrant	36244
or an applicant for licensure or registration or during an	36245
inspection when the director considers a review to be necessary.	36246
Until rules are adopted under division (A)(8) of section 3748.04	36247
of the Revised Code, the fee for the review is ~~four~~five hundred	36248
~~sixty-six~~eighty-three dollars for each room where a source of	36249
radiation is used and is in addition to any other fee applicable	36250
under the schedule in this division.	36251

All fees shall be paid to the department of health no later	36252
than thirty days after the invoice for the fee is mailed. Fees	36253
shall be deposited in the general operations fund created in	36254
section 3701.83 of the Revised Code. The fees shall be used solely	36255
to administer and enforce this chapter and rules adopted under it.	36256

Any fee required under this section that has not been paid	36257
within ninety days after the invoice date shall be assessed at two	36258
times the original invoiced fee. Any fee that has not been paid	36259
within one hundred eighty days after the invoice date shall be	36260
assessed at five times the original invoiced fee.	36261

(C) If the director determines that a board of health of a	36262
city or general health district is qualified to conduct	36263
inspections of radiation-generating equipment, the director may	36264
delegate to the board, by contract, the authority to conduct such	36265
inspections. In making a determination of the qualifications of a	36266
board of health to conduct those inspections, the director shall	36267
evaluate the credentials of the individuals who are to conduct the	36268
inspections of radiation-generating equipment and the radiation	36269
detection and measuring equipment available to them for that	36270
purpose. If a contract is entered into, the board shall have the	36271
same authority to make inspections of radiation-generating	36272
equipment as the director has under this chapter and rules adopted	36273
under it. The contract shall stipulate that only individuals	36274
approved by the director as qualified shall be permitted to	36275
inspect radiation-generating equipment under the contract's	36276
provisions. The contract shall provide for such compensation for	36277
services as is agreed to by the director and the board of health	36278
of the contracting health district. The director may reevaluate	36279
the credentials of the inspection personnel and their radiation	36280
detecting and measuring equipment as often as the director	36281
considers necessary and may terminate any contract with the board	36282
of health of any health district that, in the director's opinion,	36283
is not satisfactorily performing the terms of the contract.	36284

(D) The director may enter at all reasonable times upon any	36285
public or private property to determine compliance with this	36286
chapter and rules adopted under it.	36287

Sec. 3769.087. (A) In addition to the commission of eighteen	36288
per cent retained by each permit holder as provided in section	36289
3769.08 of the Revised Code, each permit holder shall retain an	36290
additional amount equal to four per cent of the total of all	36291
moneys wagered on each racing day on all wagering pools other than	36292
win, place, and show, of which amount retained an amount equal to	36293
three per cent of the total of all moneys wagered on each racing	36294
day on those pools shall be paid by check, draft, or money order	36295
to the tax commissioner, as a tax. Subject to the restrictions	36296
contained in divisions (B), (C), and (M) of section 3769.08 of the	36297
Revised Code, from such additional moneys paid to the tax	36298
commissioner:	36299

(1) Four-sixths shall be allocated to fund distribution as	36300
provided in division (M) of section 3769.08 of the Revised Code.	36301

(2) One-twelfth shall be paid into the Ohio fairs fund	36302
created by section 3769.082 of the Revised Code.	36303

(3) One-twelfth of the additional moneys paid to the tax	36304
commissioner by thoroughbred racing permit holders shall be paid	36305
into the Ohio thoroughbred race fund created by section 3769.083	36306
of the Revised Code.	36307

(4) One-twelfth of the additional moneys paid to the tax	36308
commissioner by harness horse racing permit holders shall be paid	36309
to the Ohio standardbred development fund created by section	36310
3769.085 of the Revised Code.	36311

(5) One-twelfth of the additional moneys paid to the tax	36312
commissioner by quarter horse racing permit holders shall be paid	36313
to the Ohio quarter horse development fund created by section	36314
3769.086 of the Revised Code.	36315

(6) One-sixth shall be paid into the state racing commission	36316
operating fund created by section 3769.03 of the Revised Code.	36317

The remaining one per cent that is retained of the total of	36318
all moneys wagered on each racing day on all pools other than win,	36319
place, and show, shall be retained by racing permit holders, and,	36320
except as otherwise provided in section 3769.089 of the Revised	36321
Code, racing permit holders shall use one-half for purse money and	36322
retain one-half.	36323

(B) In addition to the commission of eighteen per cent	36324
retained by each permit holder as provided in section 3769.08 of	36325
the Revised Code and the additional amount retained by each permit	36326
holder as provided in division (A) of this section, each permit	36327
holder shall retain an additional amount equal to one-half of one	36328
per cent of the total of all moneys wagered on each racing day on	36329
all wagering pools other than win, place, and show. ~~From~~Except as	36330
provided in division (C) of this section, from the additional	36331
amount retained under this division, each permit holder shall	36332
retain an amount equal to one-quarter of one per cent of the total	36333
of all moneys wagered on each racing day on all pools other than	36334
win, place, and show and shall pay that amount by check, draft, or	36335
money order to the tax commissioner, as a tax. The tax	36336
commissioner shall pay the amount of the tax received under this	36337
division to the state racing commission operating fund created by	36338
section 3769.03 of the Revised Code.	36339

~~The~~Except as provided in division (C) of this section, the	36340
remaining one-quarter of one per cent that is retained from the	36341
total of all moneys wagered on each racing day on all pools other	36342
than win, place, and show shall be retained by the permit holder,	36343
and the permit holder shall use one-half for purse money and	36344
retain one-half.	36345

(C) During the period commencing on July 1, 2003, and ending	36346
on and including June 30, 2005, the additional amount retained by	36347
each permit holder under division (B) of this section shall be	36348
paid by check, draft, or money order to the tax commissioner, as a	36349
tax. The tax commissioner shall pay the amount of the tax received	36350
under this division to the state racing commission operating fund	36351
created by section 3769.03 of the Revised Code.	36352

Sec. 3770.07. (A)~~(1)~~ Lottery prize awards shall be claimed	36353
by the holder of the winning lottery ticket, or by the executor or	36354
administrator, or the trustee of a trust, of the estate of a	36355
deceased holder of a winning ticket, in a manner to be determined	36356
by the state lottery commission, within one hundred eighty days	36357
after the date on which such prize award was announced if the	36358
lottery game is an on-line game, and within one hundred eighty	36359
days after the close of the game if the lottery game is an instant	36360
game. ~~Except as otherwise provided in division (B) of this~~	36361
~~section, if~~If no valid claim to the prize award is made within	36362
the prescribed period, the prize money or the cost of goods and	36363
services awarded as prizes, or if such goods or services are	36364
resold by the commission, the proceeds from such sale, shall be	36365
returned to the state lottery fund and distributed in accordance	36366
with section 3770.06 of the Revised Code.	36367

~~(2)~~(B) If a prize winner, as defined in section 3770.10 of	36368
the Revised Code, is under eighteen years of age, or is under some	36369
other legal disability, and the prize money or the cost of goods	36370
or services awarded as a prize exceeds one thousand dollars, the	36371
director shall order that payment be made to the order of the	36372
legal guardian of that prize winner. If the amount of the prize	36373
money or the cost of goods or services awarded as a prize is one	36374
thousand dollars or less, the director may order that payment be	36375
made to the order of the adult member, if any, of that prize	36376
winner's family legally responsible for the care of that prize	36377
winner.	36378

~~(3)~~(C) No right of any prize winner, as defined in section	36379
3770.10 of the Revised Code, to a prize award shall be the subject	36380
of a security interest or used as collateral.	36381

~~(4)(a)~~(D)(1) No right of any prize winner, as defined in	36382
section 3770.10 of the Revised Code, to a prize award shall be	36383
assignable, or subject to garnishment, attachment, execution,	36384
withholding, or deduction, except as follows: as provided in	36385
sections 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the	36386
Revised Code; when the payment is to be made to the executor or	36387
administrator or the trustee of a trust of the estate of a winning	36388
ticket holder; when the award of a prize is disputed, any person	36389
may be awarded a prize award to which another has claimed title,	36390
pursuant to the order of a court of competent jurisdiction; when	36391
the director is to make a payment pursuant to ~~section~~sections	36392
3770.071 or 3770.073 of the Revised Code; or as provided in	36393
sections 3770.10 to 3770.14 of the Revised Code.	36394

~~(b)~~(2) The commission shall adopt rules pursuant to section	36395
3770.03 of the Revised Code concerning the payment of prize awards	36396
upon the death of a prize winner. Upon the death of a prize	36397
winner, as defined in section 3770.10 of the Revised Code, the	36398
remainder of the prize winner's prize award, to the extent it is	36399
not subject to a transfer agreement under sections 3770.10 to	36400
3770.14 of the Revised Code, may be paid to the executor,	36401
administrator, or trustee in the form of a discounted lump sum	36402
cash settlement.	36403

~~(5)~~(E) No lottery prize award shall be awarded to or for any	36404
officer or employee of the state lottery commission, any officer	36405
or employee of the auditor of state actively coordinating and	36406
certifying commission drawings, or any blood relative or spouse of	36407
such officer or employee of the commission or auditor of state	36408
living as a member of such officer's or employee's household, nor	36409
shall any such employee, blood relative, or spouse attempt to	36410
claim a lottery prize award.	36411

~~(6)~~(F) The director may prohibit vendors to the commission	36412
and their employees from being awarded a lottery prize award.	36413

~~(7)~~(G) Upon the payment of prize awards pursuant to this	36414
section, the director and the commission are discharged from all	36415
further liability therefor.	36416

~~(B) The commission may adopt rules governing the disbursement~~	36417
~~of unclaimed prize awards as all or part of the prize award in a~~	36418
~~lottery and may, pursuant to those rules, conduct the lottery and~~	36419
~~disburse any such unclaimed prize awards. Any lottery in which all~~	36420
~~or any part of the prize award is paid from unclaimed prize awards~~	36421
~~shall be conducted in accordance with all of the other~~	36422
~~requirements of this chapter, including, but not limited to, the~~	36423
~~time and proof requirements for claiming awards and the~~	36424
~~disposition of unclaimed prize awards when the prescribed period~~	36425
~~for claiming the award has passed. A prize award or any part of a~~	36426
~~prize award that is paid from an unclaimed prize award shall not~~	36427
~~be reapplied toward the satisfaction of the requirement of~~	36428
~~division (A) of section 3770.06 of the Revised Code that at least~~	36429
~~fifty per cent of the total revenues from ticket sales be~~	36430
~~disbursed for monetary prize awards, if such unclaimed prize award~~	36431
~~was previously applied toward the satisfaction of that~~	36432
~~requirement. On or before the last day of January and July each~~	36433
~~year, the commission shall report to the general assembly the~~	36434
~~gross sales and net profits the commission obtained from the~~	36435
~~unclaimed prize awards in lotteries conducted pursuant to this~~	36436
~~division during the preceding two calendar quarters, including the~~	36437
~~amount of money produced by the games funded by the unclaimed~~	36438
~~prize awards and the total revenue accruing to the state from the~~	36439
~~prize award lotteries conducted pursuant to this division.~~	36440

~~There is hereby established in the state treasury the~~	36441
~~unclaimed lottery prizes fund, to which all unclaimed prize awards~~	36442
~~shall be transferred. Any interest that accrues on the amounts in~~	36443
~~the fund shall become a part of the fund and shall be subject to~~	36444
~~any rules adopted by the commission governing the disbursement of~~	36445
~~unclaimed prize awards.~~	36446

Sec. 3770.073. (A) If a person is entitled to a lottery	36447
prize award and is indebted to the state for the payment of any	36448
tax, workers' compensation premium, unemployment contribution,	36449
payment in lieu of unemployment contribution, or charge, penalty,	36450
or interest arising from these debts and the amount of the prize	36451
money or the cost of goods or services awarded as a lottery prize	36452
award is five thousand dollars or more, the director of the state	36453
lottery commission, or the director's designee, shall do either of	36454
the following:	36455

(1) If the prize award will be paid in a lump sum, deduct	36456
from the prize award and pay to the attorney general an amount in	36457
satisfaction of the debt and pay any remainder to that person. If	36458
the amount of the prize award is less than the amount of the debt,	36459
the entire amount of the prize award shall be deducted and paid in	36460
partial satisfaction of the debt.	36461

(2) If the prize award will be paid in annual installments,	36462
on the date the initial installment payment is due, deduct from	36463
that installment and pay to the attorney general an amount in	36464
satisfaction of the debt and, if necessary to collect the full	36465
amount of the debt, do the same for any subsequent annual	36466
installments, at the time the installments become due and owing to	36467
the person, until the debt is fully satisfied.	36468

(B) If a person entitled to a lottery prize award owes more	36469
than one debt, any debt subject to section 5739.33 or division (G)	36470
of section 5747.07 of the Revised Code shall be satisfied first.	36471

(C) This section applies only to debts that have become	36472
final.	36473

Sec. 3770.10. As used in sections 3770.07 and 3770.10 to	36474
3770.14 of the Revised Code:	36475

(A) "Court of competent jurisdiction" means the probate court	36476
of the county in which the prize winner resides, or, if the prize	36477
winner is not a resident of this state, the probate court of	36478
Franklin county or a federal court having jurisdiction over the	36479
lottery prize award.	36480

(B) "Discounted present value" means the present value of the	36481
future payments of a lottery prize award that is determined by	36482
discounting those payments to the present, using the most recently	36483
published applicable federal rate for determining the present	36484
value of an annuity as issued by the United States internal	36485
revenue service and assuming daily compounding.	36486

(C) "Independent professional advice" means the advice of an	36487
attorney, a certified public accountant, an actuary, or any other	36488
licensed professional adviser if all of the following apply:	36489

(1) The prize winner has engaged the services of the licensed	36490
professional adviser to render advice concerning the legal and	36491
other implications of a transfer of the lottery prize award.	36492

(2) The licensed professional adviser is not affiliated in	36493
any manner with or compensated in any manner by the transferee of	36494
the lottery prize award.	36495

(3) The compensation of the licensed professional adviser is	36496
not affected by whether or not a transfer of a lottery prize award	36497
occurs.	36498

(D) "Prize winner" means any person that holds the right to	36499
receive all or any part of a lottery prize award as a result of	36500
being any of the following:	36501

(1) A person who is a claimant under division (A)~~(1)~~ of	36502
section 3770.07 of the Revised Code;	36503

(2) A person who is entitled to a prize award and who is	36504
under a legal disability as described in division ~~(A)(2)~~(B) of	36505
section 3770.07 of the Revised Code;	36506

(3) A person who was awarded a prize award to which another	36507
has claimed title by a court order under division ~~(A)(4)(a)~~(D)(1)	36508
of section 3770.07 of the Revised Code;	36509

(4) A person who is receiving payments upon the death of a	36510
prize winner as provided in division ~~(A)(4)(b)~~(D)(2) of section	36511
3770.07 of the Revised Code.	36512

(E) "Transfer" means any form of sale, assignment, or	36513
redirection of payment of all or any part of a lottery prize award	36514
for consideration.	36515

(F) "Transfer agreement" means an agreement that is complete	36516
and valid, and that provides for the transfer of all or any part	36517
of a lottery prize award from a transferor to a transferee. A	36518
transfer agreement is incomplete and invalid unless the agreement	36519
contains both of the following:	36520

(1) A statement, signed by the transferor under penalties of	36521
perjury, that the transferor irrevocably agrees that the	36522
transferor is subject to the tax imposed by Chapter 5733. or 5747.	36523
of the Revised Code with respect to gain or income which the	36524
transferor will recognize in connection with the transfer. If the	36525
transferor is a pass-through entity, as defined in section 5733.04	36526
of the Revised Code, each investor in the pass-through entity	36527
shall also sign under penalties of perjury a statement that the	36528
investor irrevocably agrees that the investor is subject to the	36529
tax imposed by Chapter 5733. or 5747. of the Revised Code with	36530
respect to gain or income which the transferor and the investor	36531
will recognize in connection with the transfer.	36532

(2) A statement, signed by the transferee, that the	36533
transferee irrevocably agrees that the transferee is subject to	36534
the withholding requirements imposed by division (C) of section	36535
3770.072 of the Revised Code and is subject to the tax imposed by	36536
Chapter 5733. or 5747. of the Revised Code with respect to gain or	36537
income which the transferee will recognize in connection with	36538
lottery prize awards to be received as a result of the transfer.	36539
If the transferee is a pass-through entity, as defined in section	36540
5733.04 of the Revised Code, each investor in the pass-through	36541
entity shall also sign under penalties of perjury a statement	36542
setting forth that the investor irrevocably agrees that the	36543
investor is subject to the withholding requirements imposed by	36544
division (C) of section 3770.072 of the Revised Code and is	36545
subject to the tax imposed by Chapter 5733. or 5747. of the	36546
Revised Code with respect to gain or income which the transferee	36547
and the investor will recognize in connection with lottery prize	36548
awards to be received as a result of the transfer.	36549

(G) "Transferee" means a party acquiring or proposing to	36550
acquire all or any part of a lottery prize award through a	36551
transfer.	36552

(H) "Transferor" means either a prize winner or a transferee	36553
in an earlier transfer whose interest is acquired by or is sought	36554
to be acquired by a transferee or a new transferee through a	36555
transfer.	36556

Sec. 3770.99. (A) Whoever is prohibited from claiming a	36557
lottery prize award under division ~~(A)(5)~~(E) of section 3770.07 of	36558
the Revised Code and attempts to claim or is paid a lottery prize	36559
award is guilty of a minor misdemeanor, and shall provide	36560
restitution to the state lottery commission of any moneys	36561
erroneously paid as a lottery prize award to that person.	36562

(B) Whoever violates division (C) of section 3770.071 or	36563
section 3770.08 of the Revised Code is guilty of a misdemeanor of	36564
the third degree.	36565

Sec. 3773.33. (A) There is hereby created the Ohio athletic	36566
commission. The commission shall consist of five voting members	36567
appointed by the governor with the advice and consent of the	36568
senate, not more than three of whom shall be of the same political	36569
party, and two nonvoting members, one of whom shall be a member of	36570
the senate appointed by and to serve at the pleasure of the	36571
president of the senate and one of whom shall be a member of the	36572
house of representatives appointed by and to serve at the pleasure	36573
of the speaker of the house of representatives. To be eligible for	36574
appointment as a voting member, a person shall be a qualified	36575
elector and a resident of the state for not less than five years	36576
immediately preceding the person's appointment. Two voting members	36577
shall be knowledgeable in boxing, at least one voting member shall	36578
be knowledgeable and experienced in high school athletics, one	36579
voting member shall be knowledgeable and experienced in	36580
professional athletics, and at least one voting member shall be	36581
knowledgeable and experienced in collegiate athletics. One	36582
commission member shall hold the degree of doctor of medicine or	36583
doctor of osteopathy.	36584

(B) No person shall be appointed to the commission or be an	36585
employee of the commission who is licensed, registered, or	36586
regulated by the commission. No member shall have any legal or	36587
beneficial interest, direct or indirect, pecuniary or otherwise,	36588
in any person who is licensed, registered, or regulated by the	36589
commission or who participates in prize fights or public boxing or	36590
wrestling matches or exhibitions. No member shall participate in	36591
any fight, match, or exhibition other than in the member's	36592
official capacity as a member of the commission, or as an	36593
inspector as authorized in section 3773.52 of the Revised Code.	36594

(C) The governor shall appoint the voting members to the	36595
commission. Of the initial appointments, two shall be for terms	36596
ending one year after September 3, 1996, two shall be for terms	36597
ending two years after September 3, 1996, and one shall be for a	36598
term ending three years after September 3, 1996. Thereafter, terms	36599
of office shall be for three years, each term ending the same day	36600
of the same month of the year as did the term which it succeeds.	36601
Each member shall hold office from the date of the member's	36602
appointment until the end of the term for which the member was	36603
appointed. Any member appointed to fill a vacancy occurring prior	36604
to the expiration of the term for which the member's predecessor	36605
was appointed shall hold office for the remainder of the term. Any	36606
member shall continue in office subsequent to the expiration date	36607
of the member's term until the member's successor takes office, or	36608
until a period of sixty days has elapsed, whichever occurs first.	36609

The governor shall name one voting member as chairperson of	36610
the commission at the time of making the appointment of any member	36611
for a full term. Three voting members shall constitute a quorum,	36612
and the affirmative vote of three voting members shall be	36613
necessary for any action taken by the commission. No vacancy on	36614
the commission impairs the authority of the remaining members to	36615
exercise all powers of the commission.	36616

Voting members, when engaged in commission duties, shall	36617
receive a per diem compensation determined in accordance with	36618
division (J) of section 124.15 of the Revised Code, and all	36619
members shall receive their actual and necessary expenses incurred	36620
in the performance of their official duties.	36621

Each voting member, before entering upon the discharge of the	36622
member's duties, shall file a surety bond payable to the treasurer	36623
of state in the sum of ten thousand dollars. Each surety bond	36624
shall be conditioned upon the faithful performance of the duties	36625
of the office, executed by a surety company authorized to transact	36626
business in this state, and filed in the office of the secretary	36627
of state.	36628

The governor may remove any voting member for malfeasance,	36629
misfeasance, or nonfeasance in office after giving the member a	36630
copy of the charges against the member and affording the member an	36631
opportunity for a public hearing, at which the member may be	36632
represented by counsel, upon not less than ten days' notice. If	36633
the member is removed, the governor shall file a complete	36634
statement of all charges made against the member and the	36635
governor's finding ~~thereon~~on the charges in the office of the	36636
secretary of state, together with a complete report of the	36637
proceedings. The governor's decision shall be final.	36638

~~(D) The commission shall maintain an office in Youngstown and~~	36639
~~keep all of its permanent records there.~~	36640

Sec. 3773.43. The Ohio athletic commission shall charge the	36641
following fees:	36642

(A) For an application for or renewal of a promoter's license	36643
for public boxing matches or exhibitions, ~~fifty~~one hundred	36644
dollars.	36645

(B) For an application for or renewal of a license to	36646
participate in a public boxing match or exhibition as a	36647
contestant, or as a referee, judge, matchmaker, manager,	36648
timekeeper, trainer, or second of a contestant, ~~ten~~twenty	36649
dollars.	36650

(C) For a permit to conduct a public boxing match or	36651
exhibition, ~~ten~~fifty dollars.	36652

(D) For an application for or renewal of a promoter's license	36653
for professional wrestling matches or exhibitions, ~~one~~two hundred	36654
dollars.	36655

(E) For a permit to conduct a professional wrestling match or	36656
exhibition, ~~fifty~~one hundred dollars.	36657

The commission, subject to the approval of the controlling	36658
board, may establish fees in excess of the amounts provided in	36659
this section, provided that such fees do not exceed the amounts	36660
permitted by this section by more than ~~twenty-five~~fifty per cent.	36661

The fees prescribed by this section shall be paid to the	36662
treasurer of state, who shall deposit the fees in the occupational	36663
licensing and regulatory fund.	36664

Sec. 3781.19. There is hereby established in the department	36665
of commerce a board of building appeals consisting of five members	36666
who shall be appointed by the governor with the advice and consent	36667
of the senate. Terms of office shall be for four years, commencing	36668
on the fourteenth day of October and ending on the thirteenth day	36669
of October. Each member shall hold office from the date of ~~his~~	36670
appointment until the end of the term for which hethe member was	36671
appointed. Any member appointed to fill a vacancy occurring prior	36672
to the expiration of the term for which ~~his~~the member's	36673
predecessor was appointed shall hold office for the remainder of	36674
such term. Any member shall continue in office subsequent to the	36675
expiration date of ~~his~~the member's term until ~~his~~a successor	36676
takes office, or until a period of sixty days has elapsed,	36677
whichever occurs first. One member shall be an attorney-at-law,	36678
admitted to the bar of this state and of the remaining members,	36679
one shall be a registered architect and one shall be a	36680
professional engineer, each of whom shall be duly licensed to	36681
practice their respective professions in this state, one shall be	36682
a fire prevention officer qualified under section 3737.66 of the	36683
Revised Code, and one shall be a person with recognized ability in	36684
the plumbing or pipefitting profession. No member of the board of	36685
building standards shall be a member of the board of building	36686
appeals. Each member shall be paid an amount fixed pursuant to	36687
Chapter 124. of the Revised Code per diem. The department shall	36688
provide and assign to the board such employees as are required by	36689
the board to perform its functions. The board may adopt its own	36690
rules of procedure not inconsistent with sections 3781.06 to	36691
3781.18 and 3791.04 of the Revised Code, and may change them in	36692
its discretion. The board may establish reasonable fees, based on	36693
actual costs for administration of filing and processing, not to	36694
exceed ~~one~~two hundred dollars, for the costs of filing and	36695
processing appeals. A full and complete record of all proceedings	36696
of the board shall be kept and be open to public inspection.	36697

In the enforcement by any department of the state or any	36698
political subdivision of this chapter and Chapter 3791., and	36699
sections 3737.41, 3737.42, 4104.02, 4104.06, 4104.44, 4104.45,	36700
4105.011, and 4105.11 of the Revised Code and any rule made	36701
thereunder, such department is the agency referred to in sections	36702
119.07, 119.08, and 119.10 of the Revised Code.	36703

The appropriate municipal or county board of appeals, where	36704
one exists, certified pursuant to section 3781.20 of the Revised	36705
Code shall conduct the adjudication hearing referred to in	36706
sections 119.09 to 119.13 and required by section 3781.031 of the	36707
Revised Code. If there is no certified municipal or county board	36708
of appeals, the board of building appeals shall conduct the	36709
adjudication hearing. If the adjudication hearing concerns section	36710
3781.111 of the Revised Code or any rule made thereunder,	36711
reasonable notice of the time, date, place, and subject of the	36712
hearing shall be given to any local corporation, association, or	36713
other organization composed of or representing handicapped	36714
persons, as defined in section 3781.111 of the Revised Code, or if	36715
there is no local organization, then to any statewide corporation,	36716
association, or other organization composed of or representing	36717
handicapped persons.	36718

In addition to the provisions of Chapter 119. of the Revised	36719
Code, the municipal, county, or state board of building appeals,	36720
as the agency conducting the adjudication hearing, may reverse or	36721
modify the order of the enforcing agency if it finds that the	36722
order is contrary to this chapter and Chapters 3791. and 4104.,	36723
and sections 3737.41, 3737.42, 4105.011 and 4105.11 of the Revised	36724
Code and any rule made thereunder or to a fair interpretation or	36725
application of such laws or any rule made thereunder, or that a	36726
variance from the provisions of such laws or any rule made	36727
thereunder, in the specific case, will not be contrary to the	36728
public interest where a literal enforcement of such provisions	36729
will result in unnecessary hardship.	36730

The state board of building appeals or a certified municipal	36731
or county board of appeals shall render its decision within thirty	36732
days after the date of the adjudication hearing. Following the	36733
adjudication hearing, any municipal or county officer, official	36734
municipal or county board, or person who was a party to the	36735
hearing before the municipal or county board of appeals may apply	36736
to the state board of appeals for a de novo hearing before the	36737
state board, or may appeal directly to the court of common pleas	36738
pursuant to section 3781.031 of the Revised Code.	36739

In addition, any local corporation, association, or other	36740
organization composed of or representing handicapped persons as	36741
defined in section 3781.111 of the Revised Code, or, if no local	36742
corporation, association, or organization exists, then any	36743
statewide corporation, association, or other organization composed	36744
of or representing handicapped persons may apply for the de novo	36745
hearing or appeal to the court of common pleas from any decision	36746
of a certified municipal or county board of appeals interpreting,	36747
applying, or granting a variance from section 3781.111 of the	36748
Revised Code and any rule made thereunder. Application for a de	36749
novo hearing before the state board shall be made no later than	36750
thirty days after the municipal or county board renders its	36751
decision.	36752

The state board of building appeals or the appropriate	36753
certified local board of building appeals shall grant variances	36754
and exemptions from the requirements of section 3781.108 of the	36755
Revised Code in accordance with rules adopted by the board of	36756
building standards pursuant to division (J) of section 3781.10 of	36757
the Revised Code.	36758

The state board of building appeals or the appropriate	36759
certified local board of building appeals shall, in granting a	36760
variance or exemption from section 3781.108 of the Revised Code,	36761
in addition to any other considerations the state or the	36762
appropriate local board determines appropriate, consider the	36763
architectural and historical significance of the building.	36764

Sec. 3901.491. (A) As used in this section:

36765

(1) "Genetic screening or testing" means a laboratory test of	36766
a person's genes or chromosomes for abnormalities, defects, or	36767
deficiencies, including carrier status, that are linked to	36768
physical or mental disorders or impairments, or that indicate a	36769
susceptibility to illness, disease, or other disorders, whether	36770
physical or mental, which test is a direct test for abnormalities,	36771
defects, or deficiencies, and not an indirect manifestation of	36772
genetic disorders.	36773

(2) "Insurer" means any person authorized under Title XXXIX	36774
of the Revised Code to engage in the business of sickness and	36775
accident insurance.	36776

(3) "Sickness and accident insurance" means sickness and	36777
accident insurance under Chapter 3923. of the Revised Code	36778
excluding disability income insurance and excluding supplemental	36779
policies of sickness and accident insurance.	36780

(B) Upon the repeal of section 3901.49 of the Revised Code by	36781
~~Sub. H.B. No. 71 of the 120th general assembly~~, no insurer shall	36782
do either of the following:	36783

(1) Consider any information obtained from genetic screening	36784
or testing in processing an application for an individual or group	36785
policy of sickness and accident insurance, or in determining	36786
insurability under such a policy;	36787

(2) Inquire, directly or indirectly, into the results of	36788
genetic screening or testing or use such information, in whole or	36789
in part, to cancel, refuse to issue or renew, or limit benefits	36790
under, a sickness and accident insurance policy.	36791

(C) Any insurer that has engaged in, is engaged in, or is	36792
about to engage in a violation of division (B) of this section is	36793
subject to the jurisdiction of the superintendent of insurance	36794
under section 3901.04 of the Revised Code.	36795

Sec. 3901.501. (A) As used in this section:

36796

(1) "Genetic screening or testing" means a laboratory test of	36797
a person's genes or chromosomes for abnormalities, defects, or	36798
deficiencies, including carrier status, that are linked to	36799
physical or mental disorders or impairments, or that indicate a	36800
susceptibility to illness, disease, or other disorders, whether	36801
physical or mental, which test is a direct test for abnormalities,	36802
defects, or deficiencies, and not an indirect manifestation of	36803
genetic disorders.	36804

(2) "Self-insurer" means any government entity providing	36805
coverage for health care services on a self-insurance basis.	36806

(B) Upon the repeal of section 3901.50 of the Revised Code by	36807
~~Sub. H.B. No. 71 of the 120th general assembly~~, no self-insurer	36808
shall do either of the following:	36809

(1) Consider any information obtained from genetic screening	36810
or testing in processing an application for coverage under a plan	36811
of self-insurance or in determining insurability under such a	36812
plan;	36813

(2) Inquire, directly or indirectly, into the results of	36814
genetic screening or testing or use such information, in whole or	36815
in part, to cancel, refuse to provide or renew, or limit benefits	36816
under, a plan of self-insurance.	36817

(C) Any self-insurer that has engaged in, is engaged in, or	36818
is about to engage in a violation of division (B) of this section	36819
is subject to the jurisdiction of the superintendent of insurance	36820
under section 3901.04 of the Revised Code.	36821

Sec. 4104.01. As used in sections 4104.01 to 4104.20 and	36822
section 4104.99 of the Revised Code:	36823

(A) "Board of building standards" or "board" means the board	36824
established by section 3781.07 of the Revised Code.	36825

(B) "Superintendent" means the superintendent of the division	36826
of industrial compliance created by section 121.04 of the Revised	36827
Code.	36828

(C) "Boiler" means a closed vessel in which water is heated,	36829
steam is generated, steam is superheated, or any combination	36830
thereof, under pressure or vacuum for use externally to itself by	36831
the direct application of heat from the combustion of fuels, or	36832
from electricity or nuclear energy. "Boiler" includes fired units	36833
for heating or vaporizing liquids other than water where these	36834
units are separate from processing systems and are complete within	36835
themselves.	36836

(D) "Power boiler" means a boiler in which steam or other	36837
vapor (to be used externally to itself) is generated at a pressure	36838
of more than fifteen psig.	36839

(E) "High pressure, high temperature water boiler" means a	36840
water heating boiler operating at pressures exceeding one hundred	36841
sixty psig or temperatures exceeding two hundred fifty degrees	36842
Fahrenheit.	36843

(F) "Low pressure boiler" means a steam boiler operating at	36844
pressures not exceeding fifteen psig, or a hot water heating	36845
boiler operating at pressures not exceeding one hundred sixty psig	36846
or temperatures not exceeding two hundred fifty degrees	36847
Fahrenheit.	36848

(G) "~~Unfired pressure~~Pressure vessel" means a container for	36849
the containment of pressure, either internal or external. This	36850
pressure may be obtained from an external source or by the	36851
application of heat from a direct or indirect source or any	36852
combination thereof.	36853

(H) "Process boiler" means a boiler to which all of the	36854
following apply:	36855

(1) The steam in the boiler is either generated or	36856
superheated, or both, under pressure or vacuum for use external to	36857
itself.	36858

(2) The source of heat for the boiler is in part or in whole	36859
from a process other than the boiler itself.	36860

(3) The boiler is part of a continuous processing unit, such	36861
as used in chemical manufacture or petroleum refining, other than	36862
a steam-generated process unit.	36863

(I) "Stationary steam engine" means an engine or turbine in	36864
which the mechanical force arising from the elasticity and	36865
expansion action of steam or from its property of rapid	36866
condensation or from a combination of the two is made available as	36867
a motive power.	36868

Sec. 4104.02. The board of building standards shall:

36869

(A) Formulate rules for the construction, installation,	36870
~~inspection,~~ repair, conservation of energy, and operation of	36871
boilers and the construction~~, inspection,~~ and repair of ~~unfired~~	36872
pressure vessels and for ascertaining the safe working pressures	36873
to be carried on such boilers and ~~unfired~~ pressure vessels and the	36874
qualification of inspectors of boilers and ~~unfired~~ pressure	36875
vessels;	36876

(B) Prescribe tests, if it is considered necessary, to	36877
ascertain the qualities of materials used in the construction of	36878
boilers and ~~unfired~~ pressure vessels;	36879

(C) Adopt rules regulating the construction and sizes of	36880
safety valves for boilers and ~~unfired~~ pressure vessels of	36881
different sizes and pressures, for the construction, use, and	36882
location of fusible plugs, appliances for indicating the pressure	36883
of steam and level of water in the boiler or ~~unfired~~ pressure	36884
vessels, and such other appliances as the board considers	36885
necessary to safety in operating boilers;	36886

(D) Establish reasonable fees for the performance of reviews,	36887
surveys, or audits of manufacturer's facilities by the division of	36888
industrial compliance for certification by the American society of	36889
mechanical engineers and the national board of boiler and pressure	36890
vessel inspectors;	36891

(E) The definitions and rules adopted by the board for the	36892
construction, installation, ~~inspection,~~ repair, conservation of	36893
energy, and operation of boilers and the construction~~, inspection,~~	36894
and repair of ~~unfired~~ pressure vessels and for ascertaining the	36895
safe working pressures to be used on such boilers and ~~unfired~~	36896
pressure vessels shall be based upon and follow generally accepted	36897
engineering standards, formulae, and practices established and	36898
pertaining to boilers and ~~unfired~~ pressure vessel construction,	36899
operation, and safety, and the board may, for this purpose, adopt	36900
existing published standards as well as amendments thereto	36901
subsequently published by the same authority.	36902

When a person desires to manufacture a special type of boiler	36903
or ~~unfired~~ pressure vessel, the design of which is not covered by	36904
the rules of the board, the person shall submit drawings and	36905
specifications of such boiler or ~~unfired~~ pressure vessel to the	36906
board for investigation, after which the board may permit its	36907
installation.	36908

The provisions of sections 119.03 and 119.11 of the Revised	36909
Code in particular, and the applicable provisions of Chapter 119.	36910
of the Revised Code in general, shall govern the proceedings of	36911
the board of building standards in adopting, amending, or	36912
rescinding rules pursuant to this section.	36913

Sec. 4104.04. (A) Sections 4104.01 to 4104.20 and section	36914
4104.99 of the Revised Code do not apply to the following boilers	36915
and ~~unfired~~ pressure vessels:	36916

(1) Boilers, ~~unfired~~ pressure vessels, and stationary steam	36917
engines under federal control or subject to inspection under	36918
federal laws;	36919

(2) Air tanks located on vehicles operating under the rules	36920
of other state authorities and used for carrying passengers, or	36921
freight;	36922

(3) Air tanks installed on the right of way of railroads and	36923
used directly in the operation of trains;	36924

(4) ~~Unfired pressure~~Pressure vessels ~~which~~that are under	36925
the regulation and control of the state fire marshal under Chapter	36926
3737. of the Revised Code.	36927

(B) The following boilers and ~~unfired~~ pressure vessels are	36928
exempt from the requirements of sections 4104.10, 4104.101,	36929
4104.11, 4104.12, and 4104.13 of the Revised Code, but shall be	36930
equipped with such appliances, to insure safety of operation, as	36931
are prescribed by the board:	36932

(1) Portable boilers or ~~unfired~~ pressure vessels when located	36933
on farms and used solely for agricultural purposes;	36934

(2) Steam or vapor boilers carrying a pressure of not more	36935
than fifteen psig, which are located in private residences or in	36936
apartment houses of less than six family units;	36937

(3) Hot water boilers operated at pressures not exceeding one	36938
hundred sixty psig, or temperatures not exceeding two hundred	36939
fifty degrees fahrenheit, which are located in private residences	36940
or in apartment houses of less than six family units;	36941

(4) ~~Unfired pressure~~Pressure vessels containing only water	36942
under pressure for domestic supply purposes, including those	36943
containing air, the compression of which serves only as a cushion	36944
or airlift pumping system, when located in private residences or	36945
in apartment houses of less than six family units;	36946

(5) Portable boilers used in pumping, heating, steaming, and	36947
drilling, in the open field, for water, gas, and oil;	36948

(6) Portable boilers used in the construction of and repair	36949
to public roads, railroads, and bridges;	36950

(7) Historical steam boilers of riveted construction,	36951
preserved, restored, or maintained for hobby or demonstration use.	36952

Sec. 4104.06. (A) The inspection of boilers and their	36953
appurtenances and ~~unfired~~ pressure vessels shall be made by the	36954
inspectors mentioned in sections 4104.07 to 4104.20 of the Revised	36955
Code. The superintendent of industrial compliance shall administer	36956
and enforce such sections and rules adopted by the board of	36957
building standards pursuant to section 4104.02 of the Revised	36958
Code.	36959

(B) The superintendent shall adopt, amend, and repeal rules	36960
exclusively for the issuance, renewal, suspension, and revocation	36961
of certificates of competency and certificates of operation, for	36962
conducting hearings in accordance with Chapter 119. of the Revised	36963
Code related to these actions, and for the inspection of boilers	36964
and their appurtenances, and ~~unfired~~ pressure vessels.	36965

(C) Notwithstanding division (B) of this section, the	36966
superintendent shall not adopt rules relating to construction,	36967
maintenance, or repair of boilers and their appurtenances, or	36968
repair of ~~unfired~~ pressure vessels.	36969

(D) The superintendent and each general inspector may enter	36970
any premises and any building or room at all reasonable hours to	36971
perform an examination or inspection.	36972

Sec. 4104.07. (A) An application for examination as an	36973
inspector of boilers and ~~unfired~~ pressure vessels shall be in	36974
writing, accompanied by a fee of fifty dollars, upon a blank to be	36975
furnished by the superintendent of industrial compliance. Any	36976
moneys collected under this section shall be paid into the state	36977
treasury to the credit of the industrial compliance operating fund	36978
created in section 121.084 of the Revised Code.	36979

(B) The superintendent shall determine if an applicant meets	36980
all the requirements for examination in accordance with rules	36981
adopted by the board of building standards under section 4104.02	36982
of the Revised Code. An application shall be rejected which	36983
contains any willful falsification, or untruthful statements.	36984

(C) An applicant shall be examined by the superintendent, by	36985
a written examination, prescribed by the board, dealing with the	36986
construction, installation, operation, maintenance, and repair of	36987
boilers and ~~unfired~~ pressure vessels and their appurtenances, and	36988
the applicant shall be accepted or rejected on the merits of the	36989
applicant's application and examination.	36990

(D) Upon a favorable report by the superintendent of the	36991
result of an examination, the superintendent shall immediately	36992
issue to the successful applicant a certificate of competency to	36993
that effect.	36994

Sec. 4104.08. (A) The director of commerce may appoint from	36995
the holders of certificates of competency provided for in section	36996
4104.07 of the Revised Code, general inspectors of boilers and	36997
~~unfired~~ pressure vessels.	36998

(B) Any company authorized to insure boilers and ~~unfired~~	36999
pressure vessels against explosion in this state may designate	37000
from holders of certificates of competency issued by the	37001
superintendent of industrial compliance, or holders of	37002
certificates of competency or commissions issued by other states	37003
or nations whose examinations for certificates or commissions have	37004
been approved by the board of building standards, persons to	37005
inspect and stamp boilers and ~~unfired~~ pressure vessels covered by	37006
the company's policies, and the superintendent shall issue to such	37007
persons commissions authorizing them to act as special inspectors.	37008
Special inspectors shall be compensated by the company designating	37009
them.	37010

(C) The director of commerce shall establish an annual fee to	37011
be charged by the superintendent for each certificate of	37012
competency or commission the superintendent issues.	37013

(D) The superintendent shall issue to each general or special	37014
inspector a commission to the effect that the holder thereof is	37015
authorized to inspect boilers and ~~unfired~~ pressure vessels in this	37016
state.	37017

(E) No person shall be authorized to act as a general	37018
inspector or a special inspector who is directly or indirectly	37019
interested in the manufacture or sale of boilers or ~~unfired~~	37020
pressure vessels.	37021

Sec. 4104.15. (A) All certificates of inspection for	37022
boilers, issued prior to October 15, 1965, are valid and effective	37023
for the period set forth in such certificates unless sooner	37024
withdrawn by the superintendent of industrial compliance. The	37025
owner or user of any such boiler shall obtain an appropriate	37026
certificate of operation for such boiler, and shall not operate	37027
such boiler, or permit it to be operated unless a certificate of	37028
operation has been obtained in accordance with section 4104.17 of	37029
the Revised Code.	37030

(B) If, upon making the internal and external inspection	37031
required under sections 4104.11, 4104.12, and 4104.13 of the	37032
Revised Code, the inspector finds the boiler to be in safe working	37033
order, with the fittings necessary to safety, and properly set up,	37034
upon the inspector's report to the superintendent, the	37035
superintendent shall issue to the owner or user thereof, or renew,	37036
upon application and upon compliance with sections 4104.17 and	37037
4104.18 of the Revised Code, a certificate of operation which	37038
shall state the maximum pressure at which the boiler may be	37039
operated, as ascertained by the rules of the board of building	37040
standards. Such certificates shall also state the name of the	37041
owner or user, the location, size, and number of each boiler, and	37042
the date of issuance, and shall be so placed as to be easily read	37043
in the engine room or boiler room of the plant where the boiler is	37044
located, except that the certificate of operation for a portable	37045
boiler shall be kept on the premises and shall be accessible at	37046
all times.	37047

(C) If an inspector at any inspection finds that the boiler	37048
or ~~unfired~~ pressure vessel is not in safe working condition, or is	37049
not provided with the fittings necessary to safety, or if the	37050
fittings are improperly arranged, the inspector shall immediately	37051
notify the owner or user and person in charge of the boiler and	37052
shall report the same to the superintendent who may revoke,	37053
suspend, or deny the certificate of operation and not renew the	37054
same until the boiler or ~~unfired~~ pressure vessel and its fittings	37055
are put in condition to insure safety of operation, and the owner	37056
or user shall not operate the boiler or ~~unfired~~ pressure vessel,	37057
or permit it to be operated until such certificate has been	37058
granted or restored.	37059

(D) If the superintendent or a general boiler inspector finds	37060
that ~~an unfired~~a pressure vessel or boiler or a part thereof	37061
poses an explosion hazard that reasonably can be regarded as	37062
posing an imminent danger of death or serious physical harm to	37063
persons, the superintendent or the general boiler inspector shall	37064
seal the ~~unfired~~ pressure vessel or boiler and order, in writing,	37065
the operator or owner of the ~~unfired~~ pressure vessel or boiler to	37066
immediately cease the ~~unfired~~ pressure vessel's or boiler's	37067
operation. The order shall be effective until the nonconformities	37068
are eliminated, corrected, or otherwise remedied, or for a period	37069
of seventy-two hours from the time of issuance, whichever occurs	37070
first. During the seventy-two-hour period, the superintendent may	37071
request that the prosecuting attorney or city attorney of Franklin	37072
county or of the county in which the ~~unfired~~ pressure vessel or	37073
boiler is located obtain an injunction restraining the operator or	37074
owner of the ~~unfired~~ pressure vessel or boiler from continuing its	37075
operation after the seventy-two-hour period expires until the	37076
nonconformities are eliminated, corrected, or otherwise remedied.	37077

(E) Each boiler which has been inspected shall be assigned a	37078
number by the superintendent, which number shall be stamped on a	37079
nonferrous metal tag affixed to the boiler or its fittings by seal	37080
or otherwise. No person except an inspector shall deface or remove	37081
any such number or tag.	37082

(F) If the owner or user of any ~~unfired~~ pressure vessel or	37083
boiler disagrees with the inspector as to the necessity for	37084
shutting down ~~an unfired~~a pressure vessel or boiler or for making	37085
repairs or alterations in it, or taking any other measures for	37086
safety that are requested by an inspector, the owner or user may	37087
appeal from the decision of the inspector to the superintendent,	37088
who may, after such other inspection by a general inspector or	37089
special inspector as the superintendent deems necessary, decide	37090
the issue.	37091

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	37092
nor an inspection or report by any inspector, shall relieve the	37093
owner or user of ~~an unfired~~a pressure vessel or boiler of the	37094
duty of using due care in the inspection, operation, and repair of	37095
the ~~unfired~~ pressure vessel or boiler or of any liability for	37096
damages for failure to inspect, repair, or operate the ~~unfired~~	37097
pressure vessel or boiler safely.	37098

Sec. 4104.18. (A) The owner or user of a boiler required	37099
under section 4104.12 of the Revised Code to be inspected upon	37100
installation, and the owner or user of a boiler for which a	37101
certificate of inspection has been issued which is replaced with	37102
an appropriate certificate of operation, shall pay to the	37103
superintendent of industrial compliance a fee in the amount of	37104
~~thirty~~forty-five dollars for boilers subject to annual	37105
inspections under section 4104.11 of the Revised Code, ~~sixty~~	37106
ninety dollars for boilers subject to biennial inspection under	37107
section 4104.13 of the Revised Code, ~~ninety~~one hundred	37108
thirty-five dollars for boilers subject to triennial inspection	37109
under section 4104.11 of the Revised Code, or ~~one~~two hundred	37110
~~fifty~~twenty-five dollars for boilers subject to quinquennial	37111
inspection under section 4104.13 of the Revised Code.	37112

A renewal fee in the amount of ~~thirty~~forty-five dollars	37113
shall be paid to the treasurer of state before the renewal of any	37114
certificate of operation.	37115

(B) The fee for complete inspection during construction by a	37116
general inspector on boilers and ~~unfired~~ pressure vessels	37117
manufactured within the state shall be thirty-five dollars per	37118
hour. Boiler and ~~unfired~~ pressure vessel manufacturers other than	37119
those located in the state may secure inspection by a general	37120
inspector on work during construction, upon application to the	37121
superintendent, and upon payment of a fee of thirty-five dollars	37122
per hour, plus the necessary traveling and hotel expenses incurred	37123
by the inspector.	37124

(C) The application fee for applicants for steam engineer,	37125
high pressure boiler operator, or low pressure boiler operator	37126
licenses is fifty dollars. The fee for each original or renewal	37127
steam engineer, high pressure boiler operator, or low pressure	37128
boiler operator license is thirty-five dollars.	37129

(D) The director of commerce, subject to the approval of the	37130
controlling board, may establish fees in excess of the fees	37131
provided in divisions (A), (B), and (C) of this section~~, provided~~	37132
~~that such fees do not exceed the amounts established in this~~	37133
~~section by more than fifty per cent~~. Any moneys collected under	37134
this section shall be paid into the state treasury to the credit	37135
of the industrial compliance operating fund created in section	37136
121.084 of the Revised Code.	37137

(E) Any person who fails to pay an invoiced renewal fee or an	37138
invoiced inspection fee required for any inspection conducted by	37139
the division of industrial compliance pursuant to this chapter	37140
within forty-five days of the invoice date shall pay a late	37141
payment fee equal to twenty-five per cent of the invoiced fee.	37142

(F) In addition to the fees assessed in divisions (A) and (B)	37143
of this section, the board of building standards shall assess the	37144
owner or user a fee of three dollars and twenty-five cents for	37145
each certificate of operation or renewal thereof issued under	37146
division (A) of this section and for each inspection conducted	37147
under division (B) of this section. The board shall adopt rules,	37148
in accordance with Chapter 119. of the Revised Code, specifying	37149
the manner by which the superintendent shall collect and remit to	37150
the board the fees assessed under this division and requiring that	37151
remittance of the fees be made at least quarterly.	37152

Sec. 4104.19. (A) Any person seeking a license to operate as	37153
a steam engineer, high pressure boiler operator, or low pressure	37154
boiler operator shall file a written application with the	37155
superintendent of industrial compliance on a form prescribed by	37156
the superintendent with the appropriate application fee as set	37157
forth in section 4104.18 of the Revised Code. The application	37158
shall contain information satisfactory to the superintendent to	37159
demonstrate that the applicant meets the requirements of division	37160
(B) of this section. The application shall be filed with the	37161
superintendent not more than sixty days and not less than thirty	37162
days before the license examination is offered.	37163

(B) To qualify to take the examination required to obtain a	37164
steam engineer, high pressure boiler operator, or low pressure	37165
boiler operator license, a person shall meet both of the following	37166
requirements:	37167

(1) Be at least eighteen years of age;

37168

(2) Have one year of experience in the operation of steam	37169
engines, high pressure boilers, or low pressure boilers as	37170
applicable to the type of license being sought, or a combination	37171
of experience and education for the type of license sought as	37172
determined to be acceptable by the superintendent.	37173

(C) No applicant shall qualify to take an examination or to	37174
renew a license if the applicant has violated this chapter or if	37175
the applicant has obtained or renewed a license issued under this	37176
chapter by fraud, misrepresentation, or deception.	37177

(D) The superintendent shall issue a license to each	37178
applicant who receives a passing score on the examination, as	37179
determined by the superintendent, for the license for which the	37180
applicant applied.	37181

(E) The superintendent ~~shall~~may select and contract with one	37182
or more persons to do all of the following relative to the	37183
examinations for a license to operate as a steam engineer, high	37184
pressure boiler operator, or low pressure boiler operator:	37185

(1) Prepare, administer, score, and maintain the	37186
confidentiality of the examination;	37187

(2) Maintain responsibility for all expenses required to	37188
fulfill division (E)(1) of this section;	37189

(3) Charge each applicant a fee for administering the	37190
examination, in an amount authorized by the superintendent;	37191

(4) Design the examination for each type of license to	37192
determine an applicant's competence to operate the equipment for	37193
which the applicant is seeking licensure.	37194

(F) Each license issued under this chapter expires one year	37195
after the date of issue. Each person holding a valid, unexpired	37196
license may renew the license, without reexamination, by applying	37197
to the superintendent not more than ninety days before the	37198
expiration of the license, and submitting with the application the	37199
renewal fee established in section 4104.18 of the Revised Code.	37200
Upon receipt of the renewal information and fee, the	37201
superintendent shall issue the licensee a certificate of renewal.	37202

(G) The superintendent, in accordance with Chapter 119. of	37203
the Revised Code, may suspend or revoke any license, or may refuse	37204
to issue a license under this chapter upon finding that a licensee	37205
or an applicant for a license has violated or is violating the	37206
requirements of this chapter.	37207

Sec. 4104.20. No owner or operator of any boiler shall	37208
operate the same in violation of sections 4104.11 to 4104.16,	37209
inclusive, and 4104.18 of the Revised Code, or of any rule or	37210
regulation adopted by the board of building standards, pursuant to	37211
section 4104.02 of the Revised Code, or without having a boiler	37212
inspected and a certificate of operation issued therefor as	37213
provided in such sections or hinder or prevent a general or	37214
special inspector of boilers from entering any premises in or on	37215
which a boiler is situated for the purpose of inspection. No owner	37216
or operator of any ~~unfired~~ pressure vessel shall operate the same	37217
in violation of section 4104.10 of the Revised Code, or of any	37218
rule or regulation adopted by the board of building standards,	37219
pursuant to section 4104.02 of the Revised Code.	37220

Sec. 4104.41. ~~(A)~~ As used in sections 4104.41 to ~~4104.45~~	37221
4104.48 of the Revised Code:	37222

~~(1)~~(A) "Liquefied petroleum gas" means any material which is	37223
composed predominantly of any of the following hydrocarbons, or	37224
mixtures of the same: propane, propylene, normal butane, or	37225
isobutane or butylenes.	37226

~~(2)~~(B) "Other gaseous piping systems" excludes natural gas	37227
piping gas systems.	37228

~~(B) The director of commerce shall appoint general inspectors~~	37229
~~of power, refrigerating, hydraulic, heating, and liquefied~~	37230
~~petroleum gas piping systems. Such inspectors shall be appointed~~	37231
~~from holders of certificates of competency provided for in section~~	37232
~~4104.42 of the Revised Code.~~	37233

~~Salaries shall be appropriated in the same manner as the~~	37234
~~salaries of other employees of state departments, and expenses of~~	37235
~~such general inspectors shall be provided for in the same manner~~	37236
~~as the expenses of other employees of state departments.~~	37237

Sec. 4104.42. (A) Each manufacturer, contractor, owner, or	37238
user of power, refrigerating, hydraulic, heating and liquefied	37239
petroleum gas, oxygen, or other gaseous piping systems shall	37240
conduct tests required under rules adopted by the board of	37241
building standards under division (A)(1) of section 4104.44 of the	37242
Revised Code and certify in writing on forms provided under	37243
section 4104.43 of the Revised Code by the superintendent of	37244
industrial compliance in the department of commerce that the	37245
welding and brazing procedures used in the construction of those	37246
power, refrigerating, hydraulic, heating and liquefied petroleum	37247
gas, oxygen, or other gaseous piping systems meet the standards	37248
established by the board under division (A)(1) of section 4104.44	37249
of the Revised Code.	37250

(B) Each manufacturer, contractor, owner, or user of power,	37251
refrigerating, hydraulic, heating and liquefied petroleum gas,	37252
oxygen, or other gaseous piping systems who causes welding or	37253
brazing to be performed in the construction of power,	37254
refrigerating, hydraulic, heating and liquefied petroleum gas,	37255
oxygen, or other gaseous piping systems shall maintain at least	37256
one copy of the forms described in division (A) of this section	37257
and make that copy accessible to any individual certified by the	37258
board of building standards pursuant to division (E) of section	37259
3781.10 of the Revised Code.	37260

(C) An individual certified by the board of building	37261
standards pursuant to division (E) of section 3781.10 of the	37262
Revised Code shall examine the forms described in division (A) of	37263
this section to determine compliance with the rules adopted by the	37264
board of building standards under division (A)(1) of section	37265
4104.44 of the Revised Code.	37266

(D) An individual certified by the board of building	37267
standards pursuant to division (E) of section 3781.10 of the	37268
Revised Code with reason to question the certification or ability	37269
of any welder or brazer shall report the concerns to the	37270
superintendent of the division of industrial compliance in the	37271
department of commerce. The superintendent shall investigate those	37272
concerns. If the superintendent finds facts that substantiate the	37273
concerns of the individual certified by the board of building	37274
standards pursuant to division (E) of section 3781.10 of the	37275
Revised Code, the superintendent may require the welder or brazer	37276
in question to become recertified by a private vendor in the same	37277
manner by which five-year recertification is required under	37278
section 4104.46 of the Revised Code. The superintendent also may	37279
utilize the services of an independent testing laboratory to	37280
witness the welding or brazing performed on the project in	37281
question and to conduct tests on coupons to determine whether the	37282
coupons meet the requirements of the rules adopted by the board of	37283
building standards under division (A)(1) of section 4104.44 of the	37284
Revised Code.	37285

Sec. 4104.43. (A) Each manufacturer, contractor, owner, or	37286
user of power, refrigerating, hydraulic, heating and liquefied	37287
petroleum gas, oxygen, or other gaseous piping systems who causes	37288
welding or brazing to be performed in the construction of a power,	37289
refrigerating, hydraulic, heating and liquefied petroleum gas,	37290
oxygen, or other gaseous piping system shall file with the	37291
superintendent of the division of industrial compliance two	37292
complete copies of forms provided by the superintendent that	37293
identify the welding and brazing procedure specifications and	37294
welder and brazer performance qualifications performed in the	37295
construction of that power, refrigerating, hydraulic, heating and	37296
liquefied petroleum gas, oxygen, or other gaseous piping system.	37297

(B)(1) Upon receipt of the forms filed under division (A) of	37298
this section, the superintendent shall review the welding and	37299
brazing procedure specifications and welder and brazer performance	37300
qualifications as indicated on the forms to determine compliance	37301
with rules adopted by the board of building standards under	37302
division (A)(1) of section 4104.44 of the Revised Code.	37303

(2) If the superintendent finds that the welding and brazing	37304
procedure specifications and welder and brazer performance	37305
qualifications comply with the requirements of the rules adopted	37306
by the board of building standards under division (A)(1) of	37307
section 4104.44 of the Revised Code, the superintendent shall	37308
approve the welding and brazing procedure specifications and	37309
welder and brazer performance qualifications as indicated on the	37310
forms and return one copy to the manufacturer, contractor, owner,	37311
or user of power, refrigerating, hydraulic, heating and liquefied	37312
petroleum gas, oxygen, or other gaseous piping systems who	37313
submitted the forms.	37314

(3) If the superintendent finds that the welding and brazing	37315
procedure specifications and welder and brazer performance	37316
qualifications do not comply with the requirements of the rules	37317
adopted by the board of building standards under division (A)(1)	37318
of section 4104.44 of the Revised Code, the superintendent shall	37319
indicate on the forms that the welding and brazing procedure	37320
specifications and welder and brazer performance qualifications	37321
are not approved and return one copy of the form to the	37322
manufacturer, contractor, owner, or user of power, refrigerating,	37323
hydraulic, heating and liquefied petroleum gas, oxygen, or other	37324
gaseous piping systems who submitted the forms with an explanation	37325
of why the welding and brazing procedure specifications and welder	37326
and brazer performance qualifications were not approved.	37327

Sec. 4104.44. (A) The board of building standards,	37328
established by section 3781.07 of the Revised Code, shall:	37329

(1) ~~Formulate~~Adopt rules governing the design, plan review,	37330
approval, construction, and installation of power, refrigerating,	37331
hydraulic, heating, and liquefied petroleum gas, oxygen, and other	37332
gaseous piping systems. ~~Such~~The board of building standards may	37333
include the rules for gaseous piping systems with the rules it	37334
adopts for buildings pursuant to section 3781.10 of the Revised	37335
Code or with the rules it adopts for piping systems pursuant to	37336
this section. The rules shall prescribe uniform minimum standards	37337
necessary for the protection of the public health and safety and	37338
shall include rules establishing the safe working pressure to be	37339
carried by any such systems; a program for the certification of	37340
the welding and brazing procedures proposed to be used on any such	37341
system by the owner or operator of any welding or brazing business	37342
and for quinquennial performance testing of welders and brazers	37343
who work on any such system; and measures for the conservation of	37344
energy. ~~Such~~The rules shall be based upon and follow generally	37345
accepted engineering standards, formulas, and practices	37346
established and pertaining to such piping construction,	37347
installation, and testing. The board may, for this purpose, adopt	37348
existing published standards, as well as amendments thereto	37349
subsequently published by the same authority.	37350

(2) Prescribe the tests, to ascertain the qualities of	37351
materials and welding and brazing materials used in the	37352
construction of power, refrigerating, hydraulic, heating, and	37353
liquefied petroleum gas, oxygen, and other gaseous piping systems;	37354

(3) Make a standard form of certificate of inspection;

37355

(4) Prescribe ~~the examinations for applicants for~~	37356
~~certificates of competency provided for in section 4104.42 of the~~	37357
~~Revised Code and~~ performance tests to determine the proficiency of	37358
welders and brazers;	37359

(5) Certify municipal and county building departments to	37360
inspect power, refrigerating, hydraulic, heating, and liquefied	37361
petroleum gas, oxygen, and other gaseous piping systems and adopt	37362
rules governing such certification;	37363

~~(6) Establish the fee to be charged for an inspection made by~~	37364
~~a general inspector and for the filing and auditing of special~~	37365
~~inspector reports, and collect all fees established in this~~	37366
~~section~~.	37367

The fee for the quinquennial performance tests shall be	37368
fifteen dollars and the fee for certification of welding and	37369
brazing procedures mentioned in division (A) of this section shall	37370
be sixty dollars, except that the board of building standards,	37371
with the approval of the controlling board, may establish fees in	37372
excess of these fees, provided that the fees do not exceed the	37373
amounts of these fees by more than fifty per cent. The fee for	37374
each welding and brazing instruction sheet and procedure	37375
qualification record shall be fifteen dollars. Any moneys	37376
collected under this section shall be paid into the state treasury	37377
to the credit of the industrial compliance operating fund created	37378
in section 121.084 of the Revised Code.	37379

(B) ~~Piping is exempt from the requirements for submission of~~	37380
~~applications and inspections and the necessity to obtain permits,~~	37381
~~as required under this section and section 4104.45 of the Revised~~	37382
~~Code, or under rules adopted pursuant to those sections, for~~	37383
~~power, refrigerating, hydraulic, heating, and liquefied petroleum~~	37384
~~gas, oxygen, and gaseous piping systems if the piping is used:~~	37385

~~(1) In air cooling systems in residential or commercial~~	37386
~~buildings and if such systems do not exceed five tons (sixty~~	37387
~~thousand British thermal units per hour) per system; or~~	37388

~~(2) In air heating systems in residential or commercial~~	37389
~~buildings and if such systems do not exceed one hundred fifty~~	37390
~~thousand British thermal units per hour per system.~~	37391

~~(C)~~ The board of building standards may, by rule, exempt from	37392
the rules adopted pursuant to division (A)(1) of this section any	37393
~~pressure piping~~power, refrigerating, hydraulic, heating and	37394
liquefied petroleum gas, oxygen, or other gaseous piping systems	37395
~~which~~that pose no appreciable danger to the public health and	37396
safety.	37397

Sec. 4104.45. (A) Except as otherwise provided in section	37398
4104.44 of the Revised Code, new power, refrigerating, hydraulic,	37399
heating, liquefied petroleum gas, oxygen, and other gaseous piping	37400
systems shall be thoroughly inspected in accordance with the rules	37401
of the board of building standards. Such ~~inspection~~inspections	37402
shall be performed by ~~one of the following:~~	37403

~~(1) General inspectors of pressure piping systems;~~

37404

~~(2) Special inspectors provided for in section 4104.43 of the~~	37405
~~Revised Code;~~	37406

~~(3) Local inspectors provided for in section 4104.43 of the~~	37407
~~Revised Code.~~	37408

~~(B) Owners or users of pressure piping systems required to be~~	37409
~~inspected under this section shall pay to the division of~~	37410
~~industrial compliance in the department of commerce a fee of one~~	37411
~~hundred fifty dollars plus an additional fee determined as~~	37412
~~follows:~~	37413

~~(1) On or before June 30, 2000, two per cent of the actual~~	37414
~~cost of the system for each inspection made by a general~~	37415
~~inspector;~~	37416

~~(2) On July 1, 2000, and through June 30, 2001, one and~~	37417
~~eight-tenths per cent of the actual cost of the system for each~~	37418
~~inspection made by a general inspector;~~	37419

~~(3) On and after July 1, 2001, one per cent of the actual~~	37420
~~cost of the system for each inspection made by a general~~	37421
~~inspector.~~	37422

~~(C) The board of building standards, subject to the approval~~	37423
~~of the controlling board, may establish a fee in excess of the fee~~	37424
~~provided in division (B) of this section, provided that the fee~~	37425
~~does not exceed the amount established in this section by more~~	37426
~~than fifty per cent.~~	37427

~~(D) In addition to the fee assessed in division (B) of this~~	37428
~~section, the board of building standards shall assess the owner or~~	37429
~~user a fee of three dollars and twenty-five cents for each system~~	37430
~~inspected pursuant to this section. The board shall adopt rules,~~	37431
~~in accordance with Chapter 119. of the Revised Code, specifying~~	37432
~~the manner by which the superintendent of the division of~~	37433
~~industrial compliance in the department of commerce shall collect~~	37434
~~and remit to the board the fees assessed under this division and~~	37435
~~requiring that remittance of the fees be made at least quarterly.~~	37436

~~(E) Any moneys collected under this section shall be paid~~	37437
~~into the state treasury to the credit of the industrial compliance~~	37438
~~operating fund created in section 121.084 of the Revised Code.~~	37439

~~(F) Any person who fails to pay an inspection fee required~~	37440
~~for any inspection conducted by the division pursuant to this~~	37441
~~chapter within forty-five days after the inspection is conducted~~	37442
~~shall pay a late payment fee equal to twenty-five per cent of the~~	37443
~~inspection fee~~inspectors designated by the superintendent of the	37444
division of industrial compliance in the department of commerce	37445
or, within jurisdictional limits established by the board of	37446
building standards, by individuals certified by the board of	37447
building standards pursuant to division (E) of section 3781.10 of	37448
the Revised Code who are designated to do so by local building	37449
departments, as appropriate.	37450

~~(G)~~(B) The superintendent of the division of industrial	37451
compliance in the department of commerce may issue adjudication	37452
orders as necessary for the enforcement of sections 4104.41 to	37453
~~4104.46~~4104.48 of the Revised Code and rules adopted under those	37454
sections. No person shall violate or fail to comply with the terms	37455
and conditions of an adjudication order issued under this	37456
division. Adjudication orders issued pursuant to this division and	37457
appeals thereof are governed by section 3781.19 of the Revised	37458
Code.	37459

Sec. 4104.46. (A) The design, installation, and testing of	37460
nonflammable medical gas and vacuum piping systems within the	37461
scope of the national fire protection association standard,	37462
section 1-1 of "NFPA 99C, Gas and Vacuum Systems," is governed by	37463
that national fire protection association standard.	37464

(B) Installers, inspectors, verifiers, construction	37465
contracting maintenance personnel, and instructors for the design,	37466
installation, and testing of nonflammable medical gas and vacuum	37467
piping systems shall obtain certification by the American society	37468
of sanitary engineers in accordance with the American society of	37469
sanitary engineering series 6000 requirements.	37470

Sec. 4104.47. (A) No individual other than one certified by a	37471
private vendor in accordance with rules adopted by the board of	37472
building standards shall perform welding or brazing or both in the	37473
construction of power, refrigerating, hydraulic, heating and	37474
liquefied petroleum gas, oxygen, or other gaseous piping systems.	37475

(B) Each welder or brazer certified by a private vendor to	37476
perform welding or brazing or both in the construction of power,	37477
refrigerating, hydraulic, heating and liquefied petroleum gas,	37478
oxygen, or other gaseous piping systems shall be recertified by a	37479
private vendor to perform those services five years after the date	37480
of the original certification and every five years thereafter in	37481
accordance with rules adopted by the board. A private vendor shall	37482
recertify a welder or brazer who meets the requirements	37483
established by the board under division (A)(1) of section 4104.44	37484
of the Revised Code.	37485

~~Sec. 4104.46.~~ Sec. 4104.48. (A) No person shall violate sections	37486
4104.41 to ~~4104.46~~4104.48 of the Revised Code, fail to perform	37487
any duty lawfully enjoined in connection with those sections, or	37488
fail to comply with any order issued by the superintendent of the	37489
division of industrial compliance or any judgment or decree issued	37490
by any court in connection with the enforcement of sections	37491
4104.41 to ~~4104.46~~4104.48 of the Revised Code.	37492

(B) Every day during which a person violates sections 4104.41	37493
to ~~4104.46~~4104.48 of the Revised Code, fails to perform any duty	37494
lawfully enjoined in connection with those sections, or fails to	37495
comply with any order issued by the superintendent of the division	37496
of industrial compliance or any judgment or decree issued by any	37497
court in connection with the enforcement of sections 4104.41 to	37498
~~4104.46~~4104.48 of the Revised Code constitutes a separate	37499
offense.	37500

Sec. 4105.17. (A) The fee for each inspection, or attempted	37501
inspection that, due to no fault of a general inspector or the	37502
division of industrial compliance, is not successfully completed,	37503
by a general inspector before the operation of a permanent new	37504
elevator prior to the issuance of a certificate of operation,	37505
before operation of an elevator being put back into service after	37506
a repair, or as a result of the operation of section 4105.08 of	37507
the Revised Code and is an elevator required to be inspected under	37508
this chapter is twenty dollars plus ten dollars for each floor	37509
where the elevator stops. The superintendent of industrial	37510
compliance may assess an additional fee of one hundred twenty-five	37511
dollars plus five dollars for each floor where an elevator stops	37512
for the reinspection of an elevator when a previous attempt to	37513
inspect that elevator has been unsuccessful through no fault of a	37514
general inspector or the division of industrial compliance.	37515

(B) The fee for each inspection, or attempted inspection,	37516
that due to no fault of the general inspector or the division of	37517
industrial compliance, is not successfully completed by a general	37518
inspector before operation of a permanent new escalator or moving	37519
walk prior to the issuance of a certificate of operation, before	37520
operation of an escalator or moving walk being put back in service	37521
after a repair, or as a result of the operation of section 4105.08	37522
of the Revised Code is three hundred dollars. The superintendent	37523
of the division of industrial compliance may assess an additional	37524
fee of one hundred fifty dollars for the reinspection of an	37525
escalator or moving walk when a previous attempt to inspect that	37526
escalator or moving walk has been unsuccessful through no fault of	37527
the general inspector or the division of industrial compliance.	37528

(C) The fee for issuing or renewing a certificate of	37529
operation under section 4105.15 of the Revised Code for an	37530
elevator that is inspected every six months in accordance with	37531
division (A) of section 4105.10 of the Revised Code is ~~one~~two	37532
hundred ~~five~~ dollars plus ten dollars for each floor where the	37533
elevator stops, except where the elevator has been inspected by a	37534
special inspector in accordance with section 4105.07 of the	37535
Revised Code.	37536

(D) The fee for issuing or renewing a certificate of	37537
operation under section 4105.05 of the Revised Code for an	37538
elevator that is inspected every twelve months in accordance with	37539
division (A) of section 4105.10 of the Revised Code is fifty-five	37540
dollars plus ten dollars for each floor where the elevator stops,	37541
except where the elevator has been inspected by a special	37542
inspector in accordance with section 4105.07 of the Revised Code.	37543

(E) The fee for issuing or renewing a certificate of	37544
operation under section 4105.15 of the Revised Code for an	37545
escalator or moving walk is three hundred dollars, except where	37546
the escalator or moving walk has been inspected by a special	37547
inspector in accordance section 4105.07 of the Revised Code.	37548

(F) All other fees to be charged for any examination given or	37549
other service performed by the division of industrial compliance	37550
pursuant to this chapter shall be prescribed by the director of	37551
commerce. The fees shall be reasonably related to the costs of	37552
such examination or other service.	37553

(G) The director of commerce, subject to the approval of the	37554
controlling board, may establish fees in excess of the fees	37555
provided in divisions (A) ~~and~~, (B), (C), (D), and (E) of this	37556
section~~, provided that the fees do not exceed the amounts~~	37557
~~established in divisions (A) and (B) of this section by more than~~	37558
~~fifty per cent~~. Any moneys collected under this section shall be	37559
paid into the state treasury to the credit of the industrial	37560
compliance operating fund created in section 121.084 of the	37561
Revised Code.	37562

(H) Any person who fails to pay an inspection fee required	37563
for any inspection conducted by the division pursuant to this	37564
chapter within forty-five days after the inspection is conducted	37565
shall pay a late payment fee equal to twenty-five per cent of the	37566
inspection fee.	37567

(I) In addition to the fees assessed in divisions (A), (B),	37568
(C), ~~and~~ (D), and (E) of this section, the board of building	37569
standards shall assess a fee of three dollars and twenty-five	37570
cents for each certificate of operation or renewal thereof issued	37571
under ~~division~~divisions (A), (B), (C), (D), or (E) of this	37572
section and for each permit issued under section 4105.16 of the	37573
Revised Code. The board shall adopt rules, in accordance with	37574
Chapter 119. of the Revised Code, specifying the manner by which	37575
the superintendent of industrial compliance shall collect and	37576
remit to the board the fees assessed under this division and	37577
requiring that remittance of the fees be made at least quarterly.	37578

(J) For purposes of this section:

37579

(1) "Escalator" means a power driven, inclined, continuous	37580
stairway used for raising or lowering passengers.	37581

(2) "Moving walk" means a passenger carrying device on which	37582
passengers stand or walk, with a passenger carrying surface that	37583
is uninterrupted and remains parallel to its direction of motion.	37584

Sec. 4112.15. There is hereby created in the state treasury	37585
the civil rights commission general reimbursement fund, which	37586
shall be used to pay operating costs of the commission. All	37587
amounts received by the commission, and all amounts awarded by a	37588
court to the commission, for attorney's fees, court costs, expert	37589
witness fees, and other litigation expenses shall be paid into the	37590
state treasury to the credit of the fund. All ~~money paid to~~	37591
amounts received by the commission for copies of commission	37592
documents and for other goods and services furnished by the	37593
commission shall be ~~credited~~paid into the state treasury to the	37594
credit of the fund.	37595

Sec. 4115.10. (A) No person, firm, corporation, or public	37596
authority that constructs a public improvement with its own	37597
forces, the total overall project cost of which is fairly	37598
estimated to be more than the amounts set forth in division (B)(1)	37599
or (2) of section 4115.03 of the Revised Code, adjusted biennially	37600
by the director of commerce pursuant to section 4115.034 of the	37601
Revised Code, shall violate the wage provisions of sections	37602
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	37603
require any employee to work for less than the rate of wages so	37604
fixed, or violate the provisions of section 4115.07 of the Revised	37605
Code. Any employee upon any public improvement, except an employee	37606
to whom or on behalf of whom restitution is made pursuant to	37607
division (C) of section 4115.13 of the Revised Code, who is paid	37608
less than the fixed rate of wages applicable thereto may recover	37609
from such person, firm, corporation, or public authority that	37610
constructs a public improvement with its own forces the difference	37611
between the fixed rate of wages and the amount paid to the	37612
employee and in addition thereto a sum equal to twenty-five per	37613
cent of that difference. The person, firm, corporation, or public	37614
authority who fails to pay the rate of wages so fixed also shall	37615
pay a penalty to the director of seventy-five per cent of the	37616
difference between the fixed rate of wages and the amount paid to	37617
the employees on the public improvement. The director shall	37618
deposit all moneys received from penalties paid to the director	37619
pursuant to this section into the penalty enforcement fund, which	37620
is hereby created in the state treasury. The director shall use	37621
the fund for the enforcement of sections 4115.03 to 4115.16 of the	37622
Revised Code. The employee may file suit for recovery within ~~sixty~~	37623
ninety days of the director's determination of a violation of	37624
sections 4115.03 to 4115.16 of the Revised Code or is barred from	37625
further action under this division. Where the employee prevails in	37626
a suit, the employer shall pay the costs and reasonable attorney's	37627
fees allowed by the court.	37628

(B) Any employee upon any public improvement who is paid less	37629
than the prevailing rate of wages applicable thereto may file a	37630
complaint in writing with the director upon a form furnished by	37631
the director. ~~At the written request~~The complaint shall include	37632
documented evidence to demonstrate that the employee was paid less	37633
than the prevailing wage in violation of this chapter. Upon	37634
receipt of a properly completed written complaint of any employee	37635
paid less than the prevailing rate of wages applicable, the	37636
director shall take an assignment of a claim in trust for the	37637
assigning employee and bring any legal action necessary to collect	37638
the claim. The employer shall pay the costs and reasonable	37639
attorney's fees allowed by the court if the employer is found in	37640
violation of sections 4115.03 to 4115.16 of the Revised Code.	37641

(C) If after investigation pursuant to section 4115.13 of the	37642
Revised Code, the director determines there is a violation of	37643
sections 4115.03 to 4115.16 of the Revised Code and a period of	37644
sixty days has elapsed from the date of the determination, and if:	37645

(1) No employee has brought suit pursuant to division (A) of	37646
this section;	37647

(2) No employee has requested that the director take an	37648
assignment of a wage claim pursuant to division (B) of this	37649
section;	37650

The director shall bring any legal action necessary to	37651
collect any amounts owed to employees and the director. The	37652
director shall pay over to the affected employees the amounts	37653
collected to which the affected employees are entitled under	37654
division (A) of this section. In any action in which the director	37655
prevails, the employer shall pay the costs and reasonable	37656
attorney's fees allowed by the court.	37657

(D) Where persons are employed and their rate of wages has	37658
been determined as provided in section 4115.04 of the Revised	37659
Code, no person, either for self or any other person, shall	37660
request, demand, or receive, either before or after the person is	37661
engaged, that the person so engaged pay back, return, donate,	37662
contribute, or give any part or all of the person's wages, salary,	37663
or thing of value, to any person, upon the statement,	37664
representation, or understanding that failure to comply with such	37665
request or demand will prevent the procuring or retaining of	37666
employment, and no person shall, directly or indirectly, aid,	37667
request, or authorize any other person to violate this section.	37668
This division does not apply to any agent or representative of a	37669
duly constituted labor organization acting in the collection of	37670
dues or assessments of such organization.	37671

(E) The director shall enforce sections 4115.03 to 4115.16 of	37672
the Revised Code.	37673

(F) For the purpose of supplementing existing resources and	37674
to assist in enforcing division (E) of this section, the director	37675
may contract with a person registered as a public accountant under	37676
Chapter 4701. of the Revised Code to conduct an audit of a person,	37677
firm, corporation, or public authority.	37678

Sec. 4115.21. A person who files a complaint with the	37679
director of commerce alleging a violation of sections 4115.03 to	37680
4115.16 of the Revised Code shall file the complaint within two	37681
years after the completion of the public improvement upon which	37682
the violation is alleged to have occurred or be barred from	37683
further administrative action under this chapter.	37684

Sec. 4117.02. (A) There is hereby created the state	37685
employment relations board, consisting of three members to be	37686
appointed by the governor with the advice and consent of the	37687
senate. Members shall be knowledgeable about labor relations or	37688
personnel practices. No more than two of the three members shall	37689
belong to the same political party. A member of the board during	37690
the member's period of service shall hold no other public office	37691
or public or private employment and shall allow no other	37692
responsibilities to interfere or conflict with the member's duties	37693
as a full-time board member. Of the initial appointments made to	37694
the board, one shall be for a term ending October 6, 1984, one	37695
shall be for a term ending October 6, 1985, and one shall be for a	37696
term ending October 6, 1986. Thereafter, terms of office shall be	37697
for six years, each term ending on the same day of the same month	37698
of the year as did the term that it succeeds. Each member shall	37699
hold office from the date of the member's appointment until the	37700
end of the term for which the member is appointed. Any member	37701
appointed to fill a vacancy occurring prior to the expiration of	37702
the term for which the member's predecessor was appointed shall	37703
hold office for the remainder of the term. Any member shall	37704
continue in office subsequent to the expiration of the member's	37705
term until the member's successor takes office or until a period	37706
of sixty days has elapsed, whichever occurs first. The	37707

~~The governor shall designate one member to serve as~~	37708
~~chairperson of the board. The~~ governor may remove any member of	37709
the board, upon notice and public hearing, for neglect of duty or	37710
malfeasance in office, but for no other cause.	37711

(B) A(1) The governor shall designate one member of the	37712
board to serve as chairperson of the board. The chairperson is the	37713
head of the board and its chief executive officer.	37714

(2) The chairperson shall exercise all administrative powers	37715
and duties conferred upon the board under this chapter and shall	37716
do all of the following:	37717

(a) Except as provided in division (F)(2) of this section,	37718
employ, promote, supervise, and remove all employees of the board,	37719
and establish, change, or abolish positions and assign or reassign	37720
the duties of those employees as the chairperson determines	37721
necessary to achieve the most efficient performance of the board's	37722
duties under this chapter;	37723

(b) Maintain the office of the board in Columbus and manage	37724
the office's daily operations, including securing facilities,	37725
equipment, and supplies necessary to house the board, employees of	37726
the board, and files and records under the board's control;	37727

(c) Prepare and submit to the office of budget and management	37728
a budget for each biennium according to section 107.03 of the	37729
Revised Code, and include in the budget the costs of the board and	37730
its staff and the board's costs in discharging any duty imposed by	37731
law upon the board, the chairperson, or any of the board's	37732
employees or agents.	37733

(C) The vacancy on the board does not impair the right of the	37734
remaining members to exercise all the powers of the board, and two	37735
members of the board, at all times, constitute a quorum. The board	37736
shall have an official seal of which courts shall take judicial	37737
notice.	37738

~~(C)~~(D) The board shall make an annual report in writing to	37739
the governor and to the general assembly, stating in detail the	37740
work it has done.	37741

~~(D)~~(E) Compensation of the chairperson and members shall be	37742
in accordance with division (J) of section 124.15 of the Revised	37743
Code. The chairperson and the members are eligible for	37744
reappointment. In addition to such compensation, all members shall	37745
be reimbursed for their necessary expenses incurred in the	37746
performance of their work as members.	37747

~~(E)~~(F)(1) The chairperson, after consulting with the other	37748
board members and receiving the consent of at least one other	37749
board member, shall appoint an executive director ~~and~~. The	37750
chairperson also shall appoint attorneys,and attorney-trial	37751
examiners~~, mediators, arbitrators, members of fact-finding panels,~~	37752
~~directors for local areas, and other employees as it finds~~	37753
~~necessary for the proper performance of its duties and may~~	37754
~~prescribe their duties~~. ~~The~~	37755

(2) The board shall appoint mediators, arbitrators, members	37756
of fact-finding panels, and directors for local areas, and shall	37757
prescribe their job duties.	37758

(G)(1) The executive director shall serve at the pleasure of	37759
the chairperson. The executive director, under the direction of	37760
the chairperson, shall do all of the following:	37761

(a) Act as chief administrative officer for the board;

37762

(b) Ensure that all employees of the board comply with the	37763
rules of the board;	37764

(c) Do all things necessary for the efficient and effective	37765
implementation of the duties of the board.	37766

(2) The duties of the executive director described in	37767
division (G)(1) of this section do not relieve the chairperson	37768
from final responsibility for the proper performance of the duties	37769
described in that division.	37770

(H) The attorney general shall be the legal adviser of the	37771
board and shall appear for and represent the board and its agents	37772
in all legal proceedings. The board may utilize regional, local,	37773
or other agencies, and utilize voluntary and uncompensated	37774
services as needed. The board may contract with the federal	37775
mediation and conciliation service for the assistance of	37776
mediators, arbitrators, and other personnel the service makes	37777
available. The board and the chairperson, respectively, shall	37778
appoint all employees on the basis of training, practical	37779
experience, education, and character, notwithstanding the	37780
requirements established by section 119.09 of the Revised Code.	37781
The board shall give special regard to the practical training and	37782
experience that employees have for the particular position	37783
involved. All full-time employees of the board excepting the	37784
executive director, the head of the bureau of mediation, and the	37785
personal secretaries and assistants of the board members are in	37786
the classified service. All employees of the board shall be paid	37787
in accordance with Chapter 124. of the Revised Code.	37788

~~(F)~~(I) The board shall select and assign examiners and other	37789
agents whose functions are to conduct hearings with due regard to	37790
their impartiality, judicial temperament, and knowledge. If in any	37791
proceeding under this chapter, any party prior to five days before	37792
the hearing thereto files with the board a sworn statement	37793
charging that the examiner or other agent designated to conduct	37794
the hearing is biased or partial in the proceeding, the board may	37795
disqualify the person and designate another examiner or agent to	37796
conduct the proceeding. At least ten days before any hearing, the	37797
board shall notify all parties to a proceeding of the name of the	37798
examiner or agent designated to conduct the hearing.	37799

~~(G)~~(J) The principal office of the board is in Columbus, but	37800
it may meet and exercise any or all of its powers at any other	37801
place within the state. The board may, by one or more of its	37802
employees, or any agents or agencies it designates, conduct in any	37803
part of this state any proceeding, hearing, investigation,	37804
inquiry, or election necessary to the performance of its	37805
functions; provided, that no person so designated may later sit in	37806
determination of an appeal of the decision of that cause or	37807
matter.	37808

~~(H)~~(K) In addition to the powers and functions provided in	37809
other sections of this chapter, the board shall do all of the	37810
following:	37811

(1) Create a bureau of mediation within the state employment	37812
relations board, to perform the functions provided in section	37813
4117.14 of the Revised Code. This bureau shall also establish,	37814
after consulting representatives of employee organizations and	37815
public employers, panels of qualified persons to be available to	37816
serve as members of fact-finding panels and arbitrators.	37817

(2) Conduct studies of problems involved in representation	37818
and negotiation and make recommendations for legislation;	37819

(3) Hold hearings pursuant to this chapter and, for the	37820
purpose of the hearings and inquiries, administer oaths and	37821
affirmations, examine witnesses and documents, take testimony and	37822
receive evidence, compel the attendance of witnesses and the	37823
production of documents by the issuance of subpoenas, and delegate	37824
these powers to any members of the board or any attorney-trial	37825
examiner appointed by the board for the performance of its	37826
functions;	37827

(4) Train representatives of employee organizations and	37828
public employers in the rules and techniques of collective	37829
bargaining procedures;	37830

(5) Make studies and analyses of, and act as a clearinghouse	37831
of information relating to, conditions of employment of public	37832
employees throughout the state and request assistance, services,	37833
and data from any public employee organization, public employer,	37834
or governmental unit. Public employee organizations, public	37835
employers, and governmental units shall provide such assistance,	37836
services, and data as will enable the board to carry out its	37837
functions and powers.	37838

(6) Make available to employee organizations, public	37839
employers, mediators, fact-finding panels, arbitrators, and joint	37840
study committees statistical data relating to wages, benefits, and	37841
employment practices in public and private employment applicable	37842
to various localities and occupations to assist them to resolve	37843
issues in negotiations;	37844

(7) Notwithstanding section 119.13 of the Revised Code,	37845
establish standards of persons who practice before it;	37846

(8) Adopt, amend, and rescind rules and procedures and	37847
exercise other powers appropriate to carry out this chapter.	37848
Before the adoption, amendment, or rescission of rules and	37849
procedures under this section, the board shall do all of the	37850
following:	37851

(a) Maintain a list of interested public employers and	37852
employee organizations and mail notice to such groups of any	37853
proposed rule or procedure, amendment thereto, or rescission	37854
thereof at least thirty days before any public hearing thereon;	37855

(b) Mail a copy of each proposed rule or procedure, amendment	37856
thereto, or rescission thereof to any person who requests a copy	37857
within five days after receipt of the request therefor;	37858

(c) Consult with appropriate statewide organizations	37859
representing public employers or employees who would be affected	37860
by the proposed rule or procedure.	37861

Although the board is expected to discharge these duties	37862
diligently, failure to mail any notice or copy, or to so consult	37863
with any person, is not jurisdictional and shall not be construed	37864
to invalidate any proceeding or action of the board.	37865

~~(I)~~(L) In case of neglect or refusal to obey a subpoena	37866
issued to any person, the court of common pleas of the county in	37867
which the investigation or the public hearing occurs, upon	37868
application by the board, may issue an order requiring the person	37869
to appear before the board and give testimony about the matter	37870
under investigation. The court may punish a failure to obey the	37871
order as contempt.	37872

~~(J)~~(M) Any subpoena, notice of hearing, or other process or	37873
notice of the board issued under this section may be served	37874
personally, by certified mail, or by leaving a copy at the	37875
principal office or personal residence of the respondent required	37876
to be served. A return, made and verified by the individual making	37877
the service and setting forth the manner of service, is proof of	37878
service, and a return post office receipt, when certified mail is	37879
used, is proof of service. All process in any court to which	37880
application is made under this chapter may be served in the county	37881
wherein the persons required to be served reside or are found.	37882

~~(K)~~(N) All expenses of the board, including all necessary	37883
traveling and subsistence expenses incurred by the members or	37884
employees of the board under its orders, shall be paid pursuant to	37885
itemized vouchers approved by the chairperson of the board, the	37886
executive director, or both, or such other person as the ~~board~~	37887
chairperson designates for that purpose.	37888

~~(L)~~(O) Whenever the board determines that a substantial	37889
controversy exists with respect to the application or	37890
interpretation of this chapter and the matter is of public or	37891
great general interest, the board shall certify its final order	37892
directly to the court of appeals having jurisdiction over the area	37893
in which the principal office of the public employer directly	37894
affected by the application or interpretation is located. The	37895
chairperson shall file with the clerk of the court a certified	37896
copy of the transcript of the proceedings before the board	37897
pertaining to the final order. If upon hearing and consideration	37898
the court decides that the final order of the board is unlawful or	37899
is not supported by substantial evidence on the record as a whole,	37900
the court shall reverse and vacate the final order or modify it	37901
and enter final judgment in accordance with the modification;	37902
otherwise, the court shall affirm the final order. The notice of	37903
the final order of the board to the interested parties shall	37904
contain a certification by the chairperson of the board that the	37905
final order is of public or great general interest and that a	37906
certified transcript of the record of the proceedings before the	37907
board had been filed with the clerk of the court as an appeal to	37908
the court. For the purposes of this division, the board has	37909
standing to bring its final order properly before the court of	37910
appeals.	37911

~~(M)~~(P) Except as otherwise specifically provided in this	37912
section, the board is subject to Chapter 119. of the Revised Code,	37913
including the procedure for submission of proposed rules to the	37914
general assembly for legislative review under division (H) of	37915
section 119.03 of the Revised Code.	37916

Sec. 4117.14. (A) The procedures contained in this section	37917
govern the settlement of disputes between an exclusive	37918
representative and a public employer concerning the termination or	37919
modification of an existing collective bargaining agreement or	37920
negotiation of a successor agreement, or the negotiation of an	37921
initial collective bargaining agreement.	37922

(B)(1) In those cases where there exists a collective	37923
bargaining agreement, any public employer or exclusive	37924
representative desiring to terminate, modify, or negotiate a	37925
successor collective bargaining agreement shall:	37926

(a) Serve written notice upon the other party of the proposed	37927
termination, modification, or successor agreement. The party must	37928
serve the notice not less than sixty days prior to the expiration	37929
date of the existing agreement or, in the event the existing	37930
collective bargaining agreement does not contain an expiration	37931
date, not less than sixty days prior to the time it is proposed to	37932
make the termination or modifications or to make effective a	37933
successor agreement.	37934

(b) Offer to bargain collectively with the other party for	37935
the purpose of modifying or terminating any existing agreement or	37936
negotiating a successor agreement;	37937

(c) Notify the state employment relations board of the offer	37938
by serving upon the board a copy of the written notice to the	37939
other party and a copy of the existing collective bargaining	37940
agreement.	37941

(2) In the case of initial negotiations between a public	37942
employer and an exclusive representative, where a collective	37943
bargaining agreement has not been in effect between the parties,	37944
any party may serve notice upon the board and the other party	37945
setting forth the names and addresses of the parties and offering	37946
to meet, for a period of ninety days, with the other party for the	37947
purpose of negotiating a collective bargaining agreement.	37948

If the settlement procedures specified in divisions (B), (C),	37949
and (D) of this section govern the parties, where those procedures	37950
refer to the expiration of a collective bargaining agreement, it	37951
means the expiration of the sixty-day period to negotiate a	37952
collective bargaining agreement referred to in this subdivision,	37953
or in the case of initial negotiations, it means the ninety day	37954
period referred to in this subdivision.	37955

(3) The parties shall continue in full force and effect all	37956
the terms and conditions of any existing collective bargaining	37957
agreement, without resort to strike or lock-out, for a period of	37958
sixty days after the party gives notice or until the expiration	37959
date of the collective bargaining agreement, whichever occurs	37960
later, or for a period of ninety days where applicable.	37961

(4) Upon receipt of the notice, the parties shall enter into	37962
collective bargaining.	37963

(C) In the event the parties are unable to reach an	37964
agreement, they may submit, at any time prior to forty-five days	37965
before the expiration date of the collective bargaining agreement,	37966
the issues in dispute to any mutually agreed upon dispute	37967
settlement procedure which supersedes the procedures contained in	37968
this section.	37969

(1) The procedures may include:

37970

(a) Conventional arbitration of all unsettled issues;

37971

(b) Arbitration confined to a choice between the last offer	37972
of each party to the agreement as a single package;	37973

(c) Arbitration confined to a choice of the last offer of	37974
each party to the agreement on each issue submitted;	37975

(d) The procedures described in division (C)(1)(a), (b), or	37976
(c) of this section and including among the choices for the	37977
arbitrator, the recommendations of the fact finder, if there are	37978
recommendations, either as a single package or on each issue	37979
submitted;	37980

(e) Settlement by a citizens' conciliation council composed	37981
of three residents within the jurisdiction of the public employer.	37982
The public employer shall select one member and the exclusive	37983
representative shall select one member. The two members selected	37984
shall select the third member who shall chair the council. If the	37985
two members cannot agree upon a third member within five days	37986
after their appointments, the board shall appoint the third	37987
member. Once appointed, the council shall make a final settlement	37988
of the issues submitted to it pursuant to division (G) of this	37989
section.	37990

(f) Any other dispute settlement procedure mutually agreed to	37991
by the parties.	37992

(2) If, fifty days before the expiration date of the	37993
collective bargaining agreement, the parties are unable to reach	37994
an agreement, any party may request the state employment relations	37995
board to intervene. The request shall set forth the names and	37996
addresses of the parties, the issues involved, and, if applicable,	37997
the expiration date of any agreement.	37998

The board shall intervene and investigate the dispute to	37999
determine whether the parties have engaged in collective	38000
bargaining.	38001

If an impasse exists or forty-five days before the expiration	38002
date of the collective bargaining agreement if one exists, the	38003
board shall appoint a mediator to assist the parties in the	38004
collective bargaining process.	38005

(3) ~~If the mediator after assisting the parties advises the~~	38006
~~board that the parties have reached an impasse, or not later than~~	38007
~~thirty-one days prior to the expiration date of the agreement~~Any	38008
time after the appointment of a mediator, either party may request	38009
the appointment of a fact-finding panel. Within fifteen days after	38010
receipt of a request for a fact-finding panel, the board shall	38011
appoint ~~within one day~~ a fact-finding panel of not more than three	38012
members who have been selected by the parties in accordance with	38013
rules established by the board, from a list of qualified persons	38014
maintained by the board.	38015

(a) The fact-finding panel shall, in accordance with rules	38016
and procedures established by the board that include the	38017
regulation of costs and expenses of fact-finding, gather facts and	38018
make recommendations for the resolution of the matter. The board	38019
shall by its rules require each party to specify in writing the	38020
unresolved issues and its position on each issue to the	38021
fact-finding panel. The fact-finding panel shall make final	38022
recommendations as to all the unresolved issues.	38023

(b) The board may continue mediation, order the parties to	38024
engage in collective bargaining until the expiration date of the	38025
agreement, or both.	38026

(4) The following guidelines apply to fact-finding:

38027

(a) The fact-finding panel may establish times and place of	38028
hearings which shall be, where feasible, in the jurisdiction of	38029
the state.	38030

(b) The fact-finding panel shall conduct the hearing pursuant	38031
to rules established by the board.	38032

(c) Upon request of the fact-finding panel, the board shall	38033
issue subpoenas for hearings conducted by the panel.	38034

(d) The fact-finding panel may administer oaths.

38035

(e) The board shall prescribe guidelines for the fact-finding	38036
panel to follow in making findings. In making its recommendations,	38037
the fact-finding panel shall take into consideration the factors	38038
listed in divisions (G)(7)(a) to (f) of this section.	38039

(f) The fact-finding panel may attempt mediation at any time	38040
during the fact-finding process. From the time of appointment	38041
until the fact-finding panel makes a final recommendation, it	38042
shall not discuss the recommendations for settlement of the	38043
dispute with parties other than the direct parties to the dispute.	38044

(5) The fact-finding panel, acting by a majority of its	38045
members, shall transmit its findings of fact and recommendations	38046
on the unresolved issues to the public employer and employee	38047
organization involved and to the board no later than fourteen days	38048
after the appointment of the fact-finding panel, unless the	38049
parties mutually agree to an extension. The ~~state~~parties shall	38050
~~pay one-half~~share the cost of the fact-finding panel~~. The parties~~	38051
~~each shall pay one-half of the remaining costs~~in a manner agreed	38052
to by the parties.	38053

(6)(a) Not later than seven days after the findings and	38054
recommendations are sent, the legislative body, by a three-fifths	38055
vote of its total membership, and in the case of the public	38056
employee organization, the membership, by a three-fifths vote of	38057
the total membership, may reject the recommendations; if neither	38058
rejects the recommendations, the recommendations shall be deemed	38059
agreed upon as the final resolution of the issues submitted and a	38060
collective bargaining agreement shall be executed between the	38061
parties, including the fact-finding panel's recommendations,	38062
except as otherwise modified by the parties by mutual agreement.	38063
If either the legislative body or the public employee organization	38064
rejects the recommendations, the board shall publicize the	38065
findings of fact and recommendations of the fact-finding panel.	38066
The board shall adopt rules governing the procedures and methods	38067
for public employees to vote on the recommendations of the	38068
fact-finding panel.	38069

(b) As used in division (C)(6)(a) of this section,	38070
"legislative body" means the controlling board when the state or	38071
any of its agencies, authorities, commissions, boards, or other	38072
branch of public employment is party to the fact-finding process.	38073

(D) If the parties are unable to reach agreement within seven	38074
days after the publication of findings and recommendations from	38075
the fact-finding panel or the collective bargaining agreement, if	38076
one exists, has expired, then the:	38077

(1) Public employees, who are members of a police or fire	38078
department, members of the state highway patrol, deputy sheriffs,	38079
dispatchers employed by a police, fire or sheriff's department or	38080
the state highway patrol or civilian dispatchers employed by a	38081
public employer other than a police, fire, or sheriff's department	38082
to dispatch police, fire, sheriff's department, or emergency	38083
medical or rescue personnel and units, an exclusive nurse's unit,	38084
employees of the state school for the deaf or the state school for	38085
the blind, employees of any public employee retirement system,	38086
corrections officers, guards at penal or mental institutions,	38087
special police officers appointed in accordance with sections	38088
5119.14 and 5123.13 of the Revised Code, psychiatric attendants	38089
employed at mental health forensic facilities, or youth leaders	38090
employed at juvenile correctional facilities, shall submit the	38091
matter to a final offer settlement procedure pursuant to a board	38092
order issued forthwith to the parties to settle by a conciliator	38093
selected by the parties. The parties shall request from the board	38094
a list of five qualified conciliators and the parties shall select	38095
a single conciliator from the list by alternate striking of names.	38096
If the parties cannot agree upon a conciliator within five days	38097
after the board order, the board shall on the sixth day after its	38098
order appoint a conciliator from a list of qualified persons	38099
maintained by the board or shall request a list of qualified	38100
conciliators from the American arbitration association and appoint	38101
therefrom.	38102

(2) Public employees other than those listed in division	38103
(D)(1) of this section have the right to strike under Chapter	38104
4117. of the Revised Code provided that the employee organization	38105
representing the employees has given a ten-day prior written	38106
notice of an intent to strike to the public employer and to the	38107
board, and further provided that the strike is for full,	38108
consecutive work days and the beginning date of the strike is at	38109
least ten work days after the ending date of the most recent prior	38110
strike involving the same bargaining unit; however, the board, at	38111
its discretion, may attempt mediation at any time.	38112

(E) Nothing in this section shall be construed to prohibit	38113
the parties, at any time, from voluntarily agreeing to submit any	38114
or all of the issues in dispute to any other alternative dispute	38115
settlement procedure. An agreement or statutory requirement to	38116
arbitrate or to settle a dispute pursuant to a final offer	38117
settlement procedure and the award issued in accordance with the	38118
agreement or statutory requirement is enforceable in the same	38119
manner as specified in division (B) of section 4117.09 of the	38120
Revised Code.	38121

(F) Nothing in this section shall be construed to prohibit a	38122
party from seeking enforcement of a collective bargaining	38123
agreement or a conciliator's award as specified in division (B) of	38124
section 4117.09 of the Revised Code.	38125

(G) The following guidelines apply to final offer settlement	38126
proceedings under division (D)(1) of this section:	38127

(1) The parties shall submit to final offer settlement those	38128
issues that are subject to collective bargaining as provided by	38129
section 4117.08 of the Revised Code and upon which the parties	38130
have not reached agreement and other matters mutually agreed to by	38131
the public employer and the exclusive representative; except that	38132
the conciliator may attempt mediation at any time.	38133

(2) The conciliator shall hold a hearing within thirty days	38134
of the board's order to submit to a final offer settlement	38135
procedure, or as soon thereafter as is practicable.	38136

(3) The conciliator shall conduct the hearing pursuant to	38137
rules developed by the board. The conciliator shall establish the	38138
hearing time and place, but it shall be, where feasible, within	38139
the jurisdiction of the state. Not later than five calendar days	38140
before the hearing, each of the parties shall submit to the	38141
conciliator, to the opposing party, and to the board, a written	38142
report summarizing the unresolved issues, the party's final offer	38143
as to the issues, and the rationale for that position.	38144

(4) Upon the request by the conciliator, the board shall	38145
issue subpoenas for the hearing.	38146

(5) The conciliator may administer oaths.

38147

(6) The conciliator shall hear testimony from the parties and	38148
provide for a written record to be made of all statements at the	38149
hearing. The board shall submit for inclusion in the record and	38150
for consideration by the conciliator the written report and	38151
recommendation of the fact-finders.	38152

(7) After hearing, the conciliator shall resolve the dispute	38153
between the parties by selecting, on an issue-by-issue basis, from	38154
between each of the party's final settlement offers, taking into	38155
consideration the following:	38156

(a) Past collectively bargained agreements, if any, between	38157
the parties;	38158

(b) Comparison of the issues submitted to final offer	38159
settlement relative to the employees in the bargaining unit	38160
involved with those issues related to other public and private	38161
employees doing comparable work, giving consideration to factors	38162
peculiar to the area and classification involved;	38163

(c) The interests and welfare of the public, the ability of	38164
the public employer to finance and administer the issues proposed,	38165
and the effect of the adjustments on the normal standard of public	38166
service;	38167

(d) The lawful authority of the public employer;

38168

(e) The stipulations of the parties;

38169

(f) Such other factors, not confined to those listed in this	38170
section, which are normally or traditionally taken into	38171
consideration in the determination of the issues submitted to	38172
final offer settlement through voluntary collective bargaining,	38173
mediation, fact-finding, or other impasse resolution procedures in	38174
the public service or in private employment.	38175

(8) Final offer settlement awards made under Chapter 4117. of	38176
the Revised Code are subject to Chapter 2711. of the Revised Code.	38177

(9) If more than one conciliator is used, the determination	38178
must be by majority vote.	38179

(10) The conciliator shall make written findings of fact and	38180
promulgate a written opinion and order upon the issues presented	38181
to the conciliator, and upon the record made before the	38182
conciliator and shall mail or otherwise deliver a true copy	38183
thereof to the parties and the board.	38184

(11) Increases in rates of compensation and other matters	38185
with cost implications awarded by the conciliator may be effective	38186
only at the start of the fiscal year next commencing after the	38187
date of the final offer settlement award; provided that if a new	38188
fiscal year has commenced since the issuance of the board order to	38189
submit to a final offer settlement procedure, the awarded	38190
increases may be retroactive to the commencement of the new fiscal	38191
year. The parties may, at any time, amend or modify a	38192
conciliator's award or order by mutual agreement.	38193

(12) The parties shall bear equally the cost of the final	38194
offer settlement procedure.	38195

(13) Conciliators appointed pursuant to this section shall be	38196
residents of the state.	38197

(H) All final offer settlement awards and orders of the	38198
conciliator made pursuant to Chapter 4117. of the Revised Code are	38199
subject to review by the court of common pleas having jurisdiction	38200
over the public employer as provided in Chapter 2711. of the	38201
Revised Code. If the public employer is located in more than one	38202
court of common pleas district, the court of common pleas in which	38203
the principal office of the chief executive is located has	38204
jurisdiction.	38205

(I) The issuance of a final offer settlement award	38206
constitutes a binding mandate to the public employer and the	38207
exclusive representative to take whatever actions are necessary to	38208
implement the award.	38209

Sec. 4123.27. Information contained in the annual statement	38210
provided for in section 4123.26 of the Revised Code, and such	38211
other information as may be furnished to the bureau of workers'	38212
compensation by employers in pursuance of that section, is for the	38213
exclusive use and information of the bureau in the discharge of	38214
its official duties, and shall not be open to the public nor be	38215
used in any court in any action or proceeding pending therein	38216
unless the bureau is a party to the action or proceeding; but the	38217
information contained in the statement may be tabulated and	38218
published by the bureau in statistical form for the use and	38219
information of other state departments and the public. No person	38220
in the employ of the bureau, except those who are authorized by	38221
the administrator of workers' compensation, shall divulge any	38222
information secured by the person while in the employ of the	38223
bureau in respect to the transactions, property, claim files,	38224
records, or papers of the bureau or in respect to the business or	38225
mechanical, chemical, or other industrial process of any company,	38226
firm, corporation, person, association, partnership, or public	38227
utility to any person other than the administrator or to the	38228
superior of such employee of the bureau.	38229

Notwithstanding the restrictions imposed by this section, the	38230
governor, select or standing committees of the general assembly,	38231
the auditor of state, the attorney general, or their designees,	38232
pursuant to the authority granted in this chapter and Chapter	38233
4121. of the Revised Code, may examine any records, claim files,	38234
or papers in possession of the industrial commission or the	38235
bureau. They also are bound by the privilege that attaches to	38236
these papers.	38237

The administrator shall report to the director of job and	38238
family services or to the county director of job and family	38239
services the name, address, and social security number or other	38240
identification number of any person receiving workers'	38241
compensation whose name or social security number or other	38242
identification number is the same as that of a person required by	38243
a court or child support enforcement agency to provide support	38244
payments to a recipient or participant of public assistance, and	38245
whose name is submitted to the administrator by the director under	38246
section 5101.36 of the Revised Code. The administrator also shall	38247
inform the director of the amount of workers' compensation paid to	38248
the person during such period as the director specifies.	38249

Within fourteen days after receiving from the director of job	38250
and family services a list of the names and social security	38251
numbers of recipients or participants of public assistance	38252
pursuant to section 5101.181 of the Revised Code, the	38253
administrator shall inform the auditor of state of the name,	38254
current or most recent address, and social security number of each	38255
person receiving workers' compensation pursuant to this chapter	38256
whose name and social security number are the same as that of a	38257
person whose name or social security number was submitted by the	38258
director. The administrator also shall inform the auditor of state	38259
of the amount of workers' compensation paid to the person during	38260
such period as the director specifies.	38261

The bureau and its employees, except for purposes of	38262
furnishing the auditor of state with information required by this	38263
section, shall preserve the confidentiality of recipients or	38264
participants of public assistance in compliance with division (A)	38265
of section 5101.181 of the Revised Code.	38266

For the purposes of this section, "public assistance" means	38267
medical assistance provided through the medical assistance program	38268
established under section 5111.01 of the Revised Code, Ohio works	38269
first provided under Chapter 5107. of the Revised Code,	38270
prevention, retention, and contingency benefits and services	38271
provided under Chapter 5108. of the Revised Code, or disability	38272
financial assistance provided under Chapter 5115. of the Revised	38273
Code, or disability medical assistance provided under Chapter	38274
5115. of the Revised Code.	38275

Sec. 4123.41. (A) By the first day of January of each year,	38276
the bureau of workers' compensation shall furnish to the county	38277
auditor of each county and the chief fiscal officer of each taxing	38278
district in a county and of each district activity and institution	38279
mentioned in section 4123.39 of the Revised Code forms containing	38280
the premium rates applicable to the county, district, district	38281
activity, or institution as an employer, on which to report the	38282
amount of money expended by the county, district, district	38283
activity, or institution during the previous twelve calendar	38284
months for the services of employees under this chapter.	38285

(B) Each county auditor and each fiscal officer of a	38286
district, district activity, and institution shall calculate on	38287
the form it receives from the bureau under division (A) of this	38288
section the premium due as its proper contribution to the public	38289
insurance fund and issue ~~his~~a warrant in favor of the bureau for	38290
the amount due from the county, district, district activity, or	38291
institution to the public insurance fund according to the	38292
following schedule:	38293

(1) On or before the fifteenth day of May of each year, no	38294
less than forty-five per cent of the amount due;	38295

(2) On or before the first day of September of each year, no	38296
less than the total amount due.	38297

The legislative body of any county, district, district	38298
activity, or institution may reimburse the fund from which the	38299
contribution is made by transferring to the fund from any other	38300
fund of the county, district, district activity, or institution,	38301
the proportionate amount of the contribution that should be	38302
chargeable to the fund, whether the fund is derived from taxation	38303
or otherwise. The proportionate amount of the contribution	38304
chargeable to the fund may be based on payroll, relative exposure,	38305
relative loss experience, or any combination of these factors, as	38306
determined by the legislative body. A transfer made pursuant to	38307
division (B)(2) of this section is not subject to section 5705.16	38308
of the Revised Code.	38309

(C) The bureau may investigate the correctness of the	38310
information provided by the county auditor and chief fiscal	38311
officer under division (B) of this section, and if the bureau	38312
determines at any time that the county, district, district	38313
activity, or institution has not reported the correct information,	38314
the administrator of workers' compensation may make deductions or	38315
additions as the facts warrant and take those facts into	38316
consideration in determining the current or future contributions	38317
to be made by the county, district, district activity, or	38318
institution. If the county, district, district activity, or	38319
institution does not furnish the report in the time required by	38320
this section, the administrator may fix the amount of contribution	38321
the county, district, district activity, or institution must make	38322
and certify that amount for payment.	38323

(D) The administrator shall provide a discount to any county,	38324
district, district activity, or institution that pays its total	38325
amount due to the public insurance fund on or before the fifteenth	38326
day of May of each year as its proper contribution for premiums.	38327
The administrator shall base the discount provided under this	38328
division on the savings generated by the early payment to the	38329
public insurance fund. The administrator may provide the discount	38330
through a refund to the county, district, district activity, or	38331
institution or an offset against the future contributions due to	38332
the public insurance fund from the county, district, district	38333
activity, or institution.	38334

(E) The administrator may impose an interest penalty for late	38335
payment of any amount due from a county, district, district	38336
activity, and institution at the interest rate established by the	38337
state tax commissioner pursuant to section 5703.47 of the Revised	38338
Code.	38339

Sec. 4141.04. The director of job and family services shall	38340
maintain or ensure the existence of public employment offices that	38341
are free to the general public. These offices shall exist in such	38342
number and in such places as are necessary for the proper	38343
administration of this chapter, to perform such duties as are	38344
within the purview of the act of congress entitled "an act to	38345
provide for the establishment of a national employment system and	38346
for cooperation with the states in the promotion of such system,	38347
and for other purposes," approved June 6, 1933, as amended, which	38348
is known as the "Wagner-Peyser Act." The director shall cooperate	38349
with any official or agency of the United States having powers or	38350
duties under that act of congress and shall do and perform all	38351
things necessary to secure to this state the benefits of that act	38352
of congress in the promotion and maintenance of a system of public	38353
employment offices. That act of congress is hereby accepted by	38354
this state, in conformity with that act of congress and Title III	38355
of the "Social Security Act," and the "Federal Unemployment Tax	38356
Act," 26 U.S.C.A. 3301, as amended, and this state will observe	38357
and comply with the requirements thereof. The department of job	38358
and family services is hereby designated and constituted the	38359
agency of this state for the purposes of that act of congress.	38360

The director may cooperate with or enter into agreements with	38361
the railroad retirement board with respect to the establishment,	38362
maintenance, and use of employment service facilities that are	38363
free to the general public.	38364

All moneys received by this state under the act of congress	38365
known as the Wagner-Peyser Act shall be ~~paid~~deposited into the	38366
state treasury to the credit of the special employment service	38367
account in the ~~unemployment compensation administration~~federal	38368
operating fund, which is hereby created. Those moneys are hereby	38369
made available to the director to be expended as provided by this	38370
section and by that act of congress. For the purpose of	38371
establishing and maintaining public employment offices that are	38372
free to the general public, the director may enter into agreements	38373
with the railroad retirement board or any other agency of the	38374
United States charged with the administration of an unemployment	38375
compensation law, with any political subdivision of this state, or	38376
with any private, nonprofit organization and as a part of any such	38377
agreement the director may accept moneys, services, or quarters as	38378
a contribution to the employment service account.	38379

The director shall maintain labor market information and	38380
employment statistics as necessary for the administration of this	38381
chapter.	38382

The director shall appoint an employee of the department to	38383
serve as an ex officio member of the governor's council to	38384
maintain a liaison between the department and the governor's	38385
council on people with disabilities.	38386

Sec. 4141.09. (A) There is hereby created an unemployment	38387
compensation fund to be administered by the state without	38388
liability on the part of the state beyond the amounts paid into	38389
the fund and earned by the fund. The unemployment compensation	38390
fund shall consist of all contributions, payments in lieu of	38391
contributions described in sections 4141.241 and 4141.242 of the	38392
Revised Code, reimbursements of the federal share of extended	38393
benefits described in section 4141.301 of the Revised Code,	38394
collected under sections 4141.01 to 4141.46 of the Revised Code,	38395
together with all interest earned upon any moneys deposited with	38396
the secretary of the treasury of the United States to the credit	38397
of the account of this state in the unemployment trust fund	38398
established and maintained pursuant to section 904 of the "Social	38399
Security Act," any property or securities acquired through the use	38400
of moneys belonging to the fund, and all earnings of such property	38401
or securities. The unemployment compensation fund shall be used to	38402
pay benefits and refunds as provided by such sections and for no	38403
other purpose.	38404

(B) The treasurer of state shall be the custodian of the	38405
unemployment compensation fund and shall administer such fund in	38406
accordance with the directions of the director of job and family	38407
services. All disbursements therefrom shall be paid by the	38408
treasurer of state on warrants drawn by the director. Such	38409
warrants may bear the facsimile signature of the director printed	38410
thereon and that of a deputy or other employee of the director	38411
charged with the duty of keeping the account of the unemployment	38412
compensation fund and with the preparation of warrants for the	38413
payment of benefits to the persons entitled thereto. Moneys in the	38414
clearing and benefit accounts shall not be commingled with other	38415
state funds, except as provided in division (C) of this section,	38416
but shall be maintained in separate accounts on the books of the	38417
depositary bank. Such money shall be secured by the depositary	38418
bank to the same extent and in the same manner as required by	38419
sections 135.01 to 135.21 of the Revised Code; and collateral	38420
pledged for this purpose shall be kept separate and distinct from	38421
any collateral pledged to secure other funds of this state. All	38422
sums recovered for losses sustained by the unemployment	38423
compensation fund shall be deposited therein. The treasurer of	38424
state shall be liable on the treasurer's official bond for the	38425
faithful performance of the treasurer's duties in connection with	38426
the unemployment compensation fund, such liability to exist in	38427
addition to any liability upon any separate bond.	38428

(C) The treasurer of state shall maintain within the	38429
unemployment compensation fund three separate accounts which shall	38430
be a clearing account, an unemployment trust fund account, and a	38431
benefit account. All moneys payable to the unemployment	38432
compensation fund, upon receipt thereof by the director, shall be	38433
forwarded to the treasurer of state, who shall immediately deposit	38434
them in the clearing account. Refunds of contributions, or	38435
payments in lieu of contributions, payable pursuant to division	38436
(E) of this section may be paid from the clearing account upon	38437
warrants signed by a deputy or other employee of the director	38438
charged with the duty of keeping the record of the clearing	38439
account and with the preparation of warrants for the payment of	38440
refunds to persons entitled thereto. After clearance thereof, all	38441
moneys in the clearing account shall be deposited with the	38442
secretary of the treasury of the United States to the credit of	38443
the account of this state in the unemployment trust fund	38444
established and maintained pursuant to section 904 of the "Social	38445
Security Act," in accordance with requirements of the "Federal	38446
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301,	38447
3304(a)(3), any law in this state relating to the deposit,	38448
administration, release, or disbursement of moneys in the	38449
possession or custody of this state to the contrary	38450
notwithstanding. The benefit account shall consist of all moneys	38451
requisitioned from this state's account in the unemployment trust	38452
fund. Federal funds, other than funds received by the director	38453
under divisions (I) and (J) of this section, received for payment	38454
of federal benefits may be deposited into the benefit account	38455
solely for payment of benefits under a federal program	38456
administered by this state. Moneys so requisitioned shall be used	38457
solely for the payment of benefits and for no other purpose.	38458
Moneys in the clearing and benefit accounts may be deposited by	38459
the treasurer of state, under the direction of the director, in	38460
any bank or public depositary in which general funds of the state	38461
may be deposited, but no public deposit insurance charge or	38462
premium shall be paid out of the fund.	38463

(D) Moneys shall be requisitioned from this state's account	38464
in the unemployment trust fund solely for the payment of benefits	38465
and in accordance with regulations prescribed by the director. The	38466
director shall requisition from the unemployment trust fund such	38467
amounts, not exceeding the amount standing to this state's account	38468
therein, as are deemed necessary for the payment of benefits for a	38469
reasonable future period. Upon receipt thereof, the treasurer of	38470
state shall deposit such moneys in the benefit account.	38471
Expenditures of such money in the benefit account and refunds from	38472
the clearing account shall not require specific appropriations or	38473
other formal release by state officers of money in their custody.	38474
Any balance of moneys requisitioned from the unemployment trust	38475
fund which remains unclaimed or unpaid in the benefit account	38476
after the expiration of the period for which such sums were	38477
requisitioned shall either be deducted from estimates for and may	38478
be utilized for the payment of benefits during succeeding periods,	38479
or, in the discretion of the director, shall be redeposited with	38480
the secretary of the treasury of the United States to the credit	38481
of this state's account in the unemployment trust fund, as	38482
provided in division (C) of this section. Unclaimed or unpaid	38483
federal funds redeposited with the secretary of the treasury of	38484
the United States shall be credited to the appropriate federal	38485
account.	38486

(E) No claim for an adjustment or a refund on contribution,	38487
payment in lieu of contributions, interest, or forfeiture alleged	38488
to have been erroneously or illegally assessed or collected, or	38489
alleged to have been collected without authority, and no claim for	38490
an adjustment or a refund of any sum alleged to have been	38491
excessive or in any manner wrongfully collected shall be allowed	38492
unless an application, in writing, therefor is made within four	38493
years from the date on which such payment was made. If the	38494
director ~~determins~~determines that such contribution, payment in	38495
lieu of contributions, ~~intrest~~interest, or forfeiture, or any	38496
portion ~~tereof~~thereof, was erroneously collected, the director	38497
shall allow such employer to make an adjustment thereof without	38498
interest in connection with subsequent contribution payments, or	38499
payments in lieu of contributions, by the employer, or the	38500
director may refund said amount, without interest, from the	38501
clearing account of the unemployment compensation fund, except as	38502
provided in division (B) of section 4141.11 of the Revised Code.	38503
For like cause and within the same period, adjustment or refund	38504
may be so made on the director's own initiative. An overpayment of	38505
contribution, payment in lieu of contributions, interest, or	38506
forfeiture for which an employer has not made application for	38507
refund prior to the date of sale of the employer's business shall	38508
accrue to the employer's successor in interest.	38509

An application for an adjustment or a refund, or any portion	38510
thereof, that is rejected is binding upon the employer unless,	38511
within thirty days after the mailing of a written notice of	38512
rejection to the employer's last known address, or, in the absence	38513
of mailing of such notice, within thirty days after the delivery	38514
of such notice, the employer files an application for a review and	38515
redetermination setting forth the reasons therefor. The director	38516
shall promptly examine the application for review and	38517
redetermination, and if a review is granted, the employer shall be	38518
promptly notified thereof, and shall be granted an opportunity for	38519
a prompt hearing.	38520

(F) If the director finds that contributions have been paid	38521
to the director in error, and that such contributions should have	38522
been paid to a department of another state or of the United States	38523
charged with the administration of an unemployment compensation	38524
law, the director may upon request by such department or upon the	38525
director's own initiative transfer to such department the amount	38526
of such contributions, less any benefits paid to claimants whose	38527
wages were the basis for such contributions. The director may	38528
request and receive from such department any contributions or	38529
adjusted contributions paid in error to such department which	38530
should have been paid to the director.	38531

(G) In accordance with section 303(c)(3) of the Social	38532
Security Act, and section 3304(a)(17) of the Internal Revenue Code	38533
of 1954 for continuing certification of Ohio unemployment	38534
compensation laws for administrative grants and for tax credits,	38535
any interest required to be paid on advances under Title XII of	38536
the Social Security Act shall be paid in a timely manner and shall	38537
not be paid, directly or indirectly, by an equivalent reduction in	38538
the Ohio unemployment taxes or otherwise, by the state from	38539
amounts in the unemployment compensation fund.	38540

(H) The treasurer of state, under the direction of the	38541
director and in accordance with the "Cash Management Improvement	38542
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit	38543
amounts of interest earned by the state on funds in the benefit	38544
account established pursuant to division (C) of this section into	38545
the department of job and family services banking fees fund, which	38546
is hereby created in the state treasury for the purpose of paying	38547
related banking costs incurred by the state for the period for	38548
which the interest is calculated, except that if the deposited	38549
interest exceeds the banking costs incurred by the state for the	38550
period for which the interest is calculated, the treasurer of	38551
state shall deposit the excess interest into the unemployment	38552
trust fund.	38553

(I) The treasurer of state, under the direction of the	38554
director, shall deposit federal funds received by the director for	38555
the payment of benefits, job search, relocation, transportation,	38556
and subsistence allowances pursuant to the "Trade Act of 1974," 88	38557
Stat. 1978, 19 U.S.C.A. 2101, as amended,; the "North American	38558
Free Trade Implementation Act of 1993," 107 Stat. 2057, 19	38559
U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116 Stat.	38560
993, 19 U.S.C.A. 3801, as amended, into the Trade Act benefit	38561
account, which is hereby created for the purpose of ~~paying for~~	38562
~~benefits, training, and support services~~making payments specified	38563
under ~~that act~~those acts.	38564

(J) The treasurer of state, under the direction of the	38565
director, shall deposit federal funds received by the director for	38566
training and administration pursuant to the "Trade Act of 1974,"	38567
88 Stat. 1978, 19 U.S.C.A. 2101, as amended; the "North American	38568
Free Trade Agreement Implementation Act," 107 Stat. 2057 (1993),	38569
19 U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116	38570
Stat. 993, 19 U.S.C.A. 3801, as amended, into the ~~North American~~	38571
~~Free~~ Trade Act training and administration account, which is	38572
hereby created for the purpose of ~~paying for benefits, training,~~	38573
~~and support services~~making payments specified under ~~that act~~	38574
those acts.	38575

Sec. 4141.201. (A) If an employer submits a form, report,	38576
record, or makes any other filing required under this chapter and	38577
the filing contains incorrect information, the employer shall not	38578
be required to pay any penalty with respect to the submission,	38579
provided that the employer has voluntarily identified and	38580
corrected the incorrect information.	38581

(B) This section does not apply to any false information	38582
knowingly included by the employer in a form, report, record, or	38583
other filing for the principal purpose of avoiding any payment	38584
required under this chapter.	38585

Sec. 4141.23. (A) Contributions shall accrue and become	38586
payable by each employer for each calendar year or other period as	38587
prescribed by this chapter. Such contributions become due and	38588
shall be paid by each employer to the director of job and family	38589
services for the unemployment compensation fund in accordance with	38590
such regulations as the director prescribes, and shall not be	38591
deducted, in whole or in part, from the remuneration of	38592
individuals in the employer's employ.	38593

In the payment of any contributions, a fractional part of a	38594
dollar may be disregarded unless it amounts to fifty cents or	38595
more, in which case it may be increased to the next higher dollar.	38596

(B)(1) Any contribution or payment in lieu of contribution,	38597
due from an employer on or before December 31, 1992, shall, if not	38598
paid when due, bear interest at the rate of ten per cent per	38599
annum. In such computation any fraction of a month shall be	38600
considered as a full month.	38601

(2) Any contribution, payment in lieu of contribution,	38602
interest, forfeiture, or fine due from an employer on or after	38603
January 1, 1993, shall, if not paid when due, bear interest at the	38604
annual rate of fourteen per cent compounded monthly on the	38605
aggregate receivable balance due. In such computation any fraction	38606
of a month shall be considered as a full month.	38607

(C) The director may waive the interest assessed under	38608
division (B)(2) of this section if the employer meets all of the	38609
following conditions within thirty days after the date the	38610
director mails or delivers the notice of assessment of interest:	38611

(1) Provides to the director a written request for a waiver	38612
of interest clearly demonstrating that the employer's failure to	38613
timely pay contributions, payments in lieu of contributions,	38614
interest, forfeiture, and fines was a result of circumstances	38615
beyond the control of the employer or the employer's agent, except	38616
that negligence on the part of the employer or the employer's	38617
agent shall not be considered beyond the control of the employer	38618
or the employer's agent;	38619

(2) Furnishes to the director all quarterly reports required	38620
under section 4141.20 of the Revised Code;	38621

(3) Pays in full all contributions, payments in lieu of	38622
contributions, interest, forfeiture, and fines for each quarter	38623
for which such payments are due.	38624

The director shall deny an employer's request for a waiver of	38625
interest after finding that the employer's failure to timely	38626
furnish reports or make payments as required under this chapter	38627
was due to an attempt to evade payment.	38628

(D) Any contribution, interest, forfeiture, or fine required	38629
to be paid under this chapter by any employer shall, if not paid	38630
when due, become a lien upon the real and personal property of	38631
such employer. Upon failure of such employer to pay the	38632
contributions, interest, forfeiture, or fine required to be paid	38633
under this chapter, the director shall file notice of such lien,	38634
for which there shall be no charge, in the office of the county	38635
recorder of the county in which it is ascertained that such	38636
employer owns real estate or personal property. The director shall	38637
notify the employer by mail of the lien. The absence of proof that	38638
the notice was sent does not affect the validity of the lien. Such	38639
lien shall not be valid as against the claim of any mortgagee,	38640
pledgee, purchaser, judgment creditor, or other lienholder of	38641
record at the time such notice is filed.	38642

If the employer acquires real or personal property after	38643
notice of lien is filed, such lien shall not be valid as against	38644
the claim of any mortgagee, pledgee, subsequent bona fide	38645
purchaser for value, judgment creditor, or other lienholder of	38646
record to such after-acquired property, unless the notice of lien	38647
is refiled after such property was acquired by the employer and	38648
before the competing lien attached to such after-acquired property	38649
or before the conveyance to such subsequent bona fide purchaser	38650
for value.	38651

Such notice shall be recorded in a book kept by the recorder	38652
called the "unemployment compensation lien record" and indexed	38653
therein in an alphabetical index under the name of such employer.	38654
When such unpaid contributions, interest, forfeiture, or fines	38655
have been paid, the employer may record with the recorder of the	38656
county in which such notice of lien has been filed and recorded,	38657
notice of such payment. For recording ~~such~~the notice of payment	38658
the recorder shall charge and receive from the employer a base fee	38659
of two dollars for services and a housing trust fund fee of two	38660
dollars pursuant to section 317.36 of the Revised Code.	38661

(E) Notwithstanding other provisions in this section, the	38662
director may reduce, in whole or in part, the amount of interest,	38663
forfeiture, or fines required to be paid under this chapter if the	38664
director determines that the reduction is in the best interest of	38665
the unemployment compensation fund.	38666

(F) Assessment of contributions shall not be made after four	38667
years from the date on which such contributions became payable,	38668
and no action in court for the collection of contributions without	38669
assessment of such contributions shall be begun after the	38670
expiration of five years from the date such contributions became	38671
payable. In case of a false or fraudulent report or of a willful	38672
attempt in any manner to evade contributions, such contributions	38673
may be assessed or a proceeding in court for the collection of	38674
such contributions may be begun without assessment at any time.	38675
When the assessment of contributions has been made within such	38676
four-year period provided, action in court to collect such	38677
contributions may be begun within, but not later than, six years	38678
after such assessment.	38679

(G) In the event of a distribution of an employer's assets,	38680
pursuant to an order of any court under the law of this state,	38681
including any receivership, assignment for benefit of creditors,	38682
adjudicated insolvency, or similar proceedings, contributions,	38683
interest, forfeiture, or fine then or thereafter due have the same	38684
priority as provided by law for the payment of taxes due the state	38685
and shall be paid out of the trust fund in the same manner as	38686
provided for other claims for unpaid taxes due the state.	38687

(H) If the attorney general finds after investigation that	38688
any claim for delinquent contributions, interest, forfeitures, or	38689
fines owing to the director is uncollectible, in whole or in part,	38690
the attorney general shall recommend to the director the	38691
cancellation of such claim or any part thereof. The director may	38692
thereupon effect such cancellation.	38693

Sec. 4301.03. The liquor control commission may adopt and	38694
promulgate, repeal, rescind, and amend, in the manner required by	38695
this section, rules, standards, requirements, and orders necessary	38696
to carry out this chapter and Chapter 4303. of the Revised Code,	38697
but all rules of the board of liquor control ~~which~~that were in	38698
effect immediately prior to April 17, 1963, shall remain in full	38699
force and effect as rules of the liquor control commission until	38700
and unless amended or repealed by the liquor control commission.	38701
The rules of the commission may include the following:	38702

(A) Rules with reference to applications for and the issuance	38703
of permits for the manufacture, distribution, transportation, and	38704
sale of beer and intoxicating liquor, and the sale of alcohol; and	38705
rules governing the procedure of the division of liquor control in	38706
the suspension, revocation, and cancellation of those permits;	38707

(B) Rules and orders providing in detail for the conduct of	38708
any retail business authorized under permits issued pursuant to	38709
this chapter and Chapter 4303. of the Revised Code, with a view to	38710
ensuring compliance with those chapters and laws relative to them,	38711
and the maintenance of public decency, sobriety, and good order in	38712
any place licensed under the permits. No rule or order shall	38713
prohibit the sale of lottery tickets issued pursuant to Chapter	38714
3770. of the Revised Code by any retail business authorized under	38715
permits issued pursuant to that chapter.	38716

No rule or order shall prohibit pari-mutuel wagering on	38717
simulcast horse races at a satellite facility that has been issued	38718
a D liquor permit under Chapter 4303. of the Revised Code. No rule	38719
or order shall prohibit a charitable organization that holds a D-4	38720
permit from selling or serving beer or intoxicating liquor under	38721
its permit in a portion of its premises merely because that	38722
portion of its premises is used at other times for the conduct of	38723
a ~~charitable~~ bingo game, as described in division (S) of section	38724
2915.01 of the Revised Code. However, such an organization shall	38725
not sell or serve beer or intoxicating liquor or permit beer or	38726
intoxicating liquor to be consumed or seen in the same location in	38727
its premises where a ~~charitable~~ bingo game, as described in	38728
division (S)(1) of section 2915.01 of the Revised Code, is being	38729
conducted while the game is being conducted. As used in this	38730
division, "charitable organization" has the same meaning as in	38731
division (H) of section 2915.01 of the Revised Code~~, and~~	38732
~~"charitable bingo game" has the same meaning as in division (R) of~~	38733
~~that section~~. No rule or order pertaining to visibility into the	38734
premises of a permit holder after the legal hours of sale shall be	38735
adopted or maintained by the commission.	38736

(C) Standards, not in conflict with those prescribed by any	38737
law of this state or the United States, to secure the use of	38738
proper ingredients and methods in the manufacture of beer, mixed	38739
beverages, and wine to be sold within this state;	38740

(D) Rules determining the nature, form, and capacity of all	38741
packages and bottles to be used for containing beer or	38742
intoxicating liquor, except for spirituous liquor to be kept or	38743
sold, governing the form of all seals and labels to be used on	38744
those packages and bottles, and requiring the label on every	38745
package, bottle, and container to state the ingredients in the	38746
contents and, except on beer, the terms of weight, volume, or	38747
proof spirits, and whether the same is beer, wine, alcohol, or any	38748
intoxicating liquor except for spirituous liquor;	38749

(E) Uniform rules governing all advertising with reference to	38750
the sale of beer and intoxicating liquor throughout the state and	38751
advertising upon and in the premises licensed for the sale of beer	38752
or intoxicating liquor;	38753

(F) Rules restricting and placing conditions upon the	38754
transfer of permits;	38755

(G) Rules and orders limiting the number of permits of any	38756
class within the state or within any political subdivision of the	38757
state; and, for that purpose, adopting reasonable classifications	38758
of persons or establishments to which any authorized class of	38759
permits may be issued within any political subdivision;	38760

(H) Rules and orders with reference to sales of beer and	38761
intoxicating liquor on Sundays and holidays and with reference to	38762
the hours of the day during which and the persons to whom	38763
intoxicating liquor of any class may be sold, and rules with	38764
reference to the manner of sale;	38765

(I) Rules requiring permit holders buying beer to pay and	38766
permit holders selling beer to collect minimum cash deposits for	38767
kegs, cases, bottles, or other returnable containers of the beer;	38768
requiring the repayment, or credit, of the minimum cash deposit	38769
charges upon the return of the empty containers; and requiring the	38770
posting of such form of indemnity or such other conditions with	38771
respect to the charging, collection, and repayment of minimum cash	38772
deposit charges for returnable containers of beer as are necessary	38773
to ensure the return of the empty containers or the repayment upon	38774
that return of the minimum cash deposits paid;	38775

(J) Rules establishing the method by which alcohol products	38776
may be imported for sale by wholesale distributors and the method	38777
by which manufacturers and suppliers may sell alcohol products to	38778
wholesale distributors.	38779

Every rule, standard, requirement, or order of the commission	38780
and every repeal, amendment, or rescission of them shall be posted	38781
for public inspection in the principal office of the commission	38782
and the principal office of the division of liquor control, and a	38783
certified copy of them shall be filed in the office of the	38784
secretary of state. An order applying only to persons named in it	38785
shall be served on the persons affected by personal delivery of a	38786
certified copy, or by mailing a certified copy to each person	38787
affected by it or, in the case of a corporation, to any officer or	38788
agent of the corporation upon whom a service of summons may be	38789
served in a civil action. The posting and filing required by this	38790
section constitutes sufficient notice to all persons affected by	38791
such rule or order which is not required to be served. General	38792
rules of the commission promulgated pursuant to this section shall	38793
be published in the manner the commission determines.	38794

Sec. 4301.30. All fees collected by the division of liquor	38795
control shall be deposited in the state treasury to the credit of	38796
the undivided liquor permit fund, which is hereby created, at the	38797
time prescribed under section 4301.12 of the Revised Code. Each	38798
payment shall be accompanied by a statement showing separately the	38799
amount collected for each class of permits in each municipal	38800
corporation and in each township outside the limits of any	38801
municipal corporation in such township. An amount equal to fifty	38802
dollars for each fee received for a D-2 permit, which is not	38803
placed in operation immediately upon a D-3 permit premises, and	38804
twenty-five dollars for each fee received for a C-2 permit, shall	38805
be paid from the undivided liquor permit fund into the general	38806
revenue fund.	38807

Prior to the fees received for a D-2 permit, which is not in	38808
operation immediately upon a D-3 permit premises, and a C-2 permit	38809
being paid into the general revenue fund, an amount equal to	38810
~~twenty-one~~thirty-two and one-half per cent of the undivided	38811
liquor permit fund shall be paid into the statewide treatment and	38812
prevention fund, which is hereby created in the state treasury.	38813
This amount shall be appropriated by the general assembly,	38814
together with an amount equal to one and one-half per cent of the	38815
gross profit of the department of liquor control derived under	38816
division (B)(4) of section 4301.10 of the Revised Code, to the	38817
department of alcohol and drug addiction services. In planning for	38818
the allocation of and in allocating these amounts for the purposes	38819
of Chapter 3793. of the Revised Code, the department of alcohol	38820
and drug addiction services shall comply with the	38821
nondiscrimination provisions of Title VI of the Civil Rights Act	38822
of 1964, and any rules adopted thereunder.	38823

The moneys remaining in the undivided liquor permit fund	38824
shall be distributed by the superintendent of liquor control at	38825
quarterly calendar periods as follows:	38826

(A) To each municipal corporation, the aggregate amount shown	38827
by the statements to have been collected from permits therein, for	38828
the use of the general fund of the municipal corporation;	38829

(B) To each township, the aggregate amount shown by the	38830
statements to have been collected from permits in its territory,	38831
outside the limits of any municipal corporation located therein,	38832
for the use of the general fund of the township, or for fire	38833
protection purposes, including buildings and equipment in the	38834
township or in an established fire district within the township,	38835
to the extent that the funds are derived from liquor permits	38836
within the territory comprising such fire district.	38837

For the purpose of the distribution required by this section,	38838
E, H, and D permits covering boats or vessels are deemed to have	38839
been issued in the municipal corporation or township wherein the	38840
owner or operator of the vehicle, boat, vessel, or dining car	38841
equipment to which the permit relates has the owner's or	38842
operator's principal office or place of business within the state.	38843

Such distributions are subject to diminutions for refunds as	38844
prescribed in section 4301.41 of the Revised Code. If the liquor	38845
control commission is of the opinion that the police or other	38846
officers of any municipal corporation or township entitled to	38847
share in such distribution are refusing or culpably neglecting to	38848
enforce this chapter and Chapter 4303. of the Revised Code, or the	38849
penal laws of this state relating to the manufacture, importation,	38850
transportation, distribution, and sale of beer and intoxicating	38851
liquors, or if the prosecuting officer of a municipal corporation	38852
or the municipal court thereof fails to comply with the request of	38853
the commission authorized by division (A)(4) of section 4301.10 of	38854
the Revised Code, the commission by certified mail may notify the	38855
chief executive officer of the municipal corporation or the board	38856
of township trustees of the township of such failure and require	38857
the immediate cooperation of the responsible officers of the	38858
municipal corporation or township with the division of liquor	38859
control in the enforcement of such chapters and such penal laws.	38860
Within thirty days after the notice is served, the commission	38861
shall determine whether or not the requirement has been complied	38862
with. If the commission determines that the requirement has not	38863
been complied with, it may issue an order to the superintendent to	38864
withhold the distributive share of the municipal corporation or	38865
township until further order of the commission. This action of the	38866
commission is reviewable within thirty days thereafter in the	38867
court of common pleas of Franklin county.	38868

Sec. 4303.02. Permit A-1 may be issued to a manufacturer to	38869
manufacture beer and sell beer products in bottles or containers	38870
for home use and to retail and wholesale permit holders under	38871
rules promulgated by the division of liquor control. The fee for	38872
this permit is three thousand ~~one~~nine hundred ~~twenty-five~~six	38873
dollars for each plant during the year covered by the permit.	38874

Sec. 4303.021. Permit A-1-A may be issued to the holder of	38875
an A-1 or A-2 permit to sell beer and any intoxicating liquor at	38876
retail, only by the individual drink in glass or from a container,	38877
provided such A-1-A permit premises are situated on the same	38878
parcel or tract of land as the related A-1 or A-2 manufacturing	38879
permit premises or are separated therefrom only by public streets	38880
or highways or by other lands owned by the holder of the A-1 or	38881
A-2 permit and used by the holder in connection with or in	38882
promotion of the holder's A-1 or A-2 permit business. The fee for	38883
this permit is three thousand ~~one~~nine hundred ~~twenty-five~~six	38884
dollars. The holder of an A-1-A permit may sell beer and any	38885
intoxicating liquor during the same hours as the holders of D-5	38886
permits under this chapter or Chapter 4301. of the Revised Code or	38887
the rules of the liquor control commission and shall obtain a	38888
license as a retail food establishment or a food service operation	38889
pursuant to Chapter 3717. of the Revised Code and operate as a	38890
restaurant for purposes of this chapter.	38891

Except as otherwise provided in this section, no new A-1-A	38892
permit shall be issued to the holder of an A-1 or A-2 permit	38893
unless the sale of beer and intoxicating liquor under class D	38894
permits is permitted in the precinct in which the A-1 or A-2	38895
permit is located and, in the case of an A-2 permit, unless the	38896
holder of the A-2 permit manufactures or has a storage capacity of	38897
at least twenty-five thousand gallons of wine per year. The	38898
immediately preceding sentence does not prohibit the issuance of	38899
an A-1-A permit to an applicant for such a permit who is the	38900
holder of an A-1 permit and whose application was filed with the	38901
division of liquor control before June 1, 1994. The liquor control	38902
commission shall not restrict the number of A-1-A permits which	38903
may be located within a precinct.	38904

Sec. 4303.03. Permit A-2 may be issued to a manufacturer to	38905
manufacture wine from grapes or other fruits grown in the state,	38906
if obtainable, otherwise to import such fruits after submitting an	38907
affidavit of nonavailability to the division of liquor control; to	38908
import and purchase wine in bond for blending purposes, the total	38909
amount of wine so imported during the year covered by the permit	38910
not to exceed forty per cent of all the wine manufactured and	38911
imported; to manufacture, purchase, and import brandy for	38912
fortifying purposes; and to sell such products either in glass or	38913
container for consumption on the premises where manufactured, for	38914
home use, and to retail and wholesale permit holders under such	38915
rules as are adopted by the division.	38916

The fee for this permit is ~~sixty-three~~one hundred twenty-six	38917
dollars for each plant producing one hundred wine barrels, of	38918
fifty gallons each, or less annually. ~~Such~~This initial fee shall	38919
be increased at the rate of ten cents per such barrel for all wine	38920
manufactured in excess of one hundred barrels during the year	38921
covered by the permit.	38922

Sec. 4303.04. Permit A-3 may be issued to a manufacturer to	38923
manufacture alcohol and spirituous liquor and sell such products	38924
to the division of liquor control or to the holders of a like	38925
permit or to the holders of A-4 permits for blending or	38926
manufacturing purposes; to import alcohol into this state upon	38927
such terms as are prescribed by the division; to sell alcohol to	38928
manufacturers, hospitals, infirmaries, medical or educational	38929
institutions using it for medicinal, mechanical, chemical, or	38930
scientific purposes, and to holders of I permits; to import into	38931
this state spirituous liquor and wine for blending or other	38932
manufacturing purposes; and to export spirituous liquor from this	38933
state for sale outside the state.	38934

The fee for this permit is three thousand ~~one~~nine hundred	38935
~~twenty-five~~six dollars for each plant; but, if a plant's	38936
production capacity is less than five hundred wine barrels of	38937
fifty gallons each, annually, the fee is two dollars per barrel.	38938

Sec. 4303.05. Permit A-4 may be issued to a manufacturer to	38939
manufacture prepared highballs, cocktails, cordials, and other	38940
mixed drinks containing not less than four per cent of alcohol by	38941
volume and not more than twenty-one per cent of alcohol by volume,	38942
and to sell such products to wholesale and retail permit holders	38943
in sealed containers only under such rules as are adopted by the	38944
division of liquor control. The holder of such permit may import	38945
into the state spirituous liquor and wine only for blending or	38946
other manufacturing purposes under such rules as are prescribed by	38947
the division.	38948

The holder of such permit may also purchase spirituous liquor	38949
for manufacturing and blending purposes from the holder of an A-3	38950
permit issued by the division. The formulas and the beverages	38951
manufactured by the holder of an A-4 permit ~~must~~shall be	38952
submitted to the division for its analysis and approval before	38953
~~such~~the beverages may be sold to or distributed in this state by	38954
holders of retail and wholesale permits. All labels and	38955
advertising matter used by the holders of ~~such~~A-4 permits ~~must~~	38956
shall be approved by the division before they may be used in this	38957
state. The fee for ~~this~~an A-4 permit is three thousand ~~one~~nine	38958
hundred ~~twenty-five~~six dollars for each plant.	38959

Sec. 4303.06. Permit B-1 may be issued to a wholesale	38960
distributor of beer to purchase from the holders of A-1 permits	38961
and to import and distribute or sell beer for home use and to	38962
retail permit holders under rules adopted by the division of	38963
liquor control. The fee for this permit is ~~two~~three thousand ~~five~~	38964
one hundred twenty-five dollars for each distributing plant or	38965
warehouse during the year covered by the permit.	38966

Sec. 4303.07. Permit B-2 may be issued to a wholesale	38967
distributor of wine to purchase from holders of A-2 and B-5	38968
permits and distribute or sell such product, in the original	38969
container in which it was placed by the B-5 permit holder or	38970
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,	38971
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,	38972
D-5h, D-5i, D-5j, D-5k, and E permit holders, and for home use.	38973
The fee for this permit is ~~two~~five hundred ~~fifty~~ dollars for each	38974
distributing plant or warehouse. The initial fee shall be	38975
increased ten cents per wine barrel of fifty gallons for all wine	38976
distributed and sold in this state in excess of twelve hundred	38977
fifty such barrels during the year covered by the permit.	38978

Sec. 4303.08. Permit B-3 may be issued to a wholesale	38979
distributor of wine to bottle, distribute, or sell sacramental	38980
wine for religious rites upon an application signed, dated, and	38981
approved as required by section 4301.23 of the Revised Code. The	38982
fee for this permit is ~~sixty-two~~one hundred twenty-four dollars.	38983

Sec. 4303.09. Permit B-4 may be issued to a wholesale	38984
distributor to purchase from the holders of A-4 permits and to	38985
import, distribute, and sell prepared and bottled highballs,	38986
cocktails, cordials, and other mixed beverages containing not less	38987
than four per cent of alcohol by volume and not more than	38988
twenty-one per cent of alcohol by volume to retail permit holders,	38989
and for home use, under ~~such~~ rules ~~as are~~ adopted by the division	38990
of liquor control. The formula and samples of all such beverages	38991
to be handled by the permit holder ~~must~~shall be submitted to the	38992
division for analysis and the approval of the division before such	38993
beverages may be sold and distributed in this state. All labels	38994
and advertising matter used by the holders of ~~such permits must~~	38995
this permit shall be approved by the division before they may be	38996
used in this state. The fee for this permit shall be computed on	38997
the basis of annual sales, and the initial fee is ~~two~~five hundred	38998
~~fifty~~ dollars for each distributing plant or warehouse. ~~Such~~The	38999
initial fee shall be increased at the rate of ten cents per wine	39000
barrel of fifty gallons for all such beverages distributed and	39001
sold in this state in excess of one thousand such barrels during	39002
the year covered by the permit.	39003

Sec. 4303.10. Permit B-5 may be issued to a wholesale	39004
distributor of wine to purchase wine from the holders of A-2	39005
permits, to purchase and import wine in bond or otherwise, in bulk	39006
or in containers of any size, and to bottle wine for distribution	39007
and sale to holders of A-1-A, B-2, B-3, B-5, C-2, D-2, D-3, D-4,	39008
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,	39009
D-5j, D-5k, and E permits and for home use in sealed containers.	39010
No wine shall be bottled by a B-5 permit holder in containers	39011
supplied by any person who intends the wine for home use. The fee	39012
for this permit is one thousand ~~two~~five hundred ~~fifty~~sixty-three	39013
dollars.	39014

Sec. 4303.11. Permit C-1 may be issued to the owner or	39015
operator of a retail store to sell beer in containers and not for	39016
consumption on the premises where sold in original containers	39017
having a capacity of not more than five and one-sixth gallons. The	39018
fee for this permit is ~~one~~two hundred ~~twenty-six~~fifty-two	39019
dollars for each location.	39020

Sec. 4303.12. Permit C-2 may be issued to the owner or	39021
operator of a retail store to sell wine in sealed containers only	39022
and not for consumption on the premises where sold in original	39023
containers. The holder of ~~such~~this permit may also sell and	39024
distribute in original packages and not for consumption on the	39025
premises where sold or for resale, prepared and bottled highballs,	39026
cocktails, cordials, and other mixed beverages manufactured and	39027
distributed by holders of A-4 and B-4 permits, and containing not	39028
less than four per cent of alcohol by volume, and not more than	39029
twenty-one per cent of alcohol by volume. The fee for this permit	39030
is ~~one~~three hundred ~~eighty-eight~~seventy-six dollars for each	39031
location.	39032

Sec. 4303.121. Effective October 1, 1982, permit C-2x shall	39033
be issued to the holder of a C-2 permit who does not also hold a	39034
C-1 permit, to sell beer only not for consumption on the premises	39035
where sold, in original containers having a capacity of not more	39036
than five and one-sixth gallons. Applicants for a C-2 permit as of	39037
October 1, 1982 shall be issued a C-2x permit subject to the	39038
restrictions for the issuance of the C-2 permit. The fee for a	39039
C-2x permit is ~~one~~two hundred ~~twenty-six~~fifty-two dollars.	39040

Sec. 4303.13. Permit D-1 may be issued to the owner or	39041
operator of a hotel or, of a retail food establishment or a food	39042
service operation licensed pursuant to Chapter 3717. of the	39043
Revised Code that operates as a restaurant for purposes of this	39044
chapter, or of a club, amusement park, drugstore, lunch stand,	39045
boat, or vessel, ~~and shall be issued to a person described in~~	39046
~~division (B) of this section,~~ to sell beer at retail either in	39047
glass or container, for consumption on the premises where sold;	39048
and~~, except as otherwise provided in division (B) of this section,~~	39049
to sell beer at retail in other receptacles or in original	39050
containers having a capacity of not more than five and one-sixth	39051
gallons not for consumption on the premises where sold. The fee	39052
for this permit is ~~one~~three hundred ~~eighty-eight~~seventy-six	39053
dollars for each location, boat, or vessel.	39054

Sec. 4303.14. Permit D-2 may be issued to the owner or	39055
operator of a hotel or, of a retail food establishment or a food	39056
service operation licensed pursuant to Chapter 3717. of the	39057
Revised Code that operates as a restaurant for purposes of this	39058
chapter, or of a club, boat, or vessel, to sell wine and prepared	39059
and bottled cocktails, cordials, and other mixed beverages	39060
manufactured and distributed by holders of A-4 and B-4 permits at	39061
retail, either in glass or container, for consumption on the	39062
premises where sold. The holder of ~~such~~this permit may also sell	39063
wine and prepared and bottled cocktails, cordials, and other mixed	39064
beverages in original packages and not for consumption on the	39065
premises where sold or for resale. The fee for this permit is ~~two~~	39066
five hundred ~~eighty-two~~sixty-four dollars for each location,	39067
boat, or vessel.	39068

Sec. 4303.141. Effective October 1, 1982, permit D-2x shall	39069
be issued to the holder of a D-2 permit who does not also hold a	39070
D-1 permit, to sell beer at retail either in glass or container	39071
for consumption on the premises where sold and to sell beer at	39072
retail in other receptacles or original containers having a	39073
capacity of not more than five and one-sixth gallons not for	39074
consumption on the premises where sold. Applicants for a D-2	39075
permit as of October 1, 1982, shall be issued a D-2x permit	39076
subject to the quota restrictions for the issuance of the D-2	39077
permit. The fee for a D-2x permit is ~~one~~three hundred	39078
~~eighty-eight~~seventy-six dollars.	39079

Sec. 4303.15. Permit D-3 may be issued to the owner or	39080
operator of a hotel or, of a retail food establishment or a food	39081
service operation licensed pursuant to Chapter 3717. of the	39082
Revised Code that operates as a restaurant for purposes of this	39083
chapter, or of a club, boat, or vessel, to sell spirituous liquor	39084
at retail, only by the individual drink in glass or from the	39085
container, for consumption on the premises where sold. No sales of	39086
intoxicating liquor shall be made by a holder of a D-3 permit	39087
after one a.m. The fee for this permit is ~~six~~seven hundred fifty	39088
dollars for each location, boat, or vessel.	39089

Sec. 4303.151. On October 1, 1982, permit D-3x shall be	39090
issued to the holder of a D-3 permit, to sell wine by the	39091
individual drink in glass or from the container, for consumption	39092
on the premises where sold. Applications for a D-3 permit on	39093
October 1, 1982, may be issued a D-3x permit subject to the quota	39094
restrictions for the issuance of a D-3 permit. The fee for a D-3x	39095
permit is ~~one~~three hundred ~~fifty~~ dollars.	39096

Sec. 4303.16. Permit D-3a may be issued to the holder of a	39097
D-3 permit whenever ~~his~~the holder's place of business is operated	39098
after one a.m. and spirituous liquor is sold or consumed after	39099
~~such~~that hour. The holder of such permit may sell spirituous	39100
liquor during the same hours as the holders of D-5 permits under	39101
this chapter and Chapter 4301. of the Revised Code or the rules of	39102
the liquor control commission. The fee for a D-3a permit is ~~seven~~	39103
nine hundred ~~fifty~~thirty-eight dollars in addition to the fee	39104
required for a D-3 permit.	39105

If the holder of a D-3a permit is also the holder of a D-1	39106
permit, hethe holder may sell beer after one a.m. and during the	39107
same hours as the holder of a D-5 permit. If the holder of a D-3a	39108
permit is also the holder of a D-2 permit, hethe holder may sell	39109
intoxicating liquor after one a.m. and during the same hours as	39110
the holder of a D-5 permit. The holder of a D-3a permit may	39111
furnish music and entertainment to ~~his~~the holder's patrons,	39112
subject to the same rules as govern D-5 permit holders.	39113

Sec. 4303.17. Permit D-4 may be issued to a club ~~which~~that	39114
has been in existence for three years or more prior to the	39115
issuance of ~~such~~the permit to sell beer and any intoxicating	39116
liquor to its members only, in glass or container, for consumption	39117
on the premises where sold. The fee for this permit is ~~three~~four	39118
hundred ~~seventy-five~~sixty-nine dollars. No such permit shall be	39119
granted or retained until all elected officers of such	39120
organization controlling such club have filed with the division of	39121
liquor control a statement certifying that such club is operated	39122
in the interest of the membership of a reputable organization,	39123
which is maintained by a dues paying membership, setting forth the	39124
amount of initiation fee and yearly dues. All such matters shall	39125
be contained in a statement signed under oath and accompanied by a	39126
surety bond in the sum of one thousand dollars. Such bond shall be	39127
declared forfeited in the full amount of the penal sum of the bond	39128
for any false statement contained in such certificate and the	39129
surety shall pay the amount of the bond to the division. The	39130
roster of membership of a D-4 permit holder shall be submitted	39131
under oath on the request of the superintendent of liquor control.	39132
Any information acquired by the superintendent or the division	39133
with respect to such membership shall not be open to public	39134
inspection or examination and may be divulged by the	39135
superintendent and the division only in hearings before the liquor	39136
control commission or in a court action in which the division or	39137
the superintendent is named a party.	39138

The requirement that a club shall have been in existence for	39139
three years in order to qualify for a D-4 permit does not apply to	39140
units of organizations chartered by congress or to a subsidiary	39141
unit of a national fraternal organization if the parent	39142
organization has been in existence for three years or more at the	39143
time application for a permit is made by such unit.	39144

No rule or order of the division or commission shall prohibit	39145
a charitable organization that holds a D-4 permit from selling or	39146
serving beer or intoxicating liquor under its permit in a portion	39147
of its premises merely because that portion of its premises is	39148
used at other times for the conduct of a ~~charitable~~ bingo game as	39149
described in division (S) of section 2915.01 of the Revised Code.	39150
However, such an organization shall not sell or serve beer or	39151
intoxicating liquor or permit beer or intoxicating liquor to be	39152
consumed or seen in the same location in its premises where a	39153
~~charitable~~ bingo game, as described in division (S)(1) of section	39154
2915.01 of the Revised Code, is being conducted while the game is	39155
being conducted. As used in this section, "charitable	39156
organization" has the same meaning as in division (H) of section	39157
2915.01 ~~and "charitable bingo game" has the same meaning as in~~	39158
~~division (R) of section 2915.01~~ of the Revised Code.	39159

Sec. 4303.171. Permit D-4a may be issued to an airline	39160
company ~~which~~that leases and operates a premises exclusively for	39161
the benefit of the members and their guests of a private club	39162
sponsored by the airline company, at a publicly owned airport, as	39163
defined in section 4563.01 of the Revised Code, at which	39164
commercial airline companies operate regularly scheduled flights	39165
on which space is available to the public, to sell beer and any	39166
intoxicating liquor to members of the private club and their	39167
guests, only by the individual drink in glass and from the	39168
container, for consumption on the premises where sold. In addition	39169
to the privileges authorized in this section, the holder of a D-4a	39170
permit may exercise the same privileges as a holder of a D-4	39171
permit. The holder of a D-4a permit shall make no sales of beer or	39172
intoxicating liquor after two-thirty a.m.	39173

A D-4a permit shall not be transferred to another location.	39174
No quota restriction shall be placed upon the number of such	39175
permits which may be issued.	39176

The fee for this permit is ~~six~~seven hundred fifty dollars.

39177

Sec. 4303.18. Permit D-5 may be issued to the owner or	39178
operator of a retail food establishment or a food service	39179
operation licensed pursuant to Chapter 3717. of the Revised Code	39180
that operates as a restaurant or night club for purposes of this	39181
chapter, to sell beer and any intoxicating liquor at retail, only	39182
by the individual drink in glass and from the container, for	39183
consumption on the premises where sold, and to sell the same	39184
products in the same manner and amounts not for consumption on the	39185
premises as may be sold by holders of D-1 and D-2 permits. A	39186
person who is the holder of both a D-3 and D-3a permit need not	39187
obtain a D-5 permit. The fee for this permit is ~~one~~two thousand	39188
~~eight~~three hundred ~~seventy-five~~forty-four dollars.	39189

Sec. 4303.181. (A) Permit D-5a may be issued either to the	39190
owner or operator of a hotel or motel that is required to be	39191
licensed under section 3731.03 of the Revised Code, that contains	39192
at least fifty rooms for registered transient guests, and that	39193
qualifies under the other requirements of this section, or to the	39194
owner or operator of a restaurant specified under this section, to	39195
sell beer and any intoxicating liquor at retail, only by the	39196
individual drink in glass and from the container, for consumption	39197
on the premises where sold, and to registered guests in their	39198
rooms, which may be sold by means of a controlled access alcohol	39199
and beverage cabinet in accordance with division (B) of section	39200
4301.21 of the Revised Code; and to sell the same products in the	39201
same manner and amounts not for consumption on the premises as may	39202
be sold by holders of D-1 and D-2 permits. The premises of the	39203
hotel or motel shall include a retail food establishment or a food	39204
service operation licensed pursuant to Chapter 3717. of the	39205
Revised Code that operates as a restaurant for purposes of this	39206
chapter and that is affiliated with the hotel or motel and within	39207
or contiguous to the hotel or motel, and that serves food within	39208
the hotel or motel, but the principal business of the owner or	39209
operator of the hotel or motel shall be the accommodation of	39210
transient guests. In addition to the privileges authorized in this	39211
division, the holder of a D-5a permit may exercise the same	39212
privileges as the holder of a D-5 permit.	39213

The owner or operator of a hotel, motel, or restaurant who	39214
qualified for and held a D-5a permit on August 4, 1976, may, if	39215
the owner or operator held another permit before holding a D-5a	39216
permit, either retain a D-5a permit or apply for the permit	39217
formerly held, and the division of liquor control shall issue the	39218
permit for which the owner or operator applies and formerly held,	39219
notwithstanding any quota.	39220

A D-5a permit shall not be transferred to another location.	39221
No quota restriction shall be placed on the number of such permits	39222
that may be issued.	39223

The fee for this permit is ~~one~~two thousand ~~eight~~three	39224
hundred ~~seventy-five~~forty-four dollars.	39225

(B) Permit D-5b may be issued to the owner, operator, tenant,	39226
lessee, or occupant of an enclosed shopping center to sell beer	39227
and intoxicating liquor at retail, only by the individual drink in	39228
glass and from the container, for consumption on the premises	39229
where sold; and to sell the same products in the same manner and	39230
amount not for consumption on the premises as may be sold by	39231
holders of D-1 and D-2 permits. In addition to the privileges	39232
authorized in this division, the holder of a D-5b permit may	39233
exercise the same privileges as a holder of a D-5 permit.	39234

A D-5b permit shall not be transferred to another location.

39235

One D-5b permit may be issued at an enclosed shopping center	39236
containing at least two hundred twenty-five thousand, but less	39237
than four hundred thousand, square feet of floor area.	39238

Two D-5b permits may be issued at an enclosed shopping center	39239
containing at least four hundred thousand square feet of floor	39240
area. No more than one D-5b permit may be issued at an enclosed	39241
shopping center for each additional two hundred thousand square	39242
feet of floor area or fraction of that floor area, up to a maximum	39243
of five D-5b permits for each enclosed shopping center. The number	39244
of D-5b permits that may be issued at an enclosed shopping center	39245
shall be determined by subtracting the number of D-3 and D-5	39246
permits issued in the enclosed shopping center from the number of	39247
D-5b permits that otherwise may be issued at the enclosed shopping	39248
center under the formulas provided in this division. Except as	39249
provided in this section, no quota shall be placed on the number	39250
of D-5b permits that may be issued. Notwithstanding any quota	39251
provided in this section, the holder of any D-5b permit first	39252
issued in accordance with this section is entitled to its renewal	39253
in accordance with section 4303.271 of the Revised Code.	39254

The holder of a D-5b permit issued before April 4, 1984,	39255
whose tenancy is terminated for a cause other than nonpayment of	39256
rent, may return the D-5b permit to the division of liquor	39257
control, and the division shall cancel that permit. Upon	39258
cancellation of that permit and upon the permit holder's payment	39259
of taxes, contributions, premiums, assessments, and other debts	39260
owing or accrued upon the date of cancellation to this state and	39261
its political subdivisions and a filing with the division of a	39262
certification of that payment, the division shall issue to that	39263
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	39264
that person requests. The division shall issue the D-5 permit, or	39265
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	39266
D-3, or D-5 permits currently issued in the municipal corporation	39267
or in the unincorporated area of the township where that person's	39268
proposed premises is located equals or exceeds the maximum number	39269
of such permits that can be issued in that municipal corporation	39270
or in the unincorporated area of that township under the	39271
population quota restrictions contained in section 4303.29 of the	39272
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	39273
be transferred to another location. If a D-5b permit is canceled	39274
under the provisions of this paragraph, the number of D-5b permits	39275
that may be issued at the enclosed shopping center for which the	39276
D-5b permit was issued, under the formula provided in this	39277
division, shall be reduced by one if the enclosed shopping center	39278
was entitled to more than one D-5b permit under the formula.	39279

The fee for this permit is ~~one~~two thousand ~~eight~~three	39280
hundred ~~seventy-five~~forty-four dollars.	39281

(C) Permit D-5c may be issued to the owner or operator of a	39282
retail food establishment or a food service operation licensed	39283
pursuant to Chapter 3717. of the Revised Code that operates as a	39284
restaurant for purposes of this chapter and that qualifies under	39285
the other requirements of this section to sell beer and any	39286
intoxicating liquor at retail, only by the individual drink in	39287
glass and from the container, for consumption on the premises	39288
where sold, and to sell the same products in the same manner and	39289
amounts not for consumption on the premises as may be sold by	39290
holders of D-1 and D-2 permits. In addition to the privileges	39291
authorized in this division, the holder of a D-5c permit may	39292
exercise the same privileges as the holder of a D-5 permit.	39293

To qualify for a D-5c permit, the owner or operator of a	39294
retail food establishment or a food service operation licensed	39295
pursuant to Chapter 3717. of the Revised Code that operates as a	39296
restaurant for purposes of this chapter, shall have operated the	39297
restaurant at the proposed premises for not less than twenty-four	39298
consecutive months immediately preceding the filing of the	39299
application for the permit, have applied for a D-5 permit no later	39300
than December 31, 1988, and appear on the division's quota waiting	39301
list for not less than six months immediately preceding the filing	39302
of the application for the permit. In addition to these	39303
requirements, the proposed D-5c permit premises shall be located	39304
within a municipal corporation and further within an election	39305
precinct that, at the time of the application, has no more than	39306
twenty-five per cent of its total land area zoned for residential	39307
use.	39308

A D-5c permit shall not be transferred to another location.	39309
No quota restriction shall be placed on the number of such permits	39310
that may be issued.	39311

Any person who has held a D-5c permit for at least two years	39312
may apply for a D-5 permit, and the division of liquor control	39313
shall issue the D-5 permit notwithstanding the quota restrictions	39314
contained in section 4303.29 of the Revised Code or in any rule of	39315
the liquor control commission.	39316

The fee for this permit is one thousand ~~two~~five hundred	39317
~~fifty~~sixty-three dollars.	39318

(D) Permit D-5d may be issued to the owner or operator of a	39319
retail food establishment or a food service operation licensed	39320
pursuant to Chapter 3717. of the Revised Code that operates as a	39321
restaurant for purposes of this chapter and that is located at an	39322
airport operated by a board of county commissioners pursuant to	39323
section 307.20 of the Revised Code, at an airport operated by a	39324
port authority pursuant to Chapter 4582. of the Revised Code, or	39325
at an airport operated by a regional airport authority pursuant to	39326
Chapter 308. of the Revised Code. The holder of a D-5d permit may	39327
sell beer and any intoxicating liquor at retail, only by the	39328
individual drink in glass and from the container, for consumption	39329
on the premises where sold, and may sell the same products in the	39330
same manner and amounts not for consumption on the premises where	39331
sold as may be sold by the holders of D-1 and D-2 permits. In	39332
addition to the privileges authorized in this division, the holder	39333
of a D-5d permit may exercise the same privileges as the holder of	39334
a D-5 permit.	39335

A D-5d permit shall not be transferred to another location.	39336
No quota restrictions shall be placed on the number of such	39337
permits that may be issued.	39338

The fee for this permit is ~~one~~two thousand ~~eight~~three	39339
hundred ~~seventy-five~~forty-four dollars.	39340

(E) Permit D-5e may be issued to any nonprofit organization	39341
that is exempt from federal income taxation under the "Internal	39342
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	39343
amended, or that is a charitable organization under any chapter of	39344
the Revised Code, and that owns or operates a riverboat that meets	39345
all of the following:	39346

(1) Is permanently docked at one location;

39347

(2) Is designated as an historical riverboat by the Ohio	39348
historical society;	39349

(3) Contains not less than fifteen hundred square feet of	39350
floor area;	39351

(4) Has a seating capacity of fifty or more persons.

39352

The holder of a D-5e permit may sell beer and intoxicating	39353
liquor at retail, only by the individual drink in glass and from	39354
the container, for consumption on the premises where sold.	39355

A D-5e permit shall not be transferred to another location.	39356
No quota restriction shall be placed on the number of such permits	39357
that may be issued. The population quota restrictions contained in	39358
section 4303.29 of the Revised Code or in any rule of the liquor	39359
control commission shall not apply to this division, and the	39360
division shall issue a D-5e permit to any applicant who meets the	39361
requirements of this division. However, the division shall not	39362
issue a D-5e permit if the permit premises or proposed permit	39363
premises are located within an area in which the sale of	39364
spirituous liquor by the glass is prohibited.	39365

The fee for this permit is ~~nine~~one thousand two hundred	39366
~~seventy-five~~nineteen dollars.	39367

(F) Permit D-5f may be issued to the owner or operator of a	39368
retail food establishment or a food service operation licensed	39369
under Chapter 3717. of the Revised Code that operates as a	39370
restaurant for purposes of this chapter and that meets all of the	39371
following:	39372

(1) It contains not less than twenty-five hundred square feet	39373
of floor area.	39374

(2) It is located on or in, or immediately adjacent to, the	39375
shoreline of, a navigable river.	39376

(3) It provides docking space for twenty-five boats.

39377

(4) It provides entertainment and recreation, provided that	39378
not less than fifty per cent of the business on the permit	39379
premises shall be preparing and serving meals for a consideration.	39380

In addition, each application for a D-5f permit shall be	39381
accompanied by a certification from the local legislative	39382
authority that the issuance of the D-5f permit is not inconsistent	39383
with that political subdivision's comprehensive development plan	39384
or other economic development goal as officially established by	39385
the local legislative authority.	39386

The holder of a D-5f permit may sell beer and intoxicating	39387
liquor at retail, only by the individual drink in glass and from	39388
the container, for consumption on the premises where sold.	39389

A D-5f permit shall not be transferred to another location.

39390

The division of liquor control shall not issue a D-5f permit	39391
if the permit premises or proposed permit premises are located	39392
within an area in which the sale of spirituous liquor by the glass	39393
is prohibited.	39394

A fee for this permit is ~~one~~two thousand ~~eight~~three hundred	39395
~~seventy-five~~forty-four dollars.	39396

As used in this division, "navigable river" means a river	39397
that is also a "navigable water" as defined in the "Federal Power	39398
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	39399

(G) Permit D-5g may be issued to a nonprofit corporation that	39400
is either the owner or the operator of a national professional	39401
sports museum. The holder of a D-5g permit may sell beer and any	39402
intoxicating liquor at retail, only by the individual drink in	39403
glass and from the container, for consumption on the premises	39404
where sold. The holder of a D-5g permit shall sell no beer or	39405
intoxicating liquor for consumption on the premises where sold	39406
after one a.m. A D-5g permit shall not be transferred to another	39407
location. No quota restrictions shall be placed on the number of	39408
D-5g permits that may be issued. The fee for this permit is one	39409
thousand ~~five~~eight hundred seventy-five dollars.	39410

(H) Permit D-5h may be issued to any nonprofit organization	39411
that is exempt from federal income taxation under the "Internal	39412
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	39413
amended, that owns or operates a fine arts museum and has no less	39414
than five thousand bona fide members possessing full membership	39415
privileges. The holder of a D-5h permit may sell beer and any	39416
intoxicating liquor at retail, only by the individual drink in	39417
glass and from the container, for consumption on the premises	39418
where sold. The holder of a D-5h permit shall sell no beer or	39419
intoxicating liquor for consumption on the premises where sold	39420
after one a.m. A D-5h permit shall not be transferred to another	39421
location. No quota restrictions shall be placed on the number of	39422
D-5h permits that may be issued. The fee for this permit is one	39423
thousand ~~five~~eight hundred seventy-five dollars.	39424

(I) Permit D-5i may be issued to the owner or operator of a	39425
retail food establishment or a food service operation licensed	39426
under Chapter 3717. of the Revised Code that operates as a	39427
restaurant for purposes of this chapter and that meets all of the	39428
following requirements:	39429

(1) It is located in a municipal corporation or a township	39430
with a population of fifty thousand or less.	39431

(2) It has inside seating capacity for at least one hundred	39432
forty persons.	39433

(3) It has at least four thousand square feet of floor area.

39434

(4) It offers full-course meals, appetizers, and sandwiches.

39435

(5) Its receipts from beer and liquor sales do not exceed	39436
twenty-five per cent of its total gross receipts.	39437

(6) The value of its real and personal property exceeds seven	39438
hundred twenty-five thousand dollars.	39439

The holder of a D-5i permit shall cause an independent audit	39440
to be performed at the end of one full year of operation following	39441
issuance of the permit in order to verify the requirements of	39442
division (I)(5) of this section. The results of the independent	39443
audit shall be transmitted to the division. Upon determining that	39444
the receipts of the holder from beer and liquor sales exceeded	39445
twenty-five per cent of its total gross receipts, the division	39446
shall suspend the permit of the permit holder under section	39447
4301.25 of the Revised Code and may allow the permit holder to	39448
elect a forfeiture under section 4301.252 of the Revised Code.	39449

The holder of a D-5i permit may sell beer and any	39450
intoxicating liquor at retail, only by the individual drink in	39451
glass and from the container, for consumption on the premises	39452
where sold, and may sell the same products in the same manner and	39453
amounts not for consumption on the premises where sold as may be	39454
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	39455
permit shall sell no beer or intoxicating liquor for consumption	39456
on the premises where sold after two-thirty a.m. In addition to	39457
the privileges authorized in this division, the holder of a D-5i	39458
permit may exercise the same privileges as the holder of a D-5	39459
permit.	39460

A D-5i permit shall not be transferred to another location.	39461
The division of liquor control shall not renew a D-5i permit	39462
unless the food service operation for which it is issued continues	39463
to meet the requirements described in divisions (I)(1) to (6) of	39464
this section. No quota restrictions shall be placed on the number	39465
of D-5i permits that may be issued. The fee for this permit is ~~one~~	39466
two thousand ~~eight~~three hundred ~~seventy-five~~forty-four dollars.	39467

(J)(1) Permit D-5j may be issued to the owner or the operator	39468
of a retail food establishment or a food service operation	39469
licensed under Chapter 3717. of the Revised Code to sell beer and	39470
intoxicating liquor at retail, only by the individual drink in	39471
glass and from the container, for consumption on the premises	39472
where sold and to sell beer and intoxicating liquor in the same	39473
manner and amounts not for consumption on the premises where sold	39474
as may be sold by the holders of D-1 and D-2 permits. The holder	39475
of a D-5j permit may exercise the same privileges, and shall	39476
observe the same hours of operation, as the holder of a D-5	39477
permit.	39478

(2) The D-5j permit shall be issued only within a community	39479
entertainment district that is designated under section 4301.80 of	39480
the Revised Code and that is located in a municipal corporation	39481
with a population of at least one hundred thousand.	39482

(3) The location of a D-5j permit may be transferred only	39483
within the geographic boundaries of the community entertainment	39484
district in which it was issued and shall not be transferred	39485
outside the geographic boundaries of that district.	39486

(4) Not more than one D-5j permit shall be issued within each	39487
community entertainment district for each five acres of land	39488
located within the district. Not more than fifteen D-5j permits	39489
may be issued within a single community entertainment district.	39490
Except as otherwise provided in division (J)(4) of this section,	39491
no quota restrictions shall be placed upon the number of D-5j	39492
permits that may be issued.	39493

(5) The fee for a D-5j permit is ~~one~~two thousand ~~eight~~three	39494
hundred ~~seventy-five~~forty-four dollars.	39495

(K)(1) Permit D-5k may be issued to any nonprofit	39496
organization that is exempt from federal income taxation under the	39497
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	39498
501(c)(3), as amended, that is the owner or operator of a	39499
botanical garden recognized by the American association of	39500
botanical gardens and arboreta, and that has not less than	39501
twenty-five hundred bona fide members.	39502

(2) The holder of a D-5k permit may sell beer and any	39503
intoxicating liquor at retail, only by the individual drink in	39504
glass and from the container, on the premises where sold.	39505

(3) The holder of a D-5k permit shall sell no beer or	39506
intoxicating liquor for consumption on the premises where sold	39507
after one a.m.	39508

(4) A D-5k permit shall not be transferred to another	39509
location.	39510

(5) No quota restrictions shall be placed on the number of	39511
D-5k permits that may be issued.	39512

(6) The fee for the D-5k permit is one thousand ~~five~~eight	39513
hundred seventy-five dollars.	39514

Sec. 4303.182. (A) Except as otherwise provided in divisions	39515
(B) to (G) of this section, permit D-6 shall be issued to the	39516
holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a,	39517
D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-7	39518
permit to allow sale under that permit between the hours of ten	39519
a.m. and midnight, or between the hours of one p.m. and midnight,	39520
on Sunday, as applicable, if that sale has been authorized under	39521
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	39522
Code and under the restrictions of that authorization.	39523

(B) Permit D-6 shall be issued to the holder of any permit,	39524
including a D-4a and D-5d permit, authorizing the sale of	39525
intoxicating liquor issued for a premises located at any publicly	39526
owned airport, as defined in section 4563.01 of the Revised Code,	39527
at which commercial airline companies operate regularly scheduled	39528
flights on which space is available to the public, to allow sale	39529
under such permit between the hours of ten a.m. and midnight on	39530
Sunday, whether or not that sale has been authorized under section	39531
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	39532

(C) Permit D-6 shall be issued to the holder of a D-5a	39533
permit, and to the holder of a D-3 or D-3a permit who is the owner	39534
or operator of a hotel or motel that is required to be licensed	39535
under section 3731.03 of the Revised Code, that contains at least	39536
fifty rooms for registered transient guests, and that has on its	39537
premises a retail food establishment or a food service operation	39538
licensed pursuant to Chapter 3717. of the Revised Code that	39539
operates as a restaurant for purposes of this chapter and is	39540
affiliated with the hotel or motel and within or contiguous to the	39541
hotel or motel and serving food within the hotel or motel, to	39542
allow sale under such permit between the hours of ten a.m. and	39543
midnight on Sunday, whether or not that sale has been authorized	39544
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	39545
Revised Code.	39546

(D) The holder of a D-6 permit that is issued to a sports	39547
facility may make sales under the permit between the hours of	39548
eleven a.m. and midnight on any Sunday on which a professional	39549
baseball, basketball, football, hockey, or soccer game is being	39550
played at the sports facility. As used in this division, "sports	39551
facility" means a stadium or arena that has a seating capacity of	39552
at least four thousand and that is owned or leased by a	39553
professional baseball, basketball, football, hockey, or soccer	39554
franchise or any combination of those franchises.	39555

(E) Permit D-6 shall be issued to the holder of any permit	39556
that authorizes the sale of beer or intoxicating liquor and that	39557
is issued to a premises located in or at the Ohio historical	39558
society area or the state fairgrounds, as defined in division (B)	39559
of section 4301.40 of the Revised Code, to allow sale under that	39560
permit between the hours of ten a.m. and midnight on Sunday,	39561
whether or not that sale has been authorized under section	39562
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	39563

(F) Permit D-6 shall be issued to the holder of any permit	39564
that authorizes the sale of intoxicating liquor and that is issued	39565
to an outdoor performing arts center to allow sale under that	39566
permit between the hours of one p.m. and midnight on Sunday,	39567
whether or not that sale has been authorized under section	39568
4301.361 of the Revised Code. A D-6 permit issued under this	39569
division is subject to the results of an election, held after the	39570
D-6 permit is issued, on question (B)(4) as set forth in section	39571
4301.351 of the Revised Code. Following the end of the period	39572
during which an election may be held on question (B)(4) as set	39573
forth in that section, sales of intoxicating liquor may continue	39574
at an outdoor performing arts center under a D-6 permit issued	39575
under this division, unless an election on that question is held	39576
during the permitted period and a majority of the voters voting in	39577
the precinct on that question vote "no."	39578

As used in this division, "outdoor performing arts center"	39579
means an outdoor performing arts center that is located on not	39580
less than eight hundred acres of land and that is open for	39581
performances from the first day of April to the last day of	39582
October of each year.	39583

(G) Permit D-6 shall be issued to the holder of any permit	39584
that authorizes the sale of beer or intoxicating liquor and that	39585
is issued to a golf course owned by the state, a conservancy	39586
district, a park district created under Chapter 1545. of the	39587
Revised Code, or another political subdivision to allow sale under	39588
that permit between the hours of ten a.m. and midnight on Sunday,	39589
whether or not that sale has been authorized under section	39590
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	39591

(H) If the restriction to licensed premises where the sale of	39592
food and other goods and services exceeds fifty per cent of the	39593
total gross receipts of the permit holder at the premises is	39594
applicable, the division of liquor control may accept an affidavit	39595
from the permit holder to show the proportion of the permit	39596
holder's gross receipts derived from the sale of food and other	39597
goods and services. If the liquor control commission determines	39598
that affidavit to have been false, it shall revoke the permits of	39599
the permit holder at the premises concerned.	39600

(I) The fee for the D-6 permit is ~~two~~five hundred ~~fifty~~	39601
dollars when it is issued to the holder of an A-1-A, A-2, D-2,	39602
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,	39603
D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6	39604
permit is ~~two~~four hundred dollars when it is issued to the holder	39605
of a C-2 permit.	39606

Sec. 4303.183. Permit D-7 may be issued to the holder of any	39607
D-2 permit issued by the division of liquor control, or if there	39608
is an insufficient number of D-2 permit holders to fill the resort	39609
quota, to the operator of a retail food establishment or a food	39610
service operation required to be licensed under Chapter 3717. of	39611
the Revised Code that operates as a restaurant for purposes of	39612
this chapter and which qualifies under the other requirements of	39613
this section, to sell beer and any intoxicating liquor at retail,	39614
only by the individual drink in glass and from the container, for	39615
consumption on the premises where sold. Not less than fifty per	39616
cent of the business on the permit premises shall be preparing and	39617
serving meals for a consideration in order to qualify for and	39618
continue to hold such D-7 permit. The permit premises shall be	39619
located in a resort area.	39620

"Resort area" means a municipal corporation, township,	39621
county, or any combination thereof, which provides entertainment,	39622
recreation, and transient housing facilities specifically intended	39623
to provide leisure time activities for persons other than those	39624
whose permanent residence is within the "resort area" and who	39625
increase the population of the "resort area" on a seasonal basis,	39626
and which experiences seasonal peaks of employment and	39627
governmental services as a direct result of population increase	39628
generated by the transient, recreating public. A resort season	39629
shall begin on the first day of May and end on the last day of	39630
October. Notwithstanding section 4303.27 of the Revised Code, such	39631
permits may be issued for resort seasons without regard to the	39632
calendar year or permit year. Quota restrictions on the number of	39633
such permits shall take into consideration the transient	39634
population during the resort season, the custom and habits of	39635
visitors and tourists, and the promotion of the resort and tourist	39636
industry. The fee for this permit is ~~three~~four hundred	39637
~~seventy-five~~sixty-nine dollars per month.	39638

Any suspension of a D-7 permit shall be satisfied during the	39639
resort season in which such suspension becomes final. If such	39640
suspension becomes final during the off-season, or if the period	39641
of the suspension extends beyond the last day of October, the	39642
suspension or remainder thereof shall be satisfied during the next	39643
resort season.	39644

The ownership of a D-7 permit may be transferred from one	39645
permit holder to another. The holder of a D-7 permit may file an	39646
application to transfer such permit to a new location within the	39647
same resort area, provided that such permit holder shall be the	39648
owner or operator of a retail food establishment or a food service	39649
operation, required to be licensed under Chapter 3717. of the	39650
Revised Code, that operates as a restaurant for purposes of this	39651
chapter, at such new location.	39652

Sec. 4303.184. (A) Subject to division (B) of this section,	39653
a D-8 permit may be issued to the holder of a C-1, C-2, or C-2x	39654
permit issued to a retail store that has either of the following	39655
characteristics:	39656

(1) The store has at least five thousand five hundred square	39657
feet of floor area, and it generates more than sixty per cent of	39658
its sales in general merchandise items and food for consumption	39659
off the premises where sold.	39660

(2) Wine constitutes at least sixty per cent of the value of	39661
the store's inventory.	39662

(B) A D-8 permit may be issued to the holder of a C-1, C-2,	39663
or C-2x permit only if the premises of the permit holder are	39664
located in a precinct, or at a particular location in a precinct,	39665
in which the sale of beer, wine, or mixed beverages is permitted	39666
for consumption off the premises where sold. Sales under a D-8	39667
permit are not affected by whether sales for consumption on the	39668
premises where sold are permitted in the precinct or at the	39669
particular location where the D-8 premises are located.	39670

(C) The holder of a D-8 permit may sell tasting samples of	39671
beer, wine, and mixed beverages, but not spirituous liquor, at	39672
retail, for consumption on the premises where sold in an amount	39673
not to exceed two ounces or another amount designated by rule of	39674
the liquor control commission. A tasting sample shall not be sold	39675
for general consumption. No D-8 permit holder shall allow any	39676
authorized purchaser to consume more than four tasting samples of	39677
beer, wine, or mixed beverages, or any combination of beer, wine,	39678
or mixed beverages, per day.	39679

(D) The privileges authorized under a D-8 permit may only be	39680
exercised in conjunction with and during the hours of operation	39681
authorized by a C-1, C-2, C-2x, or D-6 permit.	39682

(E) A D-8 permit shall not be transferred to another	39683
location.	39684

(F) The fee for the D-8 permit is ~~two~~five hundred ~~fifty~~	39685
dollars.	39686

(G) The holder of a D-8 permit shall cause an independent	39687
audit to be performed at the end of the first full year of	39688
operation following issuance of the permit, and at the end of each	39689
second year thereafter, in order to verify that the permit holder	39690
satisfies the applicable requirement of division (A)(1) or (2) of	39691
this section. The permit holder shall transmit the results of the	39692
independent audit to the division of liquor control. If the	39693
results of the audit indicate noncompliance with division (A) of	39694
this section, the division shall not renew the D-8 permit of the	39695
permit holder.	39696

Sec. 4303.19. Permit E may be issued to the owner or	39697
operator of any railroad, a sleeping car company operating dining	39698
cars, buffet cars, club cars, lounge cars, or similar equipment,	39699
or an airline providing charter or regularly scheduled aircraft	39700
transportation service with dining, buffet, club, lounge, or	39701
similar facilities, to sell beer or any intoxicating liquor in any	39702
such car or aircraft to bona fide passengers at retail in glass	39703
and from the container for consumption in such car or aircraft,	39704
including sale on Sunday between the hours of one p.m. and	39705
midnight. The fee for this permit is ~~two~~five hundred ~~fifty~~	39706
dollars.	39707

Sec. 4303.20. Permit F may be issued to an association of	39708
ten or more persons, a labor union, or a charitable organization,	39709
or to an employer of ten or more persons sponsoring a function for	39710
~~his~~the employer's employees, to purchase from the holders of A-1	39711
and B-1 permits and to sell beer for a period lasting not to	39712
exceed five days. No more than two such permits may be issued to	39713
the same applicant in any thirty-day period.	39714

The special function for which ~~such~~the permit is issued	39715
shall include a social, recreational, benevolent, charitable,	39716
fraternal, political, patriotic, or athletic purpose but shall not	39717
include any function the proceeds of which are for the profit or	39718
gain of any individual. The fee for this permit is ~~twenty~~forty	39719
dollars.	39720

Sec. 4303.201. (A) As used in this section:

39721

(1) "Convention facility" means any structure owned or leased	39722
by a municipal corporation or county which was expressly designed	39723
and constructed and is currently used for the purpose of	39724
presenting conventions, public meetings, and exhibitions.	39725

(2) "Nonprofit organization" means any unincorporated	39726
association or nonprofit corporation that is not formed for the	39727
pecuniary gain or profit of, and whose net earnings or any part	39728
thereof is not distributable to, its members, trustees, officers,	39729
or other private persons; provided, that the payment of reasonable	39730
compensation for services rendered and the distribution of assets	39731
on dissolution shall not be considered pecuniary gain or profit or	39732
distribution of earnings in an association or corporation all of	39733
whose members are nonprofit corporations. Distribution of earnings	39734
to member organizations does not deprive it of the status of a	39735
nonprofit organization.	39736

(B) An F-1 permit may be issued to any nonprofit organization	39737
to allow the nonprofit organization and its members and their	39738
guests to lawfully bring beer, wine, and intoxicating liquor in	39739
its original package, flasks, or other containers into a	39740
convention facility for consumption therein, if both of the	39741
following requirements are met:	39742

(1) The superintendent of liquor control is satisfied the	39743
organization meets the definition of a nonprofit organization as	39744
set forth in division (A)(2) of this section, the nonprofit	39745
organization's membership includes persons residing in two or more	39746
states, and the organization's total membership is in excess of	39747
five hundred. The superintendent may accept a sworn statement by	39748
the president or other chief executive officer of the nonprofit	39749
organization as proof of the matters required in this division.	39750

(2) The managing official or employee of the convention	39751
facility has given written consent to the use of the convention	39752
facility and to the application for the F-1 permit, as shown in	39753
the nonprofit organization's application to the superintendent.	39754

(C) The superintendent shall specify individually the	39755
effective period of each F-1 permit on the permit, which shall not	39756
exceed three days. The fee for an F-1 permit is ~~one~~two hundred	39757
~~twenty-five~~fifty dollars. The superintendent shall prepare and	39758
make available application forms to request F-1 permits and may	39759
require applicants to furnish such information as the	39760
superintendent determines to be necessary for the administration	39761
of this section.	39762

(D) No holder of an F-1 permit shall make a specific charge	39763
for beer, wine, or intoxicating liquor by the drink, or in its	39764
original package, flasks, or other containers in connection with	39765
its use of the convention facility under the permit.	39766

Sec. 4303.202. (A) The division of liquor control may issue	39767
an F-2 permit to an association or corporation, or to a recognized	39768
subordinate lodge, chapter, or other local unit of an association	39769
or corporation, to sell beer or intoxicating liquor by the	39770
individual drink at an event to be held on premises located in a	39771
political subdivision or part thereof where the sale of beer or	39772
intoxicating liquor on that day is otherwise permitted by law.	39773

The division of liquor control may issue an F-2 permit to an	39774
association or corporation, or to a recognized subordinate lodge,	39775
chapter, or other local unit of an association or corporation, to	39776
sell beer, wine, and spirituous liquor by the individual drink at	39777
an event to be held on premises located in a political subdivision	39778
or part thereof where the sale of beer and wine, but not	39779
spirituous liquor, is otherwise permitted by law on that day.	39780

Notwithstanding section 1711.09 of the Revised Code, this	39781
section applies to any association or corporation or a recognized	39782
subordinate lodge, chapter, or other local unit of an association	39783
or corporation.	39784

In order to receive an F-2 permit, the association,	39785
corporation, or local unit shall be organized not for profit,	39786
shall be operated for a charitable, cultural, fraternal, or	39787
educational purpose, and shall not be affiliated with the holder	39788
of any class of liquor permit, other than a D-4 permit.	39789

The premises on which the permit is to be used shall be	39790
clearly defined and sufficiently restricted to allow proper	39791
supervision of the permit use by state and local law enforcement	39792
personnel. An F-2 permit may be issued for the same premises for	39793
which another class of permit is issued.	39794

No F-2 permit shall be effective for more than forty-eight	39795
consecutive hours, and sales shall be confined to the same hours	39796
permitted to the holder of a D-3 permit. The division shall not	39797
issue more than two F-2 permits in one calendar year to the same	39798
association, corporation, or local unit of an association or	39799
corporation. The fee for an F-2 permit is ~~seventy-five~~one hundred	39800
fifty dollars.	39801

If an applicant wishes the holder of a D-3, D-4, or D-5	39802
permit to conduct the sale of beer and intoxicating liquor at the	39803
event, the applicant may request that the F-2 permit be issued	39804
jointly to the association, corporation, or local unit and the	39805
D-permit holder. If a permit is issued jointly, the association,	39806
corporation, or local unit and the D-permit holder shall both be	39807
held responsible for any conduct that violates laws pertaining to	39808
the sale of alcoholic beverages, including sales by the D-permit	39809
holder; otherwise, the association, corporation, or local unit	39810
shall be held responsible. In addition to the permit fee paid by	39811
the association, corporation, or local unit, the D-permit holder	39812
shall pay a fee of ten dollars. A D-permit holder may receive an	39813
unlimited number of joint F-2 permits.	39814

Any association, corporation, or local unit applying for an	39815
F-2 permit shall file with the application a statement of the	39816
organizational purpose of the association, corporation, or local	39817
unit, the location and purpose of the event, and a list of its	39818
officers. The application form shall contain a notice that a	39819
person who knowingly makes a false statement on the application or	39820
statement is guilty of the crime of falsification, a misdemeanor	39821
of the first degree. In ruling on an application, the division	39822
shall consider, among other things, the past activities of the	39823
association, corporation, or local unit and any D-permit holder	39824
while operating under other F-2 permits, the location of the event	39825
for which the current application is made, and any objections of	39826
local residents or law enforcement authorities. If the division	39827
approves the application, it shall send copies of the approved	39828
application to the proper law enforcement authorities prior to the	39829
scheduled event.	39830

Using the procedures of Chapter 119. of the Revised Code, the	39831
liquor control commission may adopt such rules as are necessary to	39832
administer this section.	39833

(B) No association, corporation, local unit of an association	39834
or corporation, or D-permit holder who holds an F-2 permit shall	39835
sell beer or intoxicating liquor beyond the hours of sale allowed	39836
by the permit. This division imposes strict liability on the	39837
holder of such permit and on any officer, agent, or employee of	39838
such permit holder.	39839

Sec. 4303.203. (A) As used in this section:

39840

(1) "Convention facility" and "nonprofit corporation" have	39841
the same meanings as in section 4303.201 of the Revised Code.	39842

(2) "Hotel" means a hotel described in section 3731.01 of the	39843
Revised Code that has at least fifty rooms for registered	39844
transient guests and that is required to be licensed pursuant to	39845
section 3731.03 of the Revised Code.	39846

(B) An F-3 permit may be issued to an organization whose	39847
primary purpose is to support, promote, and educate members of the	39848
beer, wine, or mixed beverage industries, to allow the	39849
organization to bring beer, wine, or mixed beverages in their	39850
original packages or containers into a convention facility or	39851
hotel for consumption in the facility or hotel, if all of the	39852
following requirements are met:	39853

(1) The superintendent of liquor control is satisfied that	39854
the organization is a nonprofit organization and that the	39855
organization's membership is in excess of two hundred fifty	39856
persons.	39857

(2) The general manager or the equivalent officer of the	39858
convention facility or hotel provides a written consent for the	39859
use of a portion of the facility or hotel by the organization and	39860
a written statement that the facility's or hotel's permit	39861
privileges will be suspended in the portion of the facility or	39862
hotel in which the F-3 permit is in force.	39863

(3) The organization provides a written description that	39864
clearly sets forth the portion of the convention facility or hotel	39865
in which the F-3 permit will be used.	39866

(4) The organization provides a written statement as to its	39867
primary purpose and the purpose of its event at the convention	39868
facility or hotel.	39869

(5) Division (C) of this section does not apply.

39870

(C) No F-3 permit shall be issued to any nonprofit	39871
organization that is created by or for a specific manufacturer,	39872
supplier, distributor, or retailer of beer, wine, or mixed	39873
beverages.	39874

(D) Notwithstanding division (E) of section 4301.22 of the	39875
Revised Code, a holder of an F-3 permit may obtain by donation	39876
beer, wine, or mixed beverages from any manufacturer or producer	39877
of beer, wine, or mixed beverages.	39878

(E) Nothing in this chapter prohibits the holder of an F-3	39879
permit from bringing into the portion of the convention facility	39880
or hotel covered by the permit beer, wine, or mixed beverages	39881
otherwise not approved for sale in this state.	39882

(F) Notwithstanding division (E) of section 4301.22 of the	39883
Revised Code, no holder of an F-3 permit shall make any charge for	39884
any beer, wine, or mixed beverage served by the drink, or in its	39885
original package or container, in connection with the use of the	39886
portion of the convention facility or hotel covered by the permit.	39887

(G) The division of liquor control shall prepare and make	39888
available an F-3 permit application form and may require	39889
applicants for the permit to provide information, in addition to	39890
that required by this section, that is necessary for the	39891
administration of this section.	39892

(H) An F-3 permit shall be effective for a period not to	39893
exceed five consecutive days. The division of liquor control shall	39894
not issue more than three F-3 permits per calendar year to the	39895
same nonprofit organization. The fee for an F-3 permit is ~~one~~	39896
three hundred ~~fifty~~ dollars.	39897

Sec. 4303.204. (A) The division of liquor control may issue	39898
an F-4 permit to an association or corporation organized	39899
not-for-profit in this state to conduct an event that includes the	39900
introduction, showcasing, or promotion of Ohio wines, if the event	39901
has all of the following characteristics:	39902

(1) It is coordinated by that association or corporation, and	39903
the association or corporation is responsible for the activities	39904
at it.	39905

(2) It has as one of its purposes the intent to introduce,	39906
showcase, or promote Ohio wines to persons who attend it.	39907

(3) It includes the sale of food for consumption on the	39908
premises where sold.	39909

(4) It features at least three A-2 permit holders who sell	39910
Ohio wine at it.	39911

(B) The holder of an F-4 permit may furnish, without charge,	39912
wine that it has obtained from the A-2 permit holders that are	39913
participating in the event for which the F-4 permit is issued, in	39914
two-ounce samples for consumption on the premises where furnished	39915
and may sell such wine by the glass for consumption on the	39916
premises where sold. The holder of an A-2 permit that is	39917
participating in the event for which the F-4 permit is issued may	39918
sell wine that it has manufactured, in sealed containers for	39919
consumption off the premises where sold. Wine may be furnished or	39920
sold on the premises of the event for which the F-4 permit is	39921
issued only where and when the sale of wine is otherwise permitted	39922
by law.	39923

(C) The premises of the event for which the F-4 permit is	39924
issued shall be clearly defined and sufficiently restricted to	39925
allow proper enforcement of the permit by state and local law	39926
enforcement officers. If an F-4 permit is issued for all or a	39927
portion of the same premises for which another class of permit is	39928
issued, that permit holder's privileges will be suspended in that	39929
portion of the premises in which the F-4 permit is in effect.	39930

(D) No F-4 permit shall be effective for more than	39931
seventy-two consecutive hours. No sales or furnishing of wine	39932
shall take place under an F-4 permit after one a.m.	39933

(E) The division shall not issue more than six F-4 permits to	39934
the same not-for-profit association or corporation in any one	39935
calendar year.	39936

(F) An applicant for an F-4 permit shall apply for the permit	39937
not later than thirty days prior to the first day of the event for	39938
which the permit is sought. The application for the permit shall	39939
list all of the A-2 permit holders that will participate in the	39940
event for which the F-4 permit is sought. The fee for the F-4	39941
permit is ~~thirty~~sixty dollars per day.	39942

The division shall prepare and make available an F-4 permit	39943
application form and may require applicants for and holders of the	39944
F-4 permit to provide information that is in addition to that	39945
required by this section and that is necessary for the	39946
administration of this section.	39947

(G)(1) The holder of an F-4 permit is responsible for, and is	39948
subject to penalties for, any violations of this chapter or	39949
Chapter 4301. of the Revised Code or the rules adopted under this	39950
and that chapter.	39951

(2) An F-4 permit holder shall not allow an A-2 permit holder	39952
to participate in the event for which the F-4 permit is issued if	39953
the A-2 or A-1-A permit of that A-2 permit holder is under	39954
suspension.	39955

(3) The division may refuse to issue an F-4 permit to an	39956
applicant who has violated any provision of this chapter or	39957
Chapter 4301. of the Revised Code during the applicant's previous	39958
operation under an F-4 permit, for a period of up to two years	39959
after the date of the violation.	39960

(H)(1) Notwithstanding division (E) of section 4301.22 of the	39961
Revised Code, an A-2 permit holder that participates in an event	39962
for which an F-4 permit is issued may donate wine that it has	39963
manufactured to the holder of that F-4 permit. The holder of an	39964
F-4 permit may return unused and sealed containers of wine to the	39965
A-2 permit holder that donated the wine at the conclusion of the	39966
event for which the F-4 permit was issued.	39967

(2) The participation by an A-2 permit holder or its	39968
employees in an event for which an F-4 permit is issued does not	39969
violate section 4301.24 of the Revised Code.	39970

Sec. 4303.21. Permit G may be issued to the owner of a	39971
pharmacy in charge of a licensed pharmacist to be named in ~~such~~	39972
the permit for the sale at retail of alcohol for medicinal	39973
purposes in quantities at each sale of not more than one gallon	39974
upon the written prescription of a physician or dentist who is	39975
lawfully and regularly engaged in the practice of the physician's	39976
or dentist's profession in this state, and for the sale of	39977
industrial alcohol for mechanical, chemical, or scientific	39978
purposes to a person known by the seller to be engaged in ~~such~~	39979
mechanical, chemical, or scientific pursuits; all subject to	39980
section 4303.34 of the Revised Code. The fee for this permit if	39981
~~fifty~~is one hundred dollars.	39982

Sec. 4303.22. Permit H may be issued for a fee of ~~one~~three	39983
hundred ~~fifty~~ dollars to a carrier by motor vehicle who also holds	39984
a license issued by the public utilities commission to transport	39985
beer, intoxicating liquor, and alcohol, or any of them, in this	39986
state for delivery or use in this state. This section does not	39987
prevent the division of liquor control from contracting with	39988
common or contract carriers for the delivery or transportation of	39989
liquor for the division, and any contract or common carrier so	39990
contracting with the division is eligible for an H permit.	39991
Manufacturers or wholesale distributors of beer or intoxicating	39992
liquor other than spirituous liquor who transport or deliver their	39993
own products to or from their premises licensed under this chapter	39994
and Chapter 4301. of the Revised Code by their own trucks as an	39995
incident to the purchase or sale of such beverages need not obtain	39996
an H permit. Carriers by rail shall receive an H permit upon	39997
application for it.	39998

This section does not prevent the division from issuing, upon	39999
the payment of the permit fee, an H permit to any person,	40000
partnership, firm, or corporation licensed by any other state to	40001
engage in the business of manufacturing and brewing or producing	40002
beer, wine, and mixed beverages or any person, partnership, firm,	40003
or corporation licensed by the United States or any other state to	40004
engage in the business of importing beer, wine, and mixed	40005
beverages manufactured outside the United States. The	40006
manufacturer, brewer, or importer of products manufactured outside	40007
the United States, upon the issuance of an H permit, may	40008
transport, ship, and deliver only its own products to holders of	40009
B-1 or B-5 permits in Ohio in motor trucks and equipment owned and	40010
operated by such class H permit holder. No H permit shall be	40011
issued by the division to such applicant until the applicant files	40012
with the division a liability insurance certificate or policy	40013
satisfactory to the division, in a sum of not less than one	40014
thousand nor more than five thousand dollars for property damage	40015
and for not less than five thousand nor more than fifty thousand	40016
dollars for loss sustained by reason of injury or death and with	40017
such other terms as the division considers necessary to adequately	40018
protect the interest of the public, having due regard for the	40019
number of persons and amount of property affected. The certificate	40020
or policy shall insure the manufacturer, brewer, or importer of	40021
products manufactured outside the United States against loss	40022
sustained by reason of the death of or injury to persons, and for	40023
loss of or damage to property, from the negligence of such class H	40024
permit holder in the operation of its motor vehicles or equipment	40025
in this state.	40026

Sec. 4303.23. Permit I may be issued to wholesale druggists	40027
to purchase alcohol from the holders of A-3 permits and to import	40028
alcohol into ~~Ohio~~this state subject to ~~such~~ terms ~~as are~~ imposed	40029
by the division of liquor control; to sell at wholesale to	40030
physicians, dentists, druggists, veterinary surgeons,	40031
manufacturers, hospitals, infirmaries, and medical or educational	40032
institutions using such alcohol for medicinal, mechanical,	40033
chemical, or scientific purposes, and to holders of G permits for	40034
nonbeverage purposes only; and to sell alcohol at retail in total	40035
quantities at each sale of not more than one quart, upon the	40036
written prescription of a physician or dentist who is lawfully and	40037
regularly engaged in the practice of ~~his~~the physician's or	40038
dentist's profession in this state. The sale of alcohol under this	40039
section is subject to section 4303.34 of the Revised Code. The fee	40040
for this permit is ~~one~~two hundred dollars.	40041

"Wholesale druggists," as used in this, section includes all	40042
persons holding federal wholesale liquor dealers' licenses and who	40043
are engaged in the sale of medicinal drugs, proprietary medicines,	40044
and surgical and medical appliances and apparatus, at wholesale.	40045

Sec. 4303.231. Permit W may be issued to a manufacturer or	40046
supplier of beer or intoxicating liquor to operate a warehouse for	40047
the storage of beer or intoxicating liquor within this state and	40048
to sell ~~such~~those products from the warehouse only to holders of	40049
B permits in this state and to other customers outside this state	40050
under rules promulgated by the liquor control commission. Each	40051
holder of a B permit with a consent to import on file with the	40052
division of liquor control may purchase beer or intoxicating	40053
liquor if designated by the permit to make ~~such~~those purchases,	40054
from the holder of a W permit. The fee for a W permit is one	40055
thousand ~~two~~five hundred ~~fifty~~sixty-three dollars for each	40056
warehouse during the year covered by the permit.	40057

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	40058
referred to in division (C)(1) of section 4503.10, division (D) of	40059
section 4503.182, and sections 4505.11, 4505.111, 4506.08,	40060
4506.09, 4507.23, 4508.05, 4923.12, and 5502.12 of the Revised	40061
Code, unless otherwise designated by law, shall be deposited in	40062
the state treasury to the credit of the state highway safety fund,	40063
which is hereby created, and shall, after receipt of	40064
certifications from the commissioners of the sinking fund	40065
certifying, as required by sections 5528.15 and 5528.35 of the	40066
Revised Code, that there are sufficient moneys to the credit of	40067
the highway improvement bond retirement fund created by section	40068
5528.12 of the Revised Code to meet in full all payments of	40069
interest, principal, and charges for the retirement of bonds and	40070
other obligations issued pursuant to Section 2g of Article VIII,	40071
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	40072
Code due and payable during the current calendar year, and that	40073
there are sufficient moneys to the credit of the highway	40074
obligations bond retirement fund created by section 5528.32 of the	40075
Revised Code to meet in full all payments of interest, principal,	40076
and charges for the retirement of highway obligations issued	40077
pursuant to Section 2i of Article VIII, Ohio Constitution, and	40078
sections 5528.30 and 5528.31 of the Revised Code due and payable	40079
during the current calendar year, be used for the purpose of	40080
enforcing and paying the expenses of administering the law	40081
relative to the registration and operation of motor vehicles on	40082
the public roads or highways. Amounts credited to the fund may	40083
also be used to pay the expenses of administering and enforcing	40084
the laws under which such fees were collected. All investment	40085
earnings of the state highway safety fund shall be credited to the	40086
fund.	40087

Sec. 4503.101. (A) The registrar of motor vehicles shall	40088
adopt rules to establish a system of motor vehicle registration	40089
based upon the type of vehicle to be registered, the type of	40090
ownership of the vehicle, the class of license plate to be issued,	40091
and any other factor the registrar determines to be relevant.	40092
Except for commercial cars, buses, trailers, and semitrailers	40093
taxed under section 4503.042 of the Revised Code; except for	40094
rental vehicles owned by motor vehicle renting dealers; and except	40095
as otherwise provided by rule, motor vehicles owned by an	40096
individual shall be registered based upon the motor vehicle	40097
owner's date of birth. Beginning with the 2004 registration year,	40098
the registrar shall assign motor vehicles to the registration	40099
periods established by rules adopted under this section.	40100

(B) The registrar shall adopt rules to permit motor vehicle	40101
owners residing together at one address to select the date of	40102
birth of any one of the owners as the date to register any or all	40103
of the vehicles at that residence address, as shown in the records	40104
of the bureau of motor vehicles.	40105

(C) The registrar shall adopt rules to assign and reassign	40106
all commercial cars, ~~buses,~~ trailers, and semitrailers taxed under	40107
section 4503.042 of the Revised Code and all rental vehicles owned	40108
by motor vehicle renting dealers to a system of registration so	40109
that the registrations of approximately one-twelfth of all such	40110
vehicles expire on the last day of each month of a calendar year.	40111
To effect a reassignment from the registration period in effect on	40112
~~the effective date of this amendment~~June 30, 2003, to the new	40113
registration periods established by the rules adopted under this	40114
section as amended, the rules may require the motor vehicle to be	40115
registered for more or less than a twelve-month period at the time	40116
the motor vehicle's registration is subject to its initial renewal	40117
following the effective date of such rules. If necessary to effect	40118
an efficient transition, the rules may provide that the	40119
registration reassignments take place over two consecutive	40120
registration periods. The registration taxes to be charged shall	40121
be determined by the registrar on the basis of the annual tax	40122
otherwise due on the motor vehicle, prorated in accordance with	40123
the number of months for which the motor vehicle is registered,	40124
except that the fee established by division (C)(1) of section	40125
4503.10 of the Revised Code shall be collected in full for each	40126
renewal that occurs during the transition period and shall not be	40127
prorated.	40128

(D) The registrar shall adopt rules to permit any commercial	40129
motor vehicle owner or motor vehicle renting dealer who owns two	40130
or more motor vehicles to request the registrar to permit the	40131
owner to separate the owner's fleet into up to four divisions for	40132
assignment to separate dates upon which to register the vehicles,	40133
provided that the registrar may disapprove any such request	40134
whenever the registrar has reason to believe that an uneven	40135
distribution of registrations throughout the calendar year has	40136
developed or is likely to develop.	40137

(E) Every owner or lessee of a motor vehicle holding a	40138
certificate of registration shall notify the registrar of any	40139
change of the owner's or lessee's correct address within ten days	40140
after the change occurs. The notification shall be in writing on a	40141
form provided by the registrar or by electronic means approved by	40142
the registrar and shall include the full name, date of birth if	40143
applicable, license number, county of residence or place of	40144
business, social security account number of an individual or	40145
federal tax identification number of a business, and new address.	40146

(F) As used in this section, "motor vehicle renting dealer"	40147
has the same meaning as in section 4549.65 of the Revised Code.	40148

Sec. 4503.103. (A)(1)(a) The registrar of motor vehicles may	40149
adopt rules to permit any person or lessee, other than a person	40150
receiving an apportioned license plate under the international	40151
registration plan, who owns or leases one or more motor vehicles	40152
to file a written application for registration for no more than	40153
five succeeding registration years. The rules adopted by the	40154
registrar may designate the classes of motor vehicles that are	40155
eligible for such registration. At the time of application, all	40156
annual taxes and fees shall be paid for each year for which the	40157
person is registering.	40158

(b) ~~The~~(i) Except as provided in division (A)(1)(b)(ii) of	40159
this section, the registrar shall adopt rules to permit any	40160
person~~, other than a person receiving an apportioned license plate~~	40161
~~under the international registration plan and other than the owner~~	40162
~~of a commercial car used solely in intrastate commerce,~~ who owns a	40163
motor vehicle to file an application for registration for the next	40164
two succeeding registration years. At the time of application, the	40165
person shall pay the annual taxes and fees for each registration	40166
year, calculated in accordance with division (C) of section	40167
4503.11 of the Revised Code. A person who is registering a vehicle	40168
under division (A)(1)(b) of this section shall pay for each year	40169
of registration the additional fee established under division	40170
(C)(1) of section 4503.10 of the Revised Code. The person shall	40171
also pay one and one-half times the amount of the deputy registrar	40172
service fee specified in division (D) of section 4503.10 of the	40173
Revised Code or the bureau of motor vehicles service fee specified	40174
in division (G) of that section, as applicable.	40175

(ii) Division (A)(1)(b)(i) of this section does not apply to	40176
a person receiving an apportioned license plate under the	40177
international registration plan, or the owner of a commercial car	40178
used solely in intrastate commerce, or the owner of a bus as	40179
defined in section 4513.50 of the Revised Code.	40180

(2) No person applying for a multi-year registration under	40181
division (A)(1) of this section is entitled to a refund of any	40182
taxes or fees paid.	40183

(3) The registrar shall not issue to any applicant who has	40184
been issued a final, nonappealable order under division (B) of	40185
this section a multi-year registration or renewal thereof under	40186
this division or rules adopted under it for any motor vehicle that	40187
is required to be inspected under section 3704.14 of the Revised	40188
Code the district of registration of which, as determined under	40189
section 4503.10 of the Revised Code, is or is located in the	40190
county named in the order.	40191

(B) Upon receipt from the director of environmental	40192
protection of a notice issued under division (J) of section	40193
3704.14 of the Revised Code indicating that an owner of a motor	40194
vehicle that is required to be inspected under that section who	40195
obtained a multi-year registration for the vehicle under division	40196
(A) of this section or rules adopted under that division has not	40197
obtained an inspection certificate for the vehicle in accordance	40198
with that section in a year intervening between the years of	40199
issuance and expiration of the multi-year registration in which	40200
the owner is required to have the vehicle inspected and obtain an	40201
inspection certificate for it under division (F)(1)(a) of that	40202
section, the registrar in accordance with Chapter 119. of the	40203
Revised Code shall issue an order to the owner impounding the	40204
certificate of registration and identification license plates for	40205
the vehicle. The order also shall prohibit the owner from	40206
obtaining or renewing a multi-year registration for any vehicle	40207
that is required to be inspected under that section, the district	40208
of registration of which is or is located in the same county as	40209
the county named in the order during the number of years after	40210
expiration of the current multi-year registration that equals the	40211
number of years for which the current multi-year registration was	40212
issued.	40213

An order issued under this division shall require the owner	40214
to surrender to the registrar the certificate of registration and	40215
license plates for the vehicle named in the order within five days	40216
after its issuance. If the owner fails to do so within that time,	40217
the registrar shall certify that fact to the county sheriff or	40218
local police officials who shall recover the certificate of	40219
registration and license plates for the vehicle.	40220

(C) Upon the occurrence of either of the following	40221
circumstances, the registrar in accordance with Chapter 119. of	40222
the Revised Code shall issue to the owner a modified order	40223
rescinding the provisions of the order issued under division (B)	40224
of this section impounding the certificate of registration and	40225
license plates for the vehicle named in that original order:	40226

(1) Receipt from the director of environmental protection of	40227
a subsequent notice under division (J) of section 3704.14 of the	40228
Revised Code that the owner has obtained the inspection	40229
certificate for the vehicle as required under division (F)(1)(a)	40230
of that section;	40231

(2) Presentation to the registrar by the owner of the	40232
required inspection certificate for the vehicle.	40233

(D) The owner of a motor vehicle for which the certificate of	40234
registration and license plates have been impounded pursuant to an	40235
order issued under division (B) of this section, upon issuance of	40236
a modified order under division (C) of this section, may apply to	40237
the registrar for their return. A fee of two dollars and fifty	40238
cents shall be charged for the return of the certificate of	40239
registration and license plates for each vehicle named in the	40240
application.	40241

Sec. 4505.06. (A)(1) Application for a certificate of title	40242
shall be made in a form prescribed by the registrar of motor	40243
vehicles and shall be sworn to before a notary public or other	40244
officer empowered to administer oaths. The application shall be	40245
filed with the clerk of any court of common pleas. An application	40246
for a certificate of title may be filed electronically by any	40247
electronic means approved by the registrar in any county with the	40248
clerk of the court of common pleas of that county. Any payments	40249
required by this chapter shall be considered as accompanying any	40250
electronically transmitted application when payment actually is	40251
received by the clerk. Payment of any fee or taxes may be made by	40252
electronic transfer of funds.	40253

(2) The application for a certificate of title shall be	40254
accompanied by the fee prescribed in section 4505.09 of the	40255
Revised Code. The fee shall be retained by the clerk who issues	40256
the certificate of title and shall be distributed in accordance	40257
with that section. If a clerk of a court of common pleas, other	40258
than the clerk of the court of common pleas of an applicant's	40259
county of residence, issues a certificate of title to the	40260
applicant, the clerk shall transmit data related to the	40261
transaction to the automated title processing system.	40262

(3) If a certificate of title previously has been issued for	40263
a motor vehicle in this state, the application for a certificate	40264
of title also shall be accompanied by that certificate of title	40265
duly assigned, unless otherwise provided in this chapter. If a	40266
certificate of title previously has not been issued for the motor	40267
vehicle in this state, the application, unless otherwise provided	40268
in this chapter, shall be accompanied by a manufacturer's or	40269
importer's certificate or by a certificate of title of another	40270
state from which the motor vehicle was brought into this state. If	40271
the application refers to a motor vehicle last previously	40272
registered in another state, the application also shall be	40273
accompanied by the physical inspection certificate required by	40274
section 4505.061 of the Revised Code. If the application is made	40275
by two persons regarding a motor vehicle in which they wish to	40276
establish joint ownership with right of survivorship, they may do	40277
so as provided in section 2131.12 of the Revised Code. If the	40278
applicant requests a designation of the motor vehicle in	40279
beneficiary form so that upon the death of the owner of the motor	40280
vehicle, ownership of the motor vehicle will pass to a designated	40281
transfer-on-death beneficiary or beneficiaries, the applicant may	40282
do so as provided in section 2131.13 of the Revised Code. A person	40283
who establishes ownership of a motor vehicle that is transferable	40284
on death in accordance with section 2131.13 of the Revised Code	40285
may terminate that type of ownership or change the designation of	40286
the transfer-on-death beneficiary or beneficiaries by applying for	40287
a certificate of title pursuant to this section. The clerk shall	40288
retain the evidence of title presented by the applicant and on	40289
which the certificate of title is issued, except that, if an	40290
application for a certificate of title is filed electronically by	40291
an electronic motor vehicle dealer on behalf of the purchaser of a	40292
motor vehicle, the clerk shall retain the completed electronic	40293
record to which the dealer converted the certificate of title	40294
application and other required documents. The electronic motor	40295
vehicle dealer shall ~~forward~~retain the ~~actual~~original title	40296
application ~~and all other~~ documents ~~relating to the sale of the~~	40297
~~motor vehicle to any clerk within thirty days after the~~	40298
~~certificate of title is issued. The registrar, after consultation~~	40299
~~with the attorney general, shall adopt rules that govern the~~	40300
~~location at which, and the manner in which, are stored the actual~~	40301
~~application and all other documents relating to the sale of a~~	40302
~~motor vehicle when an electronic motor vehicle dealer files the~~	40303
~~application for a certificate of title electronically on behalf of~~	40304
~~the purchaser~~for a period of time determined by the registrar and	40305
shall make all of the documents available for inspection by the	40306
registrar upon the registrar's request.	40307

The clerk shall use reasonable diligence in ascertaining	40308
whether or not the facts in the application for a certificate of	40309
title are true by checking the application and documents	40310
accompanying it or the electronic record to which a dealer	40311
converted the application and accompanying documents with the	40312
records of motor vehicles in the clerk's office. If the clerk is	40313
satisfied that the applicant is the owner of the motor vehicle and	40314
that the application is in the proper form, the clerk, within five	40315
business days after the application is filed, shall issue a	40316
physical certificate of title over the clerk's signature and	40317
sealed with the clerk's seal unless the applicant specifically	40318
requests the clerk not to issue a physical certificate of title	40319
and instead to issue an electronic certificate of title. For	40320
purposes of the transfer of a certificate of title, if the clerk	40321
is satisfied that the secured party has duly discharged a lien	40322
notation but has not canceled the lien notation with a clerk, the	40323
clerk may cancel the lien notation on the automated title	40324
processing system and notify the clerk of the county of origin.	40325

(4) In the case of the sale of a motor vehicle to a general	40326
buyer or user by a dealer, by a motor vehicle leasing dealer	40327
selling the motor vehicle to the lessee or, in a case in which the	40328
leasing dealer subleased the motor vehicle, the sublessee, at the	40329
end of the lease agreement or sublease agreement, or by a	40330
manufactured home broker, the certificate of title shall be	40331
obtained in the name of the buyer by the dealer, leasing dealer,	40332
or manufactured home broker, as the case may be, upon application	40333
signed by the buyer. The certificate of title shall be issued, or	40334
the process of entering the certificate of title application	40335
information into the automated title processing system if a	40336
physical certificate of title is not to be issued shall be	40337
completed, within five business days after the application for	40338
title is filed with the clerk. If the buyer of the motor vehicle	40339
previously leased the motor vehicle and is buying the motor	40340
vehicle at the end of the lease pursuant to that lease, the	40341
certificate of title shall be obtained in the name of the buyer by	40342
the motor vehicle leasing dealer who previously leased the motor	40343
vehicle to the buyer or by the motor vehicle leasing dealer who	40344
subleased the motor vehicle to the buyer under a sublease	40345
agreement.	40346

In all other cases, except as provided in section 4505.032	40347
and division (D)(2) of section 4505.11 of the Revised Code, such	40348
certificates shall be obtained by the buyer.	40349

(5)(a)(i) If the certificate of title is being obtained in	40350
the name of the buyer by a motor vehicle dealer or motor vehicle	40351
leasing dealer and there is a security interest to be noted on the	40352
certificate of title, the dealer or leasing dealer shall submit	40353
the application for the certificate of title and payment of the	40354
applicable tax to a clerk within seven business days after the	40355
later of the delivery of the motor vehicle to the buyer or the	40356
date the dealer or leasing dealer obtains the manufacturer's or	40357
importer's certificate, or certificate of title issued in the name	40358
of the dealer or leasing dealer, for the motor vehicle. Submission	40359
of the application for the certificate of title and payment of the	40360
applicable tax within the required seven business days may be	40361
indicated by postmark or receipt by a clerk within that period.	40362

(ii) Upon receipt of the certificate of title with the	40363
security interest noted on its face, the dealer or leasing dealer	40364
shall forward the certificate of title to the secured party at the	40365
location noted in the financing documents or otherwise specified	40366
by the secured party.	40367

(iii) A motor vehicle dealer or motor vehicle leasing dealer	40368
is liable to a secured party for a late fee of ten dollars per day	40369
for each certificate of title application and payment of the	40370
applicable tax that is submitted to a clerk more than seven	40371
business days but less than twenty-one days after the later of the	40372
delivery of the motor vehicle to the buyer or the date the dealer	40373
or leasing dealer obtains the manufacturer's or importer's	40374
certificate, or certificate of title issued in the name of the	40375
dealer or leasing dealer, for the motor vehicle and, from then on,	40376
twenty-five dollars per day until the application and applicable	40377
tax are submitted to a clerk.	40378

(b) In all cases of transfer of a motor vehicle, the	40379
application for certificate of title shall be filed within thirty	40380
days after the assignment or delivery of the motor vehicle. If an	40381
application for a certificate of title is not filed within the	40382
period specified in division (A)(5)(b) of this section, the clerk	40383
shall collect a fee of five dollars for the issuance of the	40384
certificate, except that no such fee shall be required from a	40385
motor vehicle salvage dealer, as defined in division (A) of	40386
section 4738.01 of the Revised Code, who immediately surrenders	40387
the certificate of title for cancellation. The fee shall be in	40388
addition to all other fees established by this chapter, and shall	40389
be retained by the clerk. The registrar shall provide, on the	40390
certificate of title form prescribed by section 4505.07 of the	40391
Revised Code, language necessary to give evidence of the date on	40392
which the assignment or delivery of the motor vehicle was made.	40393

(6) As used in division (A) of this section, "lease	40394
agreement," "lessee," and "sublease agreement" have the same	40395
meanings as in section 4505.04 of the Revised Code.	40396

(B) The clerk, except as provided in this section, shall	40397
refuse to accept for filing any application for a certificate of	40398
title and shall refuse to issue a certificate of title unless the	40399
dealer or manufactured home broker or the applicant, in cases in	40400
which the certificate shall be obtained by the buyer, submits with	40401
the application payment of the tax levied by or pursuant to	40402
Chapters 5739. and 5741. of the Revised Code based on the	40403
purchaser's county of residence. Upon payment of the tax in	40404
accordance with division (E) of this section, the clerk shall	40405
issue a receipt prescribed by the registrar and agreed upon by the	40406
tax commissioner showing payment of the tax or a receipt issued by	40407
the commissioner showing the payment of the tax. When submitting	40408
payment of the tax to the clerk, a dealer shall retain any	40409
discount to which the dealer is entitled under section 5739.12 of	40410
the Revised Code.	40411

For receiving and disbursing such taxes paid to the clerk by	40412
a resident of the clerk's county, the clerk may retain a poundage	40413
fee of one and one one-hundredth per cent, and the clerk shall pay	40414
the poundage fee into the certificate of title administration fund	40415
created by section 325.33 of the Revised Code. The clerk shall not	40416
retain a poundage fee from payments of taxes by persons who do not	40417
reside in the clerk's county.	40418

A clerk, however, may retain from the taxes paid to the clerk	40419
an amount equal to the poundage fees associated with certificates	40420
of title issued by other clerks of courts of common pleas to	40421
applicants who reside in the first clerk's county. The registrar,	40422
in consultation with the tax commissioner and the clerks of the	40423
courts of common pleas, shall develop a report from the automated	40424
title processing system that informs each clerk of the amount of	40425
the poundage fees that the clerk is permitted to retain from those	40426
taxes because of certificates of title issued by the clerks of	40427
other counties to applicants who reside in the first clerk's	40428
county.	40429

In the case of casual sales of motor vehicles, as defined in	40430
section 4517.01 of the Revised Code, the price for the purpose of	40431
determining the tax shall be the purchase price on the assigned	40432
certificate of title executed by the seller and filed with the	40433
clerk by the buyer on a form to be prescribed by the registrar,	40434
which shall be prima-facie evidence of the amount for the	40435
determination of the tax.	40436

(C)(1) If the transferor indicates on the certificate of	40437
title that the odometer reflects mileage in excess of the designed	40438
mechanical limit of the odometer, the clerk shall enter the phrase	40439
"exceeds mechanical limits" following the mileage designation. If	40440
the transferor indicates on the certificate of title that the	40441
odometer reading is not the actual mileage, the clerk shall enter	40442
the phrase "nonactual: warning - odometer discrepancy" following	40443
the mileage designation. The clerk shall use reasonable care in	40444
transferring the information supplied by the transferor, but is	40445
not liable for any errors or omissions of the clerk or those of	40446
the clerk's deputies in the performance of the clerk's duties	40447
created by this chapter.	40448

The registrar shall prescribe an affidavit in which the	40449
transferor shall swear to the true selling price and, except as	40450
provided in this division, the true odometer reading of the motor	40451
vehicle. The registrar may prescribe an affidavit in which the	40452
seller and buyer provide information pertaining to the odometer	40453
reading of the motor vehicle in addition to that required by this	40454
section, as such information may be required by the United States	40455
secretary of transportation by rule prescribed under authority of	40456
subchapter IV of the "Motor Vehicle Information and Cost Savings	40457
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	40458

(2) Division (C)(1) of this section does not require the	40459
giving of information concerning the odometer and odometer reading	40460
of a motor vehicle when ownership of a motor vehicle is being	40461
transferred as a result of a bequest, under the laws of intestate	40462
succession, to a survivor pursuant to section 2106.18, 2131.12, or	40463
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	40464
beneficiaries pursuant to section 2131.13 of the ~~Reviseed~~Revised	40465
Code, or in connection with the creation of a security interest.	40466

(D) When the transfer to the applicant was made in some other	40467
state or in interstate commerce, the clerk, except as provided in	40468
this section, shall refuse to issue any certificate of title	40469
unless the tax imposed by or pursuant to Chapter 5741. of the	40470
Revised Code based on the purchaser's county of residence has been	40471
paid as evidenced by a receipt issued by the tax commissioner, or	40472
unless the applicant submits with the application payment of the	40473
tax. Upon payment of the tax in accordance with division (E) of	40474
this section, the clerk shall issue a receipt prescribed by the	40475
registrar and agreed upon by the tax commissioner, showing payment	40476
of the tax.	40477

For receiving and disbursing such taxes paid to the clerk by	40478
a resident of the clerk's county, the clerk may retain a poundage	40479
fee of one and one one-hundredth per cent. The clerk shall not	40480
retain a poundage fee from payments of taxes by persons who do not	40481
reside in the clerk's county.	40482

A clerk, however, may retain from the taxes paid to the clerk	40483
an amount equal to the poundage fees associated with certificates	40484
of title issued by other clerks of courts of common pleas to	40485
applicants who reside in the first clerk's county. The registrar,	40486
in consultation with the tax commissioner and the clerks of the	40487
courts of common pleas, shall develop a report from the automated	40488
title processing system that informs each clerk of the amount of	40489
the poundage fees that the clerk is permitted to retain from those	40490
taxes because of certificates of title issued by the clerks of	40491
other counties to applicants who reside in the first clerk's	40492
county.	40493

When the vendor is not regularly engaged in the business of	40494
selling motor vehicles, the vendor shall not be required to	40495
purchase a vendor's license or make reports concerning those	40496
sales.	40497

(E) The clerk shall accept any payment of a tax in cash, or	40498
by cashier's check, certified check, draft, money order, or teller	40499
check issued by any insured financial institution payable to the	40500
clerk and submitted with an application for a certificate of title	40501
under division (B) or (D) of this section. The clerk also may	40502
accept payment of the tax by corporate, business, or personal	40503
check, credit card, electronic transfer or wire transfer, debit	40504
card, or any other accepted form of payment made payable to the	40505
clerk. The clerk may require bonds, guarantees, or letters of	40506
credit to ensure the collection of corporate, business, or	40507
personal checks. Any service fee charged by a third party to a	40508
clerk for the use of any form of payment may be paid by the clerk	40509
from the certificate of title administration fund created in	40510
section 325.33 of the Revised Code, or may be assessed by the	40511
clerk upon the applicant as an additional fee. Upon collection,	40512
the additional fees shall be paid by the clerk into that	40513
certificate of title administration fund.	40514

The clerk shall make a good faith effort to collect any	40515
payment of taxes due but not made because the payment was returned	40516
or dishonored, but the clerk is not personally liable for the	40517
payment of uncollected taxes or uncollected fees. The clerk shall	40518
notify the tax commissioner of any such payment of taxes that is	40519
due but not made and shall furnish the information to the	40520
commissioner that the commissioner requires. The clerk shall	40521
deduct the amount of taxes due but not paid from the clerk's	40522
periodic remittance of tax payments, in accordance with procedures	40523
agreed upon by the tax commissioner. The commissioner may collect	40524
taxes due by assessment in the manner provided in section 5739.13	40525
of the Revised Code.	40526

Any person who presents payment that is returned or	40527
dishonored for any reason is liable to the clerk for payment of a	40528
penalty over and above the amount of the taxes due. The clerk	40529
shall determine the amount of the penalty, and the penalty shall	40530
be no greater than that amount necessary to compensate the clerk	40531
for banking charges, legal fees, or other expenses incurred by the	40532
clerk in collecting the returned or dishonored payment. The	40533
remedies and procedures provided in this section are in addition	40534
to any other available civil or criminal remedies. Subsequently	40535
collected penalties, poundage fees, and title fees, less any title	40536
fee due the state, from returned or dishonored payments collected	40537
by the clerk shall be paid into the certificate of title	40538
administration fund. Subsequently collected taxes, less poundage	40539
fees, shall be sent by the clerk to the treasurer of state at the	40540
next scheduled periodic remittance of tax payments, with	40541
information as the commissioner may require. The clerk may abate	40542
all or any part of any penalty assessed under this division.	40543

(F) In the following cases, the clerk shall accept for filing	40544
an application and shall issue a certificate of title without	40545
requiring payment or evidence of payment of the tax:	40546

(1) When the purchaser is this state or any of its political	40547
subdivisions, a church, or an organization whose purchases are	40548
exempted by section 5739.02 of the Revised Code;	40549

(2) When the transaction in this state is not a retail sale	40550
as defined by section 5739.01 of the Revised Code;	40551

(3) When the purchase is outside this state or in interstate	40552
commerce and the purpose of the purchaser is not to use, store, or	40553
consume within the meaning of section 5741.01 of the Revised Code;	40554

(4) When the purchaser is the federal government;

40555

(5) When the motor vehicle was purchased outside this state	40556
for use outside this state;	40557

(6) When the motor vehicle is purchased by a nonresident of	40558
this state for immediate removal from this state, and will be	40559
permanently titled and registered in another state, as provided by	40560
division (B)(23) of section 5739.02 of the Revised Code, and upon	40561
presentation of a copy of the affidavit provided by that section,	40562
and a copy of the exemption certificate provided by section	40563
5739.03 of the Revised Code.	40564

The clerk shall forward all payments of taxes, less poundage	40565
fees, to the treasurer of state in a manner to be prescribed by	40566
the tax commissioner and shall furnish information to the	40567
commissioner as the commissioner requires.	40568

(G) An application, as prescribed by the registrar and agreed	40569
to by the tax commissioner, shall be filled out and sworn to by	40570
the buyer of a motor vehicle in a casual sale. The application	40571
shall contain the following notice in bold lettering: "WARNING TO	40572
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	40573
law to state the true selling price. A false statement is in	40574
violation of section 2921.13 of the Revised Code and is punishable	40575
by six months' imprisonment or a fine of up to one thousand	40576
dollars, or both. All transfers are audited by the department of	40577
taxation. The seller and buyer must provide any information	40578
requested by the department of taxation. The buyer may be assessed	40579
any additional tax found to be due."	40580

(H) For sales of manufactured homes or mobile homes occurring	40581
on or after January 1, 2000, the clerk shall accept for filing,	40582
pursuant to Chapter 5739. of the Revised Code, an application for	40583
a certificate of title for a manufactured home or mobile home	40584
without requiring payment of any tax pursuant to section 5739.02,	40585
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	40586
issued by the tax commissioner showing payment of the tax. For	40587
sales of manufactured homes or mobile homes occurring on or after	40588
January 1, 2000, the applicant shall pay to the clerk an	40589
additional fee of five dollars for each certificate of title	40590
issued by the clerk for a manufactured or mobile home pursuant to	40591
division (H) of section 4505.11 of the Revised Code and for each	40592
certificate of title issued upon transfer of ownership of the	40593
home. The clerk shall credit the fee to the county certificate of	40594
title administration fund, and the fee shall be used to pay the	40595
expenses of archiving those certificates pursuant to division (A)	40596
of section 4505.08 and division (H)(3) of section 4505.11 of the	40597
Revised Code. The tax commissioner shall administer any tax on a	40598
manufactured or mobile home pursuant to Chapters 5739. and 5741.	40599
of the Revised Code.	40600

(I) Every clerk shall have the capability to transact by	40601
electronic means all procedures and transactions relating to the	40602
issuance of motor vehicle certificates of title that are described	40603
in the Revised Code as being accomplished by electronic means.	40604

Sec. 4508.08. There is hereby created in the department of	40605
public safety the motorcycle safety and education program. The	40606
director of public safety shall administer the program in	40607
accordance with the following guidelines:	40608

(A) The program shall include courses of instruction	40609
conducted at vocational schools, community colleges, or other	40610
suitable locations, by instructors who have obtained certification	40611
in the manner and form prescribed by the director. The courses	40612
shall meet standards established in rules adopted by the	40613
~~motorcycle safety foundation for courses of instruction~~department	40614
in ~~motorcycle safety and education~~accordance with Chapter 119. of	40615
the Revised Code. The courses may include instruction for novice	40616
motorcycle operators, instruction in motorist awareness and	40617
alcohol and drug awareness, and any other kind of instruction the	40618
director considers appropriate. A reasonable tuition fee ~~of not~~	40619
~~more than twenty-five dollars per student~~, as determined by the	40620
director, may be charged ~~for each course if sufficient funds are~~	40621
~~not available in~~. The director may authorize private organizations	40622
or corporations to offer courses without tuition fee restrictions,	40623
but such entities are not eligible for reimbursement of expenses	40624
or subsidies from the motorcycle safety and education fund created	40625
in section 4501.13 of the Revised Code ~~to pay all of the costs of~~	40626
~~conducting the motorcycle safety and education program~~.	40627

(B) In addition to courses of instruction, the program may	40628
include provisions for equipment purchases, marketing and	40629
promotion, improving motorcycle license testing procedures, and	40630
any other provisions the director considers appropriate.	40631

(C) The director shall evaluate the program every two years	40632
and shall periodically inspect the facilities, equipment, and	40633
procedures used in the courses of instruction.	40634

(D) The director shall appoint at least one training	40635
specialist who shall oversee the operation of the program,	40636
establish courses of instruction, and supervise instructors. The	40637
training specialist shall be a licensed motorcycle operator and	40638
shall obtain certification in the manner and form prescribed by	40639
the director.	40640

(E) The director may contract with other public agencies or	40641
with private organizations or corporations to assist in	40642
administering the program.	40643

(F) Notwithstanding any provision of Chapter 102. of the	40644
Revised Code, the director, in order to administer the program,	40645
may participate in a motorcycle manufacturer's motorcycle loan	40646
program.	40647

(G) The director shall contract with an insurance company or	40648
companies authorized to do business in this state to purchase a	40649
policy or policies of insurance with respect to the establishment	40650
or administration, or any other aspect of the operation of the	40651
program.	40652

Sec. 4509.60. Upon acceptance of a bond with individual	40653
sureties, the registrar of motor vehicles shall forward to the	40654
county recorder of the county in which the sureties' real estate	40655
is located a notice of such deposit and pay the recorder a base	40656
fee of five dollars for filing and indexing the notice and a	40657
housing trust fund fee of five dollars pursuant to section 317.36	40658
of the Revised Code. The recorder shall receive and file such	40659
notice and keep and index the same. Such bond shall constitute a	40660
lien in favor of the state upon the real estate so scheduled or	40661
any surety, and the lien shall exist in favor of any holder of a	40662
final judgment against the person who has filed the bond, for	40663
damages, including damages for care and loss of services, because	40664
of bodily injury to or death of any person, or for damage because	40665
of injury to property, including the loss of use thereof,	40666
resulting from the ownership, maintenance, or use of a motor	40667
vehicle after such bond was filed, upon the filing of notice to	40668
that effect by the registrar with the county recorder as provided	40669
in this section.	40670

Sec. 4511.191. (A) Any person who operates a vehicle upon a	40671
highway or any public or private property used by the public for	40672
vehicular travel or parking within this state shall be deemed to	40673
have given consent to a chemical test or tests of the person's	40674
blood, breath, or urine for the purpose of determining the	40675
alcohol, drug, or alcohol and drug content of the person's blood,	40676
breath, or urine if arrested for operating a vehicle while under	40677
the influence of alcohol, a drug of abuse, or alcohol and a drug	40678
of abuse or for operating a vehicle with a prohibited	40679
concentration of alcohol in the blood, breath, or urine. The	40680
chemical test or tests shall be administered at the request of a	40681
police officer having reasonable grounds to believe the person to	40682
have been operating a vehicle upon a highway or any public or	40683
private property used by the public for vehicular travel or	40684
parking in this state while under the influence of alcohol, a drug	40685
of abuse, or alcohol and a drug of abuse or with a prohibited	40686
concentration of alcohol in the blood, breath, or urine. The law	40687
enforcement agency by which the officer is employed shall	40688
designate which of the tests shall be administered.	40689

(B) Any person who is dead or unconscious, or who is	40690
otherwise in a condition rendering the person incapable of	40691
refusal, shall be deemed not to have withdrawn consent as provided	40692
by division (A) of this section and the test or tests may be	40693
administered, subject to sections 313.12 to 313.16 of the Revised	40694
Code.	40695

(C)(1) Any person under arrest for operating a vehicle while	40696
under the influence of alcohol, a drug of abuse, or alcohol and a	40697
drug of abuse or for operating a vehicle with a prohibited	40698
concentration of alcohol in the blood, breath, or urine shall be	40699
advised at a police station, or at a hospital, first-aid station,	40700
or clinic to which the person has been taken for first-aid or	40701
medical treatment, of both of the following:	40702

(a) The consequences, as specified in division (E) of this	40703
section, of the person's refusal to submit upon request to a	40704
chemical test designated by the law enforcement agency as provided	40705
in division (A) of this section;	40706

(b) The consequences, as specified in division (F) of this	40707
section, of the person's submission to the designated chemical	40708
test if the person is found to have a prohibited concentration of	40709
alcohol in the blood, breath, or urine.	40710

(2)(a) The advice given pursuant to division (C)(1) of this	40711
section shall be in a written form containing the information	40712
described in division (C)(2)(b) of this section and shall be read	40713
to the person. The form shall contain a statement that the form	40714
was shown to the person under arrest and read to the person in the	40715
presence of the arresting officer and either another police	40716
officer, a civilian police employee, or an employee of a hospital,	40717
first-aid station, or clinic, if any, to which the person has been	40718
taken for first-aid or medical treatment. The witnesses shall	40719
certify to this fact by signing the form.	40720

(b) The form required by division (C)(2)(a) of this section	40721
shall read as follows:	40722

"You now are under arrest for operating a vehicle while under	40723
the influence of alcohol, a drug of abuse, or both alcohol and a	40724
drug of abuse and will be requested by a police officer to submit	40725
to a chemical test to determine the concentration of alcohol,	40726
drugs of abuse, or alcohol and drugs of abuse in your blood,	40727
breath, or urine.	40728

If you refuse to submit to the requested test or if you	40729
submit to the requested test and are found to have a prohibited	40730
concentration of alcohol in your blood, breath, or urine, your	40731
driver's or commercial driver's license or permit or nonresident	40732
operating privilege immediately will be suspended for the period	40733
of time specified by law by the officer, on behalf of the	40734
registrar of motor vehicles. You may appeal this suspension at	40735
your initial appearance before the court that hears the charges	40736
against you resulting from the arrest, and your initial appearance	40737
will be conducted no later than five days after the arrest. This	40738
suspension is independent of the penalties for the offense, and	40739
you may be subject to other penalties upon conviction."	40740

(D)(1) If a person under arrest as described in division	40741
(C)(1) of this section is not asked by a police officer to submit	40742
to a chemical test designated as provided in division (A) of this	40743
section, the arresting officer shall seize the Ohio or	40744
out-of-state driver's or commercial driver's license or permit of	40745
the person and immediately forward the seized license or permit to	40746
the court in which the arrested person is to appear on the charge	40747
for which the person was arrested. If the arrested person does not	40748
have the person's driver's or commercial driver's license or	40749
permit on the person's self or in the person's vehicle, the	40750
arresting officer shall order the arrested person to surrender it	40751
to the law enforcement agency that employs the officer within	40752
twenty-four hours after the arrest, and, upon the surrender, the	40753
officer's employing agency immediately shall forward the license	40754
or permit to the court in which the arrested person is to appear	40755
on the charge for which the person was arrested. Upon receipt of	40756
the license or permit, the court shall retain it pending the	40757
initial appearance of the arrested person and any action taken	40758
under section 4511.196 of the Revised Code.	40759

If a person under arrest as described in division (C)(1) of	40760
this section is asked by a police officer to submit to a chemical	40761
test designated as provided in division (A) of this section and is	40762
advised of the consequences of the person's refusal or submission	40763
as provided in division (C) of this section and if the person	40764
either refuses to submit to the designated chemical test or the	40765
person submits to the designated chemical test and the test	40766
results indicate that the person's blood contained a concentration	40767
of eight-hundredths of one per cent or more by weight of alcohol,	40768
the person's breath contained a concentration of eight-hundredths	40769
of one gram or more by weight of alcohol per two hundred ten	40770
liters of the person's breath, or the person's urine contained a	40771
concentration of eleven-hundredths of one gram or more by weight	40772
of alcohol per one hundred milliliters of the person's urine at	40773
the time of the alleged offense, the arresting officer shall do	40774
all of the following:	40775

(a) On behalf of the registrar, serve a notice of suspension	40776
upon the person that advises the person that, independent of any	40777
penalties or sanctions imposed upon the person pursuant to any	40778
other section of the Revised Code or any other municipal	40779
ordinance, the person's driver's or commercial driver's license or	40780
permit or nonresident operating privilege is suspended, that the	40781
suspension takes effect immediately, that the suspension will last	40782
at least until the person's initial appearance on the charge that	40783
will be held within five days after the date of the person's	40784
arrest or the issuance of a citation to the person, and that the	40785
person may appeal the suspension at the initial appearance; seize	40786
the Ohio or out-of-state driver's or commercial driver's license	40787
or permit of the person; and immediately forward the seized	40788
license or permit to the registrar. If the arrested person does	40789
not have the person's driver's or commercial driver's license or	40790
permit on the person's self or in the person's vehicle, the	40791
arresting officer shall order the person to surrender it to the	40792
law enforcement agency that employs the officer within twenty-four	40793
hours after the service of the notice of suspension, and, upon the	40794
surrender, the officer's employing agency immediately shall	40795
forward the license or permit to the registrar.	40796

(b) Verify the current residence of the person and, if it	40797
differs from that on the person's driver's or commercial driver's	40798
license or permit, notify the registrar of the change;	40799

(c) In addition to forwarding the arrested person's driver's	40800
or commercial driver's license or permit to the registrar, send to	40801
the registrar, within forty-eight hours after the arrest of the	40802
person, a sworn report that includes all of the following	40803
statements:	40804

(i) That the officer had reasonable grounds to believe that,	40805
at the time of the arrest, the arrested person was operating a	40806
vehicle upon a highway or public or private property used by the	40807
public for vehicular travel or parking within this state while	40808
under the influence of alcohol, a drug of abuse, or alcohol and a	40809
drug of abuse or with a prohibited concentration of alcohol in the	40810
blood, breath, or urine;	40811

(ii) That the person was arrested and charged with operating	40812
a vehicle while under the influence of alcohol, a drug of abuse,	40813
or alcohol and a drug of abuse or with operating a vehicle with a	40814
prohibited concentration of alcohol in the blood, breath, or	40815
urine;	40816

(iii) That the officer asked the person to take the	40817
designated chemical test, advised the person of the consequences	40818
of submitting to the chemical test or refusing to take the	40819
chemical test, and gave the person the form described in division	40820
(C)(2) of this section;	40821

(iv) That the person refused to submit to the chemical test	40822
or that the person submitted to the chemical test and the test	40823
results indicate that the person's blood contained a concentration	40824
of eight-hundredths of one per cent or more by weight of alcohol,	40825
the person's breath contained a concentration of eight-hundredths	40826
of one gram or more by weight of alcohol per two hundred ten	40827
liters of the person's breath, or the person's urine contained a	40828
concentration of eleven-hundredths of one gram or more by weight	40829
of alcohol per one hundred milliliters of the person's urine at	40830
the time of the alleged offense;	40831

(v) That the officer served a notice of suspension upon the	40832
person as described in division (D)(1)(a) of this section.	40833

(2) The sworn report of an arresting officer completed under	40834
division (D)(1)(c) of this section shall be given by the officer	40835
to the arrested person at the time of the arrest or sent to the	40836
person by regular first class mail by the registrar as soon	40837
thereafter as possible, but no later than fourteen days after	40838
receipt of the report. An arresting officer may give an unsworn	40839
report to the arrested person at the time of the arrest provided	40840
the report is complete when given to the arrested person and	40841
subsequently is sworn to by the arresting officer. As soon as	40842
possible, but no later than forty-eight hours after the arrest of	40843
the person, the arresting officer shall send a copy of the sworn	40844
report to the court in which the arrested person is to appear on	40845
the charge for which the person was arrested.	40846

(3) The sworn report of an arresting officer completed and	40847
sent to the registrar and the court under divisions (D)(1)(c) and	40848
(D)(2) of this section is prima-facie proof of the information and	40849
statements that it contains and shall be admitted and considered	40850
as prima-facie proof of the information and statements that it	40851
contains in any appeal under division (H) of this section relative	40852
to any suspension of a person's driver's or commercial driver's	40853
license or permit or nonresident operating privilege that results	40854
from the arrest covered by the report.	40855

(E)(1) Upon receipt of the sworn report of an arresting	40856
officer completed and sent to the registrar and a court pursuant	40857
to divisions (D)(1)(c) and (D)(2) of this section in regard to a	40858
person who refused to take the designated chemical test, the	40859
registrar shall enter into the registrar's records the fact that	40860
the person's driver's or commercial driver's license or permit or	40861
nonresident operating privilege was suspended by the arresting	40862
officer under division (D)(1)(a) of this section and the period of	40863
the suspension, as determined under divisions (E)(1)(a) to (d) of	40864
this section. The suspension shall be subject to appeal as	40865
provided in this section and shall be for whichever of the	40866
following periods applies:	40867

(a) If the arrested person, within five years of the date on	40868
which the person refused the request to consent to the chemical	40869
test, had not refused a previous request to consent to a chemical	40870
test of the person's blood, breath, or urine to determine its	40871
alcohol content, the period of suspension shall be one year. If	40872
the person is a resident without a license or permit to operate a	40873
vehicle within this state, the registrar shall deny to the person	40874
the issuance of a driver's or commercial driver's license or	40875
permit for a period of one year after the date of the alleged	40876
violation.	40877

(b) If the arrested person, within five years of the date on	40878
which the person refused the request to consent to the chemical	40879
test, had refused one previous request to consent to a chemical	40880
test of the person's blood, breath, or urine to determine its	40881
alcohol content, the period of suspension or denial shall be two	40882
years.	40883

(c) If the arrested person, within five years of the date on	40884
which the person refused the request to consent to the chemical	40885
test, had refused two previous requests to consent to a chemical	40886
test of the person's blood, breath, or urine to determine its	40887
alcohol content, the period of suspension or denial shall be three	40888
years.	40889

(d) If the arrested person, within five years of the date on	40890
which the person refused the request to consent to the chemical	40891
test, had refused three or more previous requests to consent to a	40892
chemical test of the person's blood, breath, or urine to determine	40893
its alcohol content, the period of suspension or denial shall be	40894
five years.	40895

(2) The suspension or denial imposed under division (E)(1) of	40896
this section shall continue for the entire one-year, two-year,	40897
three-year, or five-year period, subject to appeal as provided in	40898
this section and subject to termination as provided in division	40899
(K) of this section.	40900

(F) Upon receipt of the sworn report of an arresting officer	40901
completed and sent to the registrar and a court pursuant to	40902
divisions (D)(1)(c) and (D)(2) of this section in regard to a	40903
person whose test results indicate that the person's blood	40904
contained a concentration of eight-hundredths of one per cent or	40905
more by weight of alcohol, the person's breath contained a	40906
concentration of eight-hundredths of one gram or more by weight of	40907
alcohol per two hundred ten liters of the person's breath, or the	40908
person's urine contained a concentration of eleven-hundredths of	40909
one gram or more by weight of alcohol per one hundred milliliters	40910
of the person's urine at the time of the alleged offense, the	40911
registrar shall enter into the registrar's records the fact that	40912
the person's driver's or commercial driver's license or permit or	40913
nonresident operating privilege was suspended by the arresting	40914
officer under division (D)(1)(a) of this section and the period of	40915
the suspension, as determined under divisions (F)(1) to (4) of	40916
this section. The suspension shall be subject to appeal as	40917
provided in this section and shall be for whichever of the	40918
following periods that applies:	40919

(1) Except when division (F)(2), (3), or (4) of this section	40920
applies and specifies a different period of suspension or denial,	40921
the period of the suspension or denial shall be ninety days.	40922

(2) The period of suspension or denial shall be one year if	40923
the person has been convicted, within six years of the date the	40924
test was conducted, of a violation of one of the following:	40925

(a) Division (A) or (B) of section 4511.19 of the Revised	40926
Code;	40927

(b) A municipal ordinance relating to operating a vehicle	40928
while under the influence of alcohol, a drug of abuse, or alcohol	40929
and a drug of abuse;	40930

(c) A municipal ordinance relating to operating a vehicle	40931
with a prohibited concentration of alcohol in the blood, breath,	40932
or urine;	40933

(d) Section 2903.04 of the Revised Code in a case in which	40934
the offender was subject to the sanctions described in division	40935
(D) of that section;	40936

(e) Division (A)(1) of section 2903.06 or division (A)(1) of	40937
section 2903.08 of the Revised Code or a municipal ordinance that	40938
is substantially similar to either of those divisions;	40939

(f) Division (A)(2), (3), or (4) of section 2903.06, division	40940
(A)(2) of section 2903.08, or former section 2903.07 of the	40941
Revised Code, or a municipal ordinance that is substantially	40942
similar to any of those divisions or that former section, in a	40943
case in which the jury or judge found that at the time of the	40944
commission of the offense the offender was under the influence of	40945
alcohol, a drug of abuse, or alcohol and a drug of abuse;	40946

(g) A statute of the United States or of any other state or a	40947
municipal ordinance of a municipal corporation located in any	40948
other state that is substantially similar to division (A) or (B)	40949
of section 4511.19 of the Revised Code.	40950

(3) If the person has been convicted, within six years of the	40951
date the test was conducted, of two violations of a statute or	40952
ordinance described in division (F)(2) of this section, the period	40953
of the suspension or denial shall be two years.	40954

(4) If the person has been convicted, within six years of the	40955
date the test was conducted, of more than two violations of a	40956
statute or ordinance described in division (F)(2) of this section,	40957
the period of the suspension or denial shall be three years.	40958

(G)(1) A suspension of a person's driver's or commercial	40959
driver's license or permit or nonresident operating privilege	40960
under division (D)(1)(a) of this section for the period of time	40961
described in division (E) or (F) of this section is effective	40962
immediately from the time at which the arresting officer serves	40963
the notice of suspension upon the arrested person. Any subsequent	40964
finding that the person is not guilty of the charge that resulted	40965
in the person being requested to take, or in the person taking,	40966
the chemical test or tests under division (A) of this section	40967
affects the suspension only as described in division (H)(2) of	40968
this section.	40969

(2) If a person is arrested for operating a vehicle while	40970
under the influence of alcohol, a drug of abuse, or alcohol and a	40971
drug of abuse or for operating a vehicle with a prohibited	40972
concentration of alcohol in the blood, breath, or urine and	40973
regardless of whether the person's driver's or commercial driver's	40974
license or permit or nonresident operating privilege is or is not	40975
suspended under division (E) or (F) of this section, the person's	40976
initial appearance on the charge resulting from the arrest shall	40977
be held within five days of the person's arrest or the issuance of	40978
the citation to the person, subject to any continuance granted by	40979
the court pursuant to division (H)(1) of this section regarding	40980
the issues specified in that division.	40981

(H)(1) If a person is arrested for operating a vehicle while	40982
under the influence of alcohol, a drug of abuse, or alcohol and a	40983
drug of abuse or for operating a vehicle with a prohibited	40984
concentration of alcohol in the blood, breath, or urine and if the	40985
person's driver's or commercial driver's license or permit or	40986
nonresident operating privilege is suspended under division (E) or	40987
(F) of this section, the person may appeal the suspension at the	40988
person's initial appearance on the charge resulting from the	40989
arrest in the court in which the person will appear on that	40990
charge. If the person appeals the suspension at the person's	40991
initial appearance, the appeal does not stay the operation of the	40992
suspension. Subject to division (H)(2) of this section, no court	40993
has jurisdiction to grant a stay of a suspension imposed under	40994
division (E) or (F) of this section, and any order issued by any	40995
court that purports to grant a stay of any suspension imposed	40996
under either of those divisions shall not be given administrative	40997
effect.	40998

If the person appeals the suspension at the person's initial	40999
appearance, either the person or the registrar may request a	41000
continuance of the appeal. Either the person or the registrar	41001
shall make the request for a continuance of the appeal at the same	41002
time as the making of the appeal. If either the person or the	41003
registrar requests a continuance of the appeal, the court may	41004
grant the continuance. The court also may continue the appeal on	41005
its own motion. The granting of a continuance applies only to the	41006
conduct of the appeal of the suspension and does not extend the	41007
time within which the initial appearance must be conducted, and	41008
the court shall proceed with all other aspects of the initial	41009
appearance in accordance with its normal procedures. Neither the	41010
request for nor the granting of a continuance stays the operation	41011
of the suspension that is the subject of the appeal.	41012

If the person appeals the suspension at the person's initial	41013
appearance, the scope of the appeal is limited to determining	41014
whether one or more of the following conditions have not been met:	41015

(a) Whether the law enforcement officer had reasonable ground	41016
to believe the arrested person was operating a vehicle upon a	41017
highway or public or private property used by the public for	41018
vehicular travel or parking within this state while under the	41019
influence of alcohol, a drug of abuse, or alcohol and a drug of	41020
abuse or with a prohibited concentration of alcohol in the blood,	41021
breath, or urine and whether the arrested person was in fact	41022
placed under arrest;	41023

(b) Whether the law enforcement officer requested the	41024
arrested person to submit to the chemical test designated pursuant	41025
to division (A) of this section;	41026

(c) Whether the arresting officer informed the arrested	41027
person of the consequences of refusing to be tested or of	41028
submitting to the test;	41029

(d) Whichever of the following is applicable:

41030

(i) Whether the arrested person refused to submit to the	41031
chemical test requested by the officer;	41032

(ii) Whether the chemical test results indicate that the	41033
arrested person's blood contained a concentration of	41034
eight-hundredths of one per cent or more by weight of alcohol, the	41035
person's breath contained a concentration of eight-hundredths of	41036
one gram or more by weight of alcohol per two hundred ten liters	41037
of the person's breath, or the person's urine contained a	41038
concentration of eleven-hundredths of one gram or more by weight	41039
of alcohol per one hundred milliliters of the person's urine at	41040
the time of the alleged offense.	41041

(2) If the person appeals the suspension at the initial	41042
appearance, the judge or referee of the court or the mayor of the	41043
mayor's court shall determine whether one or more of the	41044
conditions specified in divisions (H)(1)(a) to (d) of this section	41045
have not been met. The person who appeals the suspension has the	41046
burden of proving, by a preponderance of the evidence, that one or	41047
more of the specified conditions has not been met. If during the	41048
appeal at the initial appearance the judge or referee of the court	41049
or the mayor of the mayor's court determines that all of those	41050
conditions have been met, the judge, referee, or mayor shall	41051
uphold the suspension, shall continue the suspension, and shall	41052
notify the registrar of the decision on a form approved by the	41053
registrar. Except as otherwise provided in division (H)(2) of this	41054
section, if the suspension is upheld or if the person does not	41055
appeal the suspension at the person's initial appearance under	41056
division (H)(1) of this section, the suspension shall continue	41057
until the complaint alleging the violation for which the person	41058
was arrested and in relation to which the suspension was imposed	41059
is adjudicated on the merits by the judge or referee of the trial	41060
court or by the mayor of the mayor's court. If the suspension was	41061
imposed under division (E) of this section and it is continued	41062
under this division, any subsequent finding that the person is not	41063
guilty of the charge that resulted in the person being requested	41064
to take the chemical test or tests under division (A) of this	41065
section does not terminate or otherwise affect the suspension. If	41066
the suspension was imposed under division (F) of this section and	41067
it is continued under this division, the suspension shall	41068
terminate if, for any reason, the person subsequently is found not	41069
guilty of the charge that resulted in the person taking the	41070
chemical test or tests under division (A) of this section.	41071

If, during the appeal at the initial appearance, the judge or	41072
referee of the trial court or the mayor of the mayor's court	41073
determines that one or more of the conditions specified in	41074
divisions (H)(1)(a) to (d) of this section have not been met, the	41075
judge, referee, or mayor shall terminate the suspension, subject	41076
to the imposition of a new suspension under division (B) of	41077
section 4511.196 of the Revised Code; shall notify the registrar	41078
of the decision on a form approved by the registrar; and, except	41079
as provided in division (B) of section 4511.196 of the Revised	41080
Code, shall order the registrar to return the driver's or	41081
commercial driver's license or permit to the person or to take	41082
such measures as may be necessary, if the license or permit was	41083
destroyed under section 4507.55 of the Revised Code, to permit the	41084
person to obtain a replacement driver's or commercial driver's	41085
license or permit from the registrar or a deputy registrar in	41086
accordance with that section. The court also shall issue to the	41087
person a court order, valid for not more than ten days from the	41088
date of issuance, granting the person operating privileges for	41089
that period of time.	41090

If the person appeals the suspension at the initial	41091
appearance, the registrar shall be represented by the prosecuting	41092
attorney of the county in which the arrest occurred if the initial	41093
appearance is conducted in a juvenile court or county court,	41094
except that if the arrest occurred within a city or village within	41095
the jurisdiction of the county court in which the appeal is	41096
conducted, the city director of law or village solicitor of that	41097
city or village shall represent the registrar. If the appeal is	41098
conducted in a municipal court, the registrar shall be represented	41099
as provided in section 1901.34 of the Revised Code. If the appeal	41100
is conducted in a mayor's court, the registrar shall be	41101
represented by the city director of law, village solicitor, or	41102
other chief legal officer of the municipal corporation that	41103
operates that mayor's court.	41104

(I)(1)(a) A person is not entitled to request, and a court	41105
shall not grant to the person, occupational driving privileges	41106
under division (I)(1) of this section if a person's driver's or	41107
commercial driver's license or permit or nonresident operating	41108
privilege has been suspended pursuant to division (E) of this	41109
section, and the person, within the preceding seven years, has	41110
refused three previous requests to consent to a chemical test of	41111
the person's blood, breath, or urine to determine its alcohol	41112
content or has been convicted of or pleaded guilty to three or	41113
more violations of one or more of the following:	41114

(i) Division (A) or (B) of section 4511.19 of the Revised	41115
Code;	41116

(ii) A municipal ordinance relating to operating a vehicle	41117
while under the influence of alcohol, a drug of abuse, or alcohol	41118
and a drug of abuse;	41119

(iii) A municipal ordinance relating to operating a vehicle	41120
with a prohibited concentration of alcohol in the blood, breath,	41121
or urine;	41122

(iv) Section 2903.04 of the Revised Code in a case in which	41123
the person was subject to the sanctions described in division (D)	41124
of that section;	41125

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	41126
section 2903.08 of the Revised Code or a municipal ordinance that	41127
is substantially similar to either of those divisions;	41128

(vi) Division (A)(2), (3), or (4) of section 2903.06,	41129
division (A)(2) of section 2903.08, or former section 2903.07 of	41130
the Revised Code, or a municipal ordinance that is substantially	41131
similar to any of those divisions or that former section, in a	41132
case in which the jury or judge found that the person was under	41133
the influence of alcohol, a drug of abuse, or alcohol and a drug	41134
of abuse;	41135

(vii) A statute of the United States or of any other state or	41136
a municipal ordinance of a municipal corporation located in any	41137
other state that is substantially similar to division (A) or (B)	41138
of section 4511.19 of the Revised Code.	41139

(b) Any other person who is not described in division	41140
(I)(1)(a) of this section and whose driver's or commercial	41141
driver's license or nonresident operating privilege has been	41142
suspended pursuant to division (E) of this section may file a	41143
petition requesting occupational driving privileges in the common	41144
pleas court, municipal court, county court, mayor's court, or, if	41145
the person is a minor, juvenile court with jurisdiction over the	41146
related criminal or delinquency case. The petition may be filed at	41147
any time subsequent to the date on which the notice of suspension	41148
is served upon the arrested person. The person shall pay the costs	41149
of the proceeding, notify the registrar of the filing of the	41150
petition, and send the registrar a copy of the petition.	41151

In the proceedings, the registrar shall be represented by the	41152
prosecuting attorney of the county in which the arrest occurred if	41153
the petition is filed in the juvenile court, county court, or	41154
common pleas court, except that, if the arrest occurred within a	41155
city or village within the jurisdiction of the county court in	41156
which the petition is filed, the city director of law or village	41157
solicitor of that city or village shall represent the registrar.	41158
If the petition is filed in the municipal court, the registrar	41159
shall be represented as provided in section 1901.34 of the Revised	41160
Code. If the petition is filed in a mayor's court, the registrar	41161
shall be represented by the city director of law, village	41162
solicitor, or other chief legal officer of the municipal	41163
corporation that operates the mayor's court.	41164

The court, if it finds reasonable cause to believe that	41165
suspension would seriously affect the person's ability to continue	41166
in the person's employment, may grant the person occupational	41167
driving privileges during the period of suspension imposed	41168
pursuant to division (E) of this section, subject to the	41169
limitations contained in this division and division (I)(2) of this	41170
section. The court may grant the occupational driving privileges,	41171
subject to the limitations contained in this division and division	41172
(I)(2) of this section, regardless of whether the person appeals	41173
the suspension at the person's initial appearance under division	41174
(H)(1) of this section or appeals the decision of the court made	41175
pursuant to the appeal conducted at the initial appearance, and,	41176
if the person has appealed the suspension or decision, regardless	41177
of whether the matter at issue has been heard or decided by the	41178
court. The court shall not grant occupational driving privileges	41179
for employment as a driver of commercial motor vehicles to any	41180
person who is disqualified from operating a commercial motor	41181
vehicle under section 3123.611 or 4506.16 of the Revised Code or	41182
whose commercial driver's license or commercial driver's temporary	41183
instruction permit has been suspended under section 3123.58 of the	41184
Revised Code.	41185

(2)(a) In granting occupational driving privileges under	41186
division (I)(1) of this section, the court may impose any	41187
condition it considers reasonable and necessary to limit the use	41188
of a vehicle by the person. The court shall deliver to the person	41189
a permit card, in a form to be prescribed by the court, setting	41190
forth the time, place, and other conditions limiting the	41191
defendant's use of a vehicle. The grant of occupational driving	41192
privileges shall be conditioned upon the person's having the	41193
permit in the person's possession at all times during which the	41194
person is operating a vehicle.	41195

A person granted occupational driving privileges who operates	41196
a vehicle for other than occupational purposes, in violation of	41197
any condition imposed by the court, or without having the permit	41198
in the person's possession, is guilty of a violation of section	41199
4507.02 of the Revised Code.	41200

(b) The court may not grant a person occupational driving	41201
privileges under division (I)(1) of this section when prohibited	41202
by a limitation contained in that division or during any of the	41203
following periods of time:	41204

(i) The first thirty days of suspension imposed upon a person	41205
who, within five years of the date on which the person refused the	41206
request to consent to a chemical test of the person's blood,	41207
breath, or urine to determine its alcohol content and for which	41208
refusal the suspension was imposed, had not refused a previous	41209
request to consent to a chemical test of the person's blood,	41210
breath, or urine to determine its alcohol content;	41211

(ii) The first ninety days of suspension imposed upon a	41212
person who, within five years of the date on which the person	41213
refused the request to consent to a chemical test of the person's	41214
blood, breath, or urine to determine its alcohol content and for	41215
which refusal the suspension was imposed, had refused one previous	41216
request to consent to a chemical test of the person's blood,	41217
breath, or urine to determine its alcohol content;	41218

(iii) The first year of suspension imposed upon a person who,	41219
within five years of the date on which the person refused the	41220
request to consent to a chemical test of the person's blood,	41221
breath, or urine to determine its alcohol content and for which	41222
refusal the suspension was imposed, had refused two previous	41223
requests to consent to a chemical test of the person's blood,	41224
breath, or urine to determine its alcohol content;	41225

(iv) The first three years of suspension imposed upon a	41226
person who, within five years of the date on which the person	41227
refused the request to consent to a chemical test of the person's	41228
blood, breath, or urine to determine its alcohol content and for	41229
which refusal the suspension was imposed, had refused three or	41230
more previous requests to consent to a chemical test of the	41231
person's blood, breath, or urine to determine its alcohol content.	41232

(3) The court shall give information in writing of any action	41233
taken under this section to the registrar.	41234

(4) If a person's driver's or commercial driver's license or	41235
permit or nonresident operating privilege has been suspended	41236
pursuant to division (F) of this section, and the person, within	41237
the preceding seven years, has been convicted of or pleaded guilty	41238
to three or more violations of division (A) or (B) of section	41239
4511.19 of the Revised Code, a municipal ordinance relating to	41240
operating a vehicle while under the influence of alcohol, a drug	41241
of abuse, or alcohol and a drug of abuse, a municipal ordinance	41242
relating to operating a vehicle with a prohibited concentration of	41243
alcohol in the blood, breath, or urine, section 2903.04 of the	41244
Revised Code in a case in which the person was subject to the	41245
sanctions described in division (D) of that section, or section	41246
2903.06 or 2903.08 or former section 2903.07 of the Revised Code	41247
or a municipal ordinance that is substantially similar to former	41248
section 2903.07 of the Revised Code in a case in which the jury or	41249
judge found that the person was under the influence of alcohol, a	41250
drug of abuse, or alcohol and a drug of abuse, or a statute of the	41251
United States or of any other state or a municipal ordinance of a	41252
municipal corporation located in any other state that is	41253
substantially similar to division (A) or (B) of section 4511.19 of	41254
the Revised Code, the person is not entitled to request, and the	41255
court shall not grant to the person, occupational driving	41256
privileges under this division. Any other person whose driver's or	41257
commercial driver's license or nonresident operating privilege has	41258
been suspended pursuant to division (F) of this section may file	41259
in the court specified in division (I)(1)(b) of this section a	41260
petition requesting occupational driving privileges in accordance	41261
with section 4507.16 of the Revised Code. The petition may be	41262
filed at any time subsequent to the date on which the arresting	41263
officer serves the notice of suspension upon the arrested person.	41264
Upon the making of the request, occupational driving privileges	41265
may be granted in accordance with section 4507.16 of the Revised	41266
Code. The court may grant the occupational driving privileges,	41267
subject to the limitations contained in section 4507.16 of the	41268
Revised Code, regardless of whether the person appeals the	41269
suspension at the person's initial appearance under division	41270
(H)(1) of this section or appeals the decision of the court made	41271
pursuant to the appeal conducted at the initial appearance, and,	41272
if the person has appealed the suspension or decision, regardless	41273
of whether the matter at issue has been heard or decided by the	41274
court.	41275

(J) When it finally has been determined under the procedures	41276
of this section that a nonresident's privilege to operate a	41277
vehicle within this state has been suspended, the registrar shall	41278
give information in writing of the action taken to the motor	41279
vehicle administrator of the state of the person's residence and	41280
of any state in which the person has a license.	41281

(K) A suspension of the driver's or commercial driver's	41282
license or permit of a resident, a suspension of the operating	41283
privilege of a nonresident, or a denial of a driver's or	41284
commercial driver's license or permit pursuant to division (E) or	41285
(F) of this section shall be terminated by the registrar upon	41286
receipt of notice of the person's entering a plea of guilty to, or	41287
of the person's conviction of, operating a vehicle while under the	41288
influence of alcohol, a drug of abuse, or alcohol and a drug of	41289
abuse or with a prohibited concentration of alcohol in the blood,	41290
breath, or urine, if the offense for which the plea is entered or	41291
that resulted in the conviction arose from the same incident that	41292
led to the suspension or denial.	41293

The registrar shall credit against any judicial suspension of	41294
a person's driver's or commercial driver's license or permit or	41295
nonresident operating privilege imposed pursuant to division (B)	41296
or (E) of section 4507.16 of the Revised Code any time during	41297
which the person serves a related suspension imposed pursuant to	41298
division (E) or (F) of this section.	41299

(L) At the end of a suspension period under this section,	41300
section 4511.196, or division (B) of section 4507.16 of the	41301
Revised Code and upon the request of the person whose driver's or	41302
commercial driver's license or permit was suspended and who is not	41303
otherwise subject to suspension, revocation, or disqualification,	41304
the registrar shall return the driver's or commercial driver's	41305
license or permit to the person upon the person's compliance with	41306
all of the conditions specified in divisions (L)(1) and (2) of	41307
this section:	41308

(1) A showing by the person that the person has proof of	41309
financial responsibility, a policy of liability insurance in	41310
effect that meets the minimum standards set forth in section	41311
4509.51 of the Revised Code, or proof, to the satisfaction of the	41312
registrar, that the person is able to respond in damages in an	41313
amount at least equal to the minimum amounts specified in section	41314
4509.51 of the Revised Code.	41315

(2) Subject to the limitation contained in division (L)(3) of	41316
this section, payment by the person of a license reinstatement fee	41317
of four hundred twenty-five dollars to the bureau of motor	41318
vehicles, which fee shall be deposited in the state treasury and	41319
credited as follows:	41320

(a) One hundred twelve dollars and fifty cents shall be	41321
credited to the statewide treatment and prevention fund created by	41322
section 4301.30 of the Revised Code. The fund shall be used to pay	41323
the costs of driver treatment and intervention programs operated	41324
pursuant to sections 3793.02 and 3793.10 of the Revised Code. The	41325
director of alcohol and drug addiction services shall determine	41326
the share of the fund that is to be allocated to alcohol and drug	41327
addiction programs authorized by section 3793.02 of the Revised	41328
Code, and the share of the fund that is to be allocated to	41329
drivers' intervention programs authorized by section 3793.10 of	41330
the Revised Code.	41331

(b) Seventy-five dollars shall be credited to the reparations	41332
fund created by section 2743.191 of the Revised Code.	41333

(c) Thirty-seven dollars and fifty cents shall be credited to	41334
the indigent drivers alcohol treatment fund, which is hereby	41335
established. Except as otherwise provided in division (L)(2)(c) of	41336
this section, moneys in the fund shall be distributed by the	41337
department of alcohol and drug addiction services to the county	41338
indigent drivers alcohol treatment funds, the county juvenile	41339
indigent drivers alcohol treatment funds, and the municipal	41340
indigent drivers alcohol treatment funds that are required to be	41341
established by counties and municipal corporations pursuant to	41342
division (N) of this section, and shall be used only to pay the	41343
cost of an alcohol and drug addiction treatment program attended	41344
by an offender or juvenile traffic offender who is ordered to	41345
attend an alcohol and drug addiction treatment program by a	41346
county, juvenile, or municipal court judge and who is determined	41347
by the county, juvenile, or municipal court judge not to have the	41348
means to pay for attendance at the program or to pay the costs	41349
specified in division (N)(4) of this section in accordance with	41350
that division. Moneys in the fund that are not distributed to a	41351
county indigent drivers alcohol treatment fund, a county juvenile	41352
indigent drivers alcohol treatment fund, or a municipal indigent	41353
drivers alcohol treatment fund under division (N) of this section	41354
because the director of alcohol and drug addiction services does	41355
not have the information necessary to identify the county or	41356
municipal corporation where the offender or juvenile offender was	41357
arrested may be transferred by the director of budget and	41358
management to the statewide treatment and prevention fund created	41359
by section 4301.30 of the Revised Code, upon certification of the	41360
amount by the director of alcohol and drug addiction services.	41361

(d) Seventy-five dollars shall be credited to the Ohio	41362
rehabilitation services commission established by section 3304.12	41363
of the Revised Code, to the services for rehabilitation fund,	41364
which is hereby established. The fund shall be used to match	41365
available federal matching funds where appropriate, and for any	41366
other purpose or program of the commission to rehabilitate people	41367
with disabilities to help them become employed and independent.	41368

(e) ~~Seventy-five~~Sixty dollars shall be ~~deposited into the~~	41369
~~state treasury and~~ credited to the ~~drug abuse resistance education~~	41370
public transportation grant programs fund, which is hereby	41371
established, to be used by the ~~attorney general for the purposes~~	41372
~~specified in division (L)(4) of this section~~department of	41373
transportation to match available federal public transportation	41374
funds and for the department's related operating expenses.	41375

(f) Thirty dollars shall be credited to the state bureau of	41376
motor vehicles fund created by section 4501.25 of the Revised	41377
Code.	41378

(g) Twenty dollars shall be credited to the trauma and	41379
emergency medical services grants fund created by section 4513.263	41380
of the Revised Code.	41381

(h) Fifteen dollars shall be credited to the public safety	41382
investigative unit fund, which is hereby established, to be used	41383
by the department of public safety investigative unit for the	41384
enforcement of the laws and rules described in division (B)(1) of	41385
section 5502.14 of the Revised Code.	41386

(3) If a person's driver's or commercial driver's license or	41387
permit is suspended under division (E) or (F) of this section,	41388
section 4511.196, or division (B) of section 4507.16 of the	41389
Revised Code, or any combination of the suspensions described in	41390
division (L)(3) of this section, and if the suspensions arise from	41391
a single incident or a single set of facts and circumstances, the	41392
person is liable for payment of, and shall be required to pay to	41393
the bureau, only one reinstatement fee of four hundred five	41394
dollars. The reinstatement fee shall be distributed by the bureau	41395
in accordance with division (L)(2) of this section.	41396

~~(4) The attorney general shall use amounts in the drug abuse~~	41397
~~resistance education programs fund to award grants to law~~	41398
~~enforcement agencies to establish and implement drug abuse~~	41399
~~resistance education programs in public schools. Grants awarded to~~	41400
~~a law enforcement agency under division (L)(4) of this section~~	41401
~~shall be used by the agency to pay for not more than fifty per~~	41402
~~cent of the amount of the salaries of law enforcement officers who~~	41403
~~conduct drug abuse resistance education programs in public~~	41404
~~schools. The attorney general shall not use more than six per cent~~	41405
~~of the amounts the attorney general's office receives under~~	41406
~~division (L)(2)(e) of this section to pay the costs it incurs in~~	41407
~~administering the grant program established by division (L)(4) of~~	41408
~~this section and in providing training and materials relating to~~	41409
~~drug abuse resistance education programs.~~	41410

~~The attorney general shall report to the governor and the~~	41411
~~general assembly each fiscal year on the progress made in~~	41412
~~establishing and implementing drug abuse resistance education~~	41413
~~programs. These reports shall include an evaluation of the~~	41414
~~effectiveness of these programs.~~	41415

(M) Suspension of a commercial driver's license under	41416
division (E) or (F) of this section shall be concurrent with any	41417
period of disqualification under section 3123.611 or 4506.16 of	41418
the Revised Code or any period of suspension under section 3123.58	41419
of the Revised Code. No person who is disqualified for life from	41420
holding a commercial driver's license under section 4506.16 of the	41421
Revised Code shall be issued a driver's license under Chapter	41422
4507. of the Revised Code during the period for which the	41423
commercial driver's license was suspended under division (E) or	41424
(F) of this section, and no person whose commercial driver's	41425
license is suspended under division (E) or (F) of this section	41426
shall be issued a driver's license under that chapter during the	41427
period of the suspension.	41428

(N)(1) Each county shall establish an indigent drivers	41429
alcohol treatment fund, each county shall establish a juvenile	41430
indigent drivers alcohol treatment fund, and each municipal	41431
corporation in which there is a municipal court shall establish an	41432
indigent drivers alcohol treatment fund. All revenue that the	41433
general assembly appropriates to the indigent drivers alcohol	41434
treatment fund for transfer to a county indigent drivers alcohol	41435
treatment fund, a county juvenile indigent drivers alcohol	41436
treatment fund, or a municipal indigent drivers alcohol treatment	41437
fund, all portions of fees that are paid under division (L) of	41438
this section and that are credited under that division to the	41439
indigent drivers alcohol treatment fund in the state treasury for	41440
a county indigent drivers alcohol treatment fund, a county	41441
juvenile indigent drivers alcohol treatment fund, or a municipal	41442
indigent drivers alcohol treatment fund, and all portions of fines	41443
that are specified for deposit into a county or municipal indigent	41444
drivers alcohol treatment fund by section 4511.193 of the Revised	41445
Code shall be deposited into that county indigent drivers alcohol	41446
treatment fund, county juvenile indigent drivers alcohol treatment	41447
fund, or municipal indigent drivers alcohol treatment fund in	41448
accordance with division (N)(2) of this section. Additionally, all	41449
portions of fines that are paid for a violation of section 4511.19	41450
of the Revised Code or division (B)(2) of section 4507.02 of the	41451
Revised Code, and that are required under division (A)(1), (2),	41452
(5), or (6) of section 4511.99 or division (B)(5) of section	41453
4507.99 of the Revised Code to be deposited into a county indigent	41454
drivers alcohol treatment fund or municipal indigent drivers	41455
alcohol treatment fund shall be deposited into the appropriate	41456
fund in accordance with the applicable division.	41457

(2) That portion of the license reinstatement fee that is	41458
paid under division (L) of this section and that is credited under	41459
that division to the indigent drivers alcohol treatment fund shall	41460
be deposited into a county indigent drivers alcohol treatment	41461
fund, a county juvenile indigent drivers alcohol treatment fund,	41462
or a municipal indigent drivers alcohol treatment fund as follows:	41463

(a) If the suspension in question was imposed under this	41464
section, that portion of the fee shall be deposited as follows:	41465

(i) If the fee is paid by a person who was charged in a	41466
county court with the violation that resulted in the suspension,	41467
the portion shall be deposited into the county indigent drivers	41468
alcohol treatment fund under the control of that court;	41469

(ii) If the fee is paid by a person who was charged in a	41470
juvenile court with the violation that resulted in the suspension,	41471
the portion shall be deposited into the county juvenile indigent	41472
drivers alcohol treatment fund established in the county served by	41473
the court;	41474

(iii) If the fee is paid by a person who was charged in a	41475
municipal court with the violation that resulted in the	41476
suspension, the portion shall be deposited into the municipal	41477
indigent drivers alcohol treatment fund under the control of that	41478
court.	41479

(b) If the suspension in question was imposed under division	41480
(B) of section 4507.16 of the Revised Code, that portion of the	41481
fee shall be deposited as follows:	41482

(i) If the fee is paid by a person whose license or permit	41483
was suspended by a county court, the portion shall be deposited	41484
into the county indigent drivers alcohol treatment fund under the	41485
control of that court;	41486

(ii) If the fee is paid by a person whose license or permit	41487
was suspended by a municipal court, the portion shall be deposited	41488
into the municipal indigent drivers alcohol treatment fund under	41489
the control of that court.	41490

(3) Expenditures from a county indigent drivers alcohol	41491
treatment fund, a county juvenile indigent drivers alcohol	41492
treatment fund, or a municipal indigent drivers alcohol treatment	41493
fund shall be made only upon the order of a county, juvenile, or	41494
municipal court judge and only for payment of the cost of the	41495
attendance at an alcohol and drug addiction treatment program of a	41496
person who is convicted of, or found to be a juvenile traffic	41497
offender by reason of, a violation of division (A) of section	41498
4511.19 of the Revised Code or a substantially similar municipal	41499
ordinance, who is ordered by the court to attend the alcohol and	41500
drug addiction treatment program, and who is determined by the	41501
court to be unable to pay the cost of attendance at the treatment	41502
program or for payment of the costs specified in division (N)(4)	41503
of this section in accordance with that division. The alcohol and	41504
drug addiction services board or the board of alcohol, drug	41505
addiction, and mental health services established pursuant to	41506
section 340.02 or 340.021 of the Revised Code and serving the	41507
alcohol, drug addiction, and mental health service district in	41508
which the court is located shall administer the indigent drivers	41509
alcohol treatment program of the court. When a court orders an	41510
offender or juvenile traffic offender to attend an alcohol and	41511
drug addiction treatment program, the board shall determine which	41512
program is suitable to meet the needs of the offender or juvenile	41513
traffic offender, and when a suitable program is located and space	41514
is available at the program, the offender or juvenile traffic	41515
offender shall attend the program designated by the board. A	41516
reasonable amount not to exceed five per cent of the amounts	41517
credited to and deposited into the county indigent drivers alcohol	41518
treatment fund, the county juvenile indigent drivers alcohol	41519
treatment fund, or the municipal indigent drivers alcohol	41520
treatment fund serving every court whose program is administered	41521
by that board shall be paid to the board to cover the costs it	41522
incurs in administering those indigent drivers alcohol treatment	41523
programs.	41524

(4) If a county, juvenile, or municipal court determines, in	41525
consultation with the alcohol and drug addiction services board or	41526
the board of alcohol, drug addiction, and mental health services	41527
established pursuant to section 340.02 or 340.021 of the Revised	41528
Code and serving the alcohol, drug addiction, and mental health	41529
district in which the court is located, that the funds in the	41530
county indigent drivers alcohol treatment fund, the county	41531
juvenile indigent drivers alcohol treatment fund, or the municipal	41532
indigent drivers alcohol treatment fund under the control of the	41533
court are more than sufficient to satisfy the purpose for which	41534
the fund was established, as specified in divisions (N)(1) to (3)	41535
of this section, the court may declare a surplus in the fund. If	41536
the court declares a surplus in the fund, the court may expend the	41537
amount of the surplus in the fund for alcohol and drug abuse	41538
assessment and treatment of persons who are charged in the court	41539
with committing a criminal offense or with being a delinquent	41540
child or juvenile traffic offender and in relation to whom both of	41541
the following apply:	41542

(a) The court determines that substance abuse was a	41543
contributing factor leading to the criminal or delinquent activity	41544
or the juvenile traffic offense with which the person is charged.	41545

(b) The court determines that the person is unable to pay the	41546
cost of the alcohol and drug abuse assessment and treatment for	41547
which the surplus money will be used.	41548

Sec. 4511.198. If the United States congress repeals the	41549
mandate established by Title III, Section 351 of the "Department	41550
of Transportation Appropriations Act of 2000," Public Law 106-346,	41551
114 Stat. 1356, requiring the secretary of transportation,	41552
beginning in fiscal year 2004, to withhold a percentage of a	41553
state's federal-aid highway money if that state has not enacted	41554
and is not enforcing a law that provides that any person with a	41555
blood alcohol concentration of eight-hundredths of one per cent or	41556
greater while operating a motor vehicle in the state is deemed to	41557
have committed a per se offense of driving while intoxicated or an	41558
equivalent per se offense, or if a federal court with jurisdiction	41559
over the entirety of this state declares the mandate to be	41560
unconstitutional or otherwise invalid, then, in lieu of the	41561
prohibited alcohol concentrations specified in sections 1547.11,	41562
4511.19, 4511.191, and 4511.197 of the Revised Code, the	41563
prohibited concentrations shall be as follows:	41564

(A) The prohibited alcohol concentration in a person's whole	41565
blood is ten-hundredths of one per cent by weight of alcohol per	41566
unit volume.	41567

(B) The prohibited alcohol concentration in a person's breath	41568
is ten-hundredths of one gram by weight of alcohol per two hundred	41569
ten liters of breath.	41570

(C) The prohibited alcohol concentration in a person's blood	41571
serum or plasma is twelve-hundredths of one per cent by weight per	41572
unit volume.	41573

(D) The prohibited alcohol concentration in a person's urine	41574
is fourteen-hundredths of one gram by weight of alcohol per one	41575
hundred milliliters of urine.	41576

Sec. 4511.33. Whenever any roadway has been divided into two	41577
or more clearly marked lanes for traffic, or wherever within	41578
municipal corporations traffic is lawfully moving in two or more	41579
substantially continuous lines in the same direction, the	41580
following rules apply:	41581

(A) A vehicle or trackless trolley shall be driven, as nearly	41582
as is practicable, entirely within a single lane or line of	41583
traffic and shall not be moved from such lane or line until the	41584
driver has first ascertained that such movement can be made with	41585
safety.	41586

(B) Upon a roadway which is divided into three lanes and	41587
provides for two-way movement of traffic, a vehicle or trackless	41588
trolley shall not be driven in the center lane except when	41589
overtaking and passing another vehicle or trackless trolley where	41590
the roadway is clearly visible and such center lane is clear of	41591
traffic within a safe distance, or when preparing for a left turn,	41592
or where such center lane is at the time allocated exclusively to	41593
traffic moving in the direction the vehicle or trackless trolley	41594
is proceeding and is posted with signs to give notice of such	41595
allocation.	41596

(C) Official signs may be erected directing specified traffic	41597
to use a designated lane or designating those lanes to be used by	41598
traffic moving in a particular direction regardless of the center	41599
of the roadway, or restricting the use of a particular lane to	41600
only buses during certain hours or during all hours, and drivers	41601
of vehicles and trackless trolleys shall obey the directions of	41602
such signs.	41603

(D) Official traffic control devices may be installed	41604
prohibiting the changing of lanes on sections of roadway and	41605
drivers of vehicles shall obey the directions of every such	41606
device.	41607

Sec. 4519.55. Application for a certificate of title for an	41608
off-highway motorcycle or all-purpose vehicle shall be made upon a	41609
form prescribed by the registrar of motor vehicles and shall be	41610
sworn to before a notary public or other officer empowered to	41611
administer oaths. The application shall be filed with the clerk of	41612
any court of common pleas. An application for a certificate of	41613
title may be filed electronically by any electronic means approved	41614
by the registrar in any county with the clerk of the court of	41615
common pleas of that county.	41616

If an application for a certificate of title is filed	41617
electronically by an electronic dealer on behalf of the purchaser	41618
of an off-highway motorcycle or all-purpose vehicle, the clerk	41619
shall retain the completed electronic record to which the dealer	41620
converted the certificate of title application and other required	41621
documents. The electronic dealer shall ~~forward~~retain the ~~actual~~	41622
original title application ~~and all other~~ documents ~~relating to the~~	41623
~~sale of the off-highway motorcycle or all-purpose vehicle to any~~	41624
~~clerk within thirty days after the certificate of title is issued.~~	41625
~~The registrar, after consultation with the attorney general, shall~~	41626
~~adopt rules that govern the location at which, and the manner in~~	41627
~~which, are stored the actual application and all other documents~~	41628
~~relating to the sale of an off-highway motorcycle or all-purpose~~	41629
~~vehicle when an electronic dealer files the application for a~~	41630
~~certificate of title electronically on behalf of the purchaser~~for	41631
a period of time determined by the registrar and shall make all of	41632
the documents available for inspection by the registrar upon the	41633
registrar's request.	41634

The application shall be accompanied by the fee prescribed in	41635
section 4519.59 of the Revised Code. The fee shall be retained by	41636
the clerk who issues the certificate of title and shall be	41637
distributed in accordance with that section. If a clerk of a court	41638
of common pleas, other than the clerk of the court of common pleas	41639
of an applicant's county of residence, issues a certificate of	41640
title to the applicant, the clerk shall transmit data related to	41641
the transaction to the automated title processing system.	41642

If a certificate of title previously has been issued for an	41643
off-highway motorcycle or all-purpose vehicle, the application	41644
also shall be accompanied by the certificate of title duly	41645
assigned, unless otherwise provided in this chapter. If a	41646
certificate of title previously has not been issued for the	41647
off-highway motorcycle or all-purpose vehicle, the application,	41648
unless otherwise provided in this chapter, shall be accompanied by	41649
a manufacturer's or importer's certificate; by a sworn statement	41650
of ownership; or by a certificate of title, bill of sale, or other	41651
evidence of ownership required by law of another state from which	41652
the off-highway motorcycle or all-purpose vehicle was brought into	41653
this state. The registrar, in accordance with Chapter 119. of the	41654
Revised Code, shall prescribe the types of additional	41655
documentation sufficient to establish proof of ownership,	41656
including, but not limited to, receipts from the purchase of parts	41657
or components, photographs, and affidavits of other persons.	41658

For purposes of the transfer of a certificate of title, if	41659
the clerk is satisfied that a secured party has duly discharged a	41660
lien notation but has not canceled the lien notation with a clerk,	41661
the clerk may cancel the lien notation on the automated title	41662
processing system and notify the clerk of the county of origin.	41663

In the case of the sale of an off-highway motorcycle or	41664
all-purpose vehicle by a dealer to a general purchaser or user,	41665
the certificate of title shall be obtained in the name of the	41666
purchaser by the dealer upon application signed by the purchaser.	41667
In all other cases, the certificate shall be obtained by the	41668
purchaser. In all cases of transfer of an off-highway motorcycle	41669
or all-purpose vehicle, the application for certificate of title	41670
shall be filed within thirty days after the later of the date of	41671
purchase or assignment of ownership of the off-highway motorcycle	41672
or all-purpose vehicle. If the application for certificate of	41673
title is not filed within thirty days after the later of the date	41674
of purchase or assignment of ownership of the off-highway	41675
motorcycle or all-purpose vehicle, the clerk shall charge a late	41676
filing fee of five dollars in addition to the fee prescribed by	41677
section 4519.59 of the Revised Code. The clerk shall retain the	41678
entire amount of each late filing fee.	41679

Except in the case of an off-highway motorcycle or	41680
all-purpose vehicle purchased prior to July 1, 1999, the clerk	41681
shall refuse to accept an application for certificate of title	41682
unless the applicant either tenders with the application payment	41683
of all taxes levied by or pursuant to Chapter 5739. or 5741. of	41684
the Revised Code based on the purchaser's county of residence, or	41685
submits either of the following:	41686

(A) A receipt issued by the tax commissioner or a clerk of	41687
courts showing payment of the tax;	41688

(B) An exemption certificate, in any form prescribed by the	41689
tax commissioner, that specifies why the purchase is not subject	41690
to the tax imposed by Chapter 5739. or 5741. of the Revised Code.	41691

Payment of the tax shall be made in accordance with division	41692
(E) of section 4505.06 of the Revised Code and any rules issued by	41693
the tax commissioner. When a dealer submits payment of the tax to	41694
the clerk, the dealer shall retain any discount to which the	41695
dealer is entitled under section 5739.12 of the Revised Code. The	41696
clerk shall issue a receipt in the form prescribed by the tax	41697
commissioner to any applicant who tenders payment of the tax with	41698
the application for a certificate of title. If the application for	41699
a certificate of title is for an off-highway motorcycle or	41700
all-purpose vehicle purchased prior to July 1, 1999, the clerk	41701
shall accept the application without payment of the taxes levied	41702
by or pursuant to Chapter 5739. or 5741. of the Revised Code or	41703
presentation of either of the items listed in division (A) or (B)	41704
of this section.	41705

For receiving and disbursing such taxes paid to the clerk by	41706
a resident of the clerk's county, the clerk may retain a poundage	41707
fee of one and one-hundredth per cent of the taxes collected,	41708
which shall be paid into the certificate of title administration	41709
fund created by section 325.33 of the Revised Code. The clerk	41710
shall not retain a poundage fee from payments of taxes by persons	41711
who do not reside in the clerk's county.	41712

A clerk, however, may retain from the taxes paid to the clerk	41713
an amount equal to the poundage fees associated with certificates	41714
of title issued by other clerks of courts of common pleas to	41715
applicants who reside in the first clerk's county. The registrar,	41716
in consultation with the tax commissioner and the clerks of the	41717
courts of common pleas, shall develop a report from the automated	41718
title processing system that informs each clerk of the amount of	41719
the poundage fees that the clerk is permitted to retain from those	41720
taxes because of certificates of title issued by the clerks of	41721
other counties to applicants who reside in the first clerk's	41722
county.	41723

In the case of casual sales of off-highway motorcycles or	41724
all-purpose vehicles that are subject to the tax imposed by	41725
Chapter 5739. or 5741. of the Revised Code, the purchase price for	41726
the purpose of determining the tax shall be the purchase price on	41727
an affidavit executed and filed with the clerk by the seller on a	41728
form to be prescribed by the registrar, which shall be prima-facie	41729
evidence of the price for the determination of the tax.	41730

In addition to the information required by section 4519.57 of	41731
the Revised Code, each certificate of title shall contain in bold	41732
lettering the following notification and statements: "WARNING TO	41733
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	41734
law to state the true selling price. A false statement is in	41735
violation of section 2921.13 of the Revised Code and is punishable	41736
by six months imprisonment or a fine of up to one thousand	41737
dollars, or both. All transfers are audited by the department of	41738
taxation. The seller and buyer must provide any information	41739
requested by the department of taxation. The buyer may be assessed	41740
any additional tax found to be due."	41741

The clerk shall forward all payments of taxes, less poundage	41742
fees, to the treasurer of state in a manner to be prescribed by	41743
the tax commissioner and shall furnish information to the	41744
commissioner as the commissioner may require.	41745

Every clerk shall have the capability to transact by	41746
electronic means all procedures and transactions relating to the	41747
issuance of certificates of title for off-highway motorcycles and	41748
all-purpose vehicles that are described in the Revised Code as	41749
being accomplished by electronic means.	41750

Sec. 4707.071. (A) On May 1, 1991, all persons licensed as	41751
auction companies under former section 4707.071 of the Revised	41752
Code shall comply with all provisions of this chapter that are	41753
applicable to auctioneers except as provided in divisions (B) and	41754
(C) of this section. Such persons, however, do not have to serve	41755
an apprenticeship or attend a course of study under section	41756
4707.09 of the Revised Code or submit to an examination under	41757
section 4707.08 of the Revised Code as long as they do not engage	41758
in the calling for, recognition of, and the acceptance of, offers	41759
for the purchase of personal property at auction and do not	41760
conduct auctions at any location other than the definite place of	41761
business required in section 4707.14 of the Revised Code.	41762

(B) The principal owner of each auction company ~~which~~that is	41763
licensed as of May 1, 1991, who pays the annual renewal fee	41764
specified in division ~~(A)~~(B) of section 4707.10 of the Revised	41765
Code during the first renewal period following May 1, 1991, shall	41766
be issued a special auctioneer's license, for the sale of personal	41767
property subject to division (A) of this section. Each principal	41768
owner shall apply for an annual license. In applying for an annual	41769
license, each person licensed as an auction company on May 1,	41770
1991, shall designate an individual as principal owner by	41771
submitting documentation substantiating that the individual is in	41772
fact the principal owner and shall identify a definite place of	41773
business as required in section 4707.14 of the Revised Code. A	41774
person licensed as an auctioneer shall not be entitled to a	41775
special auctioneer's license.	41776

(C) A special auctioneer's license issued under this section	41777
to the principal owner of a former auction company does not	41778
entitle the principal owner or former auction company to conduct	41779
auctions at any location other than the definite place of business	41780
required in section 4707.14 of the Revised Code. Notwithstanding	41781
section 4707.10 of the Revised Code, the department of agriculture	41782
shall not issue a new special auctioneer's license if the definite	41783
place of business identified by the licensee in the licensee's	41784
initial application for a special auctioneer license has changed	41785
or if the name under which the licensee is doing business has	41786
changed. No person other than an owner, officer, member, or agent	41787
of the former auction company who personally has passed the	41788
examination prescribed in section 4707.08 of the Revised Code and	41789
been licensed as an auctioneer shall engage in the calling for,	41790
recognition of, and the acceptance of, offers for the purchase of	41791
real or personal property, goods, or chattels at auction in	41792
connection with a former auction company that has been issued a	41793
special auctioneer's license.	41794

(D) A person licensed as a special auctioneer shall not	41795
engage in the sale of real property at auction.	41796

Sec. 4707.072. (A) For purposes of this section, the	41797
department of agriculture shall adopt rules in accordance with	41798
section 4707.19 of the Revised Code prescribing the fee that a	41799
license applicant must pay. Until those rules are adopted, a	41800
license applicant shall pay the fee established in this section.	41801

(B) The department ~~of agriculture~~ may grant one-auction	41802
licenses to any nonresident person deemed qualified by the	41803
department. Any person who applies for a one-auction license shall	41804
attest, on forms provided by the department, and furnish to the	41805
department, satisfactory proof that the license applicant or any	41806
auctioneer affiliated with the applicant meets the following	41807
requirements:	41808

~~(A)~~(1) Has a good reputation;

41809

~~(B)~~(2) Is of trustworthy character;

41810

~~(C)~~(3) Has attained the age of at least eighteen years;

41811

~~(D)~~(4) Has a general knowledge of the requirements of the	41812
Revised Code relative to auctioneers, the auction profession, and	41813
the principles involved in conducting an auction;	41814

~~(E)~~(5) Has two years of professional auctioneering experience	41815
immediately preceding the date of application and the experience	41816
includes the personal conduct by the applicant of at least twelve	41817
auction sales in any state, or has met the requirements of section	41818
4707.12 of the Revised Code;	41819

~~(F)~~(6) Has paid a fee of one hundred dollars~~, which shall be~~	41820
~~credited to the auctioneers fund~~;	41821

~~(G)~~(7) Has provided proof of financial responsibility as	41822
~~required under section 4707.11 of the Revised Code~~in the form of	41823
either an irrevocable letter of credit or a cash bond or a surety	41824
bond in the amount of fifty thousand dollars. If the applicant	41825
gives a surety bond, the bond shall be executed by a surety	41826
company authorized to do business in this state. A bond shall be	41827
made to the department and shall be conditioned that the applicant	41828
shall comply with this chapter and rules adopted under it,	41829
including refraining from conduct described in section 4707.15 of	41830
the Revised Code. All bonds shall be on a form approved by the	41831
director of agriculture.	41832

Sec. 4707.10. (A) For purposes of this section, the	41833
department of agriculture shall adopt rules in accordance with	41834
section 4707.19 of the Revised Code prescribing fees that	41835
licensees must pay and license renewal deadlines and procedures	41836
with which licensees must comply. Until those rules are adopted,	41837
licensees shall pay the fees and comply with the license renewal	41838
deadlines and procedures established in this section.	41839

(B) The fee for each auctioneer's, apprentice auctioneer's,	41840
or special auctioneer's license issued by the department of	41841
~~agriculture~~ is one hundred dollars, and the annual renewal fee for	41842
any such license is one hundred dollars. All licenses expire	41843
annually on the last day of June of each year and shall be renewed	41844
according to the standard renewal procedures of Chapter 4745. of	41845
the Revised Code, or the procedures of this section. Any licensee	41846
under this chapter who wishes to renew the licensee's license, but	41847
fails to do so before the first day of July shall reapply for	41848
licensure in the same manner and pursuant to the same requirements	41849
as for initial licensure, unless before the first day of September	41850
of the year of expiration, the former licensee pays to the	41851
department, in addition to the regular renewal fee, a late renewal	41852
penalty of one hundred dollars.	41853

~~(B)~~(C) Any person who fails to renew the person's license	41854
before the first day of July is prohibited from engaging in any	41855
activity specified or comprehended in section 4707.01 of the	41856
Revised Code until such time as the person's license is renewed or	41857
a new license is issued. Renewal of a license between the first	41858
day of July and the first day of September does not relieve any	41859
person from complying with this division. The department may	41860
refuse to renew the license of or issue a new license to any	41861
person who violates this division.	41862

~~(C)~~(D) The department shall prepare and deliver to each	41863
licensee a permanent license certificate and an ~~annual renewal~~	41864
identification card, the appropriate portion of which shall be	41865
carried on the person of the licensee at all times when engaged in	41866
any type of auction activity, and part of which shall be posted	41867
with the permanent certificate in a conspicuous location at the	41868
licensee's place of business.	41869

~~(D)~~(E) Notice in writing shall be given to the department by	41870
each auctioneer or apprentice auctioneer licensee of any change of	41871
principal business location or any change or addition to the name	41872
or names under which business is conducted, whereupon the	41873
department shall issue a new license for the unexpired period. Any	41874
change of business location or change or addition of names without	41875
notification to the department shall automatically cancel any	41876
license previously issued. For each new auctioneer or apprentice	41877
auctioneer license issued upon the occasion of a change in	41878
business location or a change in or an addition of names under	41879
which business is conducted, the department may collect a fee of	41880
ten dollars for each change in location, or name or each added	41881
name unless the notification of the change occurs concurrently	41882
with the renewal application.	41883

Sec. 4707.24. Except for the purposes of divisions (A) and	41884
(B) of section 4707.25 of the Revised Code, sections 4707.25 to	41885
4707.31 of the Revised Code do not apply with respect to a license	41886
issued under section 4707.072 of the Revised Code.	41887

Sec. 4709.12. (A) The barber board shall charge and collect	41888
the following fees:	41889

(1) For the application to take the barber examination, ~~sixty~~	41890
ninety dollars;	41891

(2) For an application to retake any part of the barber	41892
examination, ~~thirty~~forty-five dollars;	41893

(3) For the initial issuance of a license to practice as a	41894
barber, ~~twenty~~thirty dollars;	41895

(4) For the biennial renewal of the license to practice as a	41896
barber, ~~seventy-five~~one hundred ten dollars;	41897

(5) For the restoration of an expired barber license, one	41898
hundred dollars, and ~~fifty~~seventy-five dollars for each lapsed	41899
year, provided that the total fee shall not exceed ~~four~~six	41900
hundred ~~sixty~~ninety dollars;	41901

(6) For the issuance of a duplicate barber or shop license,	41902
~~thirty~~forty-five dollars;	41903

(7) For the inspection of a new barber shop, change of	41904
ownership, or reopening of premises or facilities formerly	41905
operated as a barber shop, and issuance of a shop license,	41906
~~seventy-five~~one hundred ten dollars;	41907

(8) For the biennial renewal of a barber shop license, ~~fifty~~	41908
seventy-five dollars;	41909

(9) For the restoration of a barber shop license,	41910
~~seventy-five~~one hundred ten dollars;	41911

(10) For each inspection of premises for location of a new	41912
barber school, or each inspection of premises for relocation of a	41913
currently licensed barber school, ~~five~~seven hundred fifty	41914
dollars;	41915

(11) For the initial barber school license, ~~five hundred~~one	41916
thousand dollars, and ~~five hundred~~one thousand dollars for the	41917
renewal of the license;	41918

(12) For the restoration of a barber school license, ~~six~~	41919
~~hundred~~one thousand dollars;	41920

(13) For the issuance of a student registration, ~~twenty-five~~	41921
forty dollars;	41922

(14) For the examination and issuance of a biennial teacher	41923
~~or assistant teacher~~ license, one hundred ~~twenty-five~~eighty-five	41924
dollars;	41925

(15) For the renewal of a biennial teacher ~~or assistant~~	41926
~~teacher~~ license, one hundred fifty dollars;	41927

(16) For the restoration of an expired teacher ~~or assistant~~	41928
~~teacher~~ license, ~~one~~two hundred ~~fifty~~twenty-five dollars, and	41929
~~forty~~sixty dollars for each lapsed year, provided that the total	41930
fee shall not exceed ~~three~~four hundred fifty dollars;	41931

(17) For the issuance of a barber license by reciprocity	41932
pursuant to section 4709.08 of the Revised Code, ~~two~~three hundred	41933
dollars;	41934

(18) For providing licensure information concerning an	41935
applicant, upon written request of the applicant, ~~twenty-five~~	41936
forty dollars.	41937

(B) The board, subject to the approval of the controlling	41938
board, may establish fees in excess of the amounts provided in	41939
this section, provided that the fees do not exceed the amounts	41940
permitted by this section by more than fifty per cent.	41941

Sec. 4717.07. (A) The board of embalmers and funeral	41942
directors shall charge and collect the following fees:	41943

(1) For the initial issuance or biennial renewal of an	41944
~~initial~~ embalmer's or funeral director's license, ~~five~~one hundred	41945
forty dollars;	41946

(2) For the issuance of an embalmer or funeral director	41947
registration, ~~twenty-five~~one hundred dollars;	41948

(3) For filing an embalmer or funeral director certificate of	41949
apprenticeship, ~~ten~~fifty dollars;	41950

(4) For the application to take the examination for a license	41951
to practice as an embalmer or funeral director, or to retake a	41952
section of the examination, thirty-five dollars;	41953

(5) ~~For the biennial renewal of an embalmer's or funeral~~	41954
~~director's license, one hundred twenty dollars;~~	41955

~~(6)~~ For the initial issuance of a license to operate a	41956
funeral home, ~~one~~two hundred ~~twenty-five~~fifty dollars and	41957
biennial renewal of a license to operate a funeral home, two	41958
hundred fifty dollars;	41959

~~(7)~~(6) For the reinstatement of a lapsed embalmer's or	41960
funeral director's license, the renewal fee prescribed in division	41961
(A)(5) of this section plus fifty dollars for each month or	41962
portion of a month the license is lapsed until reinstatement;	41963

~~(8)~~(7) For the reinstatement of a lapsed license to operate a	41964
funeral home, the renewal fee prescribed in division (A)(6) of	41965
this section plus fifty dollars for each month or portion of a	41966
month the license is lapsed until reinstatement;	41967

~~(9)~~(8) For the initial issuance of a license to operate an	41968
embalming facility, ~~one~~two hundred dollars and biennial renewal	41969
of a license to operate an embalming facility, two hundred	41970
dollars;	41971

~~(10)~~(9) For the reinstatement of a lapsed license to operate	41972
an embalming facility, the renewal fee prescribed in division	41973
(A)(9) of this section plus fifty dollars for each month or	41974
portion of a month the license is lapsed until reinstatement;	41975

~~(11)~~(10) For the initial issuance of a license to operate a	41976
crematory facility, ~~one~~two hundred dollars and biennial renewal	41977
of a license to operate a crematory facility, two hundred dollars;	41978

~~(12)~~(11) For the reinstatement of a lapsed license to operate	41979
a crematory facility, the renewal fee prescribed in division	41980
(A)(11) of this section plus fifty dollars for each month or	41981
portion of a month the license is lapsed until reinstatement;	41982

~~(13)~~(12) For the issuance of a duplicate of a license issued	41983
under this chapter, four dollars.	41984

(B) In addition to the fees set forth in division (A) of this	41985
section, an applicant shall pay the examination fee assessed by	41986
any examining agency the board uses for any section of an	41987
examination required under this chapter.	41988

(C) Subject to the approval of the controlling board, the	41989
board of embalmers and funeral directors may establish fees in	41990
excess of the amounts set forth in this section, provided that	41991
these fees do not exceed the amounts set forth in this section by	41992
more than fifty per cent.	41993

Sec. 4717.09. (A) Every two years, licensed embalmers and	41994
funeral directors shall attend between twelve and thirty hours of	41995
educational programs as a condition for renewal of their licenses.	41996
The board of embalmers and funeral directors shall adopt rules	41997
governing the administration and enforcement of the continuing	41998
education requirements of this section. The board may contract	41999
with a professional organization or association or other third	42000
party to assist it in performing functions necessary to administer	42001
and enforce the continuing education requirements of this section.	42002
A professional organization or association or other third party	42003
with whom the board so contracts may charge a reasonable fee for	42004
performing these functions to licensees or to the persons who	42005
provide continuing education programs.	42006

(B) A person holding both an embalmer's license and a funeral	42007
director's license need meet only the continuing education	42008
requirements established by the board for one or the other of	42009
those licenses in order to satisfy the requirement of division (A)	42010
of this section.	42011

(C) The board shall not renew the license of a licensee who	42012
fails to meet the continuing education requirements of this	42013
section and who has not been granted a waiver or exemption under	42014
division (D) or (E) of this section.	42015

(D) Any licensee who fails to meet the continuing education	42016
requirements of this section because of undue hardship or	42017
disability, or who is not actively engaged in the practice of	42018
funeral directing or embalming in this state, may apply to the	42019
board for a waiver or an exemption. ~~The~~	42020

(E) A licensee who has been an embalmer or a funeral director	42021
for not less than fifty years and is not actually in charge of an	42022
embalming facility or funeral home may apply to the board for an	42023
exemption.	42024

(F) The board shall determine, by rule, the procedures for	42025
applying for a waiver or an exemption from continuing education	42026
requirements under this section and under what conditions a waiver	42027
or an exemption may be granted.	42028

Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of	42029
the Revised Code:	42030

(1) "Affiliate" means a business entity that is owned by,	42031
operated by, controlled by, or under common control with another	42032
business entity.	42033

(2) "Communication" means a written or oral notification or	42034
advertisement that meets both of the following criteria, as	42035
applicable:	42036

(a) The notification or advertisement is transmitted by or on	42037
behalf of the seller of goods or services and by or through any	42038
printed, audio, video, cinematic, telephonic, or electronic means.	42039

(b) In the case of a notification or advertisement other than	42040
by telephone, either of the following conditions is met:	42041

(i) The notification or advertisement is followed by a	42042
telephone call from a telephone solicitor or salesperson.	42043

(ii) The notification or advertisement invites a response by	42044
telephone, and, during the course of that response, a telephone	42045
solicitor or salesperson attempts to make or makes a sale of goods	42046
or services. As used in division (A)(2)(b)(ii) of this section,	42047
"invites a response by telephone" excludes the mere listing or	42048
inclusion of a telephone number in a notification or	42049
advertisement.	42050

(3) "Gift, award, or prize" means anything of value that is	42051
offered or purportedly offered, or given or purportedly given by	42052
chance, at no cost to the receiver and with no obligation to	42053
purchase goods or services. As used in this division, "chance"	42054
includes a situation in which a person is guaranteed to receive an	42055
item and, at the time of the offer or purported offer, the	42056
telephone solicitor does not identify the specific item that the	42057
person will receive.	42058

(4) "Goods or services" means any real property or any	42059
tangible or intangible personal property, or services of any kind	42060
provided or offered to a person. "Goods or services" includes, but	42061
is not limited to, advertising; labor performed for the benefit of	42062
a person; personal property intended to be attached to or	42063
installed in any real property, regardless of whether it is so	42064
attached or installed; timeshare estates or licenses; and extended	42065
service contracts.	42066

(5) "Purchaser" means a person that is solicited to become or	42067
does become financially obligated as a result of a telephone	42068
solicitation.	42069

(6) "Salesperson" means an individual who is employed,	42070
appointed, or authorized by a telephone solicitor to make	42071
telephone solicitations but does not mean any of the following:	42072

(a) An individual who comes within one of the exemptions in	42073
division (B) of this section;	42074

(b) An individual employed, appointed, or authorized by a	42075
person who comes within one of the exemptions in division (B) of	42076
this section;	42077

(c) An individual under a written contract with a person who	42078
comes within one of the exemptions in division (B) of this	42079
section, if liability for all transactions with purchasers is	42080
assumed by the person so exempted.	42081

(7) "Telephone solicitation" means a communication to a	42082
person that meets both of the following criteria:	42083

(a) The communication is initiated by or on behalf of a	42084
telephone solicitor or by a salesperson.	42085

(b) The communication either represents a price or the	42086
quality or availability of goods or services or is used to induce	42087
the person to purchase goods or services, including, but not	42088
limited to, inducement through the offering of a gift, award, or	42089
prize.	42090

(8) "Telephone solicitor" means a person that engages in	42091
telephone solicitation directly or through one or more	42092
salespersons either from a location in this state, or from a	42093
location outside this state to persons in this state. "Telephone	42094
solicitor" includes, but is not limited to, any such person that	42095
is an owner, operator, officer, or director of, partner in, or	42096
other individual engaged in the management activities of, a	42097
business.	42098

(B) A telephone solicitor is exempt from the provisions of	42099
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	42100
Code if the telephone solicitor is any one of the following:	42101

(1) A person engaging in a telephone solicitation that is a	42102
one-time or infrequent transaction not done in the course of a	42103
pattern of repeated transactions of a like nature;	42104

(2) A person engaged in telephone solicitation solely for	42105
religious or political purposes; a charitable organization,	42106
fund-raising counsel, or professional solicitor in compliance with	42107
the registration and reporting requirements of Chapter 1716. of	42108
the Revised Code; or any person or other entity exempt under	42109
section 1716.03 of the Revised Code from filing a registration	42110
statement under section 1716.02 of the Revised Code;	42111

(3) A person, making a telephone solicitation involving a	42112
home solicitation sale as defined in section 1345.21 of the	42113
Revised Code, that makes the sales presentation and completes the	42114
sale at a later, face-to-face meeting between the seller and the	42115
purchaser rather than during the telephone solicitation. However,	42116
if the person, following the telephone solicitation, causes	42117
another person to collect the payment of any money, this exemption	42118
does not apply.	42119

(4) A licensed securities, commodities, or investment broker,	42120
dealer, investment advisor, or associated person when making a	42121
telephone solicitation within the scope of the person's license.	42122
As used in division (B)(4) of this section, "licensed securities,	42123
commodities, or investment broker, dealer, investment advisor, or	42124
associated person" means a person subject to licensure or	42125
registration as such by the securities and exchange commission;	42126
the National Association of Securities Dealers or other	42127
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	42128
the division of securities under Chapter 1707. of the Revised	42129
Code; or by an official or agency of any other state of the United	42130
States.	42131

(5)(a) A person primarily engaged in soliciting the sale of a	42132
newspaper of general circulation;	42133

(b) As used in division (B)(5)(a) of this section, "newspaper	42134
of general circulation" includes, but is not limited to, both of	42135
the following:	42136

(i) A newspaper that is a daily law journal designated as an	42137
official publisher of court calendars pursuant to section 2701.09	42138
of the Revised Code;	42139

(ii) A newspaper or publication that has at least twenty-five	42140
per cent editorial, non-advertising content, exclusive of inserts,	42141
measured relative to total publication space, and an audited	42142
circulation to at least fifty per cent of the households in the	42143
newspaper's retail trade zone as defined by the audit.	42144

(6)(a) An issuer, or its subsidiary, that has a class of	42145
securities to which all of the following apply:	42146

(i) The class of securities is subject to section 12 of the	42147
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	42148
registered or is exempt from registration under 15 U.S.C.A.	42149
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	42150

(ii) The class of securities is listed on the New York stock	42151
exchange, the American stock exchange, or the NASDAQ national	42152
market system;	42153

(iii) The class of securities is a reported security as	42154
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	42155

(b) An issuer, or its subsidiary, that formerly had a class	42156
of securities that met the criteria set forth in division	42157
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	42158
net worth in excess of one hundred million dollars, files or its	42159
parent files with the securities and exchange commission an S.E.C.	42160
form 10-K, and has continued in substantially the same business	42161
since it had a class of securities that met the criteria in	42162
division (B)(6)(a) of this section. As used in division (B)(6)(b)	42163
of this section, "issuer" and "subsidiary" include the successor	42164
to an issuer or subsidiary.	42165

(7) A person soliciting a transaction regulated by the	42166
commodity futures trading commission, if the person is registered	42167
or temporarily registered for that activity with the commission	42168
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	42169
registration has not expired or been suspended or revoked;	42170

(8) A person soliciting the sale of any book, record, audio	42171
tape, compact disc, or video, if the person allows the purchaser	42172
to review the merchandise for at least seven days and provides a	42173
full refund within thirty days to a purchaser who returns the	42174
merchandise or if the person solicits the sale on behalf of a	42175
membership club operating in compliance with regulations adopted	42176
by the federal trade commission in 16 C.F.R. 425;	42177

(9) A supervised financial institution or its subsidiary. As	42178
used in division (B)(9) of this section, "supervised financial	42179
institution" means a bank, trust company, savings and loan	42180
association, savings bank, credit union, industrial loan company,	42181
consumer finance lender, commercial finance lender, or institution	42182
described in section 2(c)(2)(F) of the "Bank Holding Company Act	42183
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	42184
official or agency of the United States, this state, or any other	42185
state of the United States; or a licensee or registrant under	42186
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	42187
1321.83 of the Revised Code.	42188

(10)(a) An insurance company, association, or other	42189
organization that is licensed or authorized to conduct business in	42190
this state by the superintendent of insurance pursuant to Title	42191
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	42192
when soliciting within the scope of its license or authorization.	42193

(b) A licensed insurance broker, agent, or solicitor when	42194
soliciting within the scope of the person's license. As used in	42195
division (B)(10)(b) of this section, "licensed insurance broker,	42196
agent, or solicitor" means any person licensed as an insurance	42197
broker, agent, or solicitor by the superintendent of insurance	42198
pursuant to Title XXXIX of the Revised Code.	42199

(11) A person soliciting the sale of services provided by a	42200
cable television system operating under authority of a	42201
governmental franchise or permit;	42202

(12) A person soliciting a business-to-business sale under	42203
which any of the following conditions are met:	42204

(a) The telephone solicitor has been operating continuously	42205
for at least three years under the same business name under which	42206
it solicits purchasers, and at least fifty-one per cent of its	42207
gross dollar volume of sales consists of repeat sales to existing	42208
customers to whom it has made sales under the same business name.	42209

(b) The purchaser business intends to resell the goods	42210
purchased.	42211

(c) The purchaser business intends to use the goods or	42212
services purchased in a recycling, reuse, manufacturing, or	42213
remanufacturing process.	42214

(d) The telephone solicitor is a publisher of a periodical or	42215
of magazines distributed as controlled circulation publications as	42216
defined in division (CC) of section 5739.01 of the Revised Code	42217
and is soliciting sales of advertising, subscriptions, reprints,	42218
lists, information databases, conference participation or	42219
sponsorships, trade shows or media products related to the	42220
periodical or magazine, or other publishing services provided by	42221
the controlled circulation publication.	42222

(13) A person that, not less often than once each year,	42223
publishes and delivers to potential purchasers a catalog that	42224
complies with both of the following:	42225

(a) It includes all of the following:

42226

(i) The business address of the seller;

42227

(ii) A written description or illustration of each good or	42228
service offered for sale;	42229

(iii) A clear and conspicuous disclosure of the sale price of	42230
each good or service; shipping, handling, and other charges; and	42231
return policy;	42232

(b) One of the following applies:

42233

(i) The catalog includes at least twenty-four pages of	42234
written material and illustrations, is distributed in more than	42235
one state, and has an annual postage-paid mail circulation of not	42236
less than two hundred fifty thousand households;	42237

(ii) The catalog includes at least ten pages of written	42238
material or an equivalent amount of material in electronic form on	42239
the internet or an on-line computer service, the person does not	42240
solicit customers by telephone but solely receives telephone calls	42241
made in response to the catalog, and during the calls the person	42242
takes orders but does not engage in further solicitation of the	42243
purchaser. As used in division (B)(13)(b)(ii) of this section,	42244
"further solicitation" does not include providing the purchaser	42245
with information about, or attempting to sell, any other item in	42246
the catalog that prompted the purchaser's call or in a	42247
substantially similar catalog issued by the seller.	42248

(14) A political subdivision or instrumentality of the United	42249
States, this state, or any state of the United States;	42250

(15) A college or university or any other public or private	42251
institution of higher education in this state;	42252

(16) A public utility as defined in section 4905.02 of the	42253
Revised Code or a retail natural gas supplier as defined in	42254
section 4929.01 of the Revised Code, if the utility or supplier is	42255
subject to regulation by the public utilities commission, or the	42256
affiliate of the utility or supplier;	42257

(17) ~~A travel agency or tour promoter that is registered in~~	42258
~~compliance with section 1333.96 of the Revised Code when~~	42259
~~soliciting within the scope of the agency's or promoter's~~	42260
~~registration;~~	42261

~~(18)~~ A person that solicits sales through a television	42262
program or advertisement that is presented in the same market area	42263
no fewer than twenty days per month or offers for sale no fewer	42264
than ten distinct items of goods or services; and offers to the	42265
purchaser an unconditional right to return any good or service	42266
purchased within a period of at least seven days and to receive a	42267
full refund within thirty days after the purchaser returns the	42268
good or cancels the service;	42269

~~(19)~~(18)(a) A person that, for at least one year, has been	42270
operating a retail business under the same name as that used in	42271
connection with telephone solicitation and both of the following	42272
occur on a continuing basis:	42273

(i) The person either displays goods and offers them for	42274
retail sale at the person's business premises or offers services	42275
for sale and provides them at the person's business premises.	42276

(ii) At least fifty-one per cent of the person's gross dollar	42277
volume of retail sales involves purchases of goods or services at	42278
the person's business premises.	42279

(b) An affiliate of a person that meets the requirements in	42280
division (B)~~(19)~~(18)(a) of this section if the affiliate meets all	42281
of the following requirements:	42282

(i) The affiliate has operated a retail business for a period	42283
of less than one year;	42284

(ii) The affiliate either displays goods and offers them for	42285
retail sale at the affiliate's business premises or offers	42286
services for sale and provides them at the affiliate's business	42287
premises;	42288

(iii) At least fifty-one per cent of the affiliate's gross	42289
dollar volume of retail sales involves purchases of goods or	42290
services at the affiliate's business premises.	42291

(c) A person that, for a period of less than one year, has	42292
been operating a retail business in this state under the same name	42293
as that used in connection with telephone solicitation, as long as	42294
all of the following requirements are met:	42295

(i) The person either displays goods and offers them for	42296
retail sale at the person's business premises or offers services	42297
for sale and provides them at the person's business premises;	42298

(ii) The goods or services that are the subject of telephone	42299
solicitation are sold at the person's business premises, and at	42300
least sixty-five per cent of the person's gross dollar volume of	42301
retail sales involves purchases of goods or services at the	42302
person's business premises;	42303

(iii) The person conducts all telephone solicitation	42304
activities according to sections 310.3, 310.4, and 310.5 of the	42305
telemarketing sales rule adopted by the federal trade commission	42306
in 16 C.F.R. part 310.	42307

~~(20)~~(19) A person who performs telephone solicitation sales	42308
services on behalf of other persons and to whom one of the	42309
following applies:	42310

(a) The person has operated under the same ownership,	42311
control, and business name for at least five years, and the person	42312
receives at least seventy-five per cent of its gross revenues from	42313
written telephone solicitation contracts with persons who come	42314
within one of the exemptions in division (B) of this section.	42315

(b) The person is an affiliate of one or more exempt persons	42316
and makes telephone solicitations on behalf of only the exempt	42317
persons of which it is an affiliate.	42318

(c) The person makes telephone solicitations on behalf of	42319
only exempt persons, the person and each exempt person on whose	42320
behalf telephone solicitations are made have entered into a	42321
written contract that specifies the manner in which the telephone	42322
solicitations are to be conducted and that at a minimum requires	42323
compliance with the telemarketing sales rule adopted by the	42324
federal trade commission in 16 C.F.R. part 310, and the person	42325
conducts the telephone solicitations in the manner specified in	42326
the written contract.	42327

(d) The person performs telephone solicitation for religious	42328
or political purposes, a charitable organization, a fund-raising	42329
council, or a professional solicitor in compliance with the	42330
registration and reporting requirements of Chapter 1716. of the	42331
Revised Code; and meets all of the following requirements:	42332

(i) The person has operated under the same ownership,	42333
control, and business name for at least five years, and the person	42334
receives at least fifty-one per cent of its gross revenues from	42335
written telephone solicitation contracts with persons who come	42336
within the exemption in division (B)(2) of this section;	42337

(ii) The person does not conduct a prize promotion or offer	42338
the sale of an investment opportunity; and	42339

(iii) The person conducts all telephone solicitation	42340
activities according to sections 310.3, 310.4, and 310.5 of the	42341
telemarketing sales rules adopted by the federal trade commission	42342
in 16 C.F.R. part 310.	42343

~~(21)~~(20) A person that is a licensed real estate salesperson	42344
or broker under Chapter 4735. of the Revised Code when soliciting	42345
within the scope of the person's license;	42346

~~(22)~~(21)(a) Either of the following:

42347

(i) A publisher that solicits the sale of the publisher's	42348
periodical or magazine of general, paid circulation, or a person	42349
that solicits a sale of that nature on behalf of a publisher under	42350
a written agreement directly between the publisher and the person.	42351

(ii) A publisher that solicits the sale of the publisher's	42352
periodical or magazine of general, paid circulation, or a person	42353
that solicits a sale of that nature as authorized by a publisher	42354
under a written agreement directly with a publisher's	42355
clearinghouse provided the person is a resident of Ohio for more	42356
than three years and initiates all telephone solicitations from	42357
Ohio and the person conducts the solicitation and sale in	42358
compliance with 16 C.F.R. Part 310, as adopted by the federal	42359
trade commission.	42360

(b) As used in division (B)~~(22)~~(21) of this section,	42361
"periodical or magazine of general, paid circulation" excludes a	42362
periodical or magazine circulated only as part of a membership	42363
package or given as a free gift or prize from the publisher or	42364
person.	42365

~~(23)~~(22) A person that solicits the sale of food, as defined	42366
in section 3715.01 of the Revised Code, or the sale of products of	42367
horticulture, as defined in section 5739.01 of the Revised Code,	42368
if the person does not intend the solicitation to result in, or	42369
the solicitation actually does not result in, a sale that costs	42370
the purchaser an amount greater than five hundred dollars.	42371

~~(24)~~(23) A funeral director licensed pursuant to Chapter	42372
4717. of the Revised Code when soliciting within the scope of that	42373
license, if both of the following apply:	42374

(a) The solicitation and sale are conducted in compliance	42375
with 16 C.F.R. part 453, as adopted by the federal trade	42376
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	42377
the Revised Code;	42378

(b) The person provides to the purchaser of any preneed	42379
funeral contract a notice that clearly and conspicuously sets	42380
forth the cancellation rights specified in division (G) of section	42381
1107.33 of the Revised Code, and retains a copy of the notice	42382
signed by the purchaser.	42383

~~(25)~~(24) A person, or affiliate thereof, licensed to sell or	42384
issue Ohio instruments designated as travelers checks pursuant to	42385
sections 1315.01 to 1315.11 of the Revised Code.	42386

~~(26)~~(25) A person that solicits sales from its previous	42387
purchasers and meets all of the following requirements:	42388

(a) The solicitation is made under the same business name	42389
that was previously used to sell goods or services to the	42390
purchaser;	42391

(b) The person has, for a period of not less than three	42392
years, operated a business under the same business name as that	42393
used in connection with telephone solicitation;	42394

(c) The person does not conduct a prize promotion or offer	42395
the sale of an investment opportunity;	42396

(d) The person conducts all telephone solicitation activities	42397
according to sections 310.3, 310.4, and 310.5 of the telemarketing	42398
sales rules adopted by the federal trade commission in 16 C.F.R.	42399
part 310;	42400

(e) Neither the person nor any of its principals has been	42401
convicted of, pleaded guilty to, or has entered a plea of no	42402
contest for a felony or a theft offense as defined in sections	42403
2901.02 and 2913.01 of the Revised Code or similar law of another	42404
state or of the United States;	42405

(f) Neither the person nor any of its principals has had	42406
entered against them an injunction or a final judgment or order,	42407
including an agreed judgment or order, an assurance of voluntary	42408
compliance, or any similar instrument, in any civil or	42409
administrative action involving engaging in a pattern of corrupt	42410
practices, fraud, theft, embezzlement, fraudulent conversion, or	42411
misappropriation of property; the use of any untrue, deceptive, or	42412
misleading representation; or the use of any unfair, unlawful,	42413
deceptive, or unconscionable trade act or practice.	42414

~~(27)~~(26) An institution defined as a home health agency in	42415
section 3701.88 of the Revised Code, that conducts all telephone	42416
solicitation activities according to sections 310.3, 310.4, and	42417
310.5 of the telemarketing sales rules adopted by the federal	42418
trade commission in 16 C.F.R. part 310, and engages in telephone	42419
solicitation only within the scope of the institution's	42420
certification, accreditation, contract with the department of	42421
aging, or status as a home health agency; and that meets one of	42422
the following requirements:	42423

(a) The institution is certified as a provider of home health	42424
services under Title XVIII of the Social Security Act, 49 Stat.	42425
620, 42 U.S.C. 301, as amended; and is registered with the	42426
department of health pursuant to division (B) of section 3701.88	42427
of the Revised Code;	42428

(b) The institution is accredited by either the joint	42429
commission on accreditation of health care organizations or the	42430
community health accreditation program;	42431

(c) The institution is providing passport services under the	42432
direction of the Ohio department of aging under section 173.40 of	42433
the Revised Code;	42434

(d) An affiliate of an institution that meets the	42435
requirements of division (B)~~(27)~~(26)(a), (b), or (c) of this	42436
section when offering for sale substantially the same goods and	42437
services as those that are offered by the institution that meets	42438
the requirements of division (B)~~(27)~~(26)(a), (b), or (c) of this	42439
section.	42440

~~(28)~~(27) A person licensed to provide a hospice care program	42441
by the department of health pursuant to section 3712.04 of the	42442
Revised Code when conducting telephone solicitations within the	42443
scope of the person's license and according to sections 310.3,	42444
310.4, and 310.5 of the telemarketing sales rules adopted by the	42445
federal trade commission in 16 C.F.R. part 310.	42446

Sec. 4723.06. (A) The board of nursing shall:

42447

(1) Administer and enforce the provisions of this chapter,	42448
including the taking of disciplinary action for violations of	42449
section 4723.28 of the Revised Code, any other provisions of this	42450
chapter, or rules adopted under this chapter;	42451

(2) Develop criteria that an applicant must meet to be	42452
eligible to sit for the examination for licensure to practice as a	42453
registered nurse or as a licensed practical nurse;	42454

(3) Issue and renew nursing licenses and dialysis technician	42455
certificates, as provided in this chapter;	42456

(4) Define the minimum curricula and standards for	42457
educational programs of the schools of professional nursing and	42458
schools of practical nursing in this state;	42459

(5) Survey, inspect, and grant full approval to prelicensure	42460
nursing education programs that meet the standards established by	42461
rules adopted under section 4723.07 of the Revised Code.	42462
Prelicensure nursing education programs include, but are not	42463
limited to, associate degree, baccalaureate degree, diploma, and	42464
doctor of nursing programs leading to initial licensure to	42465
practice nursing as a registered nurse and practical nurse	42466
programs leading to initial licensure to practice nursing as a	42467
licensed practical nurse.	42468

(6) Grant conditional approval, by a vote of a quorum of the	42469
board, to a new prelicensure nursing education program or a	42470
program that is being reestablished after having ceased to	42471
operate, if the program meets and maintains the minimum standards	42472
of the board established by rules adopted under section 4723.07 of	42473
the Revised Code. If the board does not grant conditional	42474
approval, it shall hold an adjudication under Chapter 119. of the	42475
Revised Code to consider conditional approval of the program. If	42476
the board grants conditional approval, at its first meeting after	42477
the first class has completed the program, the board shall	42478
determine whether to grant full approval to the program. If the	42479
board does not grant full approval or if it appears that the	42480
program has failed to meet and maintain standards established by	42481
rules adopted under section 4723.07 of the Revised Code, the board	42482
shall hold an adjudication under Chapter 119. of the Revised Code	42483
to consider the program. Based on results of the adjudication, the	42484
board may continue or withdraw conditional approval, or grant full	42485
approval.	42486

(7) Place on provisional approval, for a period of time	42487
specified by the board, a program that has ceased to meet and	42488
maintain the minimum standards of the board established by rules	42489
adopted under section 4723.07 of the Revised Code. At the end of	42490
the period, the board shall reconsider whether the program meets	42491
the standards and shall grant full approval if it does. If it does	42492
not, the board may withdraw approval, pursuant to an adjudication	42493
under Chapter 119. of the Revised Code.	42494

(8) Approve continuing nursing education programs and courses	42495
under standards established in rules adopted under section 4723.07	42496
of the Revised Code;	42497

(9) Approve peer support programs, under rules adopted under	42498
section 4723.07 of the Revised Code, for nurses and for dialysis	42499
technicians;	42500

(10) Establish a program for monitoring chemical dependency	42501
in accordance with section 4723.35 of the Revised Code;	42502

(11) Establish the practice intervention and improvement	42503
program in accordance with section 4723.282 of the Revised Code;	42504

(12) Issue and renew certificates of authority to practice	42505
nursing as a certified registered nurse anesthetist, clinical	42506
nurse specialist, certified nurse-midwife, or certified nurse	42507
practitioner;	42508

(13) Approve under section 4723.46 of the Revised Code	42509
national certifying organizations for examination and	42510
certification of certified registered nurse anesthetists, clinical	42511
nurse specialists, certified nurse-midwives, or certified nurse	42512
practitioners;	42513

(14) Issue and renew certificates to prescribe in accordance	42514
with sections 4723.48 and 4723.485 of the Revised Code;	42515

(15) Grant approval to the planned classroom and clinical	42516
study required by section 4723.483 of the Revised Code to be	42517
eligible for a certificate to prescribe;	42518

(16) Make an annual edition of the formulary established in	42519
rules adopted under section 4723.50 of the Revised Code available	42520
to the public either in printed form or by electronic means and,	42521
as soon as possible after any revision of the formulary becomes	42522
effective, make the revision available to the public in printed	42523
form or by electronic means;	42524

(17) Provide guidance and make recommendations to the general	42525
assembly, the governor, state agencies, and the federal government	42526
with respect to the regulation of the practice of nursing and the	42527
enforcement of this chapter;	42528

(18) Make an annual report to the governor, which shall be	42529
open for public inspection;	42530

(19) Maintain and have open for public inspection the	42531
following records:	42532

(a) A record of all its meetings and proceedings;

42533

(b) A file of holders of nursing licenses, registrations, and	42534
certificates granted under this chapter and dialysis technician	42535
certificates granted under this chapter. The file shall be	42536
maintained in the form prescribed by rule of the board.	42537

(c) A list of prelicensure nursing education programs	42538
approved by the board;	42539

(d) A list of approved peer support programs for nurses and	42540
dialysis technicians.	42541

(B) The board may fulfill the requirement of division (A)(8)	42542
of this section by authorizing persons who meet the standards	42543
established in rules adopted under section 4723.07 of the Revised	42544
Code to approve continuing nursing education programs and courses.	42545
Persons so authorized shall approve continuing nursing education	42546
programs and courses in accordance with standards established in	42547
rules adopted under section 4723.07 of the Revised Code.	42548

Persons seeking authorization to approve continuing nursing	42549
education programs and courses shall apply to the board and pay	42550
the appropriate fee established under section 4723.08 of the	42551
Revised Code. Authorizations to approve continuing nursing	42552
education programs and courses shall expire, and may be renewed	42553
according to the schedule established in rules adopted under	42554
section ~~4732.07~~4723.07 of the Revised Code.	42555

In addition to approving continuing nursing education	42556
programs under division (A)(8) of this section, the board may	42557
sponsor continuing education activities that are directly related	42558
to the statutes and rules pertaining to the practice of nursing in	42559
this state.	42560

Sec. 4723.063. (A) As used in this section:

42561

(1) "Health care facility" means:

42562

(a) A hospital registered under section 3701.07 of the	42563
Revised Code;	42564

(b) A nursing home licensed under section 3721.02 of the	42565
Revised Code, or by a political subdivision certified under	42566
section 3721.09 of the Revised Code;	42567

(c) A county home or a county nursing home as defined in	42568
section 5155.31 of the Revised Code that is certified under Title	42569
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	42570
U.S.C. 301, amended;	42571

(d) A freestanding dialysis center;

42572

(e) A freestanding inpatient rehabilitation facility;

42573

(f) An ambulatory surgical facility;

42574

(g) A freestanding cardiac catheterization facility;

42575

(h) A freestanding birthing center;

42576

(i) A freestanding or mobile diagnostic imaging center;

42577

(j) A freestanding radiation therapy center.

42578

(2) "Nurse education program" means a prelicensure nurse	42579
education program approved by the board of nursing under section	42580
4723.06 of the Revised Code or a postlicensure nurse education	42581
program approved by the board of regents under section 3333.04 of	42582
the Revised Code.	42583

(B) The state board of nursing shall establish and administer	42584
the nurse education grant program. Under the program, the board	42585
shall award grants to nurse education programs that have	42586
partnerships with other nurse education programs or health care	42587
facilities. Grant recipients shall use the money to fund	42588
partnerships to increase the nurse education program's enrollment	42589
capacity. Methods of increasing a program's enrollment capacity	42590
may include hiring faculty and preceptors, purchasing educational	42591
equipment and materials, and other actions acceptable to the	42592
board. Grant money shall not be used to construct or renovate	42593
buildings. Partnerships may be developed between one or more nurse	42594
education programs and one or more health care facilities.	42595

In awarding grants, the board shall give preference to	42596
partnerships between nurse education programs and hospitals,	42597
nursing homes, and county homes or county nursing homes, but may	42598
also award grants to fund partnerships between nurse education	42599
programs and other health care facilities.	42600

(C) The board shall adopt rules in accordance with Chapter	42601
119. of the Revised Code establishing the following:	42602

(1) Eligibility requirements for receipt of a grant;

42603

(2) Grant application forms and procedures;

42604

(3) The amounts in which grants may be made and the total	42605
amount that may be awarded to a nurse education program that has a	42606
partnership with other nurse education programs or a health care	42607
facility;	42608

(4) A method whereby the board may evaluate the effectiveness	42609
of a partnership between joint recipients in increasing the nurse	42610
education program's enrollment capacity;	42611

(5) The percentage of the money in the fund that must remain	42612
in the fund at all times to maintain a fiscally responsible fund	42613
balance;	42614

(6) The percentage of available grants to be awarded to	42615
licensed practical nurse education programs, registered nurse	42616
education programs, and graduate programs;	42617

(7) Any other matters incidental to the operation of the	42618
program.	42619

(D) From January 1, 2004, until December 31, 2013, the ten	42620
dollars of each biennial nursing license renewal fee collected	42621
under section 4723.08 of the Revised Code shall be dedicated to	42622
the nurse education grant program fund, which is hereby created in	42623
the state treasury. The board shall use money in the fund for	42624
grants awarded under division (A) of this section and for expenses	42625
of administering the grant program. The amount used for	42626
administrative expenses in any year shall not exceed ten per cent	42627
of the amount transferred to the fund in that year.	42628

(E) Each quarter, for the purposes of transferring funds to	42629
the nurse education grant program, the board of nursing shall	42630
certify to the director of budget and management the number of	42631
biennial licenses renewed under this chapter during the preceding	42632
quarter and the amount equal to that number times ten dollars.	42633

(F) Notwithstanding the requirements of section 4743.05 of	42634
the Revised Code, from January 1, 2004, until December 31, 2013,	42635
at the end of each quarter, the director of budget and management	42636
shall transfer from the occupational licensing and regulatory fund	42637
to the nurse education grant program fund the amount certified	42638
under division (E) of this section.	42639

Sec. 4723.08. (A) The board of nursing may impose fees not	42640
to exceed the following limits:	42641

(1) For application for licensure by examination to practice	42642
nursing as a registered nurse or as a licensed practical nurse,	42643
~~fifty~~seventy-five dollars;	42644

(2) For application for licensure by endorsement to practice	42645
nursing as a registered nurse or as a licensed practical nurse,	42646
~~fifty~~seventy-five dollars;	42647

(3) For application for a certificate of authority to	42648
practice nursing as a certified registered nurse anesthetist,	42649
clinical nurse specialist, certified nurse-midwife, or certified	42650
nurse practitioner, one hundred dollars;	42651

(4) For application for a temporary dialysis technician	42652
certificate, the amount specified in rules adopted under section	42653
4723.79 of the Revised Code;	42654

(5) For application for a full dialysis technician	42655
certificate, the amount specified in rules adopted under section	42656
4723.79 of the Revised Code;	42657

(6) For application for a certificate to prescribe, fifty	42658
dollars;	42659

(7) For verification of a nursing license, certificate of	42660
authority, or dialysis technician certificate to another	42661
jurisdiction, fifteen dollars;	42662

(8) For providing a replacement copy of a nursing license,	42663
certificate of authority, orcertificate to prescribe, dialysis	42664
technician certificate, ~~fifteen~~intravenous therapy card, or	42665
frameable certificate, twenty-five dollars;	42666

(9) For biennial renewal of a nursing license that expires on	42667
or ~~before~~after August 31, 2003, ~~thirty-five~~but before January 1,	42668
2004, forty-five dollars;	42669

(10) For biennial renewal of a nursing license that expires	42670
on or after ~~September 1, 2003, forty-five~~January 1, 2004,	42671
sixty-five dollars;	42672

(11) For biennial renewal of a certificate of authority to	42673
practice nursing as a certified registered nurse anesthetist,	42674
clinical nurse specialist, certified nurse mid-wife, or certified	42675
nurse practitioner that expires on or before August 31, 2005, one	42676
hundred dollars;	42677

(12) For biennial renewal of a certificate of authority to	42678
practice nursing as a certified registered nurse anesthetist,	42679
clinical nurse specialist, certified nurse-midwife, or certified	42680
nurse practitioner that expires on or after September 1, 2005,	42681
eighty-five dollars;	42682

(13) For renewal of a certificate to prescribe, fifty	42683
dollars;	42684

(14) For biennial renewal of a dialysis technician	42685
certificate, the amount specified in rules adopted under section	42686
4723.79 of the Revised Code;	42687

(15) For processing a late application for renewal of a	42688
nursing license, certificate of authority, or dialysis technician	42689
certificate, fifty dollars;	42690

(16) For application for authorization to approve continuing	42691
nursing education programs and courses from an applicant	42692
accredited by a national accreditation system for nursing, five	42693
hundred dollars;	42694

(17) For application for authorization to approve continuing	42695
nursing education programs and courses from an applicant not	42696
accredited by a national accreditation system for nursing, one	42697
thousand dollars;	42698

(18) For each year for which authorization to approve	42699
continuing nursing education programs and courses is renewed, one	42700
hundred fifty dollars;	42701

(19) For application for approval to operate a dialysis	42702
training program, the amount specified in rules adopted under	42703
section 4723.79 of the Revised Code;	42704

(20) For reinstatement of a lapsed nursing license,	42705
certificate of authority, or dialysis technician certificate, one	42706
hundred dollars;	42707

(21) For written verification of a nursing license,	42708
certificate of authority, or dialysis technician certificate,	42709
other than verification to another jurisdiction, five dollars. The	42710
board may contract for services pertaining to this verification	42711
process and the collection of the fee, and may permit the	42712
contractor to retain a portion of the fees as compensation, before	42713
any amounts are deposited into the state treasury.	42714

(22) For processing a check returned to the board by a	42715
financial institution as noncollectible, twenty-five dollars;	42716

(23) For issuance of an intravenous therapy card for which a	42717
fee may be charged under section 4723.17 of the Revised Code,	42718
twenty-five dollars;	42719

(24) For out-of-state survey visits of nursing education	42720
programs operating in Ohio, two thousand dollars.	42721

(B) Each quarter, for purposes of transferring funds under	42722
section 4743.05 of the Revised Code to the nurse education	42723
assistance fund created in section 3333.28 of the Revised Code,	42724
the board of nursing shall certify to the director of budget and	42725
management the number of biennial licenses renewed under this	42726
chapter during the preceding quarter and the amount equal to that	42727
number times five dollars.	42728

(C) The board may charge a participant in a board-sponsored	42729
continuing education activity an amount not exceeding fifteen	42730
dollars for each activity.	42731

Sec. 4723.082. ~~All~~(A) Except as provided in section	42732
4723.062 of the Revised Code and division (B) of this section, all	42733
receipts of the board of nursing, from any source, shall be	42734
deposited in the state treasury to the credit of the occupational	42735
licensing and regulatory fund. ~~All~~	42736

(B) All receipts from board-sponsored continuing education	42737
activities shall be deposited in the state treasury to the credit	42738
of the special nursing issue fund created by section 4723.062 of	42739
the Revised Code.	42740

(C) All vouchers of the board shall be approved by the board	42741
president or executive director, or both, as authorized by the	42742
board.	42743

Sec. 4723.17. (A) The board of nursing may authorize a	42744
licensed practical nurse to administer to an adult intravenous	42745
therapy authorized by an individual who is authorized to practice	42746
in this state and is acting within the course of the individual's	42747
professional practice, if ~~all of the following are true of~~ the	42748
licensed practical nurse:	42749

~~(1) The nurse~~ has a current, valid license issued under this	42750
chapter that includes authorization to administer medications and	42751
one of the following is the case:	42752

(1) The nurse has successfully completed, within a practical	42753
nurse prelicensure education program approved by the board or by	42754
another jurisdiction's agency that regulates the practice of	42755
nursing, a course of study that prepares the nurse to safely	42756
perform the intravenous therapy procedures the board may authorize	42757
under this section. To meet this requirement, the course of study	42758
must include all of the following:	42759

(a) Both didactic and clinical components;

42760

(b) Curriculum requirements established in rules the board of	42761
nursing shall adopt in accordance with Chapter 119. of the Revised	42762
Code;	42763

(c) Standards that require the nurse to perform a successful	42764
demonstration of the intravenous procedures, including all skills	42765
needed to perform them safely.	42766

(2) The nurse has successfully completed a ~~course in~~	42767
~~intravenous administration approved by the board that includes~~	42768
~~both of the following:~~	42769

~~(a) A~~ minimum of forty hours of training that includes all of	42770
the following:	42771

~~(i)~~(a) The curriculum established by rules adopted by the	42772
board and in effect on January 1, 1999;	42773

~~(ii)~~(b) Training in the anatomy and physiology of the	42774
cardiovascular system, signs and symptoms of local and systemic	42775
complications in the administration of fluids and antibiotic	42776
additives, and guidelines for management of these complications;	42777

~~(iii)~~(c) Any other training or instruction the board	42778
considers appropriate.	42779

~~(b)~~(d) A testing component that ~~includes the successful~~	42780
~~performance of three venipunctures supervised by a physician or~~	42781
~~registered nurse in a health care setting~~requires the nurse to	42782
perform a successful demonstration of the intravenous procedures,	42783
including all skills needed to perform them safely.	42784

(B) Except as provided in section 4723.171 of the Revised	42785
Code, a licensed practical nurse may perform intravenous therapy	42786
only if authorized by the board pursuant to division (A) of this	42787
section and only if it is performed in accordance with this	42788
section.	42789

A licensed practical nurse authorized by the board to perform	42790
intravenous therapy may perform an intravenous therapy procedure	42791
only at the direction of one of the following:	42792

(1) A licensed physician, dentist, optometrist, or podiatrist	42793
who, except as provided in division (C)(2) of this section, is	42794
present and readily available at the facility where the	42795
intravenous therapy procedure is performed;	42796

(2) A registered nurse in accordance with division (C) of	42797
this section.	42798

(C)(1) Except as provided in division (C)(2) of this section	42799
and section 4723.171 of the Revised Code, when a licensed	42800
practical nurse authorized by the board to perform intravenous	42801
therapy performs an intravenous therapy procedure at the direction	42802
of a registered nurse, the registered nurse or another registered	42803
nurse shall be readily available at the site where the intravenous	42804
therapy is performed, and before the licensed practical nurse	42805
initiates the intravenous therapy, the registered nurse shall	42806
personally perform an on-site assessment of the individual who is	42807
to receive the intravenous therapy.	42808

(2) When a licensed practical nurse authorized by the board	42809
to perform intravenous therapy performs an intravenous therapy	42810
procedure in a home as defined in section 3721.10 of the Revised	42811
Code, or in an intermediate care facility for the mentally	42812
retarded as defined in section 5111.20 of the Revised Code, at the	42813
direction of a registered nurse or licensed physician, dentist,	42814
optometrist, or podiatrist, a registered nurse shall be on the	42815
premises of the home or facility or accessible by some form of	42816
telecommunication.	42817

(D) No licensed practical nurse shall perform any of the	42818
following intravenous therapy procedures:	42819

(1) Initiating or maintaining any of the following:

42820

(a) Blood or blood components;

42821

(b) Solutions for total parenteral nutrition;

42822

(c) Any cancer therapeutic medication including, but not	42823
limited to, cancer chemotherapy or an anti-neoplastic agent;	42824

(d) Solutions administered through any central venous line or	42825
arterial line or any other line that does not terminate in a	42826
peripheral vein, except that a licensed practical nurse authorized	42827
by the board to perform intravenous therapy may maintain the	42828
solutions specified in division (D)(6)(a) of this section that are	42829
being administered through a central venous line or peripherally	42830
inserted central catheter;	42831

(e) Any investigational or experimental medication.

42832

(2) Initiating intravenous therapy in any vein, except that a	42833
licensed practical nurse authorized by the board to perform	42834
intravenous therapy may initiate intravenous therapy in accordance	42835
with this section in a vein of the hand, forearm, or antecubital	42836
fossa;	42837

(3) Discontinuing a central venous, arterial, or any other	42838
line that does not terminate in a peripheral vein;	42839

(4) Initiating or discontinuing a peripherally inserted	42840
central catheter;	42841

(5) Mixing, preparing, or reconstituting any medication for	42842
intravenous therapy, except that a licensed practical nurse	42843
authorized by the board to perform intravenous therapy may prepare	42844
or reconstitute an antibiotic additive;	42845

(6) Administering medication via the intravenous route,	42846
including all of the following activities:	42847

(a) Adding medication to an intravenous solution or to an	42848
existing infusion, except that a licensed practical nurse	42849
authorized by the board to perform intravenous therapy may do	42850
either of the following:	42851

(i) Initiate an intravenous infusion containing one or more	42852
of the following elements: dextrose 5%; normal saline; lactated	42853
ringers; sodium chloride .45%; sodium chloride 0.2%; sterile	42854
water.	42855

(ii) Hang subsequent containers of the intravenous solutions	42856
specified in division (D)(6)(a) of this section that contain	42857
vitamins or electrolytes, if a registered nurse initiated the	42858
infusion of that same intravenous solution.	42859

(b) Initiating or maintaining an intravenous piggyback	42860
infusion, except that a licensed practical nurse authorized by the	42861
board to perform intravenous therapy may initiate or maintain an	42862
intravenous piggyback infusion containing an antibiotic additive;	42863

(c) Injecting medication via a direct intravenous route,	42864
except that a licensed practical nurse authorized by the board to	42865
perform intravenous therapy may inject heparin or normal saline to	42866
flush an intermittent infusion device or heparin lock including,	42867
but not limited to, bolus or push.	42868

(7) Aspirating any intravenous line to maintain patency;

42869

(8) Changing tubing on any line including, but not limited	42870
to, an arterial line or a central venous line, except that a	42871
licensed practical nurse authorized by the board to perform	42872
intravenous therapy may change tubing on an intravenous line that	42873
terminates in a peripheral vein;	42874

(9) Programming or setting any function of a patient	42875
controlled infusion pump.	42876

(E) Notwithstanding division (D) of this section, at the	42877
direction of a physician or a registered nurse, a licensed	42878
practical nurse authorized by the board to perform intravenous	42879
therapy may perform the following activities for the purpose of	42880
performing dialysis:	42881

(1) The routine administration and regulation of saline	42882
solution for the purpose of maintaining an established fluid plan;	42883

(2) The administration of a heparin dose intravenously;

42884

(3) The administration of a heparin dose peripherally via a	42885
fistula needle;	42886

(4) The loading and activation of a constant infusion pump or	42887
the intermittent injection of a dose of medication prescribed by a	42888
licensed physician for dialysis.	42889

(F) No person shall employ or direct a licensed practical	42890
nurse to perform an intravenous therapy procedure without first	42891
verifying that the licensed practical nurse is authorized by the	42892
board to perform intravenous therapy.	42893

(G) The board shall issue an intravenous therapy card to the	42894
licensed practical nurses authorized pursuant to division (A) of	42895
this section to perform intravenous therapy. A fee for issuing the	42896
card shall not be charged under section 4723.08 of the Revised	42897
Code if the licensed practical nurse receives the card by meeting	42898
the requirements of division (A)(1) of this section. The board	42899
shall maintain a registry of the names of licensed practical	42900
nurses ~~authorized pursuant to division (A) of this section to~~	42901
~~perform~~who hold intravenous therapy cards.	42902

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	42903
Revised Code:	42904

(A)(1) "Clinical laboratory services" means either of the	42905
following:	42906

(a) Any examination of materials derived from the human body	42907
for the purpose of providing information for the diagnosis,	42908
prevention, or treatment of any disease or impairment or for the	42909
assessment of health;	42910

(b) Procedures to determine, measure, or otherwise describe	42911
the presence or absence of various substances or organisms in the	42912
body.	42913

(2) "Clinical laboratory services" does not include the mere	42914
collection or preparation of specimens.	42915

(B) "Designated health services" means any of the following:

42916

(1) Clinical laboratory services;

42917

(2) Home health care services;

42918

(3) Outpatient prescription drugs.

42919

(C) "Fair market value" means the value in arms-length	42920
transactions, consistent with general market value and:	42921

(1) With respect to rentals or leases, the value of rental	42922
property for general commercial purposes, not taking into account	42923
its intended use;	42924

(2) With respect to a lease of space, not adjusted to reflect	42925
the additional value the prospective lessee or lessor would	42926
attribute to the proximity or convenience to the lessor if the	42927
lessor is a potential source of referrals to the lessee.	42928

(D) "Governmental health care program" means any program	42929
providing health care benefits that is administered by the federal	42930
government, this state, or a political subdivision of this state,	42931
including the medicare program established under Title XVIII of	42932
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	42933
as amended, health care coverage for public employees, health care	42934
benefits administered by the bureau of workers' compensation, the	42935
medical assistance program established under Chapter 5111. of the	42936
Revised Code, and the disability ~~assistance~~ medical assistance	42937
program established under Chapter 5115. of the Revised Code.	42938

(E)(1) "Group practice" means a group of two or more holders	42939
of certificates under this chapter legally organized as a	42940
partnership, professional corporation or association, limited	42941
liability company, foundation, nonprofit corporation, faculty	42942
practice plan, or similar group practice entity, including an	42943
organization comprised of a nonprofit medical clinic that	42944
contracts with a professional corporation or association of	42945
physicians to provide medical services exclusively to patients of	42946
the clinic in order to comply with section 1701.03 of the Revised	42947
Code and including a corporation, limited liability company,	42948
partnership, or professional association described in division (B)	42949
of section 4731.226 of the Revised Code formed for the purpose of	42950
providing a combination of the professional services of	42951
optometrists who are licensed, certificated, or otherwise legally	42952
authorized to practice optometry under Chapter 4725. of the	42953
Revised Code, chiropractors who are licensed, certificated, or	42954
otherwise legally authorized to practice chiropractic under	42955
Chapter 4734. of the Revised Code, psychologists who are licensed,	42956
certificated, or otherwise legally authorized to practice	42957
psychology under Chapter 4732. of the Revised Code, registered or	42958
licensed practical nurses who are licensed, certificated, or	42959
otherwise legally authorized to practice nursing under Chapter	42960
4723. of the Revised Code, pharmacists who are licensed,	42961
certificated, or otherwise legally authorized to practice pharmacy	42962
under Chapter 4729. of the Revised Code, physical therapists who	42963
are licensed, certificated, or otherwise legally authorized to	42964
practice physical therapy under sections 4755.40 to 4755.53 of the	42965
Revised Code, mechanotherapists who are licensed, certificated, or	42966
otherwise legally authorized to practice mechanotherapy under	42967
section 4731.151 of the Revised Code, and doctors of medicine and	42968
surgery, osteopathic medicine and surgery, or podiatric medicine	42969
and surgery who are licensed, certificated, or otherwise legally	42970
authorized for their respective practices under this chapter, to	42971
which all of the following apply:	42972

(a) Each physician who is a member of the group practice	42973
provides substantially the full range of services that the	42974
physician routinely provides, including medical care,	42975
consultation, diagnosis, or treatment, through the joint use of	42976
shared office space, facilities, equipment, and personnel.	42977

(b) Substantially all of the services of the members of the	42978
group are provided through the group and are billed in the name of	42979
the group and amounts so received are treated as receipts of the	42980
group.	42981

(c) The overhead expenses of and the income from the practice	42982
are distributed in accordance with methods previously determined	42983
by members of the group.	42984

(d) The group practice meets any other requirements that the	42985
state medical board applies in rules adopted under section 4731.70	42986
of the Revised Code.	42987

(2) In the case of a faculty practice plan associated with a	42988
hospital with a medical residency training program in which	42989
physician members may provide a variety of specialty services and	42990
provide professional services both within and outside the group,	42991
as well as perform other tasks such as research, the criteria in	42992
division (E)(1) of this section apply only with respect to	42993
services rendered within the faculty practice plan.	42994

(F) "Home health care services" and "immediate family" have	42995
the same meanings as in the rules adopted under section 4731.70 of	42996
the Revised Code.	42997

(G) "Hospital" has the same meaning as in section 3727.01 of	42998
the Revised Code.	42999

(H) A "referral" includes both of the following:

43000

(1) A request by a holder of a certificate under this chapter	43001
for an item or service, including a request for a consultation	43002
with another physician and any test or procedure ordered by or to	43003
be performed by or under the supervision of the other physician;	43004

(2) A request for or establishment of a plan of care by a	43005
certificate holder that includes the provision of designated	43006
health services.	43007

(I) "Third-party payer" has the same meaning as in section	43008
3901.38 of the Revised Code.	43009

Sec. 4731.71. The auditor of state may implement procedures	43010
to detect violations of section 4731.66 or 4731.69 of the Revised	43011
Code within governmental health care programs administered by the	43012
state. The auditor of state shall report any violation of either	43013
section to the state medical board and shall certify to the	43014
attorney general in accordance with section 131.02 of the Revised	43015
Code the amount of any refund owed to a state-administered	43016
governmental health care program under section 4731.69 of the	43017
Revised Code as a result of a violation. If a refund is owed to	43018
the medical assistance program established under Chapter 5111. of	43019
the Revised Code or the disability ~~assistance~~ medical assistance	43020
program established under Chapter 5115. of the Revised Code, the	43021
auditor of state also shall report the amount to the department of	43022
commerce.	43023

The state medical board also may implement procedures to	43024
detect violations of section 4731.66 or 4731.69 of the Revised	43025
Code.	43026

Sec. 4734.15. (A) The license provided for in this chapter	43027
shall entitle the holder thereof to practice chiropractic in this	43028
state. All of the following apply to the practice of chiropractic	43029
in this state:	43030

(1) A chiropractor is authorized to examine, diagnose, and	43031
assume responsibility for the care of patients, any or all of	43032
which is included in the practice of chiropractic.	43033

(2) The practice of chiropractic does not permit the	43034
chiropractor to treat infectious, contagious, or venereal disease,	43035
to perform surgery or acupuncture, or to prescribe or administer	43036
drugs for treatment.	43037

(3) A chiropractor may use roentgen rays only for diagnostic	43038
purposes.	43039

(4) The practice of chiropractic does not include the	43040
performance of abortions.	43041

(B) An individual holding a valid, current license to	43042
practice chiropractic is entitled to use the title "doctor,"	43043
"doctor of chiropractic," "chiropractic physician," or	43044
"chiropractic" and is a "physician" for the purposes of Chapter	43045
4123. of the Revised Code ~~and the medicaid program operated~~	43046
~~pursuant to Chapter 5111. of the Revised Code~~.	43047

Sec. 4736.12. (A) The state board of sanitarian registration	43048
shall charge the following fees:	43049

(1) To apply as a sanitarian-in-training, ~~fifty-seven~~	43050
seventy-five dollars;	43051

(2) For sanitarians-in-training to apply for registration as	43052
sanitarians, ~~fifty-seven~~seventy-five dollars. The applicant shall	43053
pay this fee only once regardless of the number of times the	43054
applicant takes an examination required under section 4736.08 of	43055
the Revised Code.	43056

(3) For persons other than sanitarians-in-training to apply	43057
for registration as sanitarians, including persons meeting the	43058
requirements of section 4736.16 of the Revised Code, one hundred	43059
~~fourteen~~fifty dollars. The applicant shall pay this fee only once	43060
regardless of the number of times the applicant takes an	43061
examination required under section 4736.08 of the Revised Code.	43062

(4) The renewal fee for registered sanitarians shall be ~~fixed~~	43063
~~by the board and shall not exceed sixty-one~~sixty-nine dollars.	43064

(5) The renewal fee for sanitarians-in-training shall be	43065
~~fixed by the board and shall not exceed sixty-one~~sixty-nine	43066
dollars.	43067

(6) For late application for renewal, twenty-five dollars.

43068

The board of sanitarian registration, with the approval of	43069
the controlling board, may establish fees in excess of the amounts	43070
provided in this section, provided that such fees do not exceed	43071
the amounts permitted by this section by more than fifty per cent.	43072

(B) The board of sanitarian registration shall charge	43073
separate fees for examinations as required by section 4736.08 of	43074
the Revised Code, provided that the fees are not in excess of the	43075
actual cost to the board of conducting the examinations.	43076

(C) The board of sanitarian registration may adopt rules	43077
establishing fees for all of the following:	43078

(1) Application for the registration of a training agency	43079
approved under rules adopted by the board pursuant to section	43080
4736.11 of the Revised Code and for the annual registration	43081
renewal of an approved training agency.	43082

(2) Application for the review of continuing education hours	43083
submitted for the board's approval by approved training agencies	43084
or by registered sanitarians or sanitarians-in-training.	43085

Sec. 4743.05. Except as otherwise provided in sections	43086
4701.20, 4723.062, 4723.082, and 4729.65 of the Revised Code, all	43087
money collected under Chapters 3773., 4701., 4703., 4709., 4713.,	43088
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736.,	43089
4741., 4753., 4755., 4757., 4758., 4759., ~~and~~ 4761., 4771., and	43090
4779. of the Revised Code~~, and until December 31, 2004, money~~	43091
~~collected under Chapter 4779. of the Revised Code,~~ shall be paid	43092
into the state treasury to the credit of the occupational	43093
licensing and regulatory fund, which is hereby created for use in	43094
administering such chapters.	43095

At the end of each quarter, the director of budget and	43096
management shall transfer from the occupational licensing and	43097
regulatory fund to the nurse education assistance fund created in	43098
section 3333.28 of the Revised Code the amount certified to the	43099
director under division (B) of section 4723.08 of the Revised	43100
Code.	43101

At the end of each quarter, the director shall transfer from	43102
the occupational licensing and regulatory fund to the certified	43103
public accountant education assistance fund created in section	43104
4701.26 of the Revised Code the amount certified to the director	43105
under division (H)(2) of section 4701.10 of the Revised Code.	43106

Sec. 4747.05. (A) The hearing aid dealers and fitters	43107
licensing board shall issue to each applicant, within sixty days	43108
of receipt of a properly completed application and payment of two	43109
hundred ~~fifty~~sixty-two dollars, a hearing aid dealer's or	43110
fitter's license if the applicant, if an individual:	43111

(1) Is at least eighteen years of age;

43112

(2) Is a person of good moral character;

43113

(3) Is free of contagious or infectious disease;

43114

(4) Has successfully passed a qualifying examination	43115
specified and administered by the board.	43116

(B) If the applicant is a firm, partnership, association, or	43117
corporation, the application, in addition to such information as	43118
the board requires, shall be accompanied by an application for a	43119
license for each person, whether owner or employee, of the firm,	43120
partnership, association, or corporation, who engages in dealing	43121
in or fitting of hearing aids, or shall contain a statement that	43122
such applications are submitted separately. No firm, partnership,	43123
association, or corporation licensed pursuant to this chapter	43124
shall permit any unlicensed person to sell or fit hearing aids.	43125

(C) Each license issued expires on the thirtieth day of	43126
January of the year following that in which it was issued.	43127

Sec. 4747.06. (A) Each person engaged in the practice of	43128
dealing in or fitting of hearing aids who holds a valid hearing	43129
aid dealer's or fitter's license shall apply annually to the	43130
hearing aid dealers and fitters licensing board for renewal of	43131
such license under the standard renewal procedure specified in	43132
Chapter 4745. of the Revised Code. The board shall issue to each	43133
applicant, on proof of completion of the continuing education	43134
required by division (B) of this section and payment of one	43135
hundred ~~fifty~~fifty-seven dollars on or before the first day of	43136
February, one hundred ~~seventy-five~~eighty-three dollars on or	43137
before the first day of March, or two hundred ten dollars	43138
thereafter, a renewed hearing aid dealer's or fitter's license. No	43139
person who applies for renewal of a hearing aid dealer's or	43140
fitter's license that has expired shall be required to take any	43141
examination as a condition of renewal provided application for	43142
renewal is made within two years of the date such license expired.	43143

(B) Each person engaged in the practice of dealing in or	43144
fitting of hearing aids who holds a valid hearing aid dealer's or	43145
fitter's license shall complete each year not less than ten hours	43146
of continuing professional education approved by the board. On a	43147
form provided by the board, the person shall certify to the board,	43148
at the time of license renewal pursuant to division (A) of this	43149
section, that in the preceding year the person has completed	43150
continuing education in compliance with this division and shall	43151
submit any additional information required by rule of the board	43152
regarding the continuing education. The board shall adopt rules in	43153
accordance with Chapter 119. of the Revised Code establishing the	43154
standards continuing education programs must meet to obtain board	43155
approval and continuing education reporting requirements.	43156

Continuing education may be applied to meet the requirement	43157
of this division if it is provided or certified by any of the	43158
following:	43159

(1) The national institute of hearing instruments studies	43160
committee of the international hearing society;	43161

(2) The American speech-language hearing association;

43162

(3) The American academy of audiology.

43163

The board may excuse persons licensed under this chapter, as	43164
a group or as individuals, from all or any part of the	43165
requirements of this division because of an unusual circumstance,	43166
emergency, or special hardship.	43167

Sec. 4747.07. Each person who holds a hearing aid dealer's	43168
or fitter's license and engages in the practice of dealing in and	43169
fitting of hearing aids shall display such license in a	43170
conspicuous place in the person's office or place of business at	43171
all times. Each person who maintains more than one office or place	43172
of business shall post a duplicate copy of the license at each	43173
location. The hearing aid dealers and fitters licensing board	43174
shall issue duplicate copies of a license upon receipt of a	43175
properly completed application and payment of ~~fifteen~~sixteen	43176
dollars for each copy requested.	43177

Sec. 4747.10. Each person currently engaged in training to	43178
become a licensed hearing aid dealer or fitter shall apply to the	43179
hearing aid dealers and fitters licensing board for a hearing aid	43180
dealer's and fitter's trainee permit. The board shall issue to	43181
each applicant within thirty days of receipt of a properly	43182
completed application and payment of one hundred fifty dollars, a	43183
trainee permit if such applicant is:	43184

(A) At least eighteen years of age;

43185

(B) The holder of a diploma from an accredited high school,	43186
or possesses an equivalent education;	43187

43188

(D) Free of contagious or infectious disease.

43189

Each trainee permit issued by the board expires one year from	43190
the date it was first issued, and may be renewed once if the	43191
trainee has not successfully completed the qualifying requirements	43192
for licensing as a hearing aid dealer or fitter before the	43193
expiration date of such permit. The board shall issue a renewed	43194
permit to each applicant upon receipt of a properly completed	43195
application and payment of one hundred five dollars. No person	43196
holding a trainee permit shall engage in the practice of dealing	43197
in or fitting of hearing aids except while under supervision by a	43198
licensed hearing aid dealer or fitter.	43199

Sec. 4751.06. (A) An applicant for licensure as a nursing	43200
home administrator who has successfully completed the requirements	43201
of section 4751.05 of the Revised Code, passed the examination	43202
administered by the board of examiners of nursing home	43203
administrators or a government or private entity under contract	43204
with the board, and paid to the board an original license fee of	43205
two hundred ~~ten~~fifty dollars shall be issued a license on a form	43206
provided by the board. Such license shall certify that the	43207
applicant has met the licensure requirements of Chapter 4751. of	43208
the Revised Code and is entitled to practice as a licensed nursing	43209
home administrator.	43210

(B) A temporary license for a period not to exceed one	43211
hundred eighty days may be issued to an individual temporarily	43212
filling the position of a nursing home administrator vacated by	43213
reason of death, illness, or other unexpected cause, pursuant to	43214
regulations adopted by the board.	43215

(C) The fee for a temporary license is one hundred dollars.	43216
Said fee must accompany the application for the temporary license.	43217

(D) Any license or temporary license issued by the board	43218
pursuant to this section shall be under the hand of the	43219
chairperson and the secretary of the board.	43220

(E) A duplicate of the original certificate of registration	43221
or license may be secured to replace one that has been lost or	43222
destroyed by submitting to the board a notarized statement	43223
explaining the conditions of the loss, mutilation, or destruction	43224
of the certificate or license and by paying a fee of twenty-five	43225
dollars.	43226

(F) A duplicate certificate of registration and license may	43227
be issued in the event of a legal change of name by submitting to	43228
the board a certified copy of the court order or marriage license	43229
establishing the change of name, by returning at the same time the	43230
original license and certificate of registration, and by paying a	43231
fee of twenty-five dollars.	43232

Sec. 4751.07. (A) Every individual who holds a valid license	43233
as a nursing home administrator issued under division (A) of	43234
section 4751.06 of the Revised Code, shall immediately upon	43235
issuance thereof be registered with the board of examiners of	43236
nursing home administrators and be issued a certificate of	43237
registration. Such individual shall annually apply to the board	43238
for a new certificate of registration on forms provided for such	43239
purpose prior to the expiration of the certificate of registration	43240
and shall at the same time submit satisfactory evidence to the	43241
board of having attended such continuing education programs or	43242
courses of study as may be prescribed in rules adopted by the	43243
board.	43244

(B) Upon making an application for a new certificate of	43245
registration such individual shall pay the annual registration fee	43246
of two hundred ~~ten~~fifty dollars.	43247

(C) Upon receipt of such application for registration and the	43248
registration fee required by divisions (A) and (B) of this	43249
section, the board shall issue a certificate of registration to	43250
such nursing home administrator.	43251

(D) The license of a nursing home administrator who fails to	43252
comply with this section shall automatically lapse.	43253

(E) A nursing home administrator who has been licensed and	43254
registered in this state who determines to temporarily abandon the	43255
practice of nursing home administration shall notify the board in	43256
writing immediately; provided, that such individual may thereafter	43257
register to resume the practice of nursing home administration	43258
within the state upon complying with the requirements of this	43259
section regarding annual registration.	43260

(F) Only an individual who has qualified as a licensed and	43261
registered nursing home administrator under Chapter 4751. of the	43262
Revised Code and the rules adopted thereunder, and who holds a	43263
valid current registration certificate pursuant to this section,	43264
may use the title "nursing home administrator," or the	43265
abbreviation "N.H.A." after the individual's name. No other person	43266
shall use such title or such abbreviation or any other words,	43267
letters, sign, card, or device tending to indicate or to imply	43268
that the person is a licensed and registered nursing home	43269
administrator.	43270

(G) Every person holding a valid license entitling the person	43271
to practice nursing home administration in this state shall	43272
display said license in the nursing home which is the person's	43273
principal place of employment, and while engaged in the practice	43274
of nursing home administration shall have at hand the current	43275
registration certificate.	43276

(H) Every person holding a valid temporary license shall have	43277
such license at hand while engaged in the practice of nursing home	43278
administration.	43279

Sec. 4755.03. There is hereby created in the department of	43280
health the Ohio occupational therapy, physical therapy, and	43281
athletic trainers board ~~consisting~~. The board shall consist of	43282
sixteen residents of this state, who shall be appointed by the	43283
governor with the advice and consent of the senate. The board	43284
shall be composed of a physical therapy section, an occupational	43285
therapy section, and an athletic trainers section.	43286

Five members of the board shall be physical therapists who	43287
are licensed to practice physical therapy and who have been	43288
engaged in or actively associated with the practice of physical	43289
therapy in this state for at least five years immediately	43290
preceding appointment. Such members of the board shall sit on the	43291
physical therapy section. The physical therapy section also shall	43292
consist of four additional members, appointed by the governor with	43293
the advice and consent of the senate, who satisfy the same	43294
qualifications as the members of the board sitting on the physical	43295
therapy section, but who are not members of the board. Such	43296
additional members of the physical therapy section are vested with	43297
only such powers and shall perform only such duties as relate to	43298
the affairs of that section, shall serve for the same terms as do	43299
members of the board sitting on the physical therapy section, and	43300
shall subscribe to and file with the secretary of state the	43301
constitutional oath of office.	43302

Five members of the board shall be occupational therapists	43303
who have been engaged in or actively associated with the practice	43304
of occupational therapy in this state for at least five years	43305
immediately preceding appointment. Such members of the board shall	43306
sit on the occupational therapy section.	43307

Four members of the board shall be athletic trainers who have	43308
been engaged in the practice of athletic training in Ohio for at	43309
least five years immediately preceding appointment. One member of	43310
the board shall be a physician licensed to practice medicine and	43311
surgery in this state. Such members of the board shall sit on the	43312
athletic trainers section.	43313

One member of the board shall represent the public and shall	43314
be at least sixty years of age. This member shall sit on the	43315
board.	43316

Terms of office are for three years, each term commencing on	43317
the twenty-eighth day of August and ending on the twenty-seventh	43318
day of August. Each member shall serve subsequent to the	43319
expiration of ~~his~~the member's term until ~~his~~the member's	43320
successor is appointed and qualifies, or until a period of sixty	43321
days has elapsed, whichever occurs first. Each member, before	43322
entering upon ~~the~~official duties ~~of his office~~, shall subscribe	43323
to and file with the secretary of state the constitutional oath of	43324
office. All vacancies shall be filled in the manner prescribed for	43325
the regular appointments to the board and are limited to the	43326
unexpired terms.	43327

Annually, upon the qualification of the member or members	43328
appointed in that year, the board shall organize by selecting from	43329
its members a president and secretary. Each section of the board	43330
shall organize by selecting from its members a ~~chairman~~	43331
chairperson and secretary.	43332

The majority of the members of the board constitutes a quorum	43333
to transact and vote on the business of the board. A majority of	43334
the members of each section constitutes a quorum to transact and	43335
vote on the affairs of that section.	43336

Each member of the board and each additional member of the	43337
physical therapy section shall receive an amount fixed pursuant to	43338
division (J) of section 124.15 of the Revised Code for each day	43339
employed in the discharge of ~~his~~official duties. In addition,	43340
each member of the board and each additional member of the	43341
physical therapy section shall receive ~~his~~the member's actual and	43342
necessary expenses incurred in the performance of ~~his~~ official	43343
duties.	43344

The board of trustees of the Ohio occupational therapy	43345
association, inc., may recommend, after any term expires or	43346
vacancy occurs in an occupational therapy position, at least three	43347
persons to fill each such position or vacancy on the board, and	43348
the governor may make ~~his~~the appointment from the persons so	43349
recommended. The executive board of the Ohio chapter, inc., of the	43350
American physical therapy association may recommend, after any	43351
term expires or vacancy occurs in a physical therapy position, at	43352
least three persons to fill each such vacancy on the board, and	43353
the governor may make ~~his~~ appointments from the persons so	43354
recommended. The Ohio athletic trainers association shall	43355
recommend to the governor at least three persons for each of the	43356
initial appointments to an athletic trainer's position. The Ohio	43357
athletic trainers association shall also recommend to the governor	43358
at least three persons when any term expires or any vacancy occurs	43359
in such a position. The governor may select one of the	43360
association's recommendations in making such an appointment.	43361

The board shall meet as a whole to determine all	43362
administrative, personnel, and budgetary matters. The executive	43363
director of the board appointed by the board shall not be a	43364
physical therapist, an occupational therapist, or an athletic	43365
trainer who has been licensed to practice physical therapy,	43366
occupational therapy, or as an athletic trainer in this state	43367
within three years immediately preceding appointment. The	43368
executive director shall serve at the pleasure of the board.	43369

The occupational therapy section of the board shall have the	43370
full authority to act on behalf of the board on all matters	43371
concerning the practice of occupational therapy and, in	43372
particular, the examination, licensure, and suspension or	43373
revocation of licensure of applicants, occupational therapists,	43374
and occupational therapy assistants. The physical therapy section	43375
of the board shall have the full authority to act on behalf of the	43376
board on all matters concerning the practice of physical therapy	43377
and, in particular, the examination, licensure, and suspension or	43378
revocation of licensure of applicants, physical therapists, and	43379
physical therapist assistants. The athletic trainers section of	43380
the board shall have the full authority to act on behalf of the	43381
board on all matters concerning the practice of athletic training	43382
and, in particular, the examination, licensure, and suspension or	43383
revocation of licensure of applicants and athletic trainers. All	43384
actions taken by any section of the board under this paragraph	43385
shall be in accordance with Chapter 119. of the Revised Code.	43386

Sec. 4755.031. Notwithstanding any other section of this	43387
chapter, any rules required to be adopted by any section of the	43388
Ohio occupational therapy, physical therapy, and athletic trainers	43389
board shall be adopted on behalf of that section of the board by	43390
the director of health. Any rules adopted prior to the effective	43391
date of this section shall continue in force as rules of the	43392
department of health until amended or rescinded by the director.	43393

Sec. 4759.08. (A) The Ohio board of dietetics shall charge	43394
and collect fees as described in this section for issuing the	43395
following:	43396

(1) An application for an initial dietitian license, or an	43397
application for ~~reinstatement~~reactivation of an inactive license,	43398
one hundred ~~ten~~twenty-five dollars, and for reinstatement of a	43399
lapsed, revoked, or suspended license, one hundred ~~sixty-five~~	43400
eighty dollars;	43401

(2) License renewal, ~~eighty~~ninety-five dollars;

43402

(3) A limited permit, and renewal of the permit, ~~fifty-five~~	43403
sixty-five dollars;	43404

(4) A duplicate license or permit, twenty dollars;

43405

(5) For processing a late application for renewal of any	43406
license or permit, an additional fee equal to fifty per cent of	43407
the fee for the renewal.	43408

(B) The board shall not require a licensed dietitian holding	43409
an inactive license to pay the renewal fee.	43410

(C) Subject to the approval of the controlling board, the	43411
Ohio board of dietetics may establish fees in excess of the	43412
amounts provided in division (A) of this section, provided that	43413
the fees do not exceed the amounts by greater than fifty per cent.	43414

(D) The board may adopt rules pursuant to Chapter 119. of the	43415
Revised Code to waive all or part of the fee for an initial	43416
license if the license is issued within one hundred days of the	43417
date of expiration of the license.	43418

(E) All receipts of the board shall be deposited in the state	43419
treasury to the credit of the occupational licensing and	43420
regulatory fund. All vouchers of the board shall be approved by	43421
the chairperson or secretary of the board, or both, as authorized	43422
by the board.	43423

Sec. 4771.22. The Ohio athletic commission shall deposit all	43424
money it receives under this chapter to the credit of the ~~athlete~~	43425
~~agents registration~~occupational licensing and regulatory fund,	43426
~~which is hereby~~ created ~~in the state treasury. The commission~~	43427
~~shall use the fund to administer and enforce this chapter~~under	43428
section 4743.05 of the Revised Code.	43429

Sec. 4903.24. If the public utilities commission finds after	43430
investigating that any rate, joint rate, fare, charge, toll,	43431
rental, schedule, or classification of service is unjust,	43432
unreasonable, insufficient, unjustly discriminatory, unjustly	43433
preferential, or in violation of law, or that any service is	43434
inadequate or cannot be obtained, the public utility found to be	43435
at fault shall pay the expenses incurred by the commission upon	43436
such investigation.	43437

All fees, expenses, and costs of, or in connection with, any	43438
hearing or investigation may be imposed by the commission upon any	43439
party to the record or may be divided among any parties to the	43440
record in such proportion as the commission determines.	43441

All fees, expenses, and costs authorized and collected under	43442
this section shall be deposited to the credit of the special	43443
assessment fund, which is hereby created in the state treasury.	43444
Money in the fund shall be used by the commission for the purpose	43445
of covering the costs of any investigations or hearings it orders	43446
regarding any public utility.	43447

Sec. 4905.79. Any telephone company, as defined in ~~division~~	43448
~~(D)(2) of~~ section 5727.01 of the Revised Code, that is required to	43449
provide any telephone service program implemented after March 27,	43450
1991, to aid the communicatively impaired in accessing the	43451
telephone network shall be allowed a tax credit for the costs of	43452
any such program under section ~~5727.44~~5733.56 of the Revised	43453
Code. Relative to any such program, the public utilities	43454
commission, in accordance with its rules, shall allow interested	43455
parties to intervene and participate in any proceeding or part of	43456
a proceeding brought before the commission pursuant to this	43457
section. The commission shall adopt rules it considers necessary	43458
to carry out this section.	43459

Sec. 4905.91. For the purpose of protecting the public	43460
safety with respect to intrastate pipe-line transportation by any	43461
operator:	43462

(A) The public utilities commission shall:

43463

(1) Adopt, and may amend or rescind, rules to carry out	43464
sections 4905.90 to 4905.96 of the Revised Code, including rules	43465
concerning pipe-line safety, drug testing, and enforcement	43466
procedures. The commission shall adopt these rules only after	43467
notice and opportunity for public comment. The rules adopted under	43468
this division and any orders issued under sections 4905.90 to	43469
4905.96 of the Revised Code constitute the pipe-line safety code.	43470
The commission shall administer and enforce that code.	43471

(2) Make certifications and reports to the United States	43472
department of transportation as required under the Natural Gas	43473
Pipeline Safety Act.	43474

(B) The commission may:

43475

(1) Investigate any service, act, practice, policy, or	43476
omission by any operator to determine its compliance with sections	43477
4905.90 to 4905.96 of the Revised Code and the pipe-line safety	43478
code;	43479

(2) Investigate any intrastate pipe-line transportation	43480
facility to determine if it is hazardous to life or property, as	43481
provided in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1679b(b)(2) and	43482
(3);	43483

(3) Investigate the existence or report of any safety-related	43484
condition that involves any intrastate pipe-line transportation	43485
facility;	43486

(4) Enter into and perform contracts or agreements with the	43487
United States department of transportation to inspect interstate	43488
transmission facilities pursuant to the Natural Gas Pipeline	43489
Safety Act;	43490

(5) Accept grants-in-aid, ~~funds~~cash, and reimbursements	43491
provided for or made available to this state by the federal	43492
government to carry out the Natural Gas Pipeline Safety Act or to	43493
enforce sections 4905.90 to 4905.96 of the Revised Code and the	43494
pipe-line safety code. All such grants-in-aid, cash, and	43495
reimbursements shall be deposited to the credit of the gas	43496
pipe-line safety fund, which is hereby created in the state	43497
treasury, to be used by the commission for the purpose of carrying	43498
out this section.	43499

(C) The commission's regulation of gathering lines shall	43500
conform to the regulation of gathering lines in 49 C.F.R. ~~parts~~	43501
192 and 199, as amended, and the commission's annual certification	43502
agreements with the United States department of transportation,	43503
except that rule 4901:1-16-03, paragraph (D) of rule 4901:1-16-05,	43504
and rule 4901:1-16-06 of the Ohio Administrative Code shall also	43505
apply to gathering lines. The procedural rules under chapter	43506
4901:1-16 of the Ohio Administrative Code shall also apply to	43507
operators of gathering lines.	43508

Sec. 4919.79. (A) The public utilities commission may adopt	43509
safety rules applicable to the highway transportation and offering	43510
for transportation of hazardous materials in interstate commerce,	43511
which highway transportation takes place into or through this	43512
state.	43513

(B) The commission may adopt safety rules applicable to the	43514
highway transportation of persons or property in interstate	43515
commerce, which transportation takes place into or through this	43516
state.	43517

(C) Rules adopted under divisions (A) and (B) of this section	43518
shall be consistent with, and equivalent in scope, coverage, and	43519
content to, the "Hazardous Materials Transportation Act," 88 Stat.	43520
2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	43521
under it, and the "Motor Carrier Safety Act of 1984," 98 Stat.	43522
2832, 49 U.S.C.A. 2501, and regulations adopted under it,	43523
respectively. No person shall violate a rule adopted under	43524
division (A) or (B) of this section or any order of the commission	43525
issued to secure compliance with any such rule.	43526

(D) The commission shall cooperate with, and permit the use	43527
of, the services, records, and facilities of the commission as	43528
fully as practicable by appropriate officers of the interstate	43529
commerce commission, the United States department of	43530
transportation, and other federal agencies or commissions and	43531
appropriate commissions of other states in the enforcement and	43532
administration of state and federal laws relating to highway	43533
transportation by motor vehicles. The commission may enter into	43534
cooperative agreements with the interstate commerce commission,	43535
the United States department of transportation, and any other	43536
federal agency or commission to enforce the economic and safety	43537
laws and rules of this state and of the United States concerning	43538
highway transportation by motor vehicles. All grants-in-aid, cash,	43539
and reimbursements received by the commission pursuant to those	43540
cooperative agreements shall be deposited to the credit of the	43541
motor carrier safety fund, which is hereby created in the state	43542
treasury, to be used by the commission for the purpose of carrying	43543
out this section.	43544

(E) To achieve the purposes of this section, the commission	43545
may, through its inspectors or other authorized employees, inspect	43546
any vehicles of carriers of persons or property in interstate	43547
commerce subject to the safety rules prescribed by this section	43548
and may enter upon the premises and vehicles of such carriers to	43549
examine any of the carriers' records or documents that relate to	43550
the safety of operation of such carriers. In order to assist the	43551
commission in the performance of its duties under this section,	43552
authorized employees of the commercial motor vehicle safety	43553
enforcement unit, division of state highway patrol, of the	43554
department of public safety may enter in or upon, for purposes of	43555
inspection, any vehicle of any such carrier.	43556

In order to inspect motor vehicles owned or operated by	43557
private motor carriers of persons, authorized employees of the	43558
commercial motor vehicle safety enforcement unit, division of	43559
state highway patrol, of the department of public safety may enter	43560
in or upon the premises of any private carrier of persons in	43561
interstate commerce, subject to the safety rules prescribed by	43562
this section.	43563

Sec. 4928.62. (A) Beginning on the starting date of	43564
competitive retail electric service, there is hereby created the	43565
energy efficiency revolving loan program, which shall be	43566
administered by the director of development. Under the program,	43567
the director may authorize the use of moneys in the energy	43568
efficiency revolving loan fund for financial assistance for	43569
projects in this state. To the extent feasible given approved	43570
applications for assistance, the assistance shall be distributed	43571
among the certified territories of electric distribution utilities	43572
and participating electric cooperatives, and among the service	43573
areas of participating municipal electric utilities, in amounts	43574
proportionate to the remittances of each utility and cooperative	43575
under divisions (B)(1) and (3) of section 4928.61 of the Revised	43576
Code. The assistance ~~shall~~may be ~~made or~~ provided ~~through~~	43577
~~approved lending institutions~~by the director of development in	43578
the form of direct loans, or grants, or through lending	43579
institutions in the form of loan participation agreements at below	43580
market rates~~, loan guarantees for such loans, and~~or linked	43581
deposits ~~for such loans~~. The total of all grants provided in any	43582
one fiscal year shall not exceed ten per cent of the revenues paid	43583
into the energy efficiency revolving loan fund during the previous	43584
fiscal year.	43585

The director shall not authorize financial assistance under	43586
the program unless the director first determines all of the	43587
following:	43588

(1) The project will include an investment in products,	43589
technologies, or services, including energy efficiency or	43590
renewable energy for low-income housing, for residential, ~~small~~	43591
commercial and ~~small~~ industrial business, local government,	43592
educational institution, nonprofit entity, or agricultural	43593
customers of an electric distribution utility in this state or a	43594
participating municipal electric utility or electric cooperative	43595
in this state.	43596

(2) The project will improve energy efficiency, provide for	43597
the use of renewable energy, or monitor energy usage in a	43598
cost-efficient manner by using both the most appropriate national,	43599
federal, or other standards for products as determined by the	43600
director, and the best practices for use of technology, products,	43601
or services in the context of the total facility or building.	43602

(3) The project will benefit the economic and environmental	43603
welfare of the citizens of this state.	43604

(4) The receipt of financial assistance is a major factor in	43605
the applicant's decision to proceed with or invest in the project.	43606

(B) In carrying out sections 4928.61 to 4928.63 of the	43607
Revised Code, the director may do all of the following for the	43608
purpose of the energy efficiency revolving loan program:	43609

(1) Acquire in the name of the director any property of any	43610
kind or character in accordance with this section, by purchase,	43611
purchase at foreclosure, or exchange, on such terms and in such	43612
manner as the director considers proper;	43613

(2) Make and enter into all contracts and agreements	43614
necessary or incidental to the performance of the director's	43615
duties and the exercise of the director's powers under those	43616
sections;	43617

(3) Employ or enter into contracts with financial	43618
consultants, marketing consultants, consulting engineers,	43619
architects, managers, construction experts, attorneys, technical	43620
monitors, energy evaluators, or other employees or agents as the	43621
director considers necessary, and ~~shall~~ fix their compensation;	43622

(4) Adopt rules prescribing the application procedures for	43623
financial assistance under the program; the terms and conditions	43624
of any loans, loan guarantees, grants, linked deposits, and	43625
contracts; criteria pertaining to the eligibility of participating	43626
lending institutions; and any other matters necessary for the	43627
implementation of the program;	43628

(5) Do all things necessary and appropriate for the operation	43629
of the program.	43630

(C) Financial statements, financial data, and trade secrets	43631
submitted to or received by the director from an applicant or	43632
recipient of financial assistance under sections 4928.61 to	43633
4928.63 of the Revised Code, or any information taken from those	43634
statements, data, or trade secrets for any purpose, are not public	43635
records for the purpose of section 149.43 of the Revised Code.	43636

Sec. 4928.63. The director of development and the public	43637
benefits advisory board have the powers and duties provided in	43638
sections 4928.61 and 4928.62 of the Revised Code, in order to	43639
promote the welfare of the people of this state, to stabilize the	43640
economy, to assist in the improvement and development within this	43641
state of not-for-profit entity, industrial, commercial,	43642
distribution, residential, and research buildings and activities	43643
required for the people of this state, to improve the economic	43644
welfare of the people of this state, and also to assist in the	43645
improvement of air, water, or thermal pollution control facilities	43646
and solid waste disposal facilities. It is hereby determined that	43647
the accomplishment of those purposes is essential so that the	43648
people of this state may maintain their present high standards in	43649
comparison with the people of other states and so that	43650
opportunities for improving the economic welfare of the people of	43651
this state, for improving the housing of residents of this state,	43652
and for favorable markets for the products of this state's natural	43653
resources, agriculture, and manufacturing shall be improved; and	43654
that it is necessary for this state to establish the program	43655
authorized pursuant to sections 4928.61 and 4928.62 of the Revised	43656
Code~~, to establish the energy efficiency revolving loan program~~	43657
~~and program fund and the energy efficiency revolving loan program~~	43658
~~advisory board, and to vest the director and the board with the~~	43659
~~powers and duties provided in sections 4928.61 and 4928.62 of the~~	43660
~~Revised Code~~.	43661

Sec. 4931.45. (A) A final plan may be amended to expand the	43662
territory included in the countywide 9-1-1 system, to upgrade any	43663
part or all of a system from basic 9-1-1 to enhanced 9-1-1	43664
service, to adjust the territory served by a public safety	43665
answering point, to represcribe the funding of public safety	43666
answering points as between the alternatives set forth in division	43667
(B)(5) of section 4931.43 of the Revised Code, or to make any	43668
other necessary adjustments to the plan only by convening a new	43669
9-1-1 planning committee, and adopting an amended final plan. The	43670
convening of a new 9-1-1 planning committee and the proposal and	43671
adoption of an amended final plan shall be made in the same manner	43672
required for the convening of an initial committee and adoption of	43673
an original proposed and final plan under sections 4931.42 to	43674
4931.44 of the Revised Code. Adoption of any resolution under	43675
section 4931.51 of the Revised Code pursuant to a final plan that	43676
both has been adopted and provides for funding through charges	43677
imposed under that section is not an amendment of a final plan for	43678
the purpose of this division.	43679

(B) When a final plan is amended to expand the territory that	43680
receives 9-1-1 service or to upgrade a 9-1-1 system from basic to	43681
enhanced 9-1-1 service, ~~the provisions of~~ sections 4931.47 and	43682
~~5727.39~~5733.55 of the Revised Code apply with respect to the	43683
telephone company's recovery of the nonrecurring and recurring	43684
rates and charges for the telephone network portion of the system.	43685

Sec. 4931.47. (A) In accordance with Chapters 4901., 4903.,	43686
4905., 4909., and 4931. of the Revised Code, the public utilities	43687
commission shall determine the just, reasonable, and compensatory	43688
rates, tolls, classifications, charges, or rentals to be observed	43689
and charged for the telephone network portion of a basic and	43690
enhanced 9-1-1 system, and each telephone company participating in	43691
the system shall be subject to such chapters, to the extent they	43692
apply, as to the service provided by its portion of the telephone	43693
network system as described in the final plan or to be installed	43694
pursuant to agreements under section 4931.48 of the Revised Code,	43695
and as to the rates, tolls, classifications, charges, or rentals	43696
to be observed and charged for that service.	43697

(B) Only the customers of a participating telephone company	43698
that are served within the area covered by a 9-1-1 system shall	43699
pay the recurring rates for the maintenance and operation of the	43700
telephone network in providing 9-1-1 service. Such rates shall be	43701
computed by dividing the total monthly recurring rates set forth	43702
in a telephone company's schedule as filed in accordance with	43703
section 4905.30 of the Revised Code, by the total number of	43704
residential and business customer access lines, or their	43705
equivalent, within the area served. Each residential and business	43706
customer within the area served shall pay the recurring rates	43707
based on the number of its residential and business customer	43708
access lines or their equivalent. No company may include such	43709
amount on any customer's bill until the company has completed its	43710
portion of the telephone network in accordance with the terms,	43711
conditions, requirements, and specifications of the final plan or	43712
an agreement made under section 4931.48 of the Revised Code.	43713

(C)(1) Except as otherwise provided in division (C)(2) of	43714
this section, the total nonrecurring charges for the telephone	43715
network used in providing 9-1-1 service, as set forth in the	43716
schedule filed by a telephone company in accordance with section	43717
4905.30 of the Revised Code, on completion of the installation of	43718
the network in accordance with the terms, conditions,	43719
requirements, and specifications of the final plan or pursuant to	43720
section 4931.48 of the Revised Code shall be recovered by the	43721
company through the credit authorized by section ~~5727.39~~5733.55	43722
of the Revised Code.	43723

(2) The credit shall not be allowed for upgrading of a system	43724
from basic to enhanced 9-1-1 service when:	43725

(a) The telephone company received the credit for the	43726
telephone network portion of the basic 9-1-1 system now proposed	43727
to be upgraded; and	43728

(b) At the time the final plan or agreement pursuant to	43729
section 4931.48 of the Revised Code calling for the basic 9-1-1	43730
system was agreed to, the telephone company was capable of	43731
reasonably meeting the technical and economic requirements of	43732
providing the telephone network portion of an enhanced 9-1-1	43733
system within the territory proposed to be upgraded, as determined	43734
by the public utilities commission under division (A) or (H) of	43735
section 4931.41 or division (C) of section 4931.48 of the Revised	43736
Code.	43737

(3) When the credit is not allowed under division (C)(2) of	43738
this section, the total nonrecurring charges for the telephone	43739
network used in providing 9-1-1 service, as set forth in the	43740
schedule filed by a telephone company in accordance with section	43741
4905.30 of the Revised Code, on completion of the installation of	43742
the network in accordance with the terms, conditions,	43743
requirements, and specifications of the final plan or pursuant to	43744
section 4931.48 of the Revised Code, shall be paid by the	43745
municipal corporations and townships with any territory in the	43746
area in which such upgrade from basic to enhanced 9-1-1 service is	43747
made.	43748

(D) Where customer premises equipment for a public safety	43749
answering point is supplied by a telephone company that is	43750
required to file a schedule under section 4905.30 of the Revised	43751
Code pertaining to customer premises equipment, the recurring and	43752
nonrecurring rates and charges for the installation and	43753
maintenance of the equipment specified in the schedule shall	43754
apply.	43755

Sec. 4931.48. (A) If a final plan is disapproved under	43756
division (B) of section 4931.44 of the Revised Code, by	43757
resolution, the legislative authority of a municipal corporation	43758
or township that contains at least thirty per cent of the county's	43759
population may establish within its boundaries, or the legislative	43760
authorities of a group of municipal corporations or townships each	43761
of which is contiguous with at least one other such municipal	43762
corporation or township in the group, together containing at least	43763
thirty per cent of the county's population, may jointly establish	43764
within their boundaries a 9-1-1 system. For this purpose, the	43765
municipal corporation or township may enter into an agreement, and	43766
the contiguous municipal corporations or townships may jointly	43767
enter into an agreement with a telephone company providing service	43768
in the municipal corporations or townships to provide for the	43769
telephone network portion of the system.	43770

(B) If no resolution has been adopted to convene a 9-1-1	43771
planning committee under section 4931.42 of the Revised Code, but	43772
not sooner than eighteen months after the effective date of such	43773
section, by resolution, the legislative authority of any municipal	43774
corporation in the county may establish within its boundaries, or	43775
the legislative authorities of a group of municipal corporations	43776
and townships each of which is contiguous to at least one of the	43777
other such municipal corporations or townships in the group may	43778
jointly establish within their boundaries, a 9-1-1 system. The	43779
municipal corporation or contiguous municipal corporations and	43780
townships, may enter into an agreement with a telephone company	43781
serving ~~cutomers~~customers within the boundaries of the municipal	43782
corporation or contiguous municipal corporations and townships, to	43783
provide for the telephone network portion of a 9-1-1 system.	43784

(C) Whenever a telephone company and one or more municipal	43785
corporations and townships enter into an agreement under this	43786
section to provide for the telephone network portion of a basic	43787
9-1-1 system, the telephone company shall so notify the public	43788
utilities commission, which shall determine whether the telephone	43789
company is capable of reasonably meeting the technical and	43790
economic requirements of providing the telephone network for an	43791
enhanced system within the territory served by the company and	43792
covered by the agreement. The determination shall be made solely	43793
for the purposes of division (C)(2) of section 4931.47 of the	43794
Revised Code.	43795

(D) Within three years from the date of entering into an	43796
agreement under division (A) or (B) of this section, the telephone	43797
company shall have installed the telephone network portion of the	43798
9-1-1 system according to the terms, conditions, requirements, and	43799
specifications set forth in the agreement.	43800

(E) The telephone company shall recover the cost of	43801
installing the telephone network system pursuant to agreements	43802
made under this section as provided in ~~sections~~section 4931.47	43803
~~and 5727.39~~of the Revised Code, as authorized under section	43804
5733.55 of the Revised Code.	43805

Sec. 4973.17. (A) Upon the application of any bank, building	43806
and loan association, or association of banks or building and loan	43807
associations in this state, the ~~governor~~secretary of state may	43808
appoint and commission any persons that the bank, building and	43809
loan association, or association of banks or building and loan	43810
associations designates, or as many of those persons as the	43811
~~governor~~secretary of state considers proper, to act as police	43812
officers for and on the premises of that bank, building and loan	43813
association, or association of banks or building and loan	43814
associations, or elsewhere, when directly in the discharge of	43815
their duties. Police officers so appointed shall be citizens of	43816
this state and of good character. They shall hold office for three	43817
years, unless, for good cause shown, their commission is revoked	43818
by the ~~governor~~secretary of state, or by the bank, building and	43819
loan association, or association of banks or building and loan	43820
associations, as provided by law.	43821

(B) Upon the application of a company owning or using a	43822
railroad in this state and subject to section 4973.171 of the	43823
Revised Code, the ~~governor~~secretary of state may appoint and	43824
commission any persons that the railroad company designates, or as	43825
many of those persons as the ~~governor~~secretary of state considers	43826
proper, to act as police officers for and on the premises of the	43827
railroad company, its affiliates or subsidiaries, or elsewhere,	43828
when directly in the discharge of their duties. Police officers so	43829
appointed, within the time set by the Ohio peace officer training	43830
commission, shall successfully complete a commission approved	43831
training program and be certified by the commission. They shall	43832
hold office for three years, unless, for good cause shown, their	43833
commission is revoked by the ~~governor~~secretary of state, or	43834
railroad company, as provided by law.	43835

Any person holding a similar commission in another state may	43836
be commissioned and may hold office in this state without	43837
completing the approved training program required by this division	43838
provided that ~~that~~ the person has completed a substantially	43839
equivalent training program in the other state. The Ohio peace	43840
officer training commission shall determine whether a training	43841
program in another state meets the requirements of this division.	43842

(C) Upon the application of any company under contract with	43843
the United States atomic energy commission for the construction or	43844
operation of a plant at a site owned by ~~such~~the commission, the	43845
~~governor~~secretary of state may appoint and commission ~~such~~	43846
persons as the company designates, not to exceed one hundred	43847
fifty, to act as police officers for the company at the plant or	43848
site owned by ~~such~~the commission. Police officers so appointed	43849
shall be citizens of this state and of good character. They shall	43850
hold office for three years, unless, for good cause shown, their	43851
commission is revoked by the ~~governor~~secretary of state or by the	43852
company, as provided by law.	43853

(D)(1) Upon the application of any hospital that is operated	43854
by a public hospital agency or a nonprofit hospital agency and	43855
that employs and maintains its own proprietary police department	43856
or security department and subject to section 4973.171 of the	43857
Revised Code, the ~~governor~~secretary of state may appoint and	43858
commission any persons that the hospital designates, or as many of	43859
those persons as the ~~governor~~secretary of state considers proper,	43860
to act as police officers for the hospital. No person who is	43861
appointed as a police officer under this division shall engage in	43862
any duties or activities as a police officer for the hospital or	43863
any affiliate or subsidiary of the hospital unless all of the	43864
following apply:	43865

(a) The chief of police of the municipal corporation in which	43866
the hospital is located, or, if the hospital is located in the	43867
unincorporated area of a county, the sheriff of that county, has	43868
granted approval to the hospital to permit persons appointed as	43869
police officers under this division to engage in those duties and	43870
activities. The approval required by this division is general in	43871
nature and is intended to cover in the aggregate all persons	43872
appointed as police officers for the hospital under this division;	43873
a separate approval is not required for each appointee on an	43874
individual basis.	43875

(b) Subsequent to the grant of approval described in division	43876
(D)(1)(a) of this section, the hospital has entered into a written	43877
agreement with the chief of police of the municipal corporation in	43878
which the hospital is located, or, if the hospital is located in	43879
the unincorporated area of a county, with the sheriff of that	43880
county, that sets forth the standards and criteria to govern the	43881
interaction and cooperation between persons appointed as police	43882
officers for the hospital under this division and law enforcement	43883
officers serving the agency represented by the chief of police or	43884
sheriff who signed the agreement in areas of their concurrent	43885
jurisdiction. The written agreement shall be signed by the	43886
appointing authority of the hospital and by the chief of police or	43887
sheriff. The standards and criteria may include, but are not	43888
limited to, provisions governing the reporting of offenses	43889
discovered by hospital police officers to the agency represented	43890
by the chief of police or sheriff, provisions governing	43891
investigatory responsibilities relative to offenses committed on	43892
hospital property, and provisions governing the processing and	43893
confinement of persons arrested for offenses committed on hospital	43894
property. The agreement required by this division is intended to	43895
apply in the aggregate to all persons appointed as police officers	43896
for the hospital under this division; a separate agreement is not	43897
required for each appointee on an individual basis.	43898

(c) The person has successfully completed a training program	43899
approved by the Ohio peace officer training commission and has	43900
been certified by the commission. A person appointed as a police	43901
officer under this division may attend a training program approved	43902
by the commission and be certified by the commission regardless of	43903
whether the appropriate chief of police or sheriff has granted the	43904
approval described in division (D)(1)(a) of this section and	43905
regardless of whether the hospital has entered into the written	43906
agreement described in division (D)(1)(b) of this section with the	43907
appropriate chief of police or sheriff.	43908

(2)(a) A person who is appointed as a police officer under	43909
division (D)(1) of this section is entitled, upon the grant of	43910
approval described in division (D)(1)(a) of this section and upon	43911
~~that~~ the person's and the hospital's compliance with the	43912
requirements of divisions (D)(1)(b) and (c) of this section, to	43913
act as a police officer for the hospital on the premises of the	43914
hospital and of its affiliates and subsidiaries that are within	43915
the territory of the municipal corporation served by the chief of	43916
police or the unincorporated area of the county served by the	43917
sheriff who signed the written agreement described in division	43918
(D)(1)(b) of this section, whichever is applicable, and anywhere	43919
else within the territory of that municipal corporation or within	43920
the unincorporated area of that county. The authority to act as a	43921
police officer as described in this division is granted only if	43922
the person, when engaging in that activity, is directly in the	43923
discharge of ~~that~~ the person's duties as a police officer for the	43924
hospital. The authority to act as a police officer as described in	43925
this division shall be exercised in accordance with the standards	43926
and criteria set forth in the written agreement described in	43927
division (D)(1)(b) of this section.	43928

(b) Additionally, a person appointed as a police officer	43929
under division (D)(1) of this section is entitled, upon the grant	43930
of approval described in division (D)(1)(a) of this section and	43931
upon ~~that~~ the person's and the hospital's compliance with the	43932
requirements of divisions (D)(1)(b) and (c) of this section, to	43933
act as a police officer elsewhere, within the territory of a	43934
municipal corporation or within the unincorporated area of a	43935
county, if the chief of police of that municipal corporation or	43936
the sheriff of that county, respectively, has granted approval for	43937
that activity to the hospital, police department, or security	43938
department served by the person as a police officer and if the	43939
person, when engaging in that activity, is directly in the	43940
discharge of ~~that~~ the person's duties as a police officer for the	43941
hospital. The approval described in this division may be general	43942
in nature or may be limited in scope, duration, or applicability,	43943
as determined by the chief of police or sheriff granting the	43944
approval.	43945

(3) Police officers appointed under division (D)(1) of this	43946
section shall hold office for three years, unless, for good cause	43947
shown, their commission is revoked by the ~~governor~~secretary of	43948
state or by the hospital, as provided by law. As used in divisions	43949
(D)(1) to (3) of this section, "public hospital agency" and	43950
"nonprofit hospital agency" have the same ~~meaning~~meanings as in	43951
section 140.01 of the Revised Code.	43952

(E) A fee of ~~five~~fifteen dollars for each commission applied	43953
for under this section shall be paid at the time the application	43954
is made, and this amount shall be returned if for any reason a	43955
commission is not issued.	43956

Sec. 4981.20. (A) Any real or personal property, or both, of	43957
the Ohio rail development commission that is acquired,	43958
constructed, reconstructed, enlarged, improved, furnished, or	43959
equipped, or any combination thereof, and leased or subleased	43960
under authority of sections 4981.11 to 4981.26 of the Revised Code	43961
shall be subject to ad valorem, sales, use, and franchise taxes	43962
and to zoning, planning, and building regulations and fees, to the	43963
same extent and in the same manner as if the lessee-user or	43964
sublessee-user thereof, rather than the issuer, had acquired,	43965
constructed, reconstructed, enlarged, improved, furnished, or	43966
equipped, or any combination thereof, such real or personal	43967
property, and title thereto was in the name of such lessee-user or	43968
sublessee-user.	43969

The transfer of tangible personal property by lease or	43970
sublease under authority of sections 4981.11 to 4981.26 of the	43971
Revised Code is not a sale as used in Chapter 5739. of the Revised	43972
Code. The exemptions provided in divisions (B)(1) and ~~(14)~~(13) of	43973
section 5739.02 of the Revised Code shall not be applicable to	43974
purchases for a project under sections 4981.11 to 4981.26 of the	43975
Revised Code.	43976

The issuer shall be exempt from all taxes on its real or	43977
personal property, or both, which has been acquired, constructed,	43978
reconstructed, enlarged, improved, furnished, or equipped, or any	43979
combination thereof, under sections 4981.11 to 4981.26 of the	43980
Revised Code so long as such property is used by the issuer for	43981
purposes which would otherwise exempt such property; has ceased to	43982
be used by a former lessee-user or sublessee-user and is not	43983
occupied or used; or has been acquired by the issuer but	43984
development has not yet commenced. The exemption shall be	43985
effective as of the date the exempt use begins. All taxes on the	43986
exempt real or personal property for the year should be prorated	43987
and the taxes for the exempt portion of the year shall be remitted	43988
by the county auditor.	43989

(B) Bonds issued under sections 4981.11 to 4981.26 of the	43990
Revised Code, the transfer thereof, and the interest and other	43991
income from the bonds, including any profit made on the sale	43992
thereof, are free from taxation within the state.	43993

Sec. 5101.11. This section does not apply to contracts	43994
entered into under section ~~5111.022,~~ 5111.90, or 5111.91 of the	43995
Revised Code.	43996

(A) As used in this section:

43997

(1) "Entity" includes an agency, board, commission, or	43998
department of the state or a political subdivision of the state; a	43999
private, nonprofit entity; a school district; a private school; or	44000
a public or private institution of higher education.	44001

(2) "Federal financial participation" means the federal	44002
government's share of expenditures made by an entity in	44003
implementing a program administered by the department of job and	44004
family services.	44005

(B) At the request of any public entity having authority to	44006
implement a program administered by the department of job and	44007
family services or any private entity under contract with a public	44008
entity to implement a program administered by the department, the	44009
department may seek to obtain federal financial participation for	44010
costs incurred by the entity. Federal financial participation may	44011
be sought from programs operated pursuant to Title IV-A, Title	44012
IV-E, and Title XIX of the "Social Security Act," 49 Stat. 620	44013
(1935), 42 U.S.C. 301, as amended; the "Food Stamp Act of 1964,"	44014
78 Stat. 703, 7 U.S.C. 2011, as amended; and any other statute or	44015
regulation under which federal financial participation may be	44016
available, except that federal financial participation may be	44017
sought only for expenditures made with funds for which federal	44018
financial participation is available under federal law.	44019

(C) All funds collected by the department of job and family	44020
services pursuant to division (B) of this section shall be	44021
distributed to the entities that incurred the costs, except for	44022
any amounts retained by the department pursuant to division (D)(3)	44023
of this section.	44024

(D) In distributing federal financial participation pursuant	44025
to this section, the department may either enter into an agreement	44026
with the entity that is to receive the funds or distribute the	44027
funds in accordance with rules adopted under division (F) of this	44028
section. If the department decides to enter into an agreement to	44029
distribute the funds, the agreement may include terms that do any	44030
of the following:	44031

(1) Provide for the whole or partial reimbursement of any	44032
cost incurred by the entity in implementing the program;	44033

(2) In the event that federal financial participation is	44034
disallowed or otherwise unavailable for any expenditure, require	44035
the department of job and family services or the entity, whichever	44036
party caused the disallowance or unavailability of federal	44037
financial participation, to assume responsibility for the	44038
expenditures;	44039

(3) Permit the department to retain not more than five per	44040
cent of the amount of the federal financial participation to be	44041
distributed to the entity;	44042

(4) Require the public entity to certify the availability of	44043
sufficient unencumbered funds to match the federal financial	44044
participation it receives under this section;	44045

(5) Establish the length of the agreement, which may be for a	44046
fixed or a continuing period of time;	44047

(6) Establish any other requirements determined by the	44048
department to be necessary for the efficient administration of the	44049
agreement.	44050

(E) An entity that receives federal financial participation	44051
pursuant to this section for a program aiding children and their	44052
families shall establish a process for collaborative planning with	44053
the department of job and family services for the use of the funds	44054
to improve and expand the program.	44055

(F) The director of job and family services shall adopt rules	44056
as necessary to implement this section, including rules for the	44057
distribution of federal financial participation pursuant to this	44058
section. The rules shall be adopted in accordance with Chapter	44059
119. of the Revised Code. The director may adopt or amend any	44060
statewide plan required by the federal government for a program	44061
administered by the department, as necessary to implement this	44062
section.	44063

(G) Federal financial participation received pursuant to this	44064
section shall not be included in any calculation made under	44065
section 5101.16 or 5101.161 of the Revised Code.	44066

Sec. 5101.12. The department of job and family services shall	44067
maximize its receipt of federal revenue. In fulfilling this duty,	44068
the department may enter into contracts to maximize federal	44069
revenue without the expenditure of state money. In selecting	44070
entities with which to contract, the department shall engage in a	44071
request for proposals process. The department may also enter into	44072
contracts with public entities providing revenue maximization	44073
services.	44074

Each year in January and July, the department shall submit a	44075
report to the office of budget and management outlining the	44076
department's success in maximizing federal revenue. The office of	44077
budget and management shall establish procedures and requirements	44078
for preparing and submitting the reports and shall compile data	44079
concerning the amount of federal revenue received by the	44080
department. The department shall submit a copy of each of its	44081
reports to the speaker and minority leader of the house of	44082
representatives, the president and minority leader of the senate,	44083
and the legislative service commission.	44084

Sec. 5101.14. (A) As used in this section and section	44085
5101.144 of the Revised Code, "children services" means services	44086
provided to children pursuant to Chapter 5153. of the Revised	44087
Code.	44088

(B) Within available funds, the department of job and family	44089
services shall ~~make payments~~distribute funds to the counties	44090
within thirty days after the beginning of each calendar quarter	44091
for a part of ~~their~~the counties' costs for children services to	44092
~~children performed pursuant to Chapter 5153. of the Revised Code~~.	44093

Funds provided to the county under this section shall be	44094
deposited into the children services fund created pursuant to	44095
section 5101.144 of the Revised Code.	44096

~~(B)(1) The funds distributed under this section shall be used~~	44097
~~for the following:~~	44098

~~(a) Home-based services to children and families;~~

44099

~~(b) Protective services to children;~~

44100

~~(c) To find, develop, and approve adoptive homes;~~

44101

~~(d) Short-term, out-of-home care and treatment for children;~~

44102

~~(e) Costs for the care of a child who resides with a~~	44103
~~caretaker relative, other than the child's parent, and is in the~~	44104
~~legal custody of a public children services agency pursuant to a~~	44105
~~voluntary temporary custody agreement entered into under division~~	44106
~~(A) of section 5103.15 of the Revised Code or in the legal custody~~	44107
~~of a public children services agency or the caretaker relative~~	44108
~~pursuant to an allegation or adjudication of abuse, neglect, or~~	44109
~~dependency made under Chapter 2151. of the Revised Code;~~	44110

~~(f) Other services a public children services agency~~	44111
~~considers necessary to protect children from abuse, neglect, or~~	44112
~~dependency.~~	44113

~~(2) No funds distributed under this section shall be used for~~	44114
~~the costs of maintaining a child in a children's home owned and~~	44115
~~operated by the county.~~	44116

(C) In each fiscal year, the amount of funds available for	44117
distribution under this section shall be allocated to counties as	44118
follows:	44119

(1) If the amount is less than the amount initially	44120
appropriated for the immediately preceding fiscal year, each	44121
county shall receive an amount equal to the percentage of the	44122
funding it received in the immediately preceding fiscal year,	44123
exclusive of any releases from or additions to the allocation or	44124
any sanctions imposed under this section;	44125

(2) If the amount is equal to the amount initially	44126
appropriated for the immediately preceding fiscal year, each	44127
county shall receive an amount equal to the amount it received in	44128
the preceding fiscal year, exclusive of any releases from or	44129
additions to the allocation or any sanctions imposed under this	44130
section;	44131

(3) If the amount is greater than the amount initially	44132
appropriated for the immediately preceding fiscal year, each	44133
county shall receive the amount determined under division (C)(2)	44134
of this section as a base allocation, plus a percentage of the	44135
amount that exceeds the amount initially appropriated for the	44136
immediately preceding fiscal year. The amount exceeding the amount	44137
initially appropriated in the immediately preceding fiscal year	44138
shall be allocated to the counties as follows:	44139

(a) Twelve per cent divided equally among all counties;

44140

(b) Forty-eight per cent in the ratio that the number of	44141
residents of the county under the age of eighteen bears to the	44142
total number of such persons residing in this state;	44143

(c) Forty per cent in the ratio that the number of residents	44144
of the county with incomes under the federal poverty guideline	44145
bears to the total number of such persons in this state.	44146

As used in division (C)(3)(c) of this section, "federal	44147
poverty guideline" means the poverty guideline as defined by the	44148
United States office of management and budget and revised by the	44149
United States secretary of health and human services in accordance	44150
with section 673 of the "Community Services Block Grant Act," 95	44151
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.	44152

(D) ~~The director of job and family services may adopt rules~~	44153
~~as necessary for the allocation of funds under this section. The~~	44154
~~rules shall be adopted in accordance with section 111.15 of the~~	44155
~~Revised Code.~~	44156

~~(E)(1) As used in this division, "services to children" means~~	44157
~~children's protective services, home-based services to children~~	44158
~~and families, foster home services, residential treatment~~	44159
~~services, adoptive services, and independent living services.~~	44160

~~(2) Except as otherwise provided in this section, the~~	44161
~~allocation of funds for a fiscal year to a county under this~~	44162
~~section shall be reduced by the department if in the preceding~~	44163
~~calendar year the total amount expended for services to children~~	44164
~~from local funds was less than the total expended from that source~~	44165
~~in the second preceding calendar year. The reduction shall be~~	44166
~~equal to the difference between the total expended in the~~	44167
~~preceding calendar year and the total expended in the second~~	44168
~~preceding calendar year.~~	44169

~~The determination of whether the amount expended for services~~	44170
~~to children was less in the preceding calendar year than in the~~	44171
~~second preceding calendar year shall not include a difference due~~	44172
~~to any of the following factors to the extent that the difference~~	44173
~~does not exceed the amount attributable to that factor:~~	44174

~~(a) An across-the-board reduction in the county budget as a~~	44175
~~whole;~~	44176

~~(b) A reduced or failed levy specifically earmarked for~~	44177
~~children services;~~	44178

~~(c) The closure of, or a reduction in the operating capacity~~	44179
~~of, a children's home owned and operated by the county.~~	44180

~~(3) Funds withheld under this division may be reallocated by~~	44181
~~the department to other counties. The department may grant whole~~	44182
~~or partial waivers of the provisions of this division.~~	44183

~~(F) Children who are in the temporary or permanent custody of~~	44184
~~a certified public or private nonprofit agency or institution, or~~	44185
~~who are in adoptions subsidized under division (B) of section~~	44186
~~5153.163 of the Revised Code are eligible for medical assistance~~	44187
~~through the medical assistance program established under section~~	44188
~~5111.01 of the Revised Code.~~	44189

~~(G)~~ Within ninety days after the end of each state fiscal	44190
~~year~~biennium, each county shall return any unspent funds to the	44191
department.	44192

~~(H) In accordance with Chapter 119. of the Revised Code, the~~	44193
(E) The director ~~shall~~of job and family services may adopt~~, and~~	44194
~~may amend and rescind,~~the following rules in accordance with	44195
section 111.15 of the Revised Code:	44196

(1) Rules that are necessary for the allocation of funds	44197
under this section;	44198

(2) Rules prescribing reports on expenditures to be submitted	44199
by the counties as necessary for the implementation of this	44200
section.	44201

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	44202
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	44203
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	44204

(B) The department of job and family services shall act as	44205
the single state agency to administer federal payments for foster	44206
care and adoption assistance made pursuant to Title IV-E ~~of the~~	44207
~~"Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as~~	44208
~~amended~~. The director of job and family services shall adopt rules	44209
to implement this authority. ~~Internal management rules~~Rules	44210
governing financial and administrative requirements applicable to	44211
public children services agencies~~, private child placing agencies,~~	44212
and ~~private noncustodial agencies~~government entities that provide	44213
Title IV-E reimbursable placement services to children shall be	44214
adopted in accordance with section 111.15 of the Revised Code, as	44215
if they were internal management rules. Rules governing	44216
requirements applicable to private child placing agencies and	44217
private noncustodial agencies and rules establishing eligibility,	44218
program participation, and other requirements concerning Title	44219
IV-E shall be adopted in accordance with Chapter 119. of the	44220
Revised Code. A public children services agency to which the	44221
department distributes Title IV-E funds shall administer the funds	44222
in accordance with those rules.	44223

~~(B)~~(C)(1) The county, on behalf of each child eligible for	44224
foster care maintenance payments under Title IV-E ~~of the "Social~~	44225
~~Security Act~~," shall make payments to cover the cost of providing	44226
all of the following:	44227

(a) The child's food, clothing, shelter, daily supervision,	44228
and school supplies;	44229

(b) The child's personal incidentals;

44230

44231

(2) In addition to payments made under division ~~(B)~~(C)(1) of	44232
this section, the county may, on behalf of each child eligible for	44233
foster care maintenance payments under Title IV-E ~~of the "Social~~	44234
~~Security Act~~," make payments to cover the cost of providing the	44235
following:	44236

(a) Liability insurance with respect to the child;

44237

(b) If the county is participating in the demonstration	44238
project established under division (A) of section 5101.142 of the	44239
Revised Code, services provided under the project.	44240

(3) With respect to a child who is in a child-care	44241
institution, including any type of group home designed for the	44242
care of children or any privately operated program consisting of	44243
two or more certified foster homes operated by a common	44244
administrative unit, the foster care maintenance payments made by	44245
the county on behalf of the child shall include the reasonable	44246
cost of the administration and operation of the institution, group	44247
home, or program, as necessary to provide the items described in	44248
divisions ~~(B)~~(C)(1) and (2) of this section.	44249

~~(C)~~(D) To the extent that either foster care maintenance	44250
payments under division ~~(B)~~(C) of this section or Title IV-E	44251
adoption assistance payments for maintenance costs require the	44252
expenditure of county funds, the board of county commissioners	44253
shall report the nature and amount of each expenditure of county	44254
funds to the department.	44255

~~(D)~~(E) The department shall distribute to public children	44256
services agencies that incur and report such expenditures federal	44257
financial participation received for administrative and training	44258
costs incurred in the operation of foster care maintenance and	44259
adoption assistance programs. The department may withhold not more	44260
than three per cent of the federal financial participation	44261
received. The funds withheld may be used only to fund the Ohio	44262
child welfare training program established under section 5153.60	44263
of the Revised Code and the university partnership program for	44264
college and university students majoring in social work who have	44265
committed to work for a public children services agency upon	44266
graduation. The funds withheld shall be in addition to any	44267
administration and training cost for which the department is	44268
reimbursed through its own cost allocation plan.	44269

~~(E)~~(F) All federal financial participation funds received by	44270
a county pursuant to this section shall be deposited into the	44271
county's children services fund created pursuant to section	44272
5101.144 of the Revised Code.	44273

~~(F)~~(G) The department shall periodically publish and	44274
distribute the maximum amounts that the department will reimburse	44275
public children services agencies for making payments on behalf of	44276
children eligible for foster care maintenance payments.	44277

~~(G)~~(H) The department, by and through its director, is hereby	44278
authorized to develop, participate in the development of,	44279
negotiate, and enter into one or more interstate compacts on	44280
behalf of this state with agencies of any other states, for the	44281
provision of medical assistance and other social services to	44282
children in relation to whom all of the following apply:	44283

(1) They have special needs.

44284

(2) This state or another state that is a party to the	44285
interstate compact is providing adoption assistance on their	44286
behalf.	44287

(3) They move into this state from another state or move out	44288
of this state to another state.	44289

Sec. 5101.142. (A) The department of job and family services	44290
may apply to the United States secretary of health and human	44291
services for a waiver of requirements established under Title IV-E	44292
~~of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670~~	44293
~~(1980)~~, or regulations adopted thereunder, to conduct a	44294
demonstration project expanding eligibility for and services	44295
provided under Title IV-E. The department may enter into	44296
agreements with the secretary necessary to implement the	44297
demonstration project, including agreements establishing the terms	44298
and conditions of the waiver authorizing the project. If a	44299
demonstration project is to be established, the department shall	44300
do all of the following:	44301

(1) Have the director of job and family services adopt rules	44302
in accordance with Chapter 119. of the Revised Code governing the	44303
project. The rules shall be consistent with the agreements the	44304
department enters into with the secretary.	44305

(2) Enter into agreements with public children services	44306
agencies that the department selects for participation in the	44307
project. The department shall not select an agency that objects to	44308
participation or refuses to be bound by the terms and conditions	44309
of the project.	44310

(3) Contract with persons or governmental agencies providing	44311
services under the project;	44312

(4) Amend the state plan required by section 471 of the	44313
"Social Security Act," 42 U.S.C.A. 671, as amended, as needed to	44314
implement the project;	44315

(5) Conduct ongoing evaluations of the project;

44316

(6) Perform other administrative and operational activities	44317
required by the agreement with the secretary.	44318

(B) The department may apply to the United States secretary	44319
of health and human services for a waiver of the requirements	44320
established under Title IV-B of the "Social Security Act of 1967,"	44321
81 Stat. 821, 42 U.S.C.A. 620 or regulations adopted thereunder	44322
and established under any other federal law or regulations that	44323
affect the children services functions prescribed by Chapter 5153.	44324
of the Revised Code, to conduct demonstration projects or	44325
otherwise improve the effectiveness and efficiency of the children	44326
services function.	44327

Sec. 5101.144. ~~As used in this section, "children services"~~	44328
~~means services provided to children pursuant to Chapter 5153. of~~	44329
~~the Revised Code.~~	44330

Each county shall deposit all funds its public children	44331
services agency receives from appropriations made by the board of	44332
county commissioners or any other source for the purpose of	44333
providing children services into a special fund in the county	44334
treasury known as the children services fund. A county shall use	44335
money in the fund only for the purposes of meeting the expenses of	44336
providing children services.	44337

Sec. 5101.145. (A) ~~For the purposes of this section, "Title~~	44338
~~IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501,~~	44339
~~42 U.S.C.A. 670 (1980).~~	44340

~~(B)~~ In adopting rules under section 5101.141 of the Revised	44341
Code regarding financial requirements applicable to public	44342
children services agencies, private child placing agencies, ~~and~~	44343
private noncustodial agencies, and government entities that	44344
provide Title IV-E reimbursable placement services to children,	44345
the department of job and family services shall establish both of	44346
the following:	44347

(1) A single form for the agencies or entities to report	44348
costs reimbursable under Title IV-E and costs reimbursable under	44349
medicaid;	44350

(2) Procedures to monitor cost reports submitted by the	44351
agencies or entities.	44352

~~(C)~~(B) The procedures established under division ~~(B)~~(A)(2) of	44353
this section shall be implemented not later than October 1, 2003.	44354
The procedures shall be used to do both of the following:	44355

(1) Determine which of the costs are reimbursable under Title	44356
IV-E;	44357

(2) Ensure that costs reimbursable under medicaid are	44358
excluded from determinations made under division ~~(C)~~(B)(1) of this	44359
section.	44360

Sec. 5101.146. The department of job and family services	44361
shall establish the following penalties, which shall be enforced	44362
at the discretion of the department, for the failure of a public	44363
children services agency, private child placing agency, or private	44364
noncustodial agency, or government entity that provides Title IV-E	44365
reimbursable placement services to children to comply with	44366
procedures the department establishes to ensure fiscal	44367
accountability:	44368

(A) For initial failure, the department and the agency or	44369
entity involved shall jointly develop and implement a corrective	44370
action plan according to a specific schedule. If requested by the	44371
agency or entity involved, the department shall provide technical	44372
assistance to the agency or entity to ensure the fiscal	44373
accountability procedures and goals of the plan are met.	44374

(B) For subsequent failures or failure to achieve the goals	44375
of the plan described in division (A) of this section, ~~either~~one	44376
of the following:	44377

(1) For public children services agencies, the department may	44378
take any action permitted under division (B)(3), (4), or (5) of	44379
section 5101.24 of the Revised Code.	44380

(2) For private child placing agencies or private	44381
noncustodial agencies, cancellation of any Title IV-E allowability	44382
rates for the agency involved pursuant to section 5101.141 of the	44383
Revised Code or revocation pursuant to Chapter 119. of the Revised	44384
Code of that agency's certificate issued under section 5103.03 of	44385
the Revised Code;	44386

(3) For government entities, other than public children	44387
services agencies, that provide Title IV-E reimbursable placement	44388
services to children, cancellation of any Title IV-E allowability	44389
rates for the entity involved pursuant to section 5101.141 of the	44390
Revised Code.	44391

Sec. 5101.1410. In addition to the remedies available under	44392
sections 5101.146 and 5101.24 of the Revised Code, the department	44393
of job and family services may certify a claim to the attorney	44394
general under section 131.02 of the Revised Code for the attorney	44395
general to take action under that section against a public	44396
children services agency, private child placing agency, private	44397
noncustodial agency, or government entity that provides Title IV-E	44398
reimbursable placement services to children if all of the	44399
following are the case:	44400

(A) The agency or entity files a cost report with the	44401
department pursuant to rules adopted under division (B) of section	44402
5101.141 of the Revised Code.	44403

(B) The department receives and distributes federal Title	44404
IV-E reimbursement funds based on the cost report.	44405

(C) The agency's or entity's misstatement, misclassification,	44406
overstatement, understatement, or other inclusion or omission of	44407
any cost included in the cost report causes the United States	44408
department of health and human services to disallow all or part of	44409
the federal Title IV-E reimbursement funds the department received	44410
and distributed.	44411

Sec. 5101.16. (A) As used in this section and sections	44412
5101.161 and 5101.162 of the Revised Code:	44413

(1) "Disability financial assistance" means the financial ~~and~~	44414
~~medical~~ assistance ~~provided~~program established under Chapter	44415
5115. of the Revised Code.	44416

(2) "Disability medical assistance" means the medical	44417
assistance program established under Chapter 5115. of the Revised	44418
Code.	44419

(3) "Food stamps" means the program administered by the	44420
department of job and family services pursuant to section 5101.54	44421
of the Revised Code.	44422

~~(3)~~(4) "Medicaid" means the medical assistance program	44423
established by Chapter 5111. of the Revised Code, excluding	44424
transportation services provided under that chapter.	44425

~~(4)~~(5) "Ohio works first" means the program established by	44426
Chapter 5107. of the Revised Code.	44427

~~(5)~~(6) "Prevention, retention, and contingency" means the	44428
program established by Chapter 5108. of the Revised Code.	44429

~~(6)~~(7) "Public assistance expenditures" means expenditures	44430
for all of the following:	44431

(a) Ohio works first;

44432

(b) County administration of Ohio works first;

44433

44434

(d) County administration of prevention, retention, and	44435
contingency;	44436

(e) Disability financial assistance;

44437

(f) Disability medical assistance;

44438

(g) County administration of disability financial assistance;

44439

~~(g)~~(h) County administration of disability medical	44440
assistance;	44441

(i) County administration of food stamps;

44442

~~(h)~~(j) County administration of medicaid.

44443

(7) "Title IV-A program" has the same meaning as in section	44444
5101.80 of the Revised Code.	44445

(B) Each board of county commissioners shall pay the county	44446
share of public assistance expenditures in accordance with section	44447
5101.161 of the Revised Code. Except as provided in division (C)	44448
of this section, a county's share of public assistance	44449
expenditures is the sum of all of the following for state fiscal	44450
year 1998 and each state fiscal year thereafter:	44451

(1) The amount that is twenty-five per cent of the county's	44452
total expenditures for disability financial assistance and	44453
disability medical assistance and county administration of	44454
~~disability assistance~~those programs during the state fiscal year	44455
ending in the previous calendar year that the department of job	44456
and family services determines are allowable.	44457

(2) The amount that is ten per cent, or other percentage	44458
determined under division (D) of this section, of the county's	44459
total expenditures for county administration of food stamps and	44460
medicaid during the state fiscal year ending in the previous	44461
calendar year that the department determines are allowable, less	44462
the amount of federal reimbursement credited to the county under	44463
division (E) of this section for the state fiscal year ending in	44464
the previous calendar year;	44465

(3)~~(a) Except as provided in division (B)(3)(b) of this~~	44466
~~section,~~A percentage of the actual amount~~, as determined by the~~	44467
~~department of job and family services from expenditure reports~~	44468
~~submitted to the United States department of health and human~~	44469
~~services,~~ of the county share of program and administrative	44470
expenditures during federal fiscal year 1994 for assistance and	44471
services, other than child day-care, provided under Titles IV-A	44472
and IV-F of the "Social Security Act," 49 Stat. 620 (1935), 42	44473
U.S.C. 301, as those titles existed prior to the enactment of the	44474
"Personal Responsibility and Work Opportunity Reconciliation Act	44475
of 1996," 110 Stat. 2105. The department of job and family	44476
services shall determine the actual amount of the county share	44477
from expenditure reports submitted to the United States department	44478
of health and human services. The percentage shall be the	44479
percentage established in rules adopted under division (F) of this	44480
section.	44481

~~(b) For state fiscal years 2000 and 2001, seventy-seven per~~	44482
~~cent of the amount determined under division (B)(3)(a) of this~~	44483
~~section.~~	44484

(C)(1) If a county's share of public assistance expenditures	44485
determined under division (B) of this section for a state fiscal	44486
year exceeds one hundred ten per cent of the county's share for	44487
those expenditures for the immediately preceding state fiscal	44488
year, the department of job and family services shall reduce the	44489
county's share for expenditures under divisions (B)(1) and (2) of	44490
this section so that the total of the county's share for	44491
expenditures under division (B) of this section equals one hundred	44492
ten per cent of the county's share of those expenditures for the	44493
immediately preceding state fiscal year.	44494

(2) A county's share of public assistance expenditures	44495
determined under division (B) of this section may be increased	44496
pursuant to a sanction under section 5101.24 of the Revised Code.	44497

(D)(1) If the per capita tax duplicate of a county is less	44498
than the per capita tax duplicate of the state as a whole and	44499
division (D)(2) of this section does not apply to the county, the	44500
percentage to be used for the purpose of division (B)(2) of this	44501
section is the product of ten multiplied by a fraction of which	44502
the numerator is the per capita tax duplicate of the county and	44503
the denominator is the per capita tax duplicate of the state as a	44504
whole. The department of job and family services shall compute the	44505
per capita tax duplicate for the state and for each county by	44506
dividing the tax duplicate for the most recent available year by	44507
the current estimate of population prepared by the department of	44508
development.	44509

(2) If the percentage of families in a county with an annual	44510
income of less than three thousand dollars is greater than the	44511
percentage of such families in the state and division (D)(1) of	44512
this section does not apply to the county, the percentage to be	44513
used for the purpose of division (B)(2) of this section is the	44514
product of ten multiplied by a fraction of which the numerator is	44515
the percentage of families in the state with an annual income of	44516
less than three thousand dollars a year and the denominator is the	44517
percentage of such families in the county. The department of job	44518
and family services shall compute the percentage of families with	44519
an annual income of less than three thousand dollars for the state	44520
and for each county by multiplying the most recent estimate of	44521
such families published by the department of development, by a	44522
fraction, the numerator of which is the estimate of average annual	44523
personal income published by the bureau of economic analysis of	44524
the United States department of commerce for the year on which the	44525
census estimate is based and the denominator of which is the most	44526
recent such estimate published by the bureau.	44527

(3) If the per capita tax duplicate of a county is less than	44528
the per capita tax duplicate of the state as a whole and the	44529
percentage of families in the county with an annual income of less	44530
than three thousand dollars is greater than the percentage of such	44531
families in the state, the percentage to be used for the purpose	44532
of division (B)(2) of this section shall be determined as follows:	44533

(a) Multiply ten by the fraction determined under division	44534
(D)(1) of this section;	44535

(b) Multiply the product determined under division (D)(3)(a)	44536
of this section by the fraction determined under division (D)(2)	44537
of this section.	44538

(4) The department of job and family services shall	44539
determine, for each county, the percentage to be used for the	44540
purpose of division (B)(2) of this section not later than the	44541
first day of July of the year preceding the state fiscal year for	44542
which the percentage is used.	44543

(E) The department of job and family services shall credit to	44544
a county the amount of federal reimbursement the department	44545
receives from the United States departments of agriculture and	44546
health and human services for the county's expenditures for	44547
administration of food stamps and medicaid that the department	44548
determines are allowable administrative expenditures.	44549

(F)(1) The director of job and family services shall adopt	44550
rules in accordance with section 111.15 of the Revised Code to	44551
establish all of the following:	44552

~~(1)~~(a) The method the department is to use to change a	44553
county's share of public assistance expenditures determined under	44554
division (B) of this section as provided in division (C) of this	44555
section;	44556

~~(2)~~(b) The allocation methodology and formula the department	44557
will use to determine the amount of funds to credit to a county	44558
under this section;	44559

~~(3)~~(c) The method the department will use to change the	44560
payment of the county share of public assistance expenditures from	44561
a calendar-year basis to a state fiscal year basis;	44562

~~(4)~~(d) The percentage to be used for the purpose of division	44563
(B)(3) of this section, which shall meet both of the following	44564
requirements:	44565

(i) The percentage shall not be less than seventy-five per	44566
cent nor more than eighty-two per cent;	44567

(ii) The percentage shall not exceed the percentage that the	44568
state's qualified state expenditures is of the state's historic	44569
state expenditures as those terms are defined in 42 U.S.C.	44570
609(a)(7).	44571

(e) Other procedures and requirements necessary to implement	44572
this section.	44573

(2) The director of job and family services may amend the	44574
rule adopted under division (F)(1)(d) of this section to modify	44575
the percentage on determination that the amount the general	44576
assembly appropriates for Title IV-A programs makes the	44577
modification necessary. The rule shall be adopted and amended as	44578
if an internal management rule and in consultation with the	44579
director of budget and management.	44580

Sec. 5101.18. (A) When the director of job and family	44581
services adopts rules under section 5107.05 regarding income	44582
requirements for the Ohio works first program and under section	44583
~~5115.05~~5115.03 of the Revised Code regarding income and resource	44584
requirements for the disability financial assistance program, the	44585
director shall determine what payments shall be regarded or	44586
disregarded. In making this determination, the director shall	44587
consider:	44588

(1) The source of the payment;

44589

(2) The amount of the payment;

44590

(3) The purpose for which the payment was made;

44591

(4) Whether regarding the payment as income would be in the	44592
public interest;	44593

(5) Whether treating the payment as income would be	44594
detrimental to any of the programs administered in whole or in	44595
part by the department of job and family services and whether such	44596
determination would jeopardize the receipt of any federal grant or	44597
payment by the state or any receipt of aid under Chapter 5107. of	44598
the Revised Code.	44599

(B) Any recipient of aid under Title XVI of the "Social	44600
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,	44601
whose money payment is discontinued as the result of a general	44602
increase in old-age, survivors, and disability insurance benefits	44603
under such act, shall remain a recipient for the purpose of	44604
receiving medical assistance through the medical assistance	44605
program established under section 5111.01 of the Revised Code.	44606

Sec. 5101.181. (A) As used in this section and section	44607
5101.182 of the Revised Code, "public assistance" includes, in	44608
addition to Ohio works first~~; prevention~~, all of the following:	44609

(1) Prevention retention, and contingency; ~~medicaid~~

44610

(2) Medicaid; ~~and disability~~

44611

(3) Disability financial assistance~~, general~~;

44612

(4) Disability medical assistance;

44613

(5) General assistance provided prior to July 17, 1995, under	44614
former Chapter 5113. of the Revised Code.	44615

(B) As part of the procedure for the determination of	44616
overpayment to a recipient of public assistance under Chapter	44617
5107., 5108., 5111., or 5115. of the Revised Code, the director of	44618
job and family services shall furnish quarterly the name and	44619
social security number of each individual who receives public	44620
assistance to the director of administrative services, the	44621
administrator of the bureau of workers' compensation, and each of	44622
the state's retirement boards. Within fourteen days after	44623
receiving the name and social security number of an individual who	44624
receives public assistance, the director of administrative	44625
services, administrator, or board shall inform the auditor of	44626
state as to whether such individual is receiving wages or	44627
benefits, the amount of any wages or benefits being received, the	44628
social security number, and the address of the individual. The	44629
director of administrative services, administrator, boards, and	44630
any agent or employee of those officials and boards shall comply	44631
with the rules of the director of job and family services	44632
restricting the disclosure of information regarding recipients of	44633
public assistance. Any person who violates this provision shall	44634
thereafter be disqualified from acting as an agent or employee or	44635
in any other capacity under appointment or employment of any state	44636
board, commission, or agency.	44637

(C) The auditor of state may enter into a reciprocal	44638
agreement with the director of job and family services or	44639
comparable officer of any other state for the exchange of names,	44640
current or most recent addresses, or social security numbers of	44641
persons receiving public assistance under Title IV-A or under	44642
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	44643
U.S.C. 301, as amended.	44644

(D)(1) The auditor of state shall retain, for not less than	44645
two years, at least one copy of all information received under	44646
this section and sections 145.27, 742.41, 3307.20, 3309.22,	44647
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor	44648
shall review the information to determine whether overpayments	44649
were made to recipients of public assistance under Chapters 5107.,	44650
5108., 5111., and 5115. of the Revised Code. The auditor of state	44651
shall initiate action leading to prosecution, where warranted, of	44652
recipients who received overpayments by forwarding the name of	44653
each recipient who received overpayment, together with other	44654
pertinent information, to the director of job and family services	44655
and the attorney general, to the district director of job and	44656
family services of the district through which public assistance	44657
was received, and to the county director of job and family	44658
services and county prosecutor of the county through which public	44659
assistance was received.	44660

(2) The auditor of state and the attorney general or their	44661
designees may examine any records, whether in computer or printed	44662
format, in the possession of the director of job and family	44663
services or any county director of job and family services. They	44664
shall provide safeguards which restrict access to such records to	44665
purposes directly connected with an audit or investigation,	44666
prosecution, or criminal or civil proceeding conducted in	44667
connection with the administration of the programs and shall	44668
comply with the rules of the director of job and family services	44669
restricting the disclosure of information regarding recipients of	44670
public assistance. Any person who violates this provision shall	44671
thereafter be disqualified from acting as an agent or employee or	44672
in any other capacity under appointment or employment of any state	44673
board, commission, or agency.	44674

(3) Costs incurred by the auditor of state in carrying out	44675
the auditor of state's duties under this division shall be borne	44676
by the auditor of state.	44677

Sec. 5101.214. The director of job and family services may	44678
enter into agreements with one-stop operators and one-stop	44679
partners for the purpose of implementing the requirements of	44680
section 121 of the "Workforce Investment Act of 1998," 112 Stat.	44681
936, 29 U.S.C. 2801.	44682

Sec. 5101.26. As used in this section and in sections	44683
5101.27 to 5101.30 of the Revised Code:	44684

(A) "County agency" means a county department of job and	44685
family services or a public children services agency.	44686

(B) "Fugitive felon" means an individual who is fleeing to	44687
avoid prosecution, or custody or confinement after conviction,	44688
under the laws of the place from which the individual is fleeing,	44689
for a crime or an attempt to commit a crime that is a felony under	44690
the laws of the place from which the individual is fleeing or, in	44691
the case of New Jersey, a high misdemeanor, regardless of whether	44692
the individual has departed from the individual's usual place of	44693
residence.	44694

(C) "Information" means records as defined in section 149.011	44695
of the Revised Code, any other documents in any format, and data	44696
derived from records and documents that are generated, acquired,	44697
or maintained by the department of job and family services, a	44698
county agency, or an entity performing duties on behalf of the	44699
department or a county agency.	44700

(D) "Law enforcement agency" means the state highway patrol,	44701
an agency that employs peace officers as defined in section 109.71	44702
of the Revised Code, the adult parole authority, a county	44703
department of probation, a prosecuting attorney, the attorney	44704
general, similar agencies of other states, federal law enforcement	44705
agencies, and postal inspectors. "Law enforcement agency" includes	44706
the peace officers and other law enforcement officers employed by	44707
the agency.	44708

(E) "Medical assistance provided under a public assistance	44709
program" means medical assistance provided under the programs	44710
established under sections 5101.49, 5101.50 to 5101.503, and	44711
5101.51 to 5101.5110, Chapters 5111. and 5115., or any other	44712
provision of the Revised Code.	44713

(F) "Public assistance" means financial assistance, medical	44714
assistance, or social services provided under a program	44715
administered by the department of job and family services or a	44716
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	44717
5108., 5111., or 5115. of the Revised Code or an executive order	44718
issued under section 107.17 of the Revised Code.	44719

~~(F)~~(G) "Public assistance recipient" means an applicant for	44720
or recipient or former recipient of public assistance.	44721

Sec. 5101.27. (A) Except as permitted by this section,	44722
section 5101.28 or 5101.29 of the Revised Code, or the rules	44723
adopted under division (A) of section 5101.30 of the Revised Code,	44724
or required by federal law, no person or government entity shall	44725
solicit, disclose, receive, use, or knowingly permit, or	44726
participate in the use of any information regarding a public	44727
assistance recipient for any purpose not directly connected with	44728
the administration of a public assistance program.	44729

(B)~~(1)~~ To the extent permitted by federal law, the department	44730
of job and family services and county agencies shall ~~release~~do	44731
both of the following:	44732

(1) Release information regarding a public assistance	44733
recipient for purposes directly connected to the administration of	44734
the program to a government entity responsible for administering a	44735
that public assistance program ~~or any other state, federal, or~~	44736
~~federally assisted program that provides cash or in-kind~~	44737
~~assistance or services directly to individuals based on need or~~	44738
~~for the purpose of protecting children to a government entity~~	44739
~~responsible for administering a children's protective services~~	44740
~~program.~~;	44741

(2) ~~To the extent permitted by federal law, the department~~	44742
~~and county agencies shall provide~~Provide information regarding a	44743
public assistance recipient to a law enforcement agency for the	44744
purpose of any investigation, prosecution, or criminal or civil	44745
proceeding relating to the administration of athat public	44746
assistance program.	44747

(C) To the extent permitted by federal law and section	44748
1347.08 of the Revised Code, the department and county agencies	44749
shall provide access to information regarding a public assistance	44750
recipient to all of the following:	44751

(1) The recipient;

44752

(2) The authorized representative~~, as defined in rules~~	44753
~~adopted under section 5101.30 of the Revised Code, of the~~	44754
~~recipient~~;	44755

(3) The ~~parent or~~legal guardian of the recipient;

44756

(4) The attorney of the recipient, if the attorney has	44757
written authorization that complies with section 5101.271 of the	44758
Revised Code from the recipient.	44759

(D) To the extent permitted by federal law and subject to	44760
division (E) of this section, the department and county agencies	44761
may ~~release~~do both of the following:	44762

(1) Release information about a public assistance recipient	44763
if the recipient gives voluntary, written ~~consent that~~	44764
~~specifically identifies the persons or government entities to~~	44765
~~which the information may be released.~~	44766

~~The~~authorization that complies with section 5101.271 of the	44767
Revised Code;	44768

(2) Release information regarding a public assistance	44769
recipient to a state, federal, or federally assisted program that	44770
provides cash or in-kind assistance or services directly to	44771
individuals based on need or for the purpose of protecting	44772
children to a government entity responsible for administering a	44773
children's protective services program.	44774

(E) Except when the release is required by division (B), (C),	44775
or (D)(2) of this section, the department or county agency shall	44776
release the information only ~~to the persons or government entities~~	44777
~~specified in the document evidencing consent. Consent may be~~	44778
~~time-limited or ongoing, at the discretion of the individual~~	44779
~~giving it, and may be rescinded at any time; however, an~~	44780
~~individual cannot rescind consent retroactively. The document~~	44781
~~evidencing consent must state that consent may be rescinded~~in	44782
accordance with the authorization. The department or county agency	44783
shall provide, at no cost, a copy of each written authorization to	44784
the individual who signed it.	44785

(F) The department or a county agency may release information	44786
under ~~this~~ division (D) of this section concerning athe receipt	44787
of medical assistance provided under ~~Chapter 5111. of the Revised~~	44788
~~Code~~a public assistance program only if ~~both~~all of the following	44789
conditions are ~~the case~~met:	44790

(1) The release of information is for purposes directly	44791
connected to the administration of ~~programs created under Chapter~~	44792
~~5111. of the Revised Code~~ or ~~services~~provision of medical	44793
assistance provided under ~~programs created under that chapter~~a	44794
public assistance program;	44795

(2) The information is released to persons or government	44796
entities that are subject to standards of confidentiality and	44797
safeguarding information substantially comparable to those	44798
established for ~~programs created under Chapter 5111. of the~~	44799
~~Revised Code~~medical assistance provided under a public assistance	44800
program;	44801

(3) The department or county agency has obtained an	44802
authorization consistent with section 5101.271 of the Revised	44803
Code.	44804

(G) Information concerning the receipt of medical assistance	44805
provided under a public assistance program may be released only if	44806
the release complies with this section and rules adopted by the	44807
department pursuant to section 5101.30 of the Revised Code or, if	44808
more restrictive, the Health Insurance Portability and	44809
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,	44810
42 U.S.C. 1320d, et seq., as amended, and regulations adopted by	44811
the United States department of health and human services to	44812
implement the act.	44813

(H) The department of job and family services may adopt rules	44814
defining "authorized representative" for purposes of division	44815
(C)(2) of this section.	44816

Sec. 5101.271. (A) For the purposes of section 5101.27 of the	44817
Revised Code, an authorization shall be made on a form that uses	44818
language understandable to the average person and contains all of	44819
the following:	44820

(1) A description of the information to be used or disclosed	44821
that identifies the information in a specific and meaningful	44822
fashion;	44823

(2) The name or other specific identification of the person	44824
or class of persons authorized to make the requested use or	44825
disclosure;	44826

(3) The name or other specific identification of the person	44827
or governmental entity to which the information may be released;	44828

(4) A description of each purpose of the requested use or	44829
disclosure of the information;	44830

(5) The date on which the authorization expires or an event	44831
related either to the individual who is the subject of the request	44832
or to the purposes of the requested use or disclosure, the	44833
occurrence of which will cause the authorization to expire;	44834

(6) A statement that the information used or disclosed	44835
pursuant to the authorization may be disclosed by the recipient of	44836
the information and may no longer be protected from disclosure;	44837

(7) The signature of the individual or the individual's	44838
authorized representative and the date on which the authorization	44839
was signed;	44840

(8) If signed by an authorized representative, a description	44841
of the representative's authority to act for the individual;	44842

(9) A statement of the individual or authorized	44843
representative's right to prospectively revoke the written	44844
authorization in writing, along with one of the following:	44845

(a) A description of how the individual or authorized	44846
representative may revoke the authorization;	44847

(b) If the department of job and family services' privacy	44848
notice contains a description of how the individual or authorized	44849
representative may revoke the authorization, a reference to that	44850
privacy notice.	44851

(10) A statement that treatment, payment, enrollment, or	44852
eligibility for public assistance cannot be conditioned on signing	44853
the authorization unless the authorization is necessary for	44854
determining eligibility for the public assistance program.	44855

(B) When an individual requests information pursuant to	44856
section 5101.27 of the Revised Code regarding the individual's	44857
receipt of public assistance and does not wish to provide a	44858
statement of purpose, the statement "at request of the individual"	44859
is a sufficient description for purposes of division (A)(4) of	44860
this section.	44861

Sec. 5101.28. (A) ~~The department of job and family services~~	44862
~~shall enter into written agreements with law enforcement agencies~~	44863
~~to exchange, obtain, or share~~(1) On request of the department of	44864
job and family services or a county agency, a law enforcement	44865
agency shall provide information regarding public assistance	44866
recipients to enable the department,or county ~~agencies, and law~~	44867
~~enforcement agencies~~agency to determine, for eligibility	44868
purposes, whether a recipient or a member of a recipient's	44869
assistance group is ~~either of the following:~~	44870

~~(1) A~~a fugitive ~~felon;~~

44871

~~(2) Violating~~felon or violating a condition of probation, a	44872
community control sanction, parole, or a post-release control	44873
sanction imposed under state or federal law.	44874

(2) A county agency may enter into a written agreement with a	44875
local law enforcement agency establishing procedures concerning	44876
access to information and providing for compliance with division	44877
(F) of this section.	44878

(B) ~~The~~To the extent permitted by federal law, the	44879
department and county agencies shall provide information, except	44880
information directly related to the receipt of medical assistance	44881
or medical services, regarding recipients of public assistance	44882
under a program administered by the state department or a county	44883
agency pursuant to Chapter 5107., 5108., or 5115. of the Revised	44884
Code to law enforcement agencies on request for the purposes of	44885
investigations, prosecutions, and criminal and civil proceedings	44886
that are within the scope of the law enforcement agencies'	44887
official duties.	44888

(C) Information about a recipient shall be exchanged,	44889
obtained, or shared only if the department, county agency, or law	44890
enforcement agency requesting the information gives sufficient	44891
information to specifically identify the recipient. In addition to	44892
the recipient's name, identifying information may include the	44893
recipient's current or last known address, social security number,	44894
other identifying number, age, gender, physical characteristics,	44895
any information specified in an agreement entered into under	44896
division (A) of this section, or any information considered	44897
appropriate by the department or agency.	44898

(D)(1) The department and its officers and employees are not	44899
liable in damages in a civil action for any injury, death, or loss	44900
to person or property that allegedly arises from the release of	44901
information in accordance with divisions (A), (B), and (C) of this	44902
section. This section does not affect any immunity or defense that	44903
the department and its officers and employees may be entitled to	44904
under another section of the Revised Code or the common law of	44905
this state, including section 9.86 of the Revised Code.	44906

(2) The county agencies and their employees are not liable in	44907
damages in a civil action for any injury, death, or loss to person	44908
or property that allegedly arises from the release of information	44909
in accordance with divisions (A), (B), and (C) of this section.	44910
"Employee" has the same meaning as in division (B) of section	44911
2744.01 of the Revised Code. This section does not affect any	44912
immunity or defense that the county agencies and their employees	44913
may be entitled to under another section of the Revised Code or	44914
the common law of this state, including section 2744.02 and	44915
division (A)(6) of section 2744.03 of the Revised Code.	44916

(E) To the extent permitted by federal law, the department	44917
and county agencies shall provide access to information to the	44918
auditor of state acting pursuant to Chapter 117. or sections	44919
5101.181 and 5101.182 of the Revised Code and to any other	44920
government entity authorized by or federal law to conduct an audit	44921
of or similar activity involving a public assistance program.	44922

(F) The auditor of state shall prepare an annual report on	44923
the outcome of the agreements required under division (A) of this	44924
section. The report shall include the number of fugitive felons	44925
and probation and parole violators apprehended during the	44926
immediately preceding year as a result of the exchange of	44927
information pursuant to that division. The auditor of state shall	44928
file the report with the governor, the president and minority	44929
leader of the senate, and the speaker and minority leader of the	44930
house of representatives. The state department, county agencies,	44931
and law enforcement agencies shall cooperate with the auditor of	44932
state's office in gathering the information required under this	44933
division.	44934

(G) To the extent permitted by federal law, the department of	44935
job and family services, county departments of job and family	44936
services, and employees of the departments may report to a public	44937
children services agency or other appropriate agency information	44938
on known or suspected physical or mental injury, sexual abuse or	44939
exploitation, or negligent treatment or maltreatment, of a child	44940
receiving public assistance, if circumstances indicate that the	44941
child's health or welfare is threatened.	44942

Sec. 5101.35. (A) As used in this section:

44943

(1) "Agency" means the following entities that administer a	44944
family services program:	44945

(a) The department of job and family services;

44946

(b) A county department of job and family services;

44947

44948

(d) A private or government entity administering, in whole or	44949
in part, a family services program for or on behalf of the	44950
department of job and family services or a county department of	44951
job and family services or public children services agency.	44952

(2) "Appellant" means an applicant, participant, former	44953
participant, recipient, or former recipient of a family services	44954
program who is entitled by federal or state law to a hearing	44955
regarding a decision or order of the agency that administers the	44956
program.	44957

(3) "Family services program" means assistance provided under	44958
a Title IV-A program as defined in section 5101.80 of the Revised	44959
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	44960
5101.141, 5101.46, 5101.54, 5153.163, or 5153.165 of the Revised	44961
Code, other than assistance provided under section 5101.46 of the	44962
Revised Code by the department of mental health, the department of	44963
mental retardation and developmental disabilities, a board of	44964
alcohol, drug addiction, and mental health services, or a county	44965
board of mental retardation and developmental disabilities.	44966

(B) Except as provided in by division (G) of this section, an	44967
appellant who appeals under federal or state law a decision or	44968
order of an agency administering a family services program shall,	44969
at the appellant's request, be granted a state hearing by the	44970
department of job and family services. This state hearing shall be	44971
conducted in accordance with rules adopted under this section. The	44972
state hearing shall be tape-recorded, but neither the recording	44973
nor a transcript of the recording shall be part of the official	44974
record of the proceeding. A state hearing decision is binding upon	44975
the agency and department, unless it is reversed or modified on	44976
appeal to the director of job and family services or a court of	44977
common pleas.	44978

(C) Except as provided by division (G) of this section, an	44979
appellant who disagrees with a state hearing decision may make an	44980
administrative appeal to the director of job and family services	44981
in accordance with rules adopted under this section. This	44982
administrative appeal does not require a hearing, but the director	44983
or the director's designee shall review the state hearing decision	44984
and previous administrative action and may affirm, modify, remand,	44985
or reverse the state hearing decision. Any person designated to	44986
make an administrative appeal decision on behalf of the director	44987
shall have been admitted to the practice of law in this state. An	44988
administrative appeal decision is the final decision of the	44989
department and is binding upon the department and agency, unless	44990
it is reversed or modified on appeal to the court of common pleas.	44991

(D) An agency shall comply with a decision issued pursuant to	44992
division (B) or (C) of this section within the time limits	44993
established by rules adopted under this section. If a county	44994
department of job and family services or a public children	44995
services agency fails to comply within these time limits, the	44996
department may take action pursuant to section 5101.24 of the	44997
Revised Code. If another agency fails to comply within the time	44998
limits, the department may force compliance by withholding funds	44999
due the agency or imposing another sanction established by rules	45000
adopted under this section.	45001

(E) An appellant who disagrees with an administrative appeal	45002
decision of the director of job and family services or the	45003
director's designee issued under division (C) of this section may	45004
appeal from the decision to the court of common pleas pursuant to	45005
section 119.12 of the Revised Code. The appeal shall be governed	45006
by section 119.12 of the Revised Code except that:	45007

(1) The person may appeal to the court of common pleas of the	45008
county in which the person resides, or to the court of common	45009
pleas of Franklin county if the person does not reside in this	45010
state.	45011

(2) The person may apply to the court for designation as an	45012
indigent and, if the court grants this application, the appellant	45013
shall not be required to furnish the costs of the appeal.	45014

(3) The appellant shall mail the notice of appeal to the	45015
department of job and family services and file notice of appeal	45016
with the court within thirty days after the department mails the	45017
administrative appeal decision to the appellant. For good cause	45018
shown, the court may extend the time for mailing and filing notice	45019
of appeal, but such time shall not exceed six months from the date	45020
the department mails the administrative appeal decision. Filing	45021
notice of appeal with the court shall be the only act necessary to	45022
vest jurisdiction in the court.	45023

(4) The department shall be required to file a transcript of	45024
the testimony of the state hearing with the court only if the	45025
court orders the department to file the transcript. The court	45026
shall make such an order only if it finds that the department and	45027
the appellant are unable to stipulate to the facts of the case and	45028
that the transcript is essential to a determination of the appeal.	45029
The department shall file the transcript not later than thirty	45030
days after the day such an order is issued.	45031

(5) Section 119.092 of the Revised Code does not apply to the	45032
appeal.	45033

(F) The department of job and family services shall adopt	45034
rules in accordance with Chapter 119. of the Revised Code to	45035
implement this section, including rules governing the following:	45036

(1) State hearings under division (B) of this section. The	45037
rules shall include provisions regarding notice of eligibility	45038
termination and the opportunity of an appellant appealing a	45039
decision or order of a county department of job and family	45040
services to request a county conference with the county department	45041
before the state hearing is held.	45042

(2) Administrative appeals under division (C) of this	45043
section;	45044

(3) Time limits for complying with a decision issued under	45045
division (B) or (C) of this section;	45046

(4) Sanctions that may be applied against an agency under	45047
division (D) of this section.	45048

(G) The department of job and family services may adopt rules	45049
in accordance with Chapter 119. of the Revised Code establishing	45050
inan appeals process for an appellant who appeals a decision or	45051
order regarding a Title IV-A program identified under division	45052
(A)(3)(c) or (d) of section 5101.80 of the Revised Code that is	45053
different from the appeals process established by this section.	45054
The different appeals process may include having a state agency	45055
that administers the Title IV-A program pursuant to an interagency	45056
agreement entered into under section 5101.801 of the Revised Code	45057
administer the appeals process.	45058

(H) The requirements of Chapter 119. of the Revised Code	45059
apply to a state hearing or administrative appeal under this	45060
section only to the extent, if any, specifically provided by rules	45061
adopted under this section.	45062

Sec. 5101.36. Any application for public assistance gives a	45063
right of subrogation to the department of job and family services	45064
for any workers' compensation benefits payable to a person who is	45065
subject to a support order, as defined in section 3119.01 of the	45066
Revised Code, on behalf of the applicant, to the extent of any	45067
public assistance payments made on the applicant's behalf. If the	45068
director of job and family services, in consultation with a child	45069
support enforcement agency and the administrator of the bureau of	45070
workers' compensation, determines that a person responsible for	45071
support payments to a recipient of public assistance is receiving	45072
workers' compensation, the director shall notify the administrator	45073
of the amount of the benefit to be paid to the department of job	45074
and family services.	45075

For purposes of this section, "public assistance" means	45076
medical assistance provided through the medical assistance program	45077
established under section 5111.01 of the Revised Code; Ohio works	45078
first provided under Chapter 5107. of the Revised Code;	45079
prevention, retention, and contingency benefits and services	45080
provided under Chapter 5108. of the Revised Code; or disability	45081
financial assistance provided under Chapter 5115. of the Revised	45082
Code; or disability medical assistance provided under Chapter	45083
5115. of the Revised Code.	45084

Sec. 5101.58. As used in this section and section 5101.59 of	45085
the Revised Code, "public assistance" means aid provided under	45086
Chapter 5111. or 5115. of the Revised Code and participation in	45087
the Ohio works first program established under Chapter 5107. of	45088
the Revised Code.	45089

The acceptance of public assistance gives a right of recovery	45090
to the department of job and family services and a county	45091
department of job and family services against the liability of a	45092
third party for the cost of medical services and care arising out	45093
of injury, disease, or disability of the public assistance	45094
recipient or participant. When an action or claim is brought	45095
against a third party by a public assistance recipient or	45096
participant, the entire amount of any settlement or compromise of	45097
the action or claim, or any court award or judgment, is subject to	45098
the recovery right of the department of job and family services or	45099
county department of job and family services. Except in the case	45100
of a recipient or participant who receives medical services or	45101
care through a managed care organization, the department's or	45102
county department's claim shall not exceed the amount of medical	45103
expenses paid by the departments on behalf of the recipient or	45104
participant. In the case of a recipient or participant who	45105
receives medical services or care through a managed care	45106
organization, the amount of the department's or county	45107
department's claim shall be the amount the managed care	45108
organization pays for medical services or care rendered to the	45109
recipient or participant, even if that amount is more than the	45110
amount the departments pay to the managed care organization for	45111
the recipient's or participant's medical services or care. Any	45112
settlement, compromise, judgment, or award that excludes the cost	45113
of medical services or care shall not preclude the departments	45114
from enforcing their rights under this section.	45115

Prior to initiating any recovery action, the recipient or	45116
participant, or the recipient's or participant's representative,	45117
shall disclose the identity of any third party against whom the	45118
recipient or participant has or may have a right of recovery.	45119
Disclosure shall be made to the department of job and family	45120
services when medical expenses have been paid pursuant to Chapter	45121
5111. or 5115. of the Revised Code. Disclosure shall be made to	45122
both the department of job and family services and the appropriate	45123
county department of job and family services when medical expenses	45124
have been paid pursuant to Chapter 5115. of the Revised Code. No	45125
settlement, compromise, judgment, or award or any recovery in any	45126
action or claim by a recipient or participant where the	45127
departments have a right of recovery shall be made final without	45128
first giving the appropriate departments notice and a reasonable	45129
opportunity to perfect their rights of recovery. If the	45130
departments are not given appropriate notice, the recipient or	45131
participant is liable to reimburse the departments for the	45132
recovery received to the extent of medical payments made by the	45133
departments. The departments shall be permitted to enforce their	45134
recovery rights against the third party even though they accepted	45135
prior payments in discharge of their rights under this section if,	45136
at the time the departments received such payments, they were not	45137
aware that additional medical expenses had been incurred but had	45138
not yet been paid by the departments. The third party becomes	45139
liable to the department of job and family services or county	45140
department of job and family services as soon as the third party	45141
is notified in writing of the valid claims for recovery under this	45142
section.	45143

The right of recovery does not apply to that portion of any	45144
judgment, award, settlement, or compromise of a claim, to the	45145
extent of attorneys' fees, costs, or other expenses incurred by a	45146
recipient or participant in securing the judgment, award,	45147
settlement, or compromise, or to the extent of medical, surgical,	45148
and hospital expenses paid by such recipient or participant from	45149
the recipient's or participant's own resources. Attorney fees and	45150
costs or other expenses in securing any recovery shall not be	45151
assessed against any claims of the departments.	45152

To enforce their recovery rights, the departments may do any	45153
of the following:	45154

(A) Intervene or join in any action or proceeding brought by	45155
the recipient or participant or on the recipient's or	45156
participant's behalf against any third party who may be liable for	45157
the cost of medical services and care arising out of the	45158
recipient's or participant's injury, disease, or disability;	45159

(B) Institute and pursue legal proceedings against any third	45160
party who may be liable for the cost of medical services and care	45161
arising out of the recipient's or participant's injury, disease,	45162
or disability;	45163

(C) Initiate legal proceedings in conjunction with the	45164
injured, diseased, or disabled recipient or participant or the	45165
recipient's or participant's legal representative.	45166

Recovery rights created by this section may be enforced	45167
separately or jointly by the department of job and family services	45168
and the county department of job and family services.	45169

The right of recovery given to the department under this	45170
section does not include rights to support from any other person	45171
assigned to the state under sections 5107.20 and ~~5115.13~~5115.07	45172
of the Revised Code, but includes payments made by a third party	45173
under contract with a person having a duty to support.	45174

The director of job and family services may adopt rules in	45175
accordance with Chapter 119. of the Revised Code the department	45176
considers necessary to implement this section.	45177

Sec. 5101.59. (A) The application for or acceptance of	45178
public assistance constitutes an automatic assignment of certain	45179
rights to the department of job and family services. This	45180
assignment includes the rights of the applicant, recipient, or	45181
participant and also the rights of any other member of the	45182
assistance group for whom the applicant, recipient, or participant	45183
can legally make an assignment.	45184

Pursuant to this section, the applicant, recipient, or	45185
participant assigns to the department any rights to medical	45186
support available to the applicant, recipient, or participant or	45187
for other members of the assistance group under an order of a	45188
court or administrative agency, and any rights to payments from	45189
any third party liable to pay for the cost of medical care and	45190
services arising out of injury, disease, or disability of the	45191
applicant, recipient, participant, or other members of the	45192
assistance group.	45193

Medicare benefits shall not be assigned pursuant to this	45194
section. Benefits assigned to the department by operation of this	45195
section are directly reimbursable to the department by liable	45196
third parties.	45197

(B) Refusal by the applicant, recipient, or participant to	45198
cooperate in obtaining medical support and payments for self or	45199
any other member of the assistance group renders the applicant,	45200
recipient, or participant ineligible for public assistance, unless	45201
cooperation is waived by the department. Eligibility shall	45202
continue for any individual who cannot legally assign the	45203
individual's own rights and who would have been eligible for	45204
public assistance but for the refusal to assign the individual's	45205
rights or to cooperate as required by this section by another	45206
person legally able to assign the individual's rights.	45207

If the applicant, recipient, or participant or any member of	45208
the assistance group becomes ineligible for public assistance, the	45209
department shall restore to the applicant, recipient, participant,	45210
or member of the assistance group any future rights to benefits	45211
assigned under this section.	45212

The rights of assignment given to the department under this	45213
section do not include rights to support assigned under section	45214
5107.20 or ~~5115.13~~5115.07 of the Revised Code.	45215

(C) The director of job and family services may adopt rules	45216
in accordance with Chapter 119. of the Revised Code to implement	45217
this section, including rules that specify what constitutes	45218
cooperating with efforts to obtain medical support and payments	45219
and when the cooperation requirement may be waived.	45220

Sec. 5101.75. (A) As used in sections 5101.75, 5101.751,	45221
5101.752, 5101.753, and 5101.754 of the Revised Code:	45222

(1) "Alternative source of long-term care" includes a	45223
residential care facility licensed under Chapter 3721. of the	45224
Revised Code, an adult care facility licensed under Chapter 3722.	45225
of the Revised Code, home and community-based services, and a	45226
nursing home licensed under Chapter 3721. of the Revised Code that	45227
is not a nursing facility.	45228

(2) "Medicaid" means the medical assistance program	45229
established under Chapter 5111. of the Revised Code.	45230

(3) "Nursing facility" has the same meaning as in section	45231
5111.20 of the Revised Code.	45232

(4) "Representative" means a person acting on behalf of an	45233
applicant for admission to a nursing facility. A representative	45234
may be a family member, attorney, hospital social worker, or any	45235
other person chosen to act on behalf of an applicant.	45236

(5) "Third-party payment source" means a third-party payer as	45237
defined in section 3901.38 of the Revised Code or medicaid.	45238

(B) Effective July 1, 1994, the department of job and family	45239
services may assess a person applying or intending to apply for	45240
admission to a nursing facility who is not an applicant for or	45241
recipient of medicaid to determine whether the person is in need	45242
of nursing facility services and whether an alternative source of	45243
long-term care is more appropriate for the person in meeting the	45244
person's physical, mental, and psychosocial needs than admission	45245
to the facility to which the person has applied.	45246

Each assessment shall be performed by the department or an	45247
agency designated by the department under section 5101.751 of the	45248
Revised Code and shall be based on information provided by the	45249
person or the person's representative. It shall consider the	45250
person's physical, mental, and psychosocial needs and the	45251
availability and effectiveness of informal support and care. The	45252
department or designated agency shall determine the person's	45253
physical, mental, and psychosocial needs by using, to the maximum	45254
extent appropriate, information from the resident assessment	45255
instrument specified in rules adopted by the department under	45256
division (A) of section 5111.231 of the Revised Code. The	45257
department or designated agency shall also use the criteria and	45258
procedures established in rules adopted by the department under	45259
division (I) of this section. Assessments may be performed only by	45260
persons certified by the department under section 5101.752 of the	45261
Revised Code. The department or designated agency shall make a	45262
recommendation on the basis of the assessment and, not later than	45263
the time the assessment is required to be performed under division	45264
(D) of this section, give the person assessed written notice of	45265
the recommendation, which shall explain the basis for the	45266
recommendation. If the department or designated agency determines	45267
pursuant to an assessment that an alternative source of long-term	45268
care is more appropriate for the person than admission to the	45269
facility to which the person has applied, the department or	45270
designated agency shall include in the notice possible sources of	45271
financial assistance for the alternative source of long-term care.	45272
If the department or designated agency has been informed that the	45273
person has a representative, it shall give the notice to the	45274
representative.	45275

(C) A person is not required to be assessed under division	45276
(B) of this section if any of the following apply:	45277

(1) The circumstances specified by rules adopted under	45278
division (I) of this section exist.	45279

(2) The person is to receive care in a nursing facility under	45280
a contract for continuing care as defined in section 173.13 of the	45281
Revised Code.	45282

(3) The person has a contractual right to admission to a	45283
nursing facility operated as part of a system of continuing care	45284
in conjunction with one or more facilities that provide a less	45285
intensive level of services, including a residential care facility	45286
licensed under Chapter 3721. of the Revised Code, an adult-care	45287
facility licensed under Chapter 3722. of the Revised Code, or an	45288
independent living arrangement;	45289

(4) The person is to receive continual care in a home for the	45290
aged exempt from taxation under section 5701.13 of the Revised	45291
Code;	45292

(5) The person is to receive care in the nursing facility for	45293
not more than fourteen days in order to provide temporary relief	45294
to the person's primary caregiver and the nursing facility	45295
notifies the department of the person's admittance not later than	45296
twenty-four hours after admitting the person;	45297

(6) The person is to be transferred from another nursing	45298
facility, unless the nursing facility from which or to which the	45299
person is to be transferred determines that the person's medical	45300
condition has changed substantially since the person's admission	45301
to the nursing facility from which the person is to be transferred	45302
or a review is required by a third-party payment source;	45303

(7) The person is to be readmitted to a nursing facility	45304
following a period of hospitalization, unless the hospital or	45305
nursing facility determines that the person's medical condition	45306
has changed substantially since the person's admission to the	45307
hospital, or a review is required by a third-party payment source;	45308

(8) The department or designated agency fails to complete an	45309
assessment within the time required by division (D) or (E) of this	45310
section or determines after a partial assessment that the person	45311
should be exempt from the assessment.	45312

(D) The department or designated agency shall perform a	45313
complete assessment, or, if circumstances provided by rules	45314
adopted under division (I) of this section exist, a partial	45315
assessment, as follows:	45316

(1) In the case of a hospitalized person applying or	45317
intending to apply to a nursing facility, not later than two	45318
working days after the person or the person's representative is	45319
notified that a bed is available in a nursing facility;	45320

(2) In the case of an emergency as determined in accordance	45321
with rules adopted under division (I) of this section, not later	45322
than one working day after the person or the person's	45323
representative is notified that a bed is available in a nursing	45324
facility;	45325

(3) In all other cases, not later than five calendar days	45326
after the person or the person's representative who submits the	45327
application is notified that a bed is available in a nursing	45328
facility.	45329

(E) If the department or designated agency conducts a partial	45330
assessment under division (D) of this section, it shall complete	45331
the rest of the assessment not later than one hundred eighty days	45332
after the date the person is admitted to the nursing facility	45333
unless the assessment entity determines the person should be	45334
exempt from the assessment.	45335

(F) A person assessed under this section or the person's	45336
representative may file a complaint with the department about the	45337
assessment process. The department shall work to resolve the	45338
complaint in accordance with rules adopted under division (I) of	45339
this section.	45340

(G) A person is not required to seek an alternative source of	45341
long-term care and may be admitted to or continue to reside in a	45342
nursing facility even though an alternative source of long-term	45343
care is available or the person is determined pursuant to an	45344
assessment under this section not to need nursing facility	45345
services.	45346

(H) No nursing facility ~~with~~for which an operator has a	45347
provider agreement with the department under section 5111.22 of	45348
the Revised Code shall admit or retain any person, other than a	45349
person exempt from the assessment requirement as provided by	45350
division (C) of this section, as a resident unless the nursing	45351
facility has received evidence that a complete or partial	45352
assessment has been completed.	45353

(I) The director of job and family services shall adopt rules	45354
in accordance with Chapter 119. of the Revised Code to implement	45355
and administer this section. The rules shall include all of the	45356
following:	45357

(1) The information a person being assessed or the person's	45358
representative must provide to enable the department or designated	45359
agency to do the assessment;	45360

(2) Criteria to be used to determine whether a person is in	45361
need of nursing facility services;	45362

(3) Criteria to be used to determine whether an alternative	45363
source of long-term care is appropriate for the person being	45364
assessed;	45365

(4) Criteria and procedures to be used to determine a	45366
person's physical, mental, and psychosocial needs;	45367

(5) Criteria to be used to determine the effectiveness and	45368
continued availability of a person's current source of informal	45369
support and care;	45370

(6) Circumstances, in addition to those specified in division	45371
(C) of this section, under which a person is not required to be	45372
assessed;	45373

(7) Circumstances under which the department or designated	45374
agency may perform a partial assessment under division (D) of this	45375
section;	45376

(8) The method by which a situation will be determined to be	45377
an emergency for the purpose of division (D)(2) of this section;	45378

(9) The method by which the department will attempt to	45379
resolve complaints filed under division (F) of this section.	45380

(J) The director of job and family services may fine a	45381
nursing facility an amount determined by rules the director shall	45382
adopt in accordance with Chapter 119. of the Revised Code in	45383
either of the following circumstances:	45384

(1) The nursing facility fails to notify the department	45385
within the required time about an admission described in division	45386
(C)(5) of this section;	45387

(2) The nursing facility admits, without evidence that a	45388
complete or partial assessment has been conducted, a person other	45389
than a person exempt from the assessment requirement as provided	45390
by division (C) of this section.	45391

The director shall deposit all fines collected under this	45392
division into the residents protection fund established by section	45393
5111.62 of the Revised Code.	45394

Sec. 5101.80. (A) As used in this section and in section	45395
5101.801 of the Revised Code:	45396

(1) "County family services agency" has the same meaning as	45397
in section 307.981 of the Revised Code.	45398

(2) "State agency" has the same meaning as in section 9.82 of	45399
the Revised Code.	45400

(3) "Title IV-A program" means all of the following that are	45401
funded in part with funds provided under the temporary assistance	45402
for needy families block grant established by Title IV-A of the	45403
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	45404
amended:	45405

(a) The Ohio works first program established under Chapter	45406
5107. of the Revised Code;	45407

(b) The prevention, retention, and contingency program	45408
established under Chapter 5108. of the Revised Code;	45409

(c) A program established by the general assembly or an	45410
executive order issued by the governor that is administered or	45411
supervised by the department of job and family services pursuant	45412
to section 5101.801 of the Revised Code;	45413

(d) A component of a Title IV-A program identified under	45414
divisions (A)(3)(a) to (c) of this section that the Title IV-A	45415
state plan prepared under division (C)(1) of this section	45416
identifies as a component.	45417

(B) The department of job and family services shall act as	45418
the single state agency to administer and supervise the	45419
administration of Title IV-A programs. The Title IV-A state plan	45420
and amendments to the plan prepared under division (C) of this	45421
section are binding on county family services agencies and state	45422
agencies that administer a Title IV-A program. No county family	45423
services agency or state agency administering a Title IV-A program	45424
may establish, by rule or otherwise, a policy governing the Title	45425
IV-A program that is inconsistent with a Title IV-A program policy	45426
established, in rule or otherwise, by the director of job and	45427
family services.	45428

(C) The department of job and family services shall do all of	45429
the following:	45430

(1) Prepare and submit to the United States secretary of	45431
health and human services a Title IV-A state plan for Title IV-A	45432
programs;	45433

(2) Prepare and submit to the United States secretary of	45434
health and human services amendments to the Title IV-A state plan	45435
that the department determines necessary, including amendments	45436
necessary to implement Title IV-A programs identified in division	45437
(A)(3)(c) and (d) of this section;	45438

(3) Prescribe forms for applications, certificates, reports,	45439
records, and accounts of county family services agencies and state	45440
agencies administering a Title IV-A program, and other matters	45441
related to Title IV-A programs;	45442

(4) Make such reports, in such form and containing such	45443
information as the department may find necessary to assure the	45444
correctness and verification of such reports, regarding Title IV-A	45445
programs;	45446

(5) Require reports and information from each county family	45447
services agency and state agency administering a Title IV-A	45448
program as may be necessary or advisable regarding the Title IV-A	45449
program;	45450

(6) Afford a fair hearing in accordance with section 5101.35	45451
of the Revised Code to any applicant for, or participant or former	45452
participant of, a Title IV-A program aggrieved by a decision	45453
regarding the program;	45454

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	45455
and 5108. of the Revised Code and section 5101.801 of the Revised	45456
Code, any sums appropriated by the general assembly for the	45457
purpose of those chapters and section and all sums paid to the	45458
state by the secretary of the treasury of the United States as	45459
authorized by Title IV-A of the "Social Security Act," 110 Stat.	45460
2113 (1996), 42 U.S.C. 601, as amended;	45461

(8) Conduct investigations and audits as are necessary	45462
regarding Title IV-A programs;	45463

(9) Enter into reciprocal agreements with other states	45464
relative to the provision of Ohio works first and prevention,	45465
retention, and contingency to residents and nonresidents;	45466

(10) Contract with a private entity to conduct an independent	45467
on-going evaluation of the Ohio works first program and the	45468
prevention, retention, and contingency program. The contract must	45469
require the private entity to do all of the following:	45470

(a) Examine issues of process, practice, impact, and	45471
outcomes;	45472

(b) Study former participants of Ohio works first who have	45473
not participated in Ohio works first for at least one year to	45474
determine whether they are employed, the type of employment in	45475
which they are engaged, the amount of compensation they are	45476
receiving, whether their employer provides health insurance,	45477
whether and how often they have received benefits or services	45478
under the prevention, retention, and contingency program, and	45479
whether they are successfully self sufficient;	45480

(c) Provide the department with reports at times the	45481
department specifies.	45482

(11) Not later than January 1, 2001, and the first day of	45483
each January and July thereafter, prepare a report containing	45484
information on the following:	45485

(a) Individuals exhausting the time limits for participation	45486
in Ohio works first set forth in section 5107.18 of the Revised	45487
Code.	45488

(b) Individuals who have been exempted from the time limits	45489
set forth in section 5107.18 of the Revised Code and the reasons	45490
for the exemption.	45491

(12) Not later than January 1, 2001, and on a quarterly basis	45492
thereafter until December 1, 2003, prepare, to the extent the	45493
necessary data is available to the department, a report based on	45494
information determined under section 5107.80 of the Revised Code	45495
that states how many former Ohio works first participants entered	45496
the workforce during the most recent previous quarter for which	45497
the information is known and includes information regarding the	45498
earnings of those former participants. The report shall include a	45499
county-by-county breakdown and shall not contain the names or	45500
social security numbers of former participants.	45501

(13) To the extent authorized by section 5101.801 of the	45502
Revised Code, enter into interagency agreements with state	45503
agencies for the administration of Title IV-A programs identified	45504
under division (A)(3)(c) and (d) of this section.	45505

(D) The department shall provide copies of the reports it	45506
receives under division (C)(10) of this section and prepares under	45507
divisions (C)(11) and (12) of this section to the governor, the	45508
president and minority leader of the senate, and the speaker and	45509
minority leader of the house of representatives. The department	45510
shall provide copies of the reports to any private or government	45511
entity on request.	45512

(E) An authorized representative of the department or a	45513
county family services agency or state agency administering a	45514
Title IV-A program shall have access to all records and	45515
information bearing thereon for the purposes of investigations	45516
conducted pursuant to this section.	45517

Sec. 5101.83. (A) As used in this section:

45518

(1) "Assistance group" has the same meaning as in ~~sections~~	45519
section 5107.02 ~~and 5108.01~~ of the Revised Code, except that it	45520
also means a group provided benefits and services under the	45521
prevention, retention, and contingency program ~~because the members~~	45522
~~of the group share a common need for benefits and services~~.	45523

(2) "Fraudulent assistance" means assistance and service,	45524
including cash assistance, provided under the Ohio works first	45525
program established under Chapter 5107., or benefits and services	45526
provided under the prevention, retention, and contingency program	45527
established under Chapter 5108. of the Revised Code, to or on	45528
behalf of an assistance group that is provided as a result of	45529
fraud by a member of the assistance group, including an	45530
intentional violation of the program's requirements. "Fraudulent	45531
assistance" does not include assistance or services to or on	45532
behalf of an assistance group that is provided as a result of an	45533
error that is the fault of a county department of job and family	45534
services or the state department of job and family services.	45535

(B) If a county director of job and family services	45536
determines that an assistance group has received fraudulent	45537
assistance, the assistance group is ineligible to participate in	45538
the Ohio works first program or the prevention, retention, and	45539
contingency program until a member of the assistance group repays	45540
the cost of the fraudulent assistance. If a member repays the cost	45541
of the fraudulent assistance and the assistance group otherwise	45542
meets the eligibility requirements for the Ohio works first	45543
program or the prevention, retention, and contingency program, the	45544
assistance group shall not be denied the opportunity to	45545
participate in the program.	45546

This section does not limit the ability of a county	45547
department of job and family services to recover erroneous	45548
payments under section 5107.76 of the Revised Code.	45549

The state department of job and family services shall adopt	45550
rules in accordance with Chapter 119. of the Revised Code to	45551
implement this section.	45552

Sec. 5101.97. (A)(1) Not later than the ~~first~~last day of	45553
each July and January, the department of job and family services	45554
shall complete a report on the characteristics of the individuals	45555
who participate in or receive services through the programs	45556
operated by the department and the outcomes of the individuals'	45557
participation in or receipt of services through the programs. The	45558
~~report~~reports shall be for the six-month periods ending on the	45559
last days of June and December and shall include information on	45560
the following:	45561

(a) Work activities, developmental activities, and	45562
alternative work activities established under sections 5107.40 to	45563
5107.69 of the Revised Code;	45564

(b) Programs of publicly funded child day-care, as defined in	45565
section 5104.01 of the Revised Code;	45566

45567

(d) Births to recipients of the medical assistance program	45568
established under Chapter 5111. of the Revised Code.	45569

(2) Not later than the ~~first~~last day of each July, the	45570
department shall complete a progress report on the partnership	45571
agreements between the director of job and family services and	45572
boards of county commissioners under section 5101.21 of the	45573
Revised Code. The report shall be for the twelve-month period	45574
ending on the last day of June and shall include a review of	45575
whether the county family services agencies and workforce	45576
development agencies satisfied performance standards included in	45577
the agreements and whether the department provided assistance,	45578
services, and technical support specified in the agreements to aid	45579
the agencies in meeting the performance standards.	45580

(3) The department shall submit the reports required under	45581
divisions (A)(1) and (2) of this section to the speaker and	45582
minority leader of the house of representatives, the president and	45583
minority leader of the senate, the legislative budget officer, the	45584
director of budget and management, and each board of county	45585
commissioners. The department shall provide copies of each report	45586
to any person or government entity on request.	45587

In designing the format for each report, the department shall	45588
consult with individuals, organizations, and government entities	45589
interested in the programs operated by the department, so that the	45590
reports are designed to enable the general assembly and the public	45591
to evaluate the effectiveness of the programs and identify any	45592
needs that the programs are not meeting.	45593

(B) Whenever the federal government requires that the	45594
department submit a report on a program that is operated by the	45595
department or is otherwise under the department's jurisdiction,	45596
the department shall prepare and submit the report in accordance	45597
with the federal requirements applicable to that report. To the	45598
extent possible, the department may coordinate the preparation and	45599
submission of a particular report with any other report, plan, or	45600
other document required to be submitted to the federal government,	45601
as well as with any report required to be submitted to the general	45602
assembly. The reports required by the Personal Responsibility and	45603
Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) may be	45604
submitted as an annual summary.	45605

Sec. 5103.031. (A) Except as provided in section 5103.033 of	45606
the Revised Code, the department of job and family services may	45607
not issue a certificate under section 5103.03 of the Revised Code	45608
to a foster home unless the foster caregiver successfully	45609
completes the following amount of preplacement training through	45610
~~the Ohio child welfare training program or~~ a preplacement training	45611
program operated under section 5103.034 or 5153.60 of the Revised	45612
Code:	45613

(1) If the foster home is a family foster home, at least	45614
twelve hours;	45615

(2) If the foster home is a specialized foster home, at least	45616
thirty-six hours.	45617

(B) No child may be placed in a family foster home unless the	45618
foster caregiver completes at least twelve additional hours of	45619
preplacement training through ~~the Ohio child welfare training~~	45620
~~program or~~ a preplacement training program operated under section	45621
5103.034 or 5153.60 of the Revised Code.	45622

Sec. 5103.033. The department of job and family services may	45623
issue or renew a certificate under section 5103.03 of the Revised	45624
Code to a foster home for the care of a child who is in the	45625
custody of a public children services agency or private child	45626
placing agency pursuant to an agreement entered into under section	45627
5103.15 of the Revised Code regarding a child who was less than	45628
six months of age on the date the agreement was executed if the	45629
foster caregiver successfully completes the following amount of	45630
training:	45631

(A) For an initial certificate, at least twelve hours of	45632
preplacement training through ~~the Ohio child welfare training~~	45633
~~program or~~ a preplacement training program operated under section	45634
5103.034 or 5153.60 of the Revised Code;	45635

(B) For renewal of a certificate, at least twelve hours each	45636
year of continuing training in accordance with the foster	45637
caregiver's needs assessment and continuing training plan	45638
developed and implemented under section 5103.035 of the Revised	45639
Code.	45640

Sec. 5103.034. (A) A ~~public children services agency,~~ private	45641
child placing agency, or private noncustodial agency operating a	45642
preplacement training program or continuing training program	45643
approved by the department of job and family services under	45644
section 5103.038 of the Revised Code or the Ohio child welfare	45645
training program operating a preplacement training program or	45646
continuing training program pursuant to section 5153.60 of the	45647
Revised Code shall make the program available to foster	45648
caregivers. The agency or program shall make the programs	45649
available without regard to the type of recommending agency from	45650
which a foster caregiver seeks a recommendation ~~and without charge~~	45651
~~to the foster caregiver~~.	45652

(B) A private child placing agency or private noncustodial	45653
agency operating a preplacement training program or continuing	45654
training program approved by the department of job and family	45655
services under section 5103.038 of the Revised Code may condition	45656
the enrollment of a foster caregiver in a program on either or	45657
both of the following:	45658

(1) Availability of space in the training program;

45659

(2) If applicable, payment of an instruction or registration	45660
fee, if any, by the foster caregiver's recommending agency.	45661

(C) The Ohio child welfare training program operating a	45662
preplacement training program or continuing training program	45663
pursuant to section 5153.60 of the Revised Code may condition the	45664
enrollment in a preplacement training program or continuing	45665
training program of a foster caregiver whose recommending agency	45666
is a private child placing agency or private noncustodial agency	45667
on either or both of the following:	45668

(1) Availability of space in the training program;

45669

(2) Assignment to the program by the foster caregiver's	45670
recommending agency of the allowance payable under section	45671
5103.0313 of the Revised Code.	45672

(D) A private child placing agency or private noncustodial	45673
agency may contract with an individual or a public or private	45674
entity to administer a preplacement training program or continuing	45675
training program operated by the agency and approved by the	45676
department of job and family services under section 5103.038 of	45677
the Revised Code.	45678

Sec. 5103.036. For the purpose of determining whether a	45679
foster caregiver has satisfied the requirement of section 5103.031	45680
or 5103.032 of the Revised Code, a recommending agency shall	45681
accept training obtained from ~~the Ohio child welfare training~~	45682
~~program or pursuant to~~ a preplacement training program or	45683
continuing training program operated under section 5103.034 or	45684
5153.60 of the Revised Code regardless of whether the program is	45685
operated by the recommending agency ~~operated the preplacement~~	45686
~~training program or continuing training program~~. The agency may	45687
require that the foster caregiver successfully complete additional	45688
training as a condition of the agency recommending that the	45689
department of job and family services certify or recertify the	45690
foster caregiver's foster home under section 5103.03 of the	45691
Revised Code.	45692

Sec. 5103.037. The department of job and family services, in	45693
consultation with the departments of youth services, mental	45694
health, education, mental retardation and developmental	45695
disabilities, and alcohol and drug addiction services, shall	45696
develop a model design of a preplacement training program for	45697
foster caregivers seeking an initial certificate under section	45698
5103.03 of the Revised Code and a model design of a continuing	45699
training program for foster caregivers seeking renewal of a	45700
certificate under that section. The model design of a preplacement	45701
training program shall comply with section 5103.039 of the Revised	45702
Code. The model design of a continuing training program shall	45703
comply with section 5103.0310 of the Revised Code. The department	45704
of job and family services shall make the model designs available	45705
to ~~public children services agencies~~the Ohio child welfare	45706
training program, private child placing agencies, and private	45707
noncustodial agencies.	45708

Sec. 5103.038. (A) Every other year by a date specified in	45709
rules adopted under section 5103.0316 of the Revised Code, each	45710
~~public children services agency,~~ private child placing agency, and	45711
private noncustodial agency that seeks to operate a preplacement	45712
training program or continuing training program under section	45713
5103.034 of the Revised Code shall submit to the department of job	45714
and family services a proposal outlining the program. The proposal	45715
may be the same as, a modification of, or different from, a model	45716
design developed under section 5103.037 of the Revised Code. ~~The~~	45717
~~proposal shall include a budget for the program regarding the cost~~	45718
~~associated with trainers, obtaining sites at which the training is~~	45719
~~provided, and the administration of the training. The budget shall~~	45720
~~be consistent with rules adopted under section 5103.0316 of the~~	45721
~~Revised Code governing the department of job and family services'~~	45722
~~reimbursement of public children services agencies, private child~~	45723
~~placing agencies, and private noncustodial agencies under section~~	45724
~~5103.0313 of the Revised Code.~~	45725

(B) Not later than thirty days after receiving a proposal	45726
under division (A) of this section, the department shall either	45727
approve or disapprove the proposed program. The department shall	45728
approve a proposed preplacement training program if it complies	45729
with section 5103.039 or 5103.0310 of the Revised Code, as	45730
appropriate, and, in the case of a proposal submitted by an agency	45731
operating a preplacement training program at the time the proposal	45732
is submitted, the department is satisfied with the agency's	45733
operation of the program. The department shall approve a proposed	45734
continuing training program if it complies with section 5103.0310	45735
or 5103.0311 of the Revised Code, as appropriate, and, in the case	45736
of a proposal submitted by an agency operating a continuing	45737
training program at the time the proposal is submitted, the	45738
department is satisfied with the agency's operation of the	45739
program. ~~The department shall disapprove a proposed program if the~~	45740
~~program's budget is not consistent with rules adopted under~~	45741
~~section 5103.0316 of the Revised Code governing the department's~~	45742
~~reimbursement of public children services agencies, private child~~	45743
~~placing agencies, and private noncustodial agencies under section~~	45744
~~5103.0313 of the Revised Code.~~ If the department disapproves a	45745
proposal, it shall provide the reason for disapproval to the	45746
agency that submitted the proposal and advise the agency of how to	45747
revise the proposal so that the department can approve it.	45748

(C) The department's approval under division (B) of this	45749
section of a proposed preplacement training program or continuing	45750
training program is valid only for two years following the year	45751
the proposal for the program is submitted to the department under	45752
division (A) of this section.	45753

Sec. 5103.0312. A public children services agency, private	45754
child placing agency, or private noncustodial agency acting as a	45755
recommending agency for foster caregivers who hold certificates	45756
issued under section 5103.03 of the Revised Code shall pay those	45757
foster caregivers ~~who have had at least one foster child placed in~~	45758
~~their home~~ a stipend to reimburse them for attending ~~training~~	45759
~~courses provided by the Ohio child welfare training program or~~	45760
~~pursuant to~~ a preplacement training program or continuing training	45761
program operated under section 5103.034 or 5153.60 of the Revised	45762
Code. The payment shall be based on a stipend rate established by	45763
the department of job and family services. The stipend rate shall	45764
be the same regardless of the type of recommending agency from	45765
which a foster caregiver seeks a recommendation. The department	45766
shall, pursuant to rules adopted under section 5103.0316 of the	45767
Revised Code, reimburse the recommending agency for stipend	45768
payments it makes in accordance with this section.	45769

Sec. 5103.0313. The department of job and family services	45770
shall ~~reimburse the following~~compensate a private child placing	45771
agency or private noncustodial agency for the cost of ~~providing~~	45772
procuring or operating preplacement and continuing training to	45773
~~foster caregivers:~~	45774

~~(A) The Ohio child welfare training program;~~

45775

~~(B) A public children services agency, private child placing~~	45776
~~agency, or private noncustodial agency through a preplacement~~	45777
~~training program or continuing training program operated~~programs	45778
under section 5103.034 of the Revised Code for foster caregivers	45779
who are recommended for initial certification or recertification	45780
by the agency.	45781

The ~~reimbursement~~compensation shall be ~~on a per diem basis~~	45782
~~and limited to the cost associated with the trainer, obtaining a~~	45783
~~site at which the training is provided, and the administration of~~	45784
~~the training~~paid to the agency in the form of an allowance for	45785
each hour of preplacement and continuing training provided or	45786
received. ~~A reimbursement rate shall be the same regardless of~~	45787
~~whether the training program is operated by the Ohio child welfare~~	45788
~~training program or a public children services agency, private~~	45789
~~child placing agency, or private noncustodial agency.~~	45790

Sec. 5103.0314. The department of job and family services	45791
shall not ~~reimburse~~compensate a recommending agency for ~~the cost~~	45792
of any training the agency requires a foster caregiver to undergo	45793
as a condition of the agency recommending the department certify	45794
or recertify the foster caregiver's foster home under section	45795
5103.03 of the Revised Code if the training is in addition to the	45796
minimum training required by section 5103.031 or 5103.032 of the	45797
Revised Code.	45798

Sec. 5103.0315. The department of job and family services	45799
shall seek federal financial participation for the cost of making	45800
payments under section 5103.0312 of the Revised Code and	45801
~~reimbursements~~allowances under section 5103.0313 of the Revised	45802
Code. The department shall notify the governor, president of the	45803
senate, minority leader of the senate, speaker of the house of	45804
representatives, and minority leader of the house of	45805
representatives of any proposed federal legislation that endangers	45806
the federal financial participation.	45807

Sec. 5103.0316. ~~Not later than ninety days after January 1,~~	45808
~~2001, the~~The department of job and family services shall adopt	45809
rules in accordance with Chapter 119. of the Revised Code as	45810
necessary for the efficient administration of sections 5103.031 to	45811
5103.0316 of the Revised Code. The rules shall provide for all of	45812
the following:	45813

(A) For the purpose of section 5103.038 of the Revised Code,	45814
the date by which a ~~public children services agency,~~ private child	45815
placing agency, or private noncustodial agency that seeks to	45816
operate a preplacement training program or continuing training	45817
program under section 5103.034 of the Revised Code must submit to	45818
the department a proposal outlining the program;	45819

(B) Requirements governing the department's ~~reimbursement~~	45820
compensation of ~~the Ohio child welfare training program and public~~	45821
~~children services agencies,~~ private child placing agencies, and	45822
private noncustodial agencies under sections 5103.0312 and	45823
5103.0313 of the Revised Code;	45824

45825

Sec. 5103.154. (A) Information concerning all children who	45826
are, pursuant to section 2151.353 or 5103.15 of the Revised Code,	45827
in the permanent custody of an institution or association	45828
certified by the department of job and family services under	45829
section 5103.03 of the Revised Code shall be listed with the	45830
department within ninety days after permanent custody is	45831
effective, unless the child has been placed for adoption or unless	45832
an application for placement was initiated under section 5103.16	45833
of the Revised Code.	45834

(B) All persons who wish to adopt children, and are approved	45835
by an agency so empowered under this chapter, shall be listed with	45836
the department within ninety days of approval, unless a person	45837
requests in writing that that person's name not be so listed, or	45838
has had a child placed in that person's home in preparation for	45839
adoption, or has filed a petition for adoption.	45840

(C) All persons who wish to adopt a child with special needs	45841
as defined in rules adopted under section 5153.163 of the Revised	45842
Code, and who are approved by an agency so empowered under this	45843
chapter, shall be listed separately by the department within	45844
ninety days of approval, unless a person requests in writing that	45845
that person's name not be so listed, or has had a child with	45846
special needs placed in that person's home in preparation for	45847
adoption, or has filed a petition for adoption.	45848

(D) The department shall forward information on such children	45849
and listed persons at least quarterly, to all public children	45850
services agencies and all certified agencies.	45851

(E) The appropriate listed names shall be removed when a	45852
child is placed in an adoptive home or when a person withdraws an	45853
application for adoption.	45854

(F) No later than six months after the end of each fiscal	45855
year, the department shall compile a report of its conclusions	45856
regarding the effectiveness of its actions pursuant to this	45857
section and of the restrictions on placement under division ~~(E)~~(G)	45858
of section 5153.163 of the Revised Code in increasing adoptive	45859
placements of children with special needs, together with its	45860
recommendations, and shall submit a copy of the report to the	45861
chairpersons of the principal committees of the senate and the	45862
house of representatives who consider welfare legislation.	45863

Sec. 5103.155. As used in this section, "children with	45864
special needs" has the same meaning as in rules adopted under	45865
section 5153.163 of the Revised Code.	45866

If the department of job and family services determines that	45867
money in the putative father registry fund created under section	45868
2101.16 of the Revised Code is more than is needed to perform its	45869
duties related to the putative father registry, the department may	45870
use surplus moneys in the fund to promote adoption of children	45871
with special needs.	45872

Sec. 5104.01. As used in this chapter:

45873

(A) "Administrator" means the person responsible for the	45874
daily operation of a center or type A home. The administrator and	45875
the owner may be the same person.	45876

(B) "Approved child day camp" means a child day camp approved	45877
pursuant to section 5104.22 of the Revised Code.	45878

(C) "Authorized provider" means a person authorized by a	45879
county director of job and family services to operate a certified	45880
type B family day-care home.	45881

(D) "Border state child day-care provider" means a child	45882
day-care provider that is located in a state bordering Ohio and	45883
that is licensed, certified, or otherwise approved by that state	45884
to provide child day-care.	45885

(E) "Caretaker parent" means the father or mother of a child	45886
whose presence in the home is needed as the caretaker of the	45887
child, a person who has legal custody of a child and whose	45888
presence in the home is needed as the caretaker of the child, a	45889
guardian of a child whose presence in the home is needed as the	45890
caretaker of the child, and any other person who stands in loco	45891
parentis with respect to the child and whose presence in the home	45892
is needed as the caretaker of the child.	45893

(F) "Certified type B family day-care home" and "certified	45894
type B home" mean a type B family day-care home that is certified	45895
by the director of the county department of job and family	45896
services pursuant to section 5104.11 of the Revised Code to	45897
receive public funds for providing child day-care pursuant to this	45898
chapter and any rules adopted under it.	45899

(G) "Chartered nonpublic school" means a school that meets	45900
standards for nonpublic schools prescribed by the state board of	45901
education for nonpublic schools pursuant to section 3301.07 of the	45902
Revised Code.	45903

(H) "Child" includes an infant, toddler, preschool child, or	45904
school child.	45905

(I) "Child care block grant act" means the "Child Care and	45906
Development Block Grant Act of 1990," established in section 5082	45907
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	45908
1388-236 (1990), 42 U.S.C. 9858, as amended.	45909

(J) "Child day camp" means a program in which only school	45910
children attend or participate, that operates for no more than	45911
seven hours per day, that operates only during one or more public	45912
school district's regular vacation periods or for no more than	45913
fifteen weeks during the summer, and that operates outdoor	45914
activities for each child who attends or participates in the	45915
program for a minimum of fifty per cent of each day that children	45916
attend or participate in the program, except for any day when	45917
hazardous weather conditions prevent the program from operating	45918
outdoor activities for a minimum of fifty per cent of that day.	45919
For purposes of this division, the maximum seven hours of	45920
operation time does not include transportation time from a child's	45921
home to a child day camp and from a child day camp to a child's	45922
home.	45923

(K) "Child day-care" means administering to the needs of	45924
infants, toddlers, preschool children, and school children outside	45925
of school hours by persons other than their parents or guardians,	45926
custodians, or relatives by blood, marriage, or adoption for any	45927
part of the twenty-four-hour day in a place or residence other	45928
than a child's own home.	45929

(L) "Child day-care center" and "center" mean any place in	45930
which child day-care or publicly funded child day-care is provided	45931
for thirteen or more children at one time or any place that is not	45932
the permanent residence of the licensee or administrator in which	45933
child day-care or publicly funded child day-care is provided for	45934
seven to twelve children at one time. In counting children for the	45935
purposes of this division, any children under six years of age who	45936
are related to a licensee, administrator, or employee and who are	45937
on the premises of the center shall be counted. "Child day-care	45938
center" and "center" do not include any of the following:	45939

(1) A place located in and operated by a hospital, as defined	45940
in section 3727.01 of the Revised Code, in which the needs of	45941
children are administered to, if all the children whose needs are	45942
being administered to are monitored under the on-site supervision	45943
of a physician licensed under Chapter 4731. of the Revised Code or	45944
a registered nurse licensed under Chapter 4723. of the Revised	45945
Code, and the services are provided only for children who, in the	45946
opinion of the child's parent, guardian, or custodian, are	45947
exhibiting symptoms of a communicable disease or other illness or	45948
are injured;	45949

(2) A child day camp;

45950

(3) A place that provides child day-care, but not publicly	45951
funded child day-care, if all of the following apply:	45952

(a) An organized religious body provides the child day-care;

45953

(b) A parent, custodian, or guardian of at least one child	45954
receiving child day-care is on the premises and readily accessible	45955
at all times;	45956

(c) The child day-care is not provided for more than thirty	45957
days a year;	45958

(d) The child day-care is provided only for preschool and	45959
school children.	45960

(M) "Child day-care resource and referral service	45961
organization" means a community-based nonprofit organization that	45962
provides child day-care resource and referral services but not	45963
child day-care.	45964

(N) "Child day-care resource and referral services" means all	45965
of the following services:	45966

(1) Maintenance of a uniform data base of all child day-care	45967
providers in the community that are in compliance with this	45968
chapter, including current occupancy and vacancy data;	45969

(2) Provision of individualized consumer education to	45970
families seeking child day-care;	45971

(3) Provision of timely referrals of available child day-care	45972
providers to families seeking child day-care;	45973

(4) Recruitment of child day-care providers;

45974

(5) Assistance in the development, conduct, and dissemination	45975
of training for child day-care providers and provision of	45976
technical assistance to current and potential child day-care	45977
providers, employers, and the community;	45978

(6) Collection and analysis of data on the supply of and	45979
demand for child day-care in the community;	45980

(7) Technical assistance concerning locally, state, and	45981
federally funded child day-care and early childhood education	45982
programs;	45983

(8) Stimulation of employer involvement in making child	45984
day-care more affordable, more available, safer, and of higher	45985
quality for their employees and for the community;	45986

(9) Provision of written educational materials to caretaker	45987
parents and informational resources to child day-care providers;	45988

(10) Coordination of services among child day-care resource	45989
and referral service organizations to assist in developing and	45990
maintaining a statewide system of child day-care resource and	45991
referral services if required by the department of job and family	45992
services;	45993

(11) Cooperation with the county department of job and family	45994
services in encouraging the establishment of parent cooperative	45995
child day-care centers and parent cooperative type A family	45996
day-care homes.	45997

(O) "Child-care staff member" means an employee of a child	45998
day-care center or type A family day-care home who is primarily	45999
responsible for the care and supervision of children. The	46000
administrator may be a part-time child-care staff member when not	46001
involved in other duties.	46002

(P) "Drop-in child day-care center," "drop-in center,"	46003
"drop-in type A family day-care home," and "drop-in type A home"	46004
mean a center or type A home that provides child day-care or	46005
publicly funded child day-care for children on a temporary,	46006
irregular basis.	46007

(Q) "Employee" means a person who either:

46008

(1) Receives compensation for duties performed in a child	46009
day-care center or type A family day-care home;	46010

(2) Is assigned specific working hours or duties in a child	46011
day-care center or type A family day-care home.	46012

(R) "Employer" means a person, firm, institution,	46013
organization, or agency that operates a child day-care center or	46014
type A family day-care home subject to licensure under this	46015
chapter.	46016

(S) "Federal poverty line" means the official poverty	46017
guideline as revised annually in accordance with section 673(2) of	46018
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	46019
U.S.C. 9902, as amended, for a family size equal to the size of	46020
the family of the person whose income is being determined.	46021

(T) "Head start program" means a comprehensive child	46022
development program that receives funds distributed under the	46023
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	46024
amended, or under ~~section~~sections 3301.31 to 3301.37 of the	46025
Revised Code.	46026

(U) "Income" means gross income, as defined in section	46027
5107.10 of the Revised Code, less any amounts required by federal	46028
statutes or regulations to be disregarded.	46029

(V) "Indicator checklist" means an inspection tool, used in	46030
conjunction with an instrument-based program monitoring	46031
information system, that contains selected licensing requirements	46032
that are statistically reliable indicators or predictors of a	46033
child day-care center or type A family day-care home's compliance	46034
with licensing requirements.	46035

(W) "Infant" means a child who is less than eighteen months	46036
of age.	46037

(X) "In-home aide" means a person certified by a county	46038
director of job and family services pursuant to section 5104.12 of	46039
the Revised Code to provide publicly funded child day-care to a	46040
child in a child's own home pursuant to this chapter and any rules	46041
adopted under it.	46042

(Y) "Instrument-based program monitoring information system"	46043
means a method to assess compliance with licensing requirements	46044
for child day-care centers and type A family day-care homes in	46045
which each licensing requirement is assigned a weight indicative	46046
of the relative importance of the requirement to the health,	46047
growth, and safety of the children that is used to develop an	46048
indicator checklist.	46049

(Z) "License capacity" means the maximum number in each age	46050
category of children who may be cared for in a child day-care	46051
center or type A family day-care home at one time as determined by	46052
the director of job and family services considering building	46053
occupancy limits established by the department of commerce, number	46054
of available child-care staff members, amount of available indoor	46055
floor space and outdoor play space, and amount of available play	46056
equipment, materials, and supplies.	46057

(AA) "Licensed preschool program" or "licensed school child	46058
program" means a preschool program or school child program, as	46059
defined in section 3301.52 of the Revised Code, that is licensed	46060
by the department of education pursuant to sections 3301.52 to	46061
3301.59 of the Revised Code.	46062

(BB) "Licensee" means the owner of a child day-care center or	46063
type A family day-care home that is licensed pursuant to this	46064
chapter and who is responsible for ensuring its compliance with	46065
this chapter and rules adopted pursuant to this chapter.	46066

(CC) "Operate a child day camp" means to operate, establish,	46067
manage, conduct, or maintain a child day camp.	46068

(DD) "Owner" includes a person, as defined in section 1.59 of	46069
the Revised Code, or government entity.	46070

(EE) "Parent cooperative child day-care center," "parent	46071
cooperative center," "parent cooperative type A family day-care	46072
home," and "parent cooperative type A home" mean a corporation or	46073
association organized for providing educational services to the	46074
children of members of the corporation or association, without	46075
gain to the corporation or association as an entity, in which the	46076
services of the corporation or association are provided only to	46077
children of the members of the corporation or association,	46078
ownership and control of the corporation or association rests	46079
solely with the members of the corporation or association, and at	46080
least one parent-member of the corporation or association is on	46081
the premises of the center or type A home during its hours of	46082
operation.	46083

(FF) "Part-time child day-care center," "part-time center,"	46084
"part-time type A family day-care home," and "part-time type A	46085
home" mean a center or type A home that provides child day-care or	46086
publicly funded child day-care for no more than four hours a day	46087
for any child.	46088

(GG) "Place of worship" means a building where activities of	46089
an organized religious group are conducted and includes the	46090
grounds and any other buildings on the grounds used for such	46091
activities.	46092

(HH) "Preschool child" means a child who is three years old	46093
or older but is not a school child.	46094

(II) "Protective day-care" means publicly funded child	46095
day-care for the direct care and protection of a child to whom	46096
either of the following applies:	46097

(1) A case plan prepared and maintained for the child	46098
pursuant to section 2151.412 of the Revised Code indicates a need	46099
for protective day-care and the child resides with a parent,	46100
stepparent, guardian, or another person who stands in loco	46101
parentis as defined in rules adopted under section 5104.38 of the	46102
Revised Code;	46103

(2) The child and the child's caretaker either temporarily	46104
reside in a facility providing emergency shelter for homeless	46105
families or are determined by the county department of job and	46106
family services to be homeless, and are otherwise ineligible for	46107
publicly funded child day-care.	46108

(JJ) "Publicly funded child day-care" means administering to	46109
the needs of infants, toddlers, preschool children, and school	46110
children under age thirteen during any part of the	46111
twenty-four-hour day by persons other than their caretaker parents	46112
for remuneration wholly or in part with federal or state funds,	46113
including funds available under the child care block grant act	46114
~~funds~~Title IV-A, and Title XX, distributed by the department of	46115
job and family services.	46116

(KK) "Religious activities" means any of the following:	46117
worship or other religious services; religious instruction; Sunday	46118
school classes or other religious classes conducted during or	46119
prior to worship or other religious services; youth or adult	46120
fellowship activities; choir or other musical group practices or	46121
programs; meals; festivals; or meetings conducted by an organized	46122
religious group.	46123

(LL) "School child" means a child who is enrolled in or is	46124
eligible to be enrolled in a grade of kindergarten or above but is	46125
less than fifteen years old.	46126

(MM) "School child day-care center," "school child center,"	46127
"school child type A family day-care home," and "school child type	46128
A family home" mean a center or type A home that provides child	46129
day-care for school children only and that does either or both of	46130
the following:	46131

(1) Operates only during that part of the day that	46132
immediately precedes or follows the public school day of the	46133
school district in which the center or type A home is located;	46134

(2) Operates only when the public schools in the school	46135
district in which the center or type A home is located are not	46136
open for instruction with pupils in attendance.	46137

(NN) "State median income" means the state median income	46138
calculated by the department of development pursuant to division	46139
(A)(1)(g) of section 5709.61 of the Revised Code.	46140

(OO) "Title IV-A" means Title IV-A of the "Social Security	46141
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	46142

(PP) "Title XX" means Title XX of the "Social Security Act,"	46143
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	46144

(QQ) "Toddler" means a child who is at least eighteen months	46145
of age but less than three years of age.	46146

~~(PP)~~(RR) "Type A family day-care home" and "type A home" mean	46147
a permanent residence of the administrator in which child day-care	46148
or publicly funded child day-care is provided for seven to twelve	46149
children at one time or a permanent residence of the administrator	46150
in which child day-care is provided for four to twelve children at	46151
one time if four or more children at one time are under two years	46152
of age. In counting children for the purposes of this division,	46153
any children under six years of age who are related to a licensee,	46154
administrator, or employee and who are on the premises of the type	46155
A home shall be counted. "Type A family day-care home" does not	46156
include a residence in which the needs of children are	46157
administered to, if all of the children whose needs are being	46158
administered to are siblings of the same immediate family and the	46159
residence is the home of the siblings. "Type A family day-care	46160
home" and "type A home" do not include any child day camp.	46161

~~(QQ)~~(SS) "Type B family day-care home" and "type B home" mean	46162
a permanent residence of the provider in which child day-care is	46163
provided for one to six children at one time and in which no more	46164
than three children are under two years of age at one time. In	46165
counting children for the purposes of this division, any children	46166
under six years of age who are related to the provider and who are	46167
on the premises of the type B home shall be counted. "Type B	46168
family day-care home" does not include a residence in which the	46169
needs of children are administered to, if all of the children	46170
whose needs are being administered to are siblings of the same	46171
immediate family and the residence is the home of the siblings.	46172
"Type B family day-care home" and "type B home" do not include any	46173
child day camp.	46174

Sec. 5104.011. (A) The director of job and family services	46175
shall adopt rules pursuant to Chapter 119. of the Revised Code	46176
governing the operation of child day-care centers, including, but	46177
not limited to, parent cooperative centers, part-time centers,	46178
drop-in centers, and school child centers, which rules shall	46179
reflect the various forms of child day-care and the needs of	46180
children receiving child day-care or publicly funded child	46181
day-care and~~, no later than January 1, 1992,~~ shall include	46182
specific rules for school child day-care centers that are	46183
developed in consultation with the department of education. The	46184
rules shall not require an existing school facility that is in	46185
compliance with applicable building codes to undergo an additional	46186
building code inspection or to have structural modifications. The	46187
rules shall include the following:	46188

(1) Submission of a site plan and descriptive plan of	46189
operation to demonstrate how the center proposes to meet the	46190
requirements of this chapter and rules adopted pursuant to this	46191
chapter for the initial license application;	46192

(2) Standards for ensuring that the physical surroundings of	46193
the center are safe and sanitary including, but not limited to,	46194
the physical environment, the physical plant, and the equipment of	46195
the center;	46196

(3) Standards for the supervision, care, and discipline of	46197
children receiving child day-care or publicly funded child	46198
day-care in the center;	46199

(4) Standards for a program of activities, and for play	46200
equipment, materials, and supplies, to enhance the development of	46201
each child; however, any educational curricula, philosophies, and	46202
methodologies that are developmentally appropriate and that	46203
enhance the social, emotional, intellectual, and physical	46204
development of each child shall be permissible. As used in this	46205
division, "program" does not include instruction in religious or	46206
moral doctrines, beliefs, or values that is conducted at child	46207
day-care centers owned and operated by churches and does include	46208
methods of disciplining children at child day-care centers.	46209

(5) Admissions policies and procedures, health care policies	46210
and procedures, including, but not limited to, procedures for the	46211
isolation of children with communicable diseases, first aid and	46212
emergency procedures, procedures for discipline and supervision of	46213
children, standards for the provision of nutritious meals and	46214
snacks, and procedures for screening children and employees,	46215
including, but not limited to, any necessary physical examinations	46216
and immunizations;	46217

(6) Methods for encouraging parental participation in the	46218
center and methods for ensuring that the rights of children,	46219
parents, and employees are protected and that responsibilities of	46220
parents and employees are met;	46221

(7) Procedures for ensuring the safety and adequate	46222
supervision of children traveling off the premises of the center	46223
while under the care of a center employee;	46224

(8) Procedures for record keeping, organization, and	46225
administration;	46226

(9) Procedures for issuing, renewing, denying, and revoking a	46227
license that are not otherwise provided for in Chapter 119. of the	46228
Revised Code;	46229

(10) Inspection procedures;

46230

(11) Procedures and standards for setting initial and renewal	46231
license application fees;	46232

(12) Procedures for receiving, recording, and responding to	46233
complaints about centers;	46234

(13) Procedures for enforcing section 5104.04 of the Revised	46235
Code;	46236

(14) A standard requiring the inclusion, on and after July 1,	46237
1987, of a current department of job and family services toll-free	46238
telephone number on each center provisional license or license	46239
which any person may use to report a suspected violation by the	46240
center of this chapter or rules adopted pursuant to this chapter;	46241

(15) Requirements for the training of administrators and	46242
child-care staff members in first aid, in prevention, recognition,	46243
and management of communicable diseases, and in child abuse	46244
recognition and prevention. Training requirements for child	46245
day-care centers adopted under this division shall be consistent	46246
with divisions (B)(6) and (C)(1) of this section.	46247

(16) Procedures to be used by licensees for checking the	46248
references of potential employees of centers and procedures to be	46249
used by the director for checking the references of applicants for	46250
licenses to operate centers;	46251

(17) Standards providing for the special needs of children	46252
who are handicapped or who require treatment for health conditions	46253
while the child is receiving child day-care or publicly funded	46254
child day-care in the center;	46255

(18) Any other procedures and standards necessary to carry	46256
out this chapter.	46257

(B)(1) The child day-care center shall have, for each child	46258
for whom the center is licensed, at least thirty-five square feet	46259
of usable indoor floor space wall-to-wall regularly available for	46260
the child day-care operation exclusive of any parts of the	46261
structure in which the care of children is prohibited by law or by	46262
rules adopted by the board of building standards. The minimum of	46263
thirty-five square feet of usable indoor floor space shall not	46264
include hallways, kitchens, storage areas, or any other areas that	46265
are not available for the care of children, as determined by the	46266
director, in meeting the space requirement of this division, and	46267
bathrooms shall be counted in determining square footage only if	46268
they are used exclusively by children enrolled in the center,	46269
except that the exclusion of hallways, kitchens, storage areas,	46270
bathrooms not used exclusively by children enrolled in the center,	46271
and any other areas not available for the care of children from	46272
the minimum of thirty-five square feet of usable indoor floor	46273
space shall not apply to:	46274

(a) Centers licensed prior to or on September 1, 1986, that	46275
continue under licensure after that date;	46276

(b) Centers licensed prior to or on September 1, 1986, that	46277
are issued a new license after that date solely due to a change of	46278
ownership of the center.	46279

(2) The child day-care center shall have on the site a safe	46280
outdoor play space which is enclosed by a fence or otherwise	46281
protected from traffic or other hazards. The play space shall	46282
contain not less than sixty square feet per child using such space	46283
at any one time, and shall provide an opportunity for supervised	46284
outdoor play each day in suitable weather. The director may exempt	46285
a center from the requirement of this division, if an outdoor play	46286
space is not available and if all of the following are met:	46287

(a) The center provides an indoor recreation area that has	46288
not less than sixty square feet per child using the space at any	46289
one time, that has a minimum of one thousand four hundred forty	46290
square feet of space, and that is separate from the indoor space	46291
required under division (B)(1) of this section.	46292

(b) The director has determined that there is regularly	46293
available and scheduled for use a conveniently accessible and safe	46294
park, playground, or similar outdoor play area for play or	46295
recreation.	46296

(c) The children are closely supervised during play and while	46297
traveling to and from the area.	46298

The director also shall exempt from the requirement of this	46299
division a child day-care center that was licensed prior to	46300
September 1, 1986, if the center received approval from the	46301
director prior to September 1, 1986, to use a park, playground, or	46302
similar area, not connected with the center, for play or	46303
recreation in lieu of the outdoor space requirements of this	46304
section and if the children are closely supervised both during	46305
play and while traveling to and from the area and except if the	46306
director determines upon investigation and inspection pursuant to	46307
section 5104.04 of the Revised Code and rules adopted pursuant to	46308
that section that the park, playground, or similar area, as well	46309
as access to and from the area, is unsafe for the children.	46310

(3) The child day-care center shall have at least two	46311
responsible adults available on the premises at all times when	46312
seven or more children are in the center. The center shall	46313
organize the children in the center in small groups, shall provide	46314
child-care staff to give continuity of care and supervision to the	46315
children on a day-by-day basis, and shall ensure that no child is	46316
left alone or unsupervised. Except as otherwise provided in	46317
division (E) of this section, the maximum number of children per	46318
child-care staff member and maximum group size, by age category of	46319
children, are as follows:	46320

	Maximum Number of		46321
	Children Per	Maximum	46322
Age Category	Child-Care	Group	46323
of Children	Staff Member	Size	46324
(a) Infants:			46325
(i) Less than twelve			46326
months old	5:1, or		46327
	12:2 if two		46328
	child-care		46329
	staff members		46330
	are in the room	12	46331
(ii) At least twelve			46332
months old, but			46333
less than eighteen			46334
months old	6:1	12	46335
(b) Toddlers:			46336
(i) At least eighteen			46337
months old, but			46338
less than thirty			46339
months old	7:1	14	46340
(ii) At least thirty months			46341
old, but less than			46342
three years old	8:1	16	46343
(c) Preschool			46344
children:			46345
(i) Three years old	12:1	24	46346
(ii) Four years old and			46347
five years old who			46348
are not school			46349
children	14:1	28	46350
(d) School children:			46351
(i) A child who is			46352
enrolled in or is			46353
eligible to be			46354
enrolled in a grade			46355
of kindergarten			46356
or above, but			46357
is less than			46358
eleven years old	18:1	36	46359
(ii) Eleven through fourteen			46360
years old	20:1	40	46361

Except as otherwise provided in division (E) of this section,	46362
the maximum number of children per child-care staff member and	46363
maximum group size requirements of the younger age group shall	46364
apply when age groups are combined.	46365

(4)(a) The child day-care center administrator shall show the	46366
director both of the following:	46367

(i) Evidence of at least high school graduation or	46368
certification of high school equivalency by the state board of	46369
education or the appropriate agency of another state;	46370

(ii) Evidence of having completed at least two years of	46371
training in an accredited college, university, or technical	46372
college, including courses in child development or early childhood	46373
education, or at least two years of experience in supervising and	46374
giving daily care to children attending an organized group	46375
program.	46376

(b) In addition to the requirements of division (B)(4)(a) of	46377
this section, any administrator employed or designated on or after	46378
September 1, 1986, shall show evidence of, and any administrator	46379
employed or designated prior to September 1, 1986, shall show	46380
evidence within six years after such date of, at least one of the	46381
following:	46382

(i) Two years of experience working as a child-care staff	46383
member in a center and at least four courses in child development	46384
or early childhood education from an accredited college,	46385
university, or technical college, except that a person who has two	46386
years of experience working as a child-care staff member in a	46387
particular center and who has been promoted to or designated as	46388
administrator of that center shall have one year from the time the	46389
person was promoted to or designated as administrator to complete	46390
the required four courses;	46391

(ii) Two years of training, including at least four courses	46392
in child development or early childhood education from an	46393
accredited college, university, or technical college;	46394

(iii) A child development associate credential issued by the	46395
national child development associate credentialing commission;	46396

(iv) An associate or higher degree in child development or	46397
early childhood education from an accredited college, technical	46398
college, or university, or a license designated for teaching in an	46399
associate teaching position in a preschool setting issued by the	46400
state board of education.	46401

(5) All child-care staff members of a child day-care center	46402
shall be at least eighteen years of age, and shall furnish the	46403
director evidence of at least high school graduation or	46404
certification of high school equivalency by the state board of	46405
education or the appropriate agency of another state or evidence	46406
of completion of a training program approved by the department of	46407
job and family services or state board of education, except as	46408
follows:	46409

(a) A child-care staff member may be less than eighteen years	46410
of age if the staff member is either of the following:	46411

(i) A graduate of a two-year vocational child-care training	46412
program approved by the state board of education;	46413

(ii) A student enrolled in the second year of a vocational	46414
child-care training program approved by the state board of	46415
education which leads to high school graduation, provided that the	46416
student performs the student's duties in the child day-care center	46417
under the continuous supervision of an experienced child-care	46418
staff member, receives periodic supervision from the vocational	46419
child-care training program teacher-coordinator in the student's	46420
high school, and meets all other requirements of this chapter and	46421
rules adopted pursuant to this chapter.	46422

(b) A child-care staff member shall be exempt from the	46423
educational requirements of this division if the staff member:	46424

(i) Prior to January 1, 1972, was employed or designated by a	46425
child day-care center and has been continuously employed since	46426
either by the same child day-care center employer or at the same	46427
child day-care center; or	46428

(ii) Is a student enrolled in the second year of a vocational	46429
child-care training program approved by the state board of	46430
education which leads to high school graduation, provided that the	46431
student performs the student's duties in the child day-care center	46432
under the continuous supervision of an experienced child-care	46433
staff member, receives periodic supervision from the vocational	46434
child-care training program teacher-coordinator in the student's	46435
high school, and meets all other requirements of this chapter and	46436
rules adopted pursuant to this chapter.	46437

(6) Every child day-care staff member of a child day-care	46438
center annually shall complete fifteen hours of inservice training	46439
in child development or early childhood education, child abuse	46440
recognition and prevention, first aid, and in prevention,	46441
recognition, and management of communicable diseases, until a	46442
total of forty-five hours of training has been completed, unless	46443
the staff member furnishes one of the following to the director:	46444

(a) Evidence of an associate or higher degree in child	46445
development or early childhood education from an accredited	46446
college, university, or technical college;	46447

(b) A license designated for teaching in an associate	46448
teaching position in a preschool setting issued by the state board	46449
of education;	46450

46451

(d) Evidence of a preprimary credential from the American	46452
Montessori society or the association Montessori international.	46453
For the purposes of division (B)(6) of this section, "hour" means	46454
sixty minutes.	46455

(7) The administrator of each child day-care center shall	46456
prepare at least once annually and for each group of children at	46457
the center a roster of names and telephone numbers of parents,	46458
custodians, or guardians of each group of children attending the	46459
center and upon request shall furnish the roster for each group to	46460
the parents, custodians, or guardians of the children in that	46461
group. The administrator may prepare a roster of names and	46462
telephone numbers of all parents, custodians, or guardians of	46463
children attending the center and upon request shall furnish the	46464
roster to the parents, custodians, or guardians of the children	46465
who attend the center. The administrator shall not include in any	46466
roster the name or telephone number of any parent, custodian, or	46467
guardian who requests the administrator not to include the	46468
parent's, custodian's, or guardian's name or number and shall not	46469
furnish any roster to any person other than a parent, custodian,	46470
or guardian of a child who attends the center.	46471

(C)(1) Each child day-care center shall have on the center	46472
premises and readily available at all times at least one	46473
child-care staff member who has completed a course in first aid	46474
and in prevention, recognition, and management of communicable	46475
diseases which is approved by the state department of health and a	46476
staff member who has completed a course in child abuse recognition	46477
and prevention training which is approved by the department of job	46478
and family services.	46479

(2) The administrator of each child day-care center shall	46480
maintain enrollment, health, and attendance records for all	46481
children attending the center and health and employment records	46482
for all center employees. The records shall be confidential,	46483
except as otherwise provided in division (B)(7) of this section	46484
and except that they shall be disclosed by the administrator to	46485
the director upon request for the purpose of administering and	46486
enforcing this chapter and rules adopted pursuant to this chapter.	46487
Neither the center nor the licensee, administrator, or employees	46488
of the center shall be civilly or criminally liable in damages or	46489
otherwise for records disclosed to the director by the	46490
administrator pursuant to this division. It shall be a defense to	46491
any civil or criminal charge based upon records disclosed by the	46492
administrator to the director that the records were disclosed	46493
pursuant to this division.	46494

(3)(a) Any parent who is the residential parent and legal	46495
custodian of a child enrolled in a child day-care center and any	46496
custodian or guardian of such a child shall be permitted unlimited	46497
access to the center during its hours of operation for the	46498
purposes of contacting their children, evaluating the care	46499
provided by the center, evaluating the premises of the center, or	46500
for other purposes approved by the director. A parent of a child	46501
enrolled in a child day-care center who is not the child's	46502
residential parent shall be permitted unlimited access to the	46503
center during its hours of operation for those purposes under the	46504
same terms and conditions under which the residential parent of	46505
that child is permitted access to the center for those purposes.	46506
However, the access of the parent who is not the residential	46507
parent is subject to any agreement between the parents and, to the	46508
extent described in division (C)(3)(b) of this section, is subject	46509
to any terms and conditions limiting the right of access of the	46510
parent who is not the residential parent, as described in division	46511
(I) of section 3109.051 of the Revised Code, that are contained in	46512
a parenting time order or decree issued under that section,	46513
section 3109.12 of the Revised Code, or any other provision of the	46514
Revised Code.	46515

(b) If a parent who is the residential parent of a child has	46516
presented the administrator or the administrator's designee with a	46517
copy of a parenting time order that limits the terms and	46518
conditions under which the parent who is not the residential	46519
parent is to have access to the center, as described in division	46520
(I) of section 3109.051 of the Revised Code, the parent who is not	46521
the residential parent shall be provided access to the center only	46522
to the extent authorized in the order. If the residential parent	46523
has presented such an order, the parent who is not the residential	46524
parent shall be permitted access to the center only in accordance	46525
with the most recent order that has been presented to the	46526
administrator or the administrator's designee by the residential	46527
parent or the parent who is not the residential parent.	46528

(c) Upon entering the premises pursuant to division (C)(3)(a)	46529
or (b) of this section, the parent who is the residential parent	46530
and legal custodian, the parent who is not the residential parent,	46531
or the custodian or guardian shall notify the administrator or the	46532
administrator's designee of the parent's, custodian's, or	46533
guardian's presence.	46534

(D) The director of job and family services, in addition to	46535
the rules adopted under division (A) of this section, shall adopt	46536
rules establishing minimum requirements for child day-care	46537
centers. The rules shall include, but not be limited to, the	46538
requirements set forth in divisions (B) and (C) of this section.	46539
Except as provided in section 5104.07 of the Revised Code, the	46540
rules shall not change the square footage requirements of division	46541
(B)(1) or (2) of this section; the maximum number of children per	46542
child-care staff member and maximum group size requirements of	46543
division (B)(3) of this section; the educational and experience	46544
requirements of division (B)(4) of this section; the age,	46545
educational, and experience requirements of division (B)(5) of	46546
this section; the number of inservice training hours required	46547
under division (B)(6) of this section; or the requirement for at	46548
least annual preparation of a roster for each group of children of	46549
names and telephone numbers of parents, custodians, or guardians	46550
of each group of children attending the center that must be	46551
furnished upon request to any parent, custodian, or guardian of	46552
any child in that group required under division (B)(7) of this	46553
section; however, the rules shall provide procedures for	46554
determining compliance with those requirements.	46555

(E)(1) When age groups are combined, the maximum number of	46556
children per child-care staff member shall be determined by the	46557
age of the youngest child in the group, except that when no more	46558
than one child thirty months of age or older receives services in	46559
a group in which all the other children are in the next older age	46560
group, the maximum number of children per child-care staff member	46561
and maximum group size requirements of the older age group	46562
established under division (B)(3) of this section shall apply.	46563

(2) The maximum number of toddlers or preschool children per	46564
child-care staff member in a room where children are napping shall	46565
be twice the maximum number of children per child-care staff	46566
member established under division (B)(3) of this section if all	46567
the following criteria are met:	46568

(a) At least one child-care staff member is present in the	46569
room.	46570

(b) Sufficient child-care staff members are on the child	46571
day-care center premises to meet the maximum number of children	46572
per child-care staff member requirements established under	46573
division (B)(3) of this section.	46574

(c) Naptime preparations are complete and all napping	46575
children are resting or sleeping on cots.	46576

(d) The maximum number established under division (E)(2) of	46577
this section is in effect for no more than one and one-half hours	46578
during a twenty-four-hour day.	46579

(F) The director of job and family services shall adopt rules	46580
pursuant to Chapter 119. of the Revised Code governing the	46581
operation of type A family day-care homes, including, but not	46582
limited to, parent cooperative type A homes, part-time type A	46583
homes, drop-in type A homes, and school child type A homes, which	46584
shall reflect the various forms of child day-care and the needs of	46585
children receiving child day-care. The rules shall include the	46586
following:	46587

(1) Submission of a site plan and descriptive plan of	46588
operation to demonstrate how the type A home proposes to meet the	46589
requirements of this chapter and rules adopted pursuant to this	46590
chapter for the initial license application;	46591

(2) Standards for ensuring that the physical surroundings of	46592
the type A home are safe and sanitary, including, but not limited	46593
to, the physical environment, the physical plant, and the	46594
equipment of the type A home;	46595

(3) Standards for the supervision, care, and discipline of	46596
children receiving child day-care or publicly funded child	46597
day-care in the type A home;	46598

(4) Standards for a program of activities, and for play	46599
equipment, materials, and supplies, to enhance the development of	46600
each child; however, any educational curricula, philosophies, and	46601
methodologies that are developmentally appropriate and that	46602
enhance the social, emotional, intellectual, and physical	46603
development of each child shall be permissible;	46604

(5) Admissions policies and procedures, health care policies	46605
and procedures, including, but not limited to, procedures for the	46606
isolation of children with communicable diseases, first aid and	46607
emergency procedures, procedures for discipline and supervision of	46608
children, standards for the provision of nutritious meals and	46609
snacks, and procedures for screening children and employees,	46610
including, but not limited to, any necessary physical examinations	46611
and immunizations;	46612

(6) Methods for encouraging parental participation in the	46613
type A home and methods for ensuring that the rights of children,	46614
parents, and employees are protected and that the responsibilities	46615
of parents and employees are met;	46616

(7) Procedures for ensuring the safety and adequate	46617
supervision of children traveling off the premises of the type A	46618
home while under the care of a type A home employee;	46619

(8) Procedures for record keeping, organization, and	46620
administration;	46621

(9) Procedures for issuing, renewing, denying, and revoking a	46622
license that are not otherwise provided for in Chapter 119. of the	46623
Revised Code;	46624

(10) Inspection procedures;

46625

(11) Procedures and standards for setting initial and renewal	46626
license application fees;	46627

(12) Procedures for receiving, recording, and responding to	46628
complaints about type A homes;	46629

(13) Procedures for enforcing section 5104.04 of the Revised	46630
Code;	46631

(14) A standard requiring the inclusion, on or after July 1,	46632
1987, of a current department of job and family services toll-free	46633
telephone number on each type A home provisional license or	46634
license which any person may use to report a suspected violation	46635
by the type A home of this chapter or rules adopted pursuant this	46636
chapter;	46637

(15) Requirements for the training of administrators and	46638
child-care staff members in first aid, in prevention, recognition,	46639
and management of communicable diseases, and in child abuse	46640
recognition and prevention;	46641

(16) Procedures to be used by licensees for checking the	46642
references of potential employees of type A homes and procedures	46643
to be used by the director for checking the references of	46644
applicants for licenses to operate type A homes;	46645

(17) Standards providing for the special needs of children	46646
who are handicapped or who require treatment for health conditions	46647
while the child is receiving child day-care or publicly funded	46648
child day-care in the type A home;	46649

(18) Standards for the maximum number of children per	46650
child-care staff member;	46651

(19) Requirements for the amount of usable indoor floor space	46652
for each child;	46653

(20) Requirements for safe outdoor play space;

46654

(21) Qualifications and training requirements for	46655
administrators and for child-care staff members;	46656

(22) Procedures for granting a parent who is the residential	46657
parent and legal custodian, or a custodian or guardian access to	46658
the type A home during its hours of operation;	46659

(23) Standards for the preparation and distribution of a	46660
roster of parents, custodians, and guardians;	46661

(24) Any other procedures and standards necessary to carry	46662
out this chapter.	46663

(G) The director of job and family services shall adopt rules	46664
pursuant to Chapter 119. of the Revised Code governing the	46665
certification of type B family day-care homes.	46666

(1) The rules shall include procedures, standards, and other	46667
necessary provisions for granting limited certification to type B	46668
family day-care homes that are operated by the following adult	46669
providers:	46670

(a) Persons who provide child day-care for eligible children	46671
who are great-grandchildren, grandchildren, nieces, nephews, or	46672
siblings of the provider or for eligible children whose caretaker	46673
parent is a grandchild, child, niece, nephew, or sibling of the	46674
provider;	46675

(b) Persons who provide child day-care for eligible children	46676
all of whom are the children of the same caretaker parent.	46677

The rules shall require, and shall include procedures for the	46678
director to ensure, that type B family day-care homes that receive	46679
a limited certification provide child day-care to children in a	46680
safe and sanitary manner. With regard to providers who apply for	46681
limited certification, a provider shall be granted a provisional	46682
limited certification on signing a declaration under oath	46683
attesting that the provider meets the standards for limited	46684
certification. Such provisional limited certifications shall	46685
remain in effect for no more than sixty calendar days and shall	46686
entitle the provider to offer publicly funded child day-care	46687
during the provisional period. Except as otherwise provided in	46688
division (G)(1) of this section, prior to the expiration of the	46689
provisional limited certificate, a county department of job and	46690
family services shall inspect the home and shall grant limited	46691
certification to the provider if the provider meets the	46692
requirements of this division. Limited certificates remain valid	46693
for two years unless earlier revoked. Except as otherwise provided	46694
in division (G)(1) of this section, providers operating under	46695
limited certification shall be inspected annually.	46696

If a provider is a person described in division (G)(1)(a) of	46697
this section or a person described in division (G)(1)(b) of this	46698
section who is a friend of the caretaker parent, the provider and	46699
the caretaker parent may verify in writing to the county	46700
department of job and family services that minimum health and	46701
safety requirements are being met in the home. If such	46702
verification is provided, the county shall waive any inspection	46703
and any criminal records check required by this chapter and grant	46704
limited certification to the provider.	46705

(2) The rules shall provide for safeguarding the health,	46706
safety, and welfare of children receiving child day-care or	46707
publicly funded child day-care in a certified type B home and	46708
shall include the following:	46709

(a) Standards for ensuring that the type B home and the	46710
physical surroundings of the type B home are safe and sanitary,	46711
including, but not limited to, physical environment, physical	46712
plant, and equipment;	46713

(b) Standards for the supervision, care, and discipline of	46714
children receiving child day-care or publicly funded child	46715
day-care in the home;	46716

(c) Standards for a program of activities, and for play	46717
equipment, materials, and supplies to enhance the development of	46718
each child; however, any educational curricula, philosophies, and	46719
methodologies that are developmentally appropriate and that	46720
enhance the social, emotional, intellectual, and physical	46721
development of each child shall be permissible;	46722

(d) Admission policies and procedures, health care, first aid	46723
and emergency procedures, procedures for the care of sick	46724
children, procedures for discipline and supervision of children,	46725
nutritional standards, and procedures for screening children and	46726
authorized providers, including, but not limited to, any necessary	46727
physical examinations and immunizations;	46728

(e) Methods of encouraging parental participation and	46729
ensuring that the rights of children, parents, and authorized	46730
providers are protected and the responsibilities of parents and	46731
authorized providers are met;	46732

(f) Standards for the safe transport of children when under	46733
the care of authorized providers;	46734

(g) Procedures for issuing, renewing, denying, refusing to	46735
renew, or revoking certificates;	46736

(h) Procedures for the inspection of type B family day-care	46737
homes that require, at a minimum, that each type B family day-care	46738
home be inspected prior to certification to ensure that the home	46739
is safe and sanitary;	46740

(i) Procedures for record keeping and evaluation;

46741

(j) Procedures for receiving, recording, and responding to	46742
complaints;	46743

(k) Standards providing for the special needs of children who	46744
are handicapped or who receive treatment for health conditions	46745
while the child is receiving child day-care or publicly funded	46746
child day-care in the type B home;	46747

(l) Requirements for the amount of usable indoor floor space	46748
for each child;	46749

(m) Requirements for safe outdoor play space;

46750

(n) Qualification and training requirements for authorized	46751
providers;	46752

(o) Procedures for granting a parent who is the residential	46753
parent and legal custodian, or a custodian or guardian access to	46754
the type B home during its hours of operation;	46755

(p) Any other procedures and standards necessary to carry out	46756
this chapter.	46757

(H) The director shall adopt rules pursuant to Chapter 119.	46758
of the Revised Code governing the certification of in-home aides.	46759
The rules shall include procedures, standards, and other necessary	46760
provisions for granting limited certification to in-home aides who	46761
provide child day-care for eligible children who are	46762
great-grandchildren, grandchildren, nieces, nephews, or siblings	46763
of the in-home aide or for eligible children whose caretaker	46764
parent is a grandchild, child, niece, nephew, or sibling of the	46765
in-home aide. The rules shall require, and shall include	46766
procedures for the director to ensure, that in-home aides that	46767
receive a limited certification provide child day-care to children	46768
in a safe and sanitary manner. The rules shall provide for	46769
safeguarding the health, safety, and welfare of children receiving	46770
publicly funded child day-care in their own home and shall include	46771
the following:	46772

(1) Standards for ensuring that the child's home and the	46773
physical surroundings of the child's home are safe and sanitary,	46774
including, but not limited to, physical environment, physical	46775
plant, and equipment;	46776

(2) Standards for the supervision, care, and discipline of	46777
children receiving publicly funded child day-care in their own	46778
home;	46779

(3) Standards for a program of activities, and for play	46780
equipment, materials, and supplies to enhance the development of	46781
each child; however, any educational curricula, philosophies, and	46782
methodologies that are developmentally appropriate and that	46783
enhance the social, emotional, intellectual, and physical	46784
development of each child shall be permissible;	46785

(4) Health care, first aid, and emergency procedures,	46786
procedures for the care of sick children, procedures for	46787
discipline and supervision of children, nutritional standards, and	46788
procedures for screening children and in-home aides, including,	46789
but not limited to, any necessary physical examinations and	46790
immunizations;	46791

(5) Methods of encouraging parental participation and	46792
ensuring that the rights of children, parents, and in-home aides	46793
are protected and the responsibilities of parents and in-home	46794
aides are met;	46795

(6) Standards for the safe transport of children when under	46796
the care of in-home aides;	46797

(7) Procedures for issuing, renewing, denying, refusing to	46798
renew, or revoking certificates;	46799

(8) Procedures for inspection of homes of children receiving	46800
publicly funded child day-care in their own homes;	46801

(9) Procedures for record keeping and evaluation;

46802

(10) Procedures for receiving, recording, and responding to	46803
complaints;	46804

(11) Qualifications and training requirements for in-home	46805
aides;	46806

(12) Standards providing for the special needs of children	46807
who are handicapped or who receive treatment for health conditions	46808
while the child is receiving publicly funded child day-care in the	46809
child's own home;	46810

(13) Any other procedures and standards necessary to carry	46811
out this chapter.	46812

(I) To the extent that any rules adopted for the purposes of	46813
this section require a health care professional to perform a	46814
physical examination, the rules shall include as a health care	46815
professional a physician assistant, a clinical nurse specialist, a	46816
certified nurse practitioner, or a certified nurse-midwife.	46817

(J)(1) The director of job and family services shall ~~send~~	46818
~~copies~~do all of the following:	46819

(a) Send to each licensee notice of proposed rules ~~to each~~	46820
~~licensee and each county director of job and family services and~~	46821
~~shall give~~governing the licensure of child day-care centers and	46822
type A homes;	46823

(b) Give public notice of hearings regarding the rules to	46824
each licensee ~~and each county director of job and family services~~	46825
at least thirty days prior to the date of the public hearing, in	46826
accordance with section 119.03 of the Revised Code.;	46827

(c) Prior to the effective date of a rule, ~~the director of~~	46828
~~job and family services shall~~ provide ~~copies~~, in either paper or	46829
electronic form, a copy of the adopted rule to each licensee ~~and~~	46830
~~each county director of job and family services~~.	46831

(2) The director shall do all of the following:

46832

(a) Send to each county director of job and family services a	46833
notice of proposed rules governing the certification of type B	46834
family homes and in-home aides that includes an internet web site	46835
address where the proposed rules can be viewed;	46836

(b) Give public notice of hearings regarding the proposed	46837
rules not less than thirty days in advance;	46838

(c) Provide to each county director of job and family	46839
services an electronic copy of each adopted rule prior to the	46840
rule's effective date.	46841

(3) The county director of job and family services shall send	46842
copies of proposed rules to each authorized provider and in-home	46843
aide and shall give public notice of hearings regarding the rules	46844
to each authorized provider and in-home aide at least thirty days	46845
prior to the date of the public hearing, in accordance with	46846
section 119.03 of the Revised Code. Prior to the effective date of	46847
a rule, the county director of job and family services shall	46848
provide copies of the adopted rule to each authorized provider and	46849
in-home aide.	46850

(4) Additional copies of proposed and adopted rules shall be	46851
made available by the director of job and family services to the	46852
public on request at no charge.	46853

(K) The director of job and family services shall review all	46854
rules adopted pursuant to this chapter at least once every seven	46855
years.	46856

(L) Notwithstanding any provision of the Revised Code, the	46857
director of job and family services shall not regulate in any way	46858
under this chapter or rules adopted pursuant to this chapter,	46859
instruction in religious or moral doctrines, beliefs, or values.	46860

Sec. 5104.02. (A) The director of job and family services is	46861
responsible for the licensing of child day-care centers and type A	46862
family day-care homes, and for the enforcement of this chapter and	46863
of rules promulgated pursuant to this chapter. No person, firm,	46864
organization, institution, or agency shall operate, establish,	46865
manage, conduct, or maintain a child day-care center or type A	46866
family day-care home without a license issued under section	46867
5104.03 of the Revised Code. The current license shall be posted	46868
in a conspicuous place in the center or type A home that is	46869
accessible to parents, custodians, or guardians and employees of	46870
the center or type A home at all times when the center or type A	46871
home is in operation.	46872

(B) A person, firm, institution, organization, or agency	46873
operating any of the following programs is exempt from the	46874
requirements of this chapter:	46875

(1) A program of child day-care that operates for two or less	46876
consecutive weeks;	46877

(2) Child day-care in places of worship during religious	46878
activities during which children are cared for while at least one	46879
parent, guardian, or custodian of each child is participating in	46880
such activities and is readily available;	46881

(3) Religious activities which do not provide child day-care;

46882

(4) Supervised training, instruction, or activities of	46883
children in specific areas, including, but not limited to: art;	46884
drama; dance; music; gymnastics, swimming, or another athletic	46885
skill or sport; computers; or an educational subject conducted on	46886
an organized or periodic basis no more than one day a week and for	46887
no more than six hours duration;	46888

(5) Programs in which the director determines that at least	46889
one parent, custodian, or guardian of each child is on the	46890
premises of the facility offering child day-care and is readily	46891
accessible at all times, except that child day-care provided on	46892
the premises at which a parent, custodian, or guardian is employed	46893
more than two and one-half hours a day shall be licensed in	46894
accordance with division (A) of this section;	46895

(6)(a) Programs that provide child day-care funded and	46896
regulated or operated and regulated by state departments other	46897
than the department of job and family services or the state board	46898
of education when the director of job and family services has	46899
determined that the rules governing the program are equivalent to	46900
or exceed the rules promulgated pursuant to this chapter.	46901

Notwithstanding any exemption from regulation under this	46902
chapter, each state department shall submit to the director of job	46903
and family services a copy of the rules that govern programs that	46904
provide child day-care and are regulated or operated and regulated	46905
by the department. Annually, each state department shall submit to	46906
the director a report for each such program it regulates or	46907
operates and regulates that includes the following information:	46908

(i) The site location of the program;

46909

(ii) The maximum number of infants, toddlers, preschool	46910
children, or school children served by the program at one time;	46911

(iii) The number of adults providing child day-care for the	46912
number of infants, toddlers, preschool children, or school	46913
children;	46914

(iv) Any changes in the rules made subsequent to the time	46915
when the rules were initially submitted to the director.	46916

The director shall maintain a record of the child day-care	46917
information submitted by other state departments and shall provide	46918
this information upon request to the general assembly or the	46919
public.	46920

(b) Child day-care programs conducted by boards of education	46921
or by chartered nonpublic schools that are conducted in school	46922
buildings and that provide child day-care to school children only	46923
shall be exempt from meeting or exceeding rules promulgated	46924
pursuant to this chapter.	46925

(7) Any preschool program or school child program, except a	46926
head start program, that is subject to licensure by the department	46927
of education under sections 3301.52 to 3301.59 of the Revised	46928
Code.	46929

(8) Any program providing child day-care that meets all of	46930
the following requirements and, on October 20, 1987, was being	46931
operated by a nonpublic school that holds a charter issued by the	46932
state board of education for kindergarten only:	46933

(a) The nonpublic school has given the notice to the state	46934
board and the director of job and family services required by	46935
Section 4 of Substitute House Bill No. 253 of the 117th general	46936
assembly;	46937

(b) The nonpublic school continues to be chartered by the	46938
state board for kindergarten, or receives and continues to hold a	46939
charter from the state board for kindergarten through grade five;	46940

46941

(d) The program is operated in accordance with rules	46942
promulgated by the state board under sections 3301.52 to 3301.57	46943
of the Revised Code.	46944

(9) A youth development program operated outside of school	46945
hours by a community-based center to which all of the following	46946
apply:	46947

(a) The children enrolled in the program are under nineteen	46948
years of age and enrolled in or eligible to be enrolled in a grade	46949
of kindergarten or above.	46950

(b) The program provides informal child care and at least two	46951
of the following supervised activities: educational, recreational,	46952
culturally enriching, social, and personal development activities.	46953

(c) The state board of education has approved the program's	46954
participation in the child and adult care food program as an	46955
outside-school-hours care center pursuant to standards established	46956
under section 3313.813 of the Revised Code.	46957

(d) The community-based center operating the program is	46958
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	46959
and (c)(3).	46960

Sec. 5104.04. (A) The department of job and family services	46961
shall establish procedures to be followed in investigating,	46962
inspecting, and licensing child day-care centers and type A family	46963
day-care homes.	46964

(B)(1) The department shall, at least twice during every	46965
twelve-month period of operation of a center or type A home,	46966
inspect the center or type A home. The department shall inspect a	46967
part-time center or part-time type A home at least once during	46968
every twelve-month period of operation. The department shall	46969
provide a written inspection report to the licensee within a	46970
reasonable time after each inspection. The licensee shall display	46971
all written reports of inspections conducted during the current	46972
licensing period in a conspicuous place in the center or type A	46973
home.	46974

At least one inspection shall be unannounced and all	46975
inspections may be unannounced. No person, firm, organization,	46976
institution, or agency shall interfere with the inspection of a	46977
center or type A home by any state or local official engaged in	46978
performing duties required of the state or local official by	46979
Chapter 5104. of the Revised Code or rules adopted pursuant to	46980
Chapter 5104. of the Revised Code, including inspecting the center	46981
or type A home, reviewing records, or interviewing licensees,	46982
employees, children, or parents.	46983

Upon receipt of any complaint that a center or type A home is	46984
out of compliance with the requirements of Chapter 5104. of the	46985
Revised Code or rules adopted pursuant to Chapter 5104. of the	46986
Revised Code, the department shall investigate and may inspect a	46987
center or type A home.	46988

(2) If the department implements an instrument-based program	46989
monitoring information system, it may use an indicator checklist	46990
to comply with division (B)(1) of this section.	46991

(3) The department shall, at least once during every	46992
twelve-month period of operation of a center or type A home,	46993
collect information concerning the amounts charged by the center	46994
or home for providing child day-care services for use in	46995
establishing rates of reimbursement and payment pursuant to	46996
section 5104.30 of the Revised Code.	46997

(C) In the event a licensed center or type A home is	46998
determined to be out of compliance with the requirements of	46999
Chapter 5104. of the Revised Code or rules adopted pursuant to	47000
Chapter 5104. of the Revised Code, the department shall notify the	47001
licensee of the center or type A home in writing regarding the	47002
nature of the violation, what must be done to correct the	47003
violation, and by what date the correction must be made. If the	47004
correction is not made by the date established by the department,	47005
the department may commence action under Chapter 119. of the	47006
Revised Code to revoke the license.	47007

(D) The department may deny or revoke a license, or refuse to	47008
renew a license of a center or type A home, if the applicant	47009
knowingly makes a false statement on the application, does not	47010
comply with the requirements of Chapter 5104. or rules adopted	47011
pursuant to Chapter 5104. of the Revised Code, or has pleaded	47012
guilty to or been convicted of an offense described in section	47013
5104.09 of the Revised Code.	47014

(E) If the department finds, after notice and hearing	47015
pursuant to Chapter 119. of the Revised Code, that any person,	47016
firm, organization, institution, or agency licensed under section	47017
5104.03 of the Revised Code is in violation of any provision of	47018
Chapter 5104. of the Revised Code or rules adopted pursuant to	47019
Chapter 5104. of the Revised Code, the department may issue an	47020
order of revocation to the center or type A home revoking the	47021
license previously issued by the department. Upon the issuance of	47022
any order of revocation, the person whose license is revoked may	47023
appeal in accordance with section 119.12 of the Revised Code.	47024

(F) The surrender of a center or type A home license to the	47025
department or the withdrawal of an application for licensure by	47026
the owner or administrator of the center or type A home shall not	47027
prohibit the department from instituting any of the actions set	47028
forth in this section.	47029

(G) Whenever the department receives a complaint, is advised,	47030
or otherwise has any reason to believe that a center or type A	47031
home is providing child day-care without a license issued or	47032
renewed pursuant to section 5104.03 and is not exempt from	47033
licensing pursuant to section 5104.02 of the Revised Code, the	47034
department shall investigate the center or type A home and may	47035
inspect the areas children have access to or areas necessary for	47036
the care of children in the center or type A home during suspected	47037
hours of operation to determine whether the center or type A home	47038
is subject to the requirements of Chapter 5104. or rules adopted	47039
pursuant to Chapter 5104. of the Revised Code.	47040

(H) The department, upon determining that the center or type	47041
A home is operating without a license, shall notify the attorney	47042
general, the prosecuting attorney of the county in which the	47043
center or type A home is located, or the city attorney, village	47044
solicitor, or other chief legal officer of the municipal	47045
corporation in which the center or type A home is located, that	47046
the center or type A home is operating without a license. Upon	47047
receipt of the notification, the attorney general, prosecuting	47048
attorney, city attorney, village solicitor, or other chief legal	47049
officer of a municipal corporation shall file a complaint in the	47050
court of common pleas of the county in which the center or type A	47051
home is located requesting that the court grant an order enjoining	47052
the owner from operating the center or type A home. The court	47053
shall grant such injunctive relief upon a showing that the	47054
respondent named in the complaint is operating a center or type A	47055
home and is doing so without a license.	47056

(I) The department shall prepare an annual report on	47057
inspections conducted under this section. The report shall include	47058
the number of inspections conducted, the number and types of	47059
violations found, and the steps taken to address the violations.	47060
The department shall file the report with the governor, the	47061
president and minority leader of the senate, and the speaker and	47062
minority leader of the house of representatives on or before the	47063
first day of January of each year, beginning in 1999.	47064

Sec. 5104.30. (A) The department of job and family services	47065
is hereby designated as the state agency responsible for	47066
administration and coordination of federal and state funding for	47067
publicly funded child day-care in this state. Publicly funded	47068
child day-care shall be provided to the following:	47069

(1) Recipients of transitional child day-care as provided	47070
under section 5104.34 of the Revised Code;	47071

(2) Participants in the Ohio works first program established	47072
under Chapter 5107. of the Revised Code;	47073

(3) Individuals who would be participating in the Ohio works	47074
first program if not for a sanction under section 5107.16 of the	47075
Revised Code and who continue to participate in a work activity,	47076
developmental activity, or alternative work activity pursuant to	47077
an assignment under section 5107.42 of the Revised Code;	47078

(4) A family receiving publicly funded child day-care on	47079
October 1, 1997, until the family's income reaches one hundred	47080
fifty per cent of the federal poverty line;	47081

(5) Subject to available funds, other individuals determined	47082
eligible in accordance with rules adopted under section 5104.38 of	47083
the Revised Code.	47084

The department shall apply to the United States department of	47085
health and human services for authority to operate a coordinated	47086
program for publicly funded child day-care, if the director of job	47087
and family services determines that the application is necessary.	47088
For purposes of this section, the department of job and family	47089
services may enter into agreements with other state agencies that	47090
are involved in regulation or funding of child day-care. The	47091
department shall consider the special needs of migrant workers	47092
when it administers and coordinates publicly funded child day-care	47093
and shall develop appropriate procedures for accommodating the	47094
needs of migrant workers for publicly funded child day-care.	47095

(B) The department of job and family services shall	47096
distribute state and federal funds for publicly funded child	47097
day-care, including appropriations of state funds for publicly	47098
funded child day-care and appropriations of federal funds ~~for~~	47099
~~publicly funded child day-care~~available under ~~Title XX of the~~	47100
~~"Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as~~	47101
~~amended, and~~ the child care block grant act, Title IV-A, and Title	47102
XX. The department may use any state funds appropriated for	47103
publicly funded child day-care as the state share required to	47104
match any federal funds appropriated for publicly funded child	47105
day-care.	47106

(C) ~~The department may~~In the use of federal funds available	47107
under the child care block grant act, all of the following apply:	47108

(1) The department may use the federal funds to hire staff to	47109
prepare any rules required under this chapter and to administer	47110
and coordinate federal and state funding for publicly funded child	47111
day-care.	47112

(2) Not more than five per cent of the aggregate amount of	47113
~~those~~the federal funds received for a fiscal year may be expended	47114
for administrative costs. ~~The~~	47115

(3) The department shall allocate and use at least four per	47116
cent of the federal funds for the following:	47117

~~(1)~~(a) Activities designed to provide comprehensive consumer	47118
education to parents and the public;	47119

~~(2)~~(b) Activities that increase parental choice;

47120

~~(3)~~(c) Activities, including child day-care resource and	47121
referral services, designed to improve the quality, and increase	47122
the supply, of child day-care.	47123

~~(D)~~(4) The department shall ensure that ~~any~~the federal funds	47124
~~received by the state under the child care block grant act~~ will be	47125
used only to supplement, and will not be used to supplant,	47126
federal, state, and local funds available on the effective date of	47127
~~that~~the child care block grant act for publicly funded child	47128
day-care and related programs. A county department of job and	47129
family services may purchase child day-care from funds obtained	47130
through any other means.	47131

~~(E)~~(D) The department shall encourage the development of	47132
suitable child day-care throughout the state, especially in areas	47133
with high concentrations of recipients of public assistance and	47134
families with low incomes. The department shall encourage the	47135
development of suitable child day-care designed to accommodate the	47136
special needs of migrant workers. On request, the department,	47137
through its employees or contracts with state or community child	47138
day-care resource and referral service organizations, shall	47139
provide consultation to groups and individuals interested in	47140
developing child day-care. The department of job and family	47141
services may enter into interagency agreements with the department	47142
of education, the board of regents, the department of development,	47143
and other state agencies and entities whenever the cooperative	47144
efforts of the other state agencies and entities are necessary for	47145
the department of job and family services to fulfill its duties	47146
and responsibilities under this chapter.	47147

The department may develop and maintain a registry of persons	47148
providing child day-care. The director may adopt rules pursuant to	47149
Chapter 119. of the Revised Code establishing procedures and	47150
requirements for the registry's administration.	47151

~~(F)~~(E)(1) The director shall adopt rules in accordance with	47152
Chapter 119. of the Revised Code establishing both of the	47153
following:	47154

(a) Reimbursement ceilings for providers of publicly funded	47155
child day-care;	47156

(b) A procedure for reimbursing and paying providers of	47157
publicly funded child day-care.	47158

(2) In establishing reimbursement ceilings under division	47159
~~(F)~~(E)(1)(a) of this section, the director shall do all of the	47160
following:	47161

(a) Use the information obtained under division (B)(3) of	47162
section 5104.04 of the Revised Code;	47163

(b) Establish an enhanced reimbursement ceiling for providers	47164
who provide child day-care for caretaker parents who work	47165
nontraditional hours;	47166

(c) For a type B family day-care home provider that has	47167
received limited certification pursuant to rules adopted under	47168
division (G)(1) of section 5104.011 of the Revised Code, establish	47169
a reimbursement ceiling that is the following:	47170

(i) If the provider is a person described in division	47171
(G)(1)(a) of section 5104.011 of the Revised Code, seventy-five	47172
per cent of the reimbursement ceiling that applies to a type B	47173
family day-care home certified by the same county department of	47174
job and family services pursuant to section 5104.11 of the Revised	47175
Code;	47176

(ii) If the provider is a person described in division	47177
(G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent	47178
of the reimbursement ceiling that applies to a type B family	47179
day-care home certified by the same county department pursuant to	47180
section 5104.11 of the Revised Code.	47181

(3) In establishing reimbursement ceilings under division	47182
~~(F)~~(E)(1)(a) of this section, the director may establish different	47183
reimbursement ceilings based on any of the following:	47184

(a) Geographic location of the provider;

47185

(b) Type of care provided;

47186

47187

(d) Special needs of the child served;

47188

(e) Whether the expanded hours of service are provided;

47189

(f) Whether weekend service is provided;

47190

(g) Whether the provider has exceeded the minimum	47191
requirements of state statutes and rules governing child day-care;	47192

(h) Any other factors the director considers appropriate.

47193

Sec. 5104.32. (A) Except as provided in division (C) of this	47194
section, all purchases of publicly funded child day-care shall be	47195
made under a contract entered into by a licensed child day-care	47196
center, licensed type A family day-care home, certified type B	47197
family day-care home, certified in-home aide, approved child day	47198
camp, licensed preschool program, licensed school child program,	47199
or border state child day-care provider and the county department	47200
of job and family services. A county department of job and family	47201
services may enter into a contract with a provider for publicly	47202
funded child day-care for a specified period of time or upon a	47203
continuous basis for an unspecified period of time. All contracts	47204
for publicly funded child day-care shall be contingent upon the	47205
availability of state and federal funds. The department of job and	47206
family services shall prescribe a standard form to be used for all	47207
contracts for the purchase of publicly funded child day-care,	47208
regardless of the source of public funds used to purchase the	47209
child day-care. To the extent permitted by federal law and	47210
notwithstanding any other provision of the Revised Code that	47211
regulates state or county contracts or contracts involving the	47212
expenditure of state, county, or federal funds, all contracts for	47213
publicly funded child day-care shall be entered into in accordance	47214
with the provisions of this chapter and are exempt from any other	47215
provision of the Revised Code that regulates state or county	47216
contracts or contracts involving the expenditure of state, county,	47217
or federal funds.	47218

(B) Each contract for publicly funded child day-care shall	47219
specify at least the following:	47220

(1) That the provider of publicly funded child day-care	47221
agrees to be paid for rendering services at the lowest of the rate	47222
customarily charged by the provider for children enrolled for	47223
child day-care, the reimbursement ceiling or rate of payment	47224
established pursuant to section 5104.30 of the Revised Code, or a	47225
rate the county department negotiates with the provider;	47226

(2) That, if a provider provides child day-care to an	47227
individual potentially eligible for publicly funded child day-care	47228
who is subsequently determined to be eligible, the county	47229
department agrees to pay for all child day-care provided between	47230
the date the county department receives the individual's completed	47231
application and the date the individual's eligibility is	47232
determined;	47233

(3) Whether the county department of job and family services,	47234
the provider, or a child day-care resource and referral service	47235
organization will make eligibility determinations, whether the	47236
provider or a child day-care resource and referral service	47237
organization will be required to collect information to be used by	47238
the county department to make eligibility determinations, and the	47239
time period within which the provider or child day-care resource	47240
and referral service organization is required to complete required	47241
eligibility determinations or to transmit to the county department	47242
any information collected for the purpose of making eligibility	47243
determinations;	47244

(4) That the provider, other than a border state child	47245
day-care provider or except as provided in division (B) of section	47246
3301.37 of the Revised Code, shall continue to be licensed,	47247
approved, or certified pursuant to this chapter ~~or sections~~	47248
~~3301.52 to 3301.59 of the Revised Code~~ and shall comply with all	47249
standards and other requirements in this chapter ~~and those~~	47250
~~sections~~ and in rules adopted pursuant to this chapter ~~or those~~	47251
~~sections~~ for maintaining the provider's license, approval, or	47252
certification;	47253

(5) That, in the case of a border state child day-care	47254
provider, the provider shall continue to be licensed, certified,	47255
or otherwise approved by the state in which the provider is	47256
located and shall comply with all standards and other requirements	47257
established by that state for maintaining the provider's license,	47258
certificate, or other approval;	47259

(6) Whether the provider will be paid by the county	47260
department of job and family services or the state department of	47261
job and family services;	47262

(7) That the contract is subject to the availability of state	47263
and federal funds.	47264

(C) Unless specifically prohibited by federal law, the county	47265
department of job and family services shall give individuals	47266
eligible for publicly funded child day-care the option of	47267
obtaining certificates for payment that the individual may use to	47268
purchase services from any provider qualified to provide publicly	47269
funded child day-care under section 5104.31 of the Revised Code.	47270
Providers of publicly funded child day-care may present these	47271
certificates for payment for reimbursement in accordance with	47272
rules that the director of job and family services shall adopt.	47273
Only providers may receive reimbursement for certificates for	47274
payment. The value of the certificate for payment shall be based	47275
on the lowest of the rate customarily charged by the provider, the	47276
reimbursement ceiling or rate of payment established pursuant to	47277
section 5104.30 of the Revised Code, or a rate the county	47278
department negotiates with the provider. The county department may	47279
provide the certificates for payment to the individuals or may	47280
contract with child day-care providers or child day-care resource	47281
and referral service organizations that make determinations of	47282
eligibility for publicly funded child day-care pursuant to	47283
contracts entered into under section 5104.34 of the Revised Code	47284
for the providers or resource and referral service organizations	47285
to provide the certificates for payment to individuals whom they	47286
determine are eligible for publicly funded child day-care.	47287

For each six-month period a provider of publicly funded child	47288
day-care provides publicly funded child day-care to the child of	47289
an individual given certificates offor payment, the individual	47290
shall provide the provider certificates for days the provider	47291
would have provided publicly funded child day-care to the child	47292
had the child been present. County departments shall specify the	47293
maximum number of days providers will be provided certificates of	47294
payment for days the provider would have provided publicly funded	47295
child day-care had the child been present. The maximum number of	47296
days shall not exceed ten days in a six-month period during which	47297
publicly funded child day-care is provided to the child regardless	47298
of the number of providers that provide publicly funded child	47299
day-care to the child during that period.	47300

Sec. 5107.02. As used in this chapter:

47301

(A) "Adult" means an individual who is not a minor child.

47302

(B) "Assistance group" means a group of individuals treated	47303
as a unit for purposes of determining eligibility for and the	47304
amount of assistance provided under Ohio works first.	47305

(C) "Custodian" means an individual who has legal custody, as	47306
defined in section 2151.011 of the Revised Code, of a minor child	47307
or comparable status over a minor child created by a court of	47308
competent jurisdiction in another state.	47309

(D) "Guardian" means an individual that is granted authority	47310
by a probate court pursuant to Chapter 2111. of the Revised Code,	47311
or a court of competent jurisdiction in another state, to exercise	47312
parental rights over a minor child to the extent provided in the	47313
court's order and subject to residual parental rights of the minor	47314
child's parents.	47315

(E) "Minor child" means either of the following:

47316

(1) An individual who has not attained age eighteen;

47317

(2) An individual who has not attained age nineteen and is a	47318
full-time student in a secondary school or in the equivalent level	47319
of vocational or technical training.	47320

(F) "Minor head of household" means a minor child who is	47321
either of the following:	47322

(1) AtIs married, at least six months pregnant, and a member	47323
of an assistance group that does not include an adult;	47324

(2) AIs married and is a parent of a child included in the	47325
same assistance group that does not include an adult.	47326

(G) "Ohio works first" means the program established by this	47327
chapter known as temporary assistance for needy families in Title	47328
IV-A.	47329

(H) "Payment standard" means the amount specified in rules	47330
adopted under section 5107.05 of the Revised Code that is the	47331
maximum amount of cash assistance an assistance group may receive	47332
under Ohio works first from state and federal funds.	47333

(I) "Specified relative" means the following individuals who	47334
are age eighteen or older:	47335

(1) The following individuals related by blood or adoption:

47336

(a) Grandparents, including grandparents with the prefix	47337
"great," "great-great," or "great-great-great";	47338

(b) Siblings;

47339

(c) Aunts, uncles, nephews, and nieces, including such	47340
relatives with the prefix "great," "great-great," "grand," or	47341
"great-grand";	47342

(d) First cousins and first cousins once removed.

47343

(2) Stepparents and stepsiblings;

47344

(3) Spouses and former spouses of individuals named in	47345
division (I)(1) or (2) of this section.	47346

(J) "Title IV-A" or "Title IV-D" means Title IV-A or Title	47347
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	47348
301, as amended.	47349

Sec. 5107.30. (A) As used in this section:

47350

(1) "LEAP program" means the learning, earning, and parenting	47351
program.	47352

(2) "Teen" means a participant of Ohio works first who is	47353
under age ~~twenty~~eighteen or is age eighteen and in school and is	47354
a natural or adoptive parent or is pregnant.	47355

(3) "School" means an educational program that is designed to	47356
lead to the attainment of a high school diploma or the equivalent	47357
of a high school diploma.	47358

(B) The director of job and family services may adopt rules	47359
under section 5107.05 of the Revised Code, to the extent that such	47360
rules are consistent with federal law, to do all of the following:	47361

(1) Define "good cause" and "the equivalent of a high school	47362
diploma" for the purposes of this section;	47363

(2) Conduct ~~one or more special demonstration programs~~a	47364
program titled the "LEAP program" and establish requirements	47365
governing the program. The purpose of the LEAP program is to	47366
encourage teens to complete school.	47367

(3) Require every teen who is subject to LEAP program	47368
requirements to attend school in accordance with the requirements	47369
governing the program unless the teen shows good cause for not	47370
attending school. The department shall provide, in addition to the	47371
cash assistance payment provided under Ohio works first, an	47372
incentive payment, in an amount determined by the department, to	47373
every teen who is participating in the LEAP program and attends	47374
school in accordance with the requirements governing the program.	47375
The department shall reduce the cash assistance payment, in an	47376
amount determined by the department, under Ohio works first to	47377
every teen participating in the LEAP program who fails or refuses,	47378
without good cause, to ~~attend school in accordance with~~meet the	47379
requirements governing the program.	47380

(4) Require every teen who is subject to LEAP program	47381
requirements to enter into a written agreement with the county	47382
department of job and family services that provides all of the	47383
following:	47384

(a) The teen, to be eligible to receive the incentive payment	47385
under division (B)(3) of this section, must ~~attend school in~~	47386
~~accordance with~~meet the requirements of the LEAP program;.	47387

(b) The county department will provide the incentive payment	47388
to the teen if the teen ~~attends school;~~meets the requirements of	47389
the LEAP program.	47390

(c) The county department will reduce the cash assistance	47391
payment under Ohio works first if the teen fails or refuses	47392
without good cause to attend school in accordance with the	47393
requirements governing the LEAP program.	47394

~~(5) Evaluate the demonstration programs established under~~	47395
~~this section. In conducting the evaluations, the department of job~~	47396
~~and family services shall select control groups of teens who are~~	47397
~~otherwise subject to the LEAP program requirements.~~	47398

(C) A ~~teen~~minor head of household who is participating in	47399
the LEAP program shall be considered to be participating in a work	47400
activity for the purpose of sections 5107.40 to 5107.69 of the	47401
Revised Code. However, the ~~teen~~minor head of household is not	47402
subject to the requirements or sanctions of those sections~~, unless~~	47403
~~the teen is over age eighteen and meets the LEAP program~~	47404
~~requirements by participating regularly in work activities,~~	47405
~~developmental activities, or alternative work activities under~~	47406
~~those sections~~.	47407

(D) Subject to the availability of funds, county departments	47408
of job and family services shall provide for LEAP participants to	47409
receive support services the county department determines to be	47410
necessary for LEAP participation. Support services may include	47411
publicly funded child day-care under Chapter 5104. of the Revised	47412
Code, transportation, and other services.	47413

Sec. 5107.37. An(A) Except as provided in division (B) of	47414
this section, an individual who resides in a county home, city	47415
infirmary, jail, or other public institution is not eligible to	47416
participate in Ohio works first.	47417

(B) Division (A) of this section does not apply to a minor	47418
child residing with the minor child's mother who participates in a	47419
prison nursery program established under section 5120.65 of the	47420
Revised Code.	47421

Sec. 5107.40. As used in sections 5107.40 to 5107.69 of the	47422
Revised Code:	47423

(A) "Alternative work activity" means an activity designed to	47424
promote self sufficiency and personal responsibility established	47425
by a county department of job and family services under section	47426
5107.64 of the Revised Code.	47427

(B) "Developmental activity" means an activity designed to	47428
promote self sufficiency and personal responsibility established	47429
by a county department of job and family services under section	47430
5107.62 of the Revised Code.	47431

(C) "High school equivalence diploma" means a diploma	47432
attesting to achievement of the equivalent of a high school	47433
education as measured by scores obtained on the tests of general	47434
educational development published by the American council on	47435
education. "High school equivalence diploma" includes a	47436
certificate of high school equivalence issued prior to January 1,	47437
1994, attesting to the achievement of the equivalent of a high	47438
school education as measured by scores obtained on tests of	47439
general educational development.	47440

(D) "Work activity" means the following:

47441

(1) Unsubsidized employment activities established under	47442
section 5107.60 of the Revised Code;	47443

(2) The subsidized employment program established under	47444
section 5107.52 of the Revised Code;	47445

(3) The work experience program established under section	47446
5107.54 of the Revised Code;	47447

(4) On-the-job training activities established under section	47448
5107.60 of the Revised Code;	47449

(5) The job search and readiness program established under	47450
section 5107.50 of the Revised Code;	47451

(6) Community service activities established under section	47452
5107.60 of the Revised Code;	47453

(7) Vocational educational training activities established	47454
under section 5107.60 of the Revised Code;	47455

(8) Jobs skills training activities established under section	47456
5107.60 of the Revised Code that are directly related to	47457
employment;	47458

(9) Education activities established under section 5107.60 of	47459
the Revised Code that are directly related to employment for	47460
participants of Ohio works first who have not earned a high school	47461
diploma or high school equivalence diploma;	47462

(10) Education activities established under section 5107.60	47463
of the Revised Code for participants of Ohio works first who have	47464
not completed secondary school or received a high school	47465
equivalence diploma under which the participants attend a	47466
secondary school or a course of study leading to a high school	47467
equivalence diploma;	47468

(11) Child-care service activities, including training,	47469
established under section 5107.60 of the Revised Code to aid	47470
another participant of Ohio works first assigned to a community	47471
service activity or other work activity;	47472

(12) The education program established under section 5107.58	47473
of the Revised Code that are operated pursuant to a federal waiver	47474
granted by the United States secretary of health and human	47475
services pursuant to a request made under former section 5101.09	47476
of the Revised Code;	47477

(13) ~~Except as limited~~To the extent provided by division (C)	47478
of section 5107.30 of the Revised Code, the LEAP program	47479
established under that section.	47480

Sec. 5107.60. In accordance with Title IV-A, federal	47481
regulations, state law, the Title IV-A state plan prepared under	47482
section 5101.80 of the Revised Code, and amendments to the plan,	47483
county departments of job and family services shall establish and	47484
administer the following work activities, in addition to the work	47485
activities established under sections 5107.50, 5107.52, 5107.54,	47486
and 5107.58 of the Revised Code, for minor heads of households and	47487
adults participating in Ohio works first:	47488

(A) Unsubsidized employment activities, including activities	47489
a county department determines are legitimate entrepreneurial	47490
activities;	47491

(B) On-the-job training activities, including training to	47492
become an employee of a child day-care center or type A family	47493
day-care home, authorized provider of a certified type B family	47494
day-care home, or in-home aide;	47495

(C) Community service activities including a program under	47496
which a participant of Ohio works first who is the parent,	47497
guardian, custodian, or specified relative responsible for the	47498
care of a minor child enrolled in grade twelve or lower is	47499
involved in the minor child's education on a regular basis;	47500

(D) Vocational educational training activities;

47501

(E) Jobs skills training activities that are directly related	47502
to employment;	47503

(F) Education activities that are directly related to	47504
employment for participants who have not earned a high school	47505
diploma or high school equivalence diploma;	47506

(G) Education activities for participants who have not	47507
completed secondary school or received a high school equivalence	47508
diploma under which the participants attend a secondary school or	47509
a course of study leading to a high school equivalence diploma,	47510
including LEAP participation by a minor head of household;	47511

(H) Child-care service activities aiding another participant	47512
assigned to a community service activity or other work activity. A	47513
county department may provide for a participant assigned to this	47514
work activity to receive training necessary to provide child-care	47515
services.	47516

Sec. 5108.01. As used in this chapter:

47517

(A) ~~"Assistance group" means a group of individuals treated~~	47518
~~as a unit for purposes of determining eligibility for the~~	47519
~~prevention, retention, and contingency program~~"County family	47520
services planning committee" means the county family services	47521
planning committee established under section 329.06 of the Revised	47522
Code or the board created by consolidation under division (C) of	47523
section 6301.06 of the Revised Code.	47524

(B) "Prevention, retention, and contingency program" means	47525
the program established by this chapter and funded in part with	47526
federal funds provided under Title IV-A.	47527

(C) "Title IV-A" means Title IV-A of the "Social Security	47528
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	47529

Sec. 5108.03. Under the prevention, retention, and	47530
contingency program, aeach county department of job and family	47531
services shall ~~provide~~do both of the following in accordance with	47532
the statement of policies the county department develops under	47533
section 5108.04 of the Revised Code:	47534

(A) Provide benefits and services that individuals need to	47535
overcome immediate barriers to achieving or maintaining self	47536
sufficiency and personal responsibility;	47537

(B) Perform related administrative duties. ~~A county~~	47538
~~department shall provide the benefits and services in accordance~~	47539
~~with either the model design for the program that the department~~	47540
~~of job and family services develops under section 5108.05 of the~~	47541
~~Revised Code or the county department's own policies for the~~	47542
~~program developed under section 5108.06 of the Revised Code.~~	47543

~~Sec. 5108.06.~~ Sec. 5108.04. Each county department of job and	47544
family services shall ~~either~~ adopt ~~the model design for~~a written	47545
statement of policies governing the prevention, retention, and	47546
contingency program ~~the department of job and family services~~	47547
~~develops under section 5108.05 of the Revised Code or develop its~~	47548
~~own policies~~ for the ~~program~~county. ~~To develop its own policies,~~	47549
~~a county department shall adopt a written statement of the~~	47550
~~policies governing the program. The policies may be a modification~~	47551
~~of the model design, different from the model design, or a~~	47552
~~combination.~~The statement of policies shall be adopted not later	47553
than October 1, 2003, and shall be updated at least every two	47554
years thereafter. A county department may amend its statement of	47555
policies to modify, terminate, and establish new policies. The	47556
county director of job and family services shall sign and date the	47557
statement of policies and any amendment to it. Neither the	47558
statement of policies nor any amendment to it may have an	47559
effective date that is earlier than the date of the county	47560
director's signature.	47561

AEach county department of job and family services shall	47562
~~inform~~provide the department of job and family services of	47563
~~whether it has adopted the model design or developed its own~~	47564
~~policies for the prevention, retention, and contingency program.~~	47565
~~If a county department develops its own policies, it shall provide~~	47566
~~the department~~ a written copy of the statement of policies and any	47567
amendments it adopts to the statement not later than ten calendar	47568
days after the statement or amendment's effective date.	47569

~~Sec. 5108.07.~~ Sec. 5108.05. ~~The model design for the prevention,~~	47570
~~retention, and contingency program that the department of job and~~	47571
~~family services develops under section 5108.05 of the Revised Code~~	47572
~~and policies for the program that a county department of job and~~	47573
~~family services may develop under section 5108.06 of the Revised~~	47574
~~Code shall establish~~In adopting a statement of policies under	47575
section 5108.04 of the Revised Code for the county's prevention,	47576
retention, and contingency program, each county department of job	47577
and family services shall do all of the following:	47578

(A) Establish or specify ~~eligibility requirements for~~	47579
~~assistance groups that apply for the program under section 5108.10~~	47580
~~of the Revised Code, benefits~~all of the following:	47581

(1) Benefits and services to be provided under the program to	47582
~~assistance groups, administrative~~that are allowable uses of	47583
federal Title IV-A funds under 42 U.S.C. 601 and 604(a), except	47584
that they may not be "assistance" as defined in 45 C.F.R.	47585
260.31(a) but rather benefits and services that 45 C.F.R.	47586
260.31(b) excludes from the definition of assistance;	47587

(2) Restrictions on the amount, duration, and frequency of	47588
the benefits and services;	47589

(3) Eligibility requirements for the benefits and services;

47590

(4) Fair and equitable procedures for both of the following:

47591

(a) The certification of eligibility for the benefits and	47592
services that do not have a financial need eligibility	47593
requirement;	47594

(b) The determination and verification of eligibility for the	47595
benefits and services that have a financial need eligibility	47596
requirement.	47597

(5) Objective criteria for the delivery of the benefits and	47598
services;	47599

(6) Administrative requirements~~, and other~~;

47600

(7) Other matters the ~~department, in the case of the model~~	47601
~~design, or a~~ county department~~, in the case of county policies,~~	47602
~~determine~~determines are necessary.	47603

~~The model design and a county department's policies may~~	47604
~~establish eligibility requirements for, and specify benefits and~~	47605
~~services to be provided to, types of groups, such as students in~~	47606
~~the same class, that share a common need for the benefits and~~	47607
~~services. If the model design or a county department's policies~~	47608
~~include such a provision, the model design or county department's~~	47609
~~policies shall require that each individual who is to receive the~~	47610
~~benefits and services meet the eligibility requirements~~	47611
~~established for the type of group of which the individual is a~~	47612
~~member. The model design or county department's policies also~~	47613
~~shall require that the county department providing the benefits~~	47614
~~and services certify the group's eligibility, specify the duration~~	47615
~~that the group is to receive the benefits and services, and~~	47616
~~maintain the eligibility information for each member of the group~~	47617
~~receiving the benefits and services.~~	47618

~~The model design and a county department's policies may~~	47619
~~specify benefits and services that a county department may provide~~	47620
~~for the general public, including billboards that promote the~~	47621
~~prevention, and reduction in the incidence, of out-of-wedlock~~	47622
~~pregnancies or encourage the formation and maintenance of~~	47623
~~two-parent families.~~	47624

~~The model design and a county department's policies must be~~	47625
~~consistent with~~(B) Provide for the statement of policies to be	47626
consistent with all of the following:	47627

(1) The plan of cooperation the board of county commissioners	47628
develops under section 307.983 of the Revised Code;	47629

(2) The review and analysis of the county family services	47630
committee conducted in accordance with division (B)(2) of section	47631
329.06 of the Revised Code;	47632

(3) Title IV-A, federal regulations, state law, the Title	47633
IV-A state plan submitted to the United States secretary of health	47634
and human services under section 5101.80 of the Revised Code, and	47635
amendments to the plan. ~~All benefits and services to be provided~~	47636
~~under the model design or a county department's policies must be~~	47637
~~allowable uses of federal Title IV-A funds as specified in 42~~	47638
~~U.S.C.A. 604(a), except that they may not be "assistance" as~~	47639
~~defined in 45 C.F.R. 260.31(a). The benefits and services shall be~~	47640
~~benefits and services that 45 C.F.R. 260.31(b) excludes from the~~	47641
~~definition of assistance.~~	47642

(C) Either provide the public and local government entities	47643
at least thirty days to submit comments on, or have the county	47644
family services planning committee review, the statement of	47645
policies, including the design of the county's prevention,	47646
retention, and contingency program, before the county director	47647
signs and dates the statement of policies.	47648

Sec. 5108.06. In adopting a statement of policies under	47649
section 5108.04 of the Revised Code for the county's prevention,	47650
retention, and contingency program, a county department of job and	47651
family services may specify both of the following:	47652

(A) Benefits and services to be provided under the program	47653
that prevent and reduce the incidence of out-of-wedlock	47654
pregnancies or encourage the formation and maintenance of	47655
two-parent families as permitted by 45 C.F.R. 260.20(c) and (d);	47656

(B) How the county department will certify individuals'	47657
eligibility for such benefits and services.	47658

Sec. 5108.07. (A) Each statement of policies adopted under	47659
section 5108.04 of the Revised Code shall include the board of	47660
county commissioners' certification that the county department of	47661
job and family services complied with this chapter in adopting the	47662
statement of policies.	47663

(B) The board of county commissioners shall revise its	47664
certification under division (A) of this section if an amendment	47665
to the statement of policies that the board considers to be	47666
significant is adopted under section 5108.04 of the Revised Code.	47667

Sec. 5108.09. When a state hearing under division (B) of	47668
section 5101.35 of the Revised Code or an administrative appeal	47669
under division (C) of that section is held regarding the	47670
prevention, retention, and contingency program, the hearing	47671
officer, director of job and family services, or director's	47672
designee shall base the decision in the hearing or appeal on ~~the~~	47673
~~following:~~	47674

~~(A) If the county department of job and family services~~	47675
~~involved in the hearing or appeal adopted the department of job~~	47676
~~and family services' model design for the program developed under~~	47677
~~section 5108.05 of the Revised Code, the model design;~~	47678

~~(B) If the county department developed its own policies for~~	47679
~~the program,~~ the county ~~department's~~department of job and family	47680
services' written statement of policies adopted under section	47681
~~5108.06~~5108.04 of the Revised Code and any amendments the county	47682
department adopted to the statement if the county department	47683
provides a copy of the statement of policies and all amendments to	47684
the hearing officer, director, or director's designee at the	47685
hearing or appeal.	47686

Sec. 5108.10. ~~An assistance group seeking to participate in~~	47687
~~the prevention, retention, and contingency program shall apply to~~	47688
~~a county department of job and family services using~~Eligibility	47689
for a benefit or service under a county's prevention, retention,	47690
and contingency program shall be certified in accordance with the	47691
statement of policies adopted under section 5108.04 of the Revised	47692
Code if the benefit or service does not have a financial need	47693
eligibility requirement.	47694

Eligibility for a benefit or service shall be determined in	47695
accordance with the statement of policies and based on an	47696
application containing information the county department of job	47697
and family services requires.	47698

~~When~~if the benefit or service has a financial need	47699
eligibility requirement. When a county department receives an	47700
application for ~~participation in the prevention, retention, and~~	47701
~~contingency program~~such benefits and services, it shall ~~promptly~~	47702
~~make an investigation and record of the circumstances of the~~	47703
~~applicant in order to ascertain~~follow verification procedures	47704
established by the statement of policies to verify the facts	47705
surrounding the application and to obtain such other information	47706
as may be required. On completion of the ~~investigation~~	47707
verification procedure, the county department shall determine	47708
whether the applicant is eligible ~~to participate,~~for the benefits	47709
or services ~~the applicant should receive,~~ and the approximate date	47710
when ~~participation is~~the benefits or services are to begin.	47711

Sec. 5108.11. (A) To the extent permitted by section 307.982	47712
of the Revised Code, a board of county commissioners may enter	47713
into a written contract with a private or government entity for	47714
the entity to do either or both of the following for the county's	47715
prevention, retention, and contingency program:	47716

(1) Certify eligibility for benefits and services that do not	47717
have a financial need eligibility requirement;	47718

(2) Accept applications and determine and verify eligibility	47719
for benefits and services that have a financial need eligibility	47720
requirement.	47721

(B) If a board of county commissioners enters into a contract	47722
under division (A) of this section with a private or government	47723
entity, the county department of job and family services shall do	47724
all of the following:	47725

(1) Ensure that eligibility for benefits and services is	47726
certified or determined and verified in accordance with the	47727
statement of policies adopted under section 5108.04 of the Revised	47728
Code;	47729

(2) Ensure that the private or government entity maintains	47730
all records that are necessary for audits;	47731

(3) Monitor the private or government entity for compliance	47732
with Title IV-A, this chapter of the Revised Code, and the	47733
statement of policies;	47734

(4) Take actions that are necessary to recover any funds that	47735
are not spent in accordance with Title IV-A or this chapter of the	47736
Revised Code.	47737

Sec. 5108.12. Each county department of job and family	47738
services is responsible for funds expended or claimed under the	47739
county's prevention, retention, and contingency program that the	47740
department of job and family services, auditor of state, United	47741
States department of health and human services, or other	47742
government entity determines is expended or claimed in a manner	47743
that federal or state law or policy does not permit.	47744

Sec. 5111.019. (A) ~~The~~If sufficient funds are appropriated	47745
by the general assembly, the director of job and family services	47746
~~shall~~may submit to the United States secretary of health and	47747
human services an amendment to the state medicaid plan to make an	47748
individual who meets all of the following requirements eligible	47749
for medicaid for the amount of time provided by division (B) of	47750
this section:	47751

(1) The individual is the parent of a child under nineteen	47752
years of age and resides with the child;	47753

(2) The individual's family income does not exceed one	47754
hundred per cent of the federal poverty guidelines;	47755

(3) The individual is not otherwise eligible for medicaid;

47756

(4) The individual satisfies all relevant requirements	47757
established by rules adopted under division (D) of section 5111.01	47758
of the Revised Code.	47759

(B) An individual is eligible to receive medicaid under this	47760
section for a period that does not exceed two years beginning on	47761
the date on which eligibility is established.	47762

~~(C) If approved by the United States secretary of health and~~	47763
~~human services and the director of job and family services, the~~	47764
~~director shall implement the medicaid plan amendment submitted~~	47765
~~under this section not sooner than July 1, 2000. If a federal~~	47766
~~waiver is necessary for the United States secretary to approve the~~	47767
~~amendment, the director of job and family services shall submit a~~	47768
~~waiver request to the United States secretary not later than~~	47769
~~ninety days after the effective date of this section.~~	47770

Sec. 5111.0112. The director of job and family services shall	47771
examine instituting a copayment program under medicaid. As part of	47772
the examination, the director shall determine which groups of	47773
medicaid recipients may be subjected to a copayment requirement	47774
under federal statutes and regulations ~~and which of those groups~~	47775
~~are appropriate for a copayment program designed to reduce~~	47776
~~inappropriate and excessive use of medical goods and services~~. If,	47777
on completion of the examination, the director determines that it	47778
is feasible to institute such a copayment program, the director	47779
may seek approval from the United States secretary of health and	47780
human services to institute the copayment program. If necessary,	47781
the director may seek approval by applying for a waiver of federal	47782
statutes and regulations. If such approval is obtained, the	47783
director shall adopt rules in accordance with Chapter 119. of the	47784
Revised Code governing the copayment program.	47785

Sec. 5111.0113. Children who are in the temporary or	47786
permanent custody of a certified public or private nonprofit	47787
agency or institution or in adoptions subsidized under division	47788
(B) of section 5153.163 of the Revised Code are eligible for	47789
medical assistance through the medicaid program established under	47790
section 5111.01 of the Revised Code.	47791

Sec. 5111.02. (A) Under the medical assistance program:

47792

(1) Except as otherwise permitted by federal statute or	47793
regulation and at the department's discretion, reimbursement by	47794
the department of job and family services to a medical provider	47795
for any medical service rendered under the program shall not	47796
exceed the authorized reimbursement level for the same service	47797
under the medicare program established under Title XVIII of the	47798
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	47799
amended.	47800

(2) Reimbursement for freestanding medical laboratory charges	47801
shall not exceed the customary and usual fee for laboratory	47802
profiles.	47803

(3) The department may deduct from payments for services	47804
rendered by a medicaid provider under the medical assistance	47805
program any amounts the provider owes the state as the result of	47806
incorrect medical assistance payments the department has made to	47807
the provider.	47808

(4) The department may conduct final fiscal audits in	47809
accordance with the applicable requirements set forth in federal	47810
laws and regulations and determine any amounts the provider may	47811
owe the state. When conducting final fiscal audits, the department	47812
shall consider generally accepted auditing standards, which	47813
include the use of statistical sampling.	47814

(5) The number of days of inpatient hospital care for which	47815
reimbursement is made on behalf of a recipient of medical	47816
assistance to a hospital that is not paid under a	47817
diagnostic-related-group prospective payment system shall not	47818
exceed thirty days during a period beginning on the day of the	47819
recipient's admission to the hospital and ending sixty days after	47820
the termination of that hospital stay, except that the department	47821
may make exceptions to this limitation. The limitation does not	47822
apply to children participating in the program for medically	47823
handicapped children established under section 3701.023 of the	47824
Revised Code.	47825

(B) The director of job and family services may adopt, amend,	47826
or rescind rules under Chapter 119. of the Revised Code	47827
establishing the amount, duration, and scope of medical services	47828
to be included in the medical assistance program. Such rules shall	47829
establish the conditions under which services are covered and	47830
reimbursed, the method of reimbursement applicable to each covered	47831
service, and the amount of reimbursement or, in lieu of such	47832
amounts, methods by which such amounts are to be determined for	47833
each covered service. Any rules that pertain to nursing facilities	47834
or intermediate care facilities for the mentally retarded shall be	47835
consistent with sections 5111.20 to 5111.33 of the Revised Code.	47836

(C) ~~No health insuring corporation that has a contract to~~	47837
~~provide health care services to recipients of medical assistance~~	47838
~~shall restrict the availability to its enrollees of any~~	47839
~~prescription drugs included in the Ohio medicaid drug formulary as~~	47840
~~established under rules adopted by the director.~~	47841

~~(D)~~ The division of any reimbursement between a collaborating	47842
physician or podiatrist and a clinical nurse specialist, certified	47843
nurse-midwife, or certified nurse practitioner for services	47844
performed by the nurse shall be determined and agreed on by the	47845
nurse and collaborating physician or podiatrist. In no case shall	47846
reimbursement exceed the payment that the physician or podiatrist	47847
would have received had the physician or podiatrist provided the	47848
entire service.	47849

Sec. 5111.021. Under the medical assistance program, any	47850
amount determined to be owed the state by a final fiscal audit	47851
conducted pursuant to division (A)(4) of section 5111.02 of the	47852
Revised Code, upon the issuance of an adjudication order pursuant	47853
to Chapter 119. of the Revised Code that contains a finding that	47854
there is a preponderance of the evidence that the provider will	47855
liquidate assets or file bankruptcy in order to prevent payment of	47856
the amount determined to be owed the state, becomes a lien upon	47857
the real and personal property of the provider. Upon failure of	47858
the provider to pay the amount to the state, the director of job	47859
and family services shall file notice of the lien, for which there	47860
shall be no charge, in the office of the county recorder of the	47861
county in which it is ascertained that the provider owns real or	47862
personal property. The director shall notify the provider by mail	47863
of the lien, but absence of proof that the notice was sent does	47864
not affect the validity of the lien. The lien is not valid as	47865
against the claim of any mortgagee, pledgee, purchaser, judgment	47866
creditor, or other lienholder of record at the time the notice is	47867
filed.	47868

If the provider acquires real or personal property after	47869
notice of the lien is filed, the lien shall not be valid as	47870
against the claim of any mortgagee, pledgee, subsequent bona fide	47871
purchaser for value, judgment creditor, or other lienholder of	47872
record to such after-acquired property unless the notice of lien	47873
is refiled after the property is acquired by the provider and	47874
before the competing lien attaches to the after-acquired property	47875
or before the conveyance to the subsequent bona fide purchaser for	47876
value.	47877

When the amount has been paid, the provider may record with	47878
the recorder notice of the payment. For recording such notice of	47879
payment, the recorder shall charge and receive from the provider a	47880
base fee of one dollar for services and a housing trust fund fee	47881
of one dollar pursuant to section 317.36 of the Revised Code.	47882

In the event of a distribution of a provider's assets	47883
pursuant to an order of any court under the law of this state	47884
including any receivership, assignment for benefit of creditors,	47885
adjudicated insolvency, or similar proceedings, amounts then or	47886
thereafter due the state under this chapter have the same priority	47887
as provided by law for the payment of taxes due the state and	47888
shall be paid out of the receivership trust fund or other such	47889
trust fund in the same manner as provided for claims for unpaid	47890
taxes due the state.	47891

If the attorney general finds after investigation that any	47892
amount due the state under this chapter is uncollectable, in whole	47893
or in part, the attorney general shall recommend to the director	47894
the cancellation of all or part of the claim. The director may	47895
thereupon effect the cancellation.	47896

Sec. 5111.022. (A) As used in this section:

47897

(1) "Community mental health facility" means a community	47898
mental health facility that has a quality assurance program	47899
accredited by the joint commission on accreditation of healthcare	47900
organizations or is certified by the department of mental health	47901
or department of job and family services.	47902

(2) "Mental health professional" means a person qualified to	47903
work with mentally ill persons under the standards established by	47904
the director of mental health pursuant to section 5119.611 of the	47905
Revised Code.	47906

(B) The state medicaid plan ~~for providing medical assistance~~	47907
~~under Title XIX of the "Social Security Act," 49 Stat. 620, 42~~	47908
~~U.S.C.A. 301, as amended,~~ shall include provision of the following	47909
mental health services when provided by community mental health	47910
facilities ~~described in division (B) of this section~~:	47911

(1) Outpatient mental health services, including, but not	47912
limited to, preventive, diagnostic, therapeutic, rehabilitative,	47913
and palliative interventions rendered to individuals in an	47914
individual or group setting by a mental health professional in	47915
accordance with a plan of treatment appropriately established,	47916
monitored, and reviewed;	47917

(2) Partial-hospitalization mental health services of three	47918
to fourteen hours per service day, rendered by persons directly	47919
supervised by a mental health professional;	47920

(3) Unscheduled, emergency mental health services of a kind	47921
ordinarily provided to persons in crisis when rendered by persons	47922
supervised by a mental health professional;	47923

(4) Subject to receipt of federal approval, assertive	47924
community treatment and intensive home-based mental health	47925
services.	47926

~~(B) Services shall be included in the state plan only when~~	47927
~~provided by community mental health facilities that have quality~~	47928
~~assurance programs accredited by the joint commission on~~	47929
~~accreditation of healthcare organizations or certified by the~~	47930
~~department of mental health or department of job and family~~	47931
~~services.~~	47932

(C) The comprehensive annual plan shall certify the	47933
availability of sufficient unencumbered community mental health	47934
state subsidy and local funds to match ~~Title XIX~~federal medicaid	47935
reimbursement funds earned by ~~the~~community mental health	47936
facilities. ~~Reimbursement for eligible services shall be based on~~	47937
~~the prospective cost of providing the services as developed in~~	47938
~~standards adopted as part of the comprehensive annual plan.~~	47939

(D) ~~As used in this section, "mental health professional"~~	47940
~~means a person qualified to work with mentally ill persons under~~	47941
~~the standards established by the director of mental health~~	47942
~~pursuant to section 5119.611 of the Revised Code.~~	47943

~~(E) With respect to services established by division (A) of~~	47944
~~this section, the~~The department of job and family services shall	47945
enter into a separate contract with the department of mental	47946
health under section 5111.91 of the Revised Code with regard to	47947
the component of the medicaid program provided for by this	47948
section. ~~The terms of the contract between the department of job~~	47949
~~and family services and the department of mental health shall~~	47950
~~specify both of the following:~~	47951

~~(1) That the department of mental health and boards of~~	47952
~~alcohol, drug addiction, and mental health services shall provide~~	47953
~~state and local matching funds for Title XIX of the "Social~~	47954
~~Security Act," for reimbursement of services established by~~	47955
~~division (A) of this section;~~	47956

~~(2) How the community mental health facilities described in~~	47957
~~division (B) of this section will be paid for providing the~~	47958
~~services established by division (A) of this section.~~	47959

(E) Not later than May 1, 2004, the department of job and	47960
family services shall request federal approval to provide	47961
assertive community treatment and intensive home-based mental	47962
health services under medicaid pursuant to this section.	47963

(F) On receipt of federal approval sought under division (F)	47964
of this section, the director of job and family services shall	47965
adopt rules in accordance with Chapter 119. of the Revised Code	47966
establishing statewide access and acuity standards for partial	47967
hospitalization mental health services and assertive community	47968
treatment and intensive home-based mental health services provided	47969
under medicaid pursuant to this section. The director shall	47970
consult with the department of mental health in adopting the	47971
rules.	47972

Sec. 5111.025. (A) In rules adopted under section 5111.02 of	47973
the Revised Code, the director of job and family services shall	47974
modify the manner or establish a new manner in which the following	47975
are paid under medicaid:	47976

(1) Community mental health facilities for providing mental	47977
health services included in the state medicaid plan pursuant to	47978
section 5111.022 of the Revised Code;	47979

(2) Providers of alcohol and drug addiction services for	47980
providing alcohol and drug addiction services included in the	47981
medicaid program pursuant to rules adopted under section 5111.02	47982
of the Revised Code.	47983

(B) In modifying the manner, or establishing a new manner,	47984
for medicaid to pay for the services specified in division (A) of	47985
this section, the director shall include a provision for obtaining	47986
federal financial participation for the costs that each board of	47987
alcohol, drug addiction, and mental health services incurs in its	47988
administration of those services. Except as provided in section	47989
5111.92 of the Revised Code, the department of job and family	47990
services shall pay the federal financial participation obtained	47991
for such administrative costs to the board that incurs the	47992
administrative costs.	47993

(C) The director's authority to modify the manner, or to	47994
establish a new manner, for medicaid to pay for the services	47995
specified in division (A) of this section is not limited by any	47996
rules adopted under section 5111.02 or 5119.61 of the Revised Code	47997
that are in effect on the effective date of this section and	47998
govern the way medicaid pays for those services. This is the case	47999
regardless of what state agency adopted the rules.	48000

Sec. 5111.03. (A) No provider of services or goods	48001
contracting with the department of job and family services	48002
pursuant to the medicaid program shall, by deception, obtain or	48003
attempt to obtain payments under this chapter to which the	48004
provider is not entitled pursuant to the provider agreement, or	48005
the rules of the federal government or the department of job and	48006
family services relating to the program. No provider shall	48007
willfully receive payments to which the provider is not entitled,	48008
or willfully receive payments in a greater amount than that to	48009
which the provider is entitled; nor shall any provider falsify any	48010
report or document required by state or federal law, rule, or	48011
provider agreement relating to medicaid payments. As used in this	48012
section, a provider engages in "deception" when the provider,	48013
acting with actual knowledge of the representation or information	48014
involved, acting in deliberate ignorance of the truth or falsity	48015
of the representation or information involved, or acting in	48016
reckless disregard of the truth or falsity of the representation	48017
or information involved, deceives another or causes another to be	48018
deceived by any false or misleading representation, by withholding	48019
information, by preventing another from acquiring information, or	48020
by any other conduct, act, or omission that creates, confirms, or	48021
perpetuates a false impression in another, including a false	48022
impression as to law, value, state of mind, or other objective or	48023
subjective fact. No proof of specific intent to defraud is	48024
required to show, for purposes of this section, that a provider	48025
has engaged in deception.	48026

(B) Any provider who violates division (A) of this section	48027
shall be liable, in addition to any other penalties provided by	48028
law, for all of the following civil penalties:	48029

(1) Payment of interest on the amount of the excess payments	48030
at the maximum interest rate allowable for real estate mortgages	48031
under section 1343.01 of the Revised Code on the date the payment	48032
was made to the provider for the period from the date upon which	48033
payment was made, to the date upon which repayment is made to the	48034
state;	48035

(2) Payment of an amount equal to three times the amount of	48036
any excess payments;	48037

(3) Payment of a sum of not less than five thousand dollars	48038
and not more than ten thousand dollars for each deceptive claim or	48039
falsification;	48040

(4) All reasonable expenses which the court determines have	48041
been necessarily incurred by the state in the enforcement of this	48042
section.	48043

(C) InAs used in this division, "intermediate care facility	48044
for the mentally retarded" and "nursing facility" have the same	48045
meanings given in section 5111.20 of the Revised Code.	48046

In addition to the civil penalties provided in division (B)	48047
of this section, the director of job and family services, upon the	48048
conviction of, or the entry of a judgment in either a criminal or	48049
civil action against, a medicaid provider or its owner, officer,	48050
authorized agent, associate, manager, or employee in an action	48051
brought pursuant to section 109.85 of the Revised Code, shall	48052
terminate the provider agreement between the department and the	48053
provider and stop reimbursement to the provider for services	48054
rendered for a period of up to five years from the date of	48055
conviction or entry of judgment. As used in this chapter, "owner"	48056
means any person having at least five per cent ownership in the	48057
medicaid provider. No such provider, owner, officer, authorized	48058
agent, associate, manager, or employee shall own or provide	48059
services to any other medicaid provider or risk contractor or	48060
arrange for, render, or order services for medicaid recipients	48061
during the period of termination as provided in division (C) of	48062
this section, nor, during the period of termination as provided in	48063
division (C) of this section, shall such provider, owner, officer,	48064
authorized agent, associate, manager, or employee receive	48065
reimbursement in the form of direct payments from the department	48066
or indirect payments of medicaid funds in the form of salary,	48067
shared fees, contracts, kickbacks, or rebates from or through any	48068
participating provider or risk contractor. The provider agreement	48069
shall not be terminated or reimbursement terminated if the	48070
provider or owner can demonstrate that the provider or owner did	48071
not directly or indirectly sanction the action of its authorized	48072
agent, associate, manager, or employee that resulted in the	48073
conviction or entry of a judgment in a criminal or civil action	48074
brought pursuant to section 109.85 of the Revised Code. Nothing in	48075
this division prohibits any owner, officer, authorized agent,	48076
associate, manager, or employee of a medicaid provider from	48077
entering into a medicaid provider agreement if the person can	48078
demonstrate that the person had no knowledge of an action of the	48079
medicaid provider the person was formerly associated with that	48080
resulted in the conviction or entry of a judgment in a criminal or	48081
civil action brought pursuant to section 109.85 of the Revised	48082
Code.	48083

~~Providers subject to sections 5111.20 to 5111.32 of the~~	48084
~~Revised Code~~Nursing facility or intermediate care facility for	48085
the mentally retarded providers whose agreements are terminated	48086
pursuant to this section may continue to receive reimbursement for	48087
up to thirty days after the effective date of the termination if	48088
the provider makes reasonable efforts to transfer recipients to	48089
another facility or to alternate care and if federal funds are	48090
provided for such reimbursement.	48091

(D) Any provider of services or goods contracting with the	48092
department of job and family services pursuant to Title XIX of the	48093
"Social Security Act," who, without intent, obtains payments under	48094
this chapter in excess of the amount to which the provider is	48095
entitled, thereby becomes liable for payment of interest on the	48096
amount of the excess payments at the maximum real estate mortgage	48097
rate on the date the payment was made to the provider for the	48098
period from the date upon which payment was made to the date upon	48099
which repayment is made to the state.	48100

(E) The attorney general on behalf of the state may commence	48101
proceedings to enforce this section in any court of competent	48102
jurisdiction; and the attorney general may settle or compromise	48103
any case brought under this section with the approval of the	48104
department of job and family services. Notwithstanding any other	48105
provision of law providing a shorter period of limitations, the	48106
attorney general may commence a proceeding to enforce this section	48107
at any time within six years after the conduct in violation of	48108
this section terminates.	48109

(F) The authority, under state and federal law, of the	48110
department of job and family services or a county department of	48111
job and family services to recover excess payments made to a	48112
provider is not limited by the availability of remedies under	48113
sections 5111.11 and 5111.12 of the Revised Code for recovering	48114
benefits paid on behalf of recipients of medical assistance.	48115

The penalties under this chapter apply to any overpayment,	48116
billing, or falsification occurring on and after April 24, 1978.	48117
All moneys collected by the state pursuant to this section shall	48118
be deposited in the state treasury to the credit of the general	48119
revenue fund.	48120

Sec. 5111.06. (A)(1) As used in this section:

48121

(a) "Provider" means any person, institution, or entity that	48122
furnishes medicaid services under a provider agreement with the	48123
department of job and family services pursuant to Title XIX of the	48124
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	48125
amended.	48126

(b) "Party" has the same meaning as in division (G) of	48127
section 119.01 of the Revised Code.	48128

(c) "Adjudication" has the same meaning as in division (D) of	48129
section 119.01 of the Revised Code.	48130

(2) This section does not apply to any action taken by the	48131
department of job and family services under sections 5111.35 to	48132
5111.62 of the Revised Code.	48133

(B) Except as provided in division (D) of this section, the	48134
department shall do either of the following by issuing an order	48135
pursuant to an adjudication conducted in accordance with Chapter	48136
119. of the Revised Code:	48137

(1) Enter into or refuse to enter into a provider agreement	48138
with a provider, or suspend, terminate, renew, or refuse to renew	48139
an existing provider agreement with a provider;	48140

(2) Take any action based upon a final fiscal audit of a	48141
provider.	48142

(C) Any party who is adversely affected by the issuance of an	48143
adjudication order under division (B) of this section may appeal	48144
to the court of common pleas of Franklin county in accordance with	48145
section 119.12 of the Revised Code.	48146

(D) The department is not required to comply with division	48147
(B)(1) of this section whenever any of the following occur:	48148

(1) The terms of a provider agreement require the provider to	48149
have a license, permit, or certificate issued by an official,	48150
board, commission, department, division, bureau, or other agency	48151
of state government other than the department of job and family	48152
services, and the license, permit, or certificate has been denied	48153
or revoked.	48154

(2) The provider agreement is denied, terminated, or not	48155
renewed pursuant to division (C) or (E) of section 5111.03 of the	48156
Revised Code;	48157

(3) The provider agreement is denied, terminated, or not	48158
renewed due to the provider's termination, suspension, or	48159
exclusion from the medicare program established under Title XVIII	48160
of the "Social Security Act," and the termination, suspension, or	48161
exclusion is binding on the provider's participation in the	48162
medicaid program;	48163

(4) The provider agreement is denied, terminated, or not	48164
renewed due to the provider's pleading guilty to or being	48165
convicted of a criminal activity materially related to either the	48166
medicare or medicaid program;	48167

(5) The provider agreement is denied, terminated, or	48168
suspended as a result of action by the United States department of	48169
health and human services and that action is binding on the	48170
provider's participation in the medicaid program.	48171

(E) The department may withhold payments for services	48172
rendered by a medicaid provider under the medical assistance	48173
program during the pendency of proceedings initiated under	48174
division (B)(1) of this section. If the proceedings are initiated	48175
under division (B)(2) of this section, the department may withhold	48176
payments only to the extent that they equal amounts determined in	48177
a final fiscal audit as being due the state. This division does	48178
not apply if the department fails to comply with section 119.07 of	48179
the Revised Code, requests a continuance of the hearing, or does	48180
not issue a decision within thirty days after the hearing is	48181
completed. This division does not apply to nursing facilities and	48182
intermediate care facilities for the mentally retarded ~~subject to~~	48183
~~sections~~as defined in section 5111.20 ~~to 5111.32~~ of the Revised	48184
Code.	48185

~~Sec. 5111.08.~~ Sec. 5111.071. Commencing in December, 1986, and	48186
every second December thereafter, the director of job and family	48187
services shall establish a dispensing fee, effective the following	48188
January, for licensed pharmacists who are providers under this	48189
chapter. The dispensing fee shall take into consideration the	48190
results of the survey conducted under section 5111.07 of the	48191
Revised Code.	48192

~~Sec. 5111.16.~~ Sec. 5111.08. In accordance with subsection (g) of	48193
section 1927 of the "Social Security Act," 49 Stat. 320 (1935), 42	48194
U.S.C.A. 1396r-8(g), as amended, the department of job and family	48195
services shall establish an outpatient drug use review program to	48196
assure that prescriptions obtained by recipients of medical	48197
assistance under this chapter are appropriate, medically	48198
necessary, and unlikely to cause adverse medical results.	48199

Sec. 5111.082. The director of job and family services, in	48200
rules adopted under section 5111.02 of the Revised Code, may	48201
establish and implement a supplemental drug rebate program under	48202
which drug manufacturers may be required to provide the department	48203
of job and family services a supplemental rebate as a condition of	48204
having the drug manufacturers' drug products covered by the	48205
medicaid program without prior approval. If necessary, the	48206
director may apply to the United States secretary of health and	48207
human services for a waiver of federal statutes and regulations to	48208
establish the supplemental drug rebate program.	48209

If the director establishes a supplemental drug rebate	48210
program, the director shall consult with drug manufacturers	48211
regarding the establishment and implementation of the program.	48212

If the director establishes a supplemental drug rebate	48213
program, the director shall exempt from the program and from prior	48214
authorization or any other restriction all of a drug	48215
manufacturer's drug products that have been approved by the United	48216
States food and drug administration and for which there is no	48217
generic equivalent for the treatment of either of the following:	48218

(A) Mental illness, as defined in section 5122.01 of the	48219
Revised Code, including schizophrenia, major depressive disorder,	48220
and bipolar disorder;	48221

(B) HIV or AIDS, both as defined in section 3701.24 of the	48222
Revised Code.	48223

Sec. 5111.111. As used in this section, "home and	48224
community-based services" means services provided pursuant to a	48225
waiver under section 1915 of the "Social Security Act," 49 Stat.	48226
620 (1935), 42 U.S.C.A. 1396n, as amended.	48227

The department of job and family services may place a lien	48228
against the property of a medical assistance recipient or	48229
recipient's spouse, other than a recipient or spouse of a	48230
recipient of home and community-based services, that the	48231
department may recover as part of the program instituted under	48232
section 5111.11 of the Revised Code. When medical assistance is	48233
paid on behalf of any person in circumstances under which federal	48234
law and regulations and this section permit the imposition of a	48235
lien, the director of job and family services or a person	48236
designated by the director may sign a certificate to the effect.	48237
The county department of job and family services shall file for	48238
recording and indexing the certificate, or a certified copy, in	48239
the real estate mortgage records in the office of the county	48240
recorder in every county in which real property of the recipient	48241
or spouse is situated. From the time of filing the certificate in	48242
the office of the county recorder, the lien attaches to all real	48243
property of the recipient or spouse described therein for all	48244
amounts of aid which are paid or which thereafter are paid, and	48245
shall remain a lien until satisfied.	48246

Upon filing the certificate in the office of the recorder,	48247
all persons are charged with notice of the lien and the rights of	48248
the department of job and family services thereunder.	48249

The county recorder shall keep a record of every certificate	48250
filed showing its date, the time of filing, the name and residence	48251
of the recipient or spouse, and any release, waivers, or	48252
satisfaction of the lien.	48253

The priority of the lien shall be established in accordance	48254
with state and federal law.	48255

The department may waive the priority of its lien to provide	48256
for the costs of the last illness as determined by the department,	48257
administration, attorney fees, administrator fees, a sum for the	48258
payment of the costs of burial, which shall be computed by	48259
deducting from five hundred dollars whatever amount is available	48260
for the same purpose from all other sources, and a similar sum for	48261
the spouse of the decedent.	48262

Sec. 5111.151. (A) This section applies to eligibility	48263
determinations for all cases involving medical assistance provided	48264
pursuant to this chapter, qualified medicare beneficiaries,	48265
specified low-income medicare beneficiaries, qualifying	48266
individuals-1, qualifying individuals-2, and medical assistance	48267
for covered families and children.	48268

(B) As used in this section:

48269

(1) "Trust" means any arrangement in which a grantor	48270
transfers real or personal property to a trust with the intention	48271
that it be held, managed, or administered by at least one trustee	48272
for the benefit of the grantor or beneficiaries. "Trust" includes	48273
any legal instrument or device similar to a trust.	48274

(2) "Legal instrument or device similar to a trust" includes,	48275
but is not limited to, escrow accounts, investment accounts,	48276
partnerships, contracts, and other similar arrangements that are	48277
not called trusts under state law but are similar to a trust and	48278
to which all of the following apply:	48279

(a) The property in the trust is held, managed, retained, or	48280
administered by a trustee.	48281

(b) The trustee has an equitable, legal, or fiduciary duty to	48282
hold, manage, retain, or administer the property for the benefit	48283
of the beneficiary.	48284

(c) The trustee holds identifiable property for the	48285
beneficiary.	48286

(3) "Grantor" is a person who creates a trust, including all	48287
of the following:	48288

(a) An individual;

48289

(b) An individual's spouse;

48290

(c) A person, including a court or administrative body, with	48291
legal authority to act in place of or on behalf of an individual	48292
or an individual's spouse;	48293

(d) A person, including a court or administrative body, that	48294
acts at the direction or on request of an individual or the	48295
individual's spouse.	48296

(4) "Beneficiary" is a person or persons, including a	48297
grantor, who benefits in some way from a trust.	48298

(5) "Trustee" is a person who manages a trust's principal and	48299
income for the benefit of the beneficiaries.	48300

(6) "Person" has the same meaning as in section 1.59 of the	48301
Revised Code and includes an individual, corporation, business	48302
trust, estate, trust, partnership, and association.	48303

(7) "Applicant" is an individual who applies for medical	48304
assistance benefits or the individual's spouse.	48305

(8) "Recipient" is an individual who receives medical	48306
assistance benefits or the individual's spouse.	48307

(9) "Revocable trust" is a trust that can be revoked by the	48308
grantor or the beneficiary, including all of the following, even	48309
if the terms of the trust state that it is irrevocable:	48310

(a) A trust that provides that the trust can be terminated	48311
only by a court;	48312

(b) A trust that terminates on the happening of an event, but	48313
only if the event occurs at the direction or control of the	48314
grantor, beneficiary, or trustee.	48315

(10) "Irrevocable trust" is a trust that cannot be revoked by	48316
the grantor or terminated by a court and that terminates only on	48317
the occurrence of an event outside of the control or direction of	48318
the beneficiary or grantor.	48319

(11) "Payment" is any disbursal from the principal or income	48320
of the trust, including actual cash, noncash or property	48321
disbursements, or the right to use and occupy real property.	48322

(12) "Payments to or for the benefit of the applicant or	48323
recipient" is a payment to any person resulting in a direct or	48324
indirect benefit to the applicant or recipient.	48325

(13) "Testamentary trust" is a trust that is established by a	48326
will and does not take effect until after the death of the person	48327
who created the trust.	48328

(C) If an applicant or recipient is a beneficiary of a trust,	48329
the county department of job and family services shall determine	48330
what type of trust it is and shall treat the trust in accordance	48331
with the appropriate provisions of this section and rules adopted	48332
by the department of job and family services governing trusts. The	48333
county department of job and family services may determine that	48334
the trust or portion of the trust is one of the following:	48335

(1) A countable resource;

48336

(2) Countable income;

48337

(3) A countable resource and countable income;

48338

(4) Not a countable resource or countable income.

48339

(D)(1) A trust or legal instrument or device similar to a	48340
trust shall be considered a self-settled trust if all of the	48341
following apply:	48342

(a) The trust was established on or after August 11, 1993.

48343

(b) The trust was not established by a will.

48344

(c) The trust was established by an applicant or recipient,	48345
spouse of an applicant or recipient, or a person, including a	48346
court or administrative body, with legal authority to act in place	48347
of or on behalf of an applicant, recipient, or spouse, or acting	48348
at the direction or on request of an applicant, recipient, or	48349
spouse.	48350

(2) A trust that meets the requirements of division (D)(1) of	48351
this section and is a revocable trust shall be treated by the	48352
county department of job and family services as follows:	48353

(a) The corpus of the trust shall be considered a resource	48354
available to the applicant or recipient.	48355

(b) Payments from the trust to or for the benefit of the	48356
applicant or recipient shall be considered unearned income of the	48357
applicant or recipient.	48358

(c) Any other payments from the trust shall be considered an	48359
improper transfer of resources and shall be subject to rules	48360
adopted by the department of job and family services governing	48361
improper transfers of resources.	48362

(3) A trust that meets the requirements of division (D)(1) of	48363
this section and is an irrevocable trust shall be treated by the	48364
county department of job and family services as follows:	48365

(a) If there are any circumstances under which payment from	48366
the trust could be made to or for the benefit of the applicant or	48367
recipient, including a payment that can be made only in the	48368
future, the portion from which payments could be made shall be	48369
considered a resource available to the applicant or recipient. The	48370
county department of job and family services shall not take into	48371
account when payments can be made.	48372

(b) Any payment that is actually made to or for the benefit	48373
of the applicant or recipient from either the corpus or income	48374
shall be considered unearned income.	48375

(c) If a payment is made to someone other than to the	48376
applicant or recipient and the payment is not for the benefit of	48377
the applicant or recipient, the payment shall be considered an	48378
improper transfer of resources and shall be subject to rules	48379
adopted by the department of job and family services governing	48380
improper transfers of resources.	48381

(d) The date of the transfer shall be the later of the date	48382
of establishment of the trust or the date of the occurrence of the	48383
event.	48384

(e) When determining the value of the transferred resource	48385
under this provision, the value of the trust shall be its value on	48386
the date payment to the applicant or recipient was foreclosed.	48387

(f) Any income earned or other resources added subsequent to	48388
the foreclosure date shall be added to the total value of the	48389
trust.	48390

(g) Any payments to or for the benefit of the applicant or	48391
recipient after the foreclosure date but prior to the application	48392
date shall be subtracted from the total value. Any other payments	48393
shall not be subtracted from the value.	48394

(h) Any addition of resources after the foreclosure date	48395
shall be considered a separate transfer.	48396

(4) If a trust is funded with assets of another person or	48397
persons in addition to assets of the applicant or recipient, the	48398
applicable provisions of this section and rules adopted by the	48399
department of job and family services governing trusts shall apply	48400
only to the portion of the trust attributable to the applicant or	48401
recipient.	48402

(5) The availability of a self-settled trust shall be	48403
considered without regard to any of the following:	48404

(a) The purpose for which the trust is established;

48405

(b) Whether the trustees have exercised or may exercise	48406
discretion under the trust;	48407

(c) Any restrictions on when or whether distributions may be	48408
made from the trust;	48409

(d) Any restrictions on the use of distributions from the	48410
trust.	48411

(6) The baseline date for the look-back period for transfers	48412
of assets involving a self-settled trust shall be the date on	48413
which the applicant or recipient is both institutionalized and	48414
first applies for medical assistance. The following conditions	48415
also apply to look-back periods for transfers of assets involving	48416
self-settled trusts:	48417

(a) If a self-settled trust is a revocable trust and a	48418
portion of the trust is distributed to someone other than the	48419
applicant or recipient for the benefit of someone other than the	48420
applicant or recipient, the distribution shall be considered an	48421
improper transfer of resources. The look-back period shall be	48422
sixty months from the baseline date. The transfer shall be	48423
considered to have taken place on the date on which the payment to	48424
someone other than the applicant or recipient was made.	48425

(b) If a self-settled trust is an irrevocable trust and a	48426
portion of the trust is not distributable to the applicant or	48427
recipient, the trust shall be treated as an improper transfer of	48428
resources. The look-back period shall be sixty months from the	48429
baseline date. The transfer is considered to have been made as of	48430
the later of the date the trust was established or the date on	48431
which payment to the applicant or recipient was foreclosed. The	48432
value of these assets shall not be reduced by any payments from	48433
the trust that may be made from these unavailable assets at a	48434
later date.	48435

(c) If a self-settled trust is an irrevocable trust and a	48436
portion or all of the trust may be disbursed to or for the benefit	48437
of the applicant or recipient, any payment that is made to another	48438
person other than the applicant or recipient shall be considered	48439
an improper transfer of resources. The look-back period is	48440
thirty-six months from the baseline date. The transfer shall be	48441
considered to have been made as of the date of payment to the	48442
other person.	48443

(E) The principal or income from any of the following shall	48444
be exempt from being counted as a resource by a county department	48445
of job and family services:	48446

(1)(a) A special needs trust that meets all of the following	48447
requirements:	48448

(i) The trust contains assets of an applicant or recipient	48449
under sixty-five years of age and may contain the assets of other	48450
individuals.	48451

(ii) The applicant or recipient is disabled as defined in	48452
rules adopted by the department of job and family services.	48453

(iii) The trust is established for the benefit of the	48454
applicant or recipient by a parent, grandparent, legal guardian,	48455
or a court.	48456

(iv) The trust requires that on the death of the applicant or	48457
recipient the state will receive all amounts remaining in the	48458
trust up to an amount equal to the total amount of medical	48459
assistance paid on behalf of the applicant or recipient.	48460

(b) If a special needs trust meets the requirements of	48461
division (E)(1)(a) of this section and has been established for a	48462
disabled applicant or recipient under sixty-five years of age, the	48463
exemption for the trust granted pursuant to division (E) of this	48464
section shall continue after the disabled applicant or recipient	48465
becomes sixty-five years of age if the applicant or recipient	48466
continues to be disabled as defined in rules adopted by the	48467
department of job and family services. Except for income earned by	48468
the trust, the grantor shall not add to or otherwise augment the	48469
trust after the applicant or recipient attains sixty-five years of	48470
age. An addition or augmentation of the trust by the applicant or	48471
recipient with the applicant's own assets after the applicant or	48472
recipient attains sixty-five years of age shall be treated as an	48473
improper transfer of resources.	48474

(c) Cash distributions to the applicant or recipient shall be	48475
counted as unearned income. All other distributions from the trust	48476
shall be treated as provided in rules adopted by the department of	48477
job and family services governing in-kind income.	48478

(d) Transfers of assets to a special needs trust shall not be	48479
treated as an improper transfer of resources. Assets held prior to	48480
the transfer to the trust shall be considered as countable assets	48481
or countable income or countable assets and income.	48482

(2)(a) A qualifying income trust that meets all of the	48483
following requirements:	48484

(i) The trust is composed only of pension, social security,	48485
and other income to the applicant or recipient, including	48486
accumulated interest in the trust.	48487

(ii) The income is received by the individual and the right	48488
to receive the income is not assigned or transferred to the trust.	48489

(iii) The trust requires that on the death of the applicant	48490
or recipient the state will receive all amounts remaining in the	48491
trust up to an amount equal to the total amount of medical	48492
assistance paid on behalf of the applicant or recipient.	48493

(b) No resources shall be used to establish or augment the	48494
trust.	48495

(c) If an applicant or recipient has irrevocably transferred	48496
or assigned the applicant's or recipient's right to receive income	48497
to the trust, the trust shall not be considered a qualifying	48498
income trust by the county department of job and family services.	48499

(d) Income placed in a qualifying income trust shall not be	48500
counted in determining an applicant's or recipient's eligibility	48501
for medical assistance. The recipient of the funds may place any	48502
income directly into a qualifying income trust without those funds	48503
adversely affecting the applicant's or recipient's eligibility for	48504
medical assistance. Income generated by the trust that remains in	48505
the trust shall not be considered as income to the applicant or	48506
recipient.	48507

(e) All income placed in a qualifying income trust shall be	48508
combined with any countable income not placed in the trust to	48509
arrive at a base income figure to be used for spend down	48510
calculations.	48511

(f) The base income figure shall be used for post-eligibility	48512
deductions, including personal needs allowance, monthly income	48513
allowance, family allowance, and medical expenses not subject to	48514
third party payment. Any income remaining shall be used toward	48515
payment of patient liability. Payments made from a qualifying	48516
income trust shall not be combined with the base income figure for	48517
post-eligibility calculations.	48518

(g) The base income figure shall be used when determining the	48519
spend down budget for the applicant or recipient. Any income	48520
remaining after allowable deductions are permitted as provided	48521
under rules adopted by the department of job and family services	48522
shall be considered the applicant's or recipient's spend down	48523
liability.	48524

(3)(a) A pooled trust that meets all of the following	48525
requirements:	48526

(i) The trust contains the assets of the applicant or	48527
recipient of any age who is disabled as defined in rules adopted	48528
by the department of job and family services.	48529

(ii) The trust is established and managed by a nonprofit	48530
association.	48531

(iii) A separate account is maintained for each beneficiary	48532
of the trust but, for purposes of investment and management of	48533
funds, the trust pools the funds in these accounts.	48534

(iv) Accounts in the trust are established by the applicant	48535
or recipient, the applicant's or recipient's parent, grandparent,	48536
or legal guardian, or a court solely for the benefit of	48537
individuals who are disabled.	48538

(v) The trust requires that, to the extent that any amounts	48539
remaining in the beneficiary's account on the death of the	48540
beneficiary are not retained by the trust, the trust pay to the	48541
state the amounts remaining in the trust up to an amount equal to	48542
the total amount of medical assistance paid on behalf of the	48543
beneficiary.	48544

(b) Cash distributions to the applicant or recipient shall be	48545
counted as unearned income. All other distributions from the trust	48546
shall be treated as provided in rules adopted by the department of	48547
job and family services governing in-kind income.	48548

(c) Transfers of assets to a pooled trust shall not be	48549
treated as an improper transfer of resources. Assets held prior to	48550
the transfer to the trust shall be considered as countable assets,	48551
countable income, or countable assets and income.	48552

(4) A supplemental services trust that meets the requirements	48553
of section 1339.51 of the Revised Code and to which all of the	48554
following apply:	48555

(a) A person may establish a supplemental services trust	48556
pursuant to section 1339.51 of the Revised Code only for another	48557
person who is eligible to receive services through one of the	48558
following agencies:	48559

(i) The department of mental retardation and developmental	48560
disabilities;	48561

(ii) A county board of mental retardation and developmental	48562
disabilities;	48563

(iii) The department of mental health;

48564

(iv) A board of alcohol, drug addiction, and mental health	48565
services.	48566

(b) A county department of job and family services shall not	48567
determine eligibility for another agency's program. An applicant	48568
or recipient shall do one of the following:	48569

(i) Provide documentation from one of the agencies listed in	48570
division (E)(4)(a) of this section that establishes that the	48571
applicant or recipient was determined to be eligible for services	48572
from the agency at the time of the creation of the trust;	48573

(ii) Provide an order from a court of competent jurisdiction	48574
that states that the applicant or recipient was eligible for	48575
services from one of the agencies listed in division (E)(4)(a) of	48576
this section at the time of the creation of the trust.	48577

(c) At the time the trust is created, the trust principal	48578
does not exceed the maximum amount permitted. The maximum amount	48579
permitted in calendar year 2002 is two hundred fourteen thousand	48580
dollars. Each year thereafter, the maximum amount permitted is the	48581
prior year's amount plus two thousand dollars.	48582

(d) A county department of job and family services shall	48583
review the trust to determine whether it complies with the	48584
provisions of section 1339.51 of the Revised Code.	48585

(e) Payments from supplemental services trusts shall be	48586
exempt as long as the payments are for supplemental services as	48587
defined in rules adopted by the department of job and family	48588
services. All supplemental services shall be purchased by the	48589
trustee and shall not be purchased through direct cash payments to	48590
the beneficiary.	48591

(f) If a trust is represented as a supplemental services	48592
trust and a county department of job and family services	48593
determines that the trust does not meet the requirements provided	48594
in division (E)(4) of this section and section 1339.51 of the	48595
Revised Code, the county department of job and family services	48596
shall not consider it an exempt trust.	48597

(F)(1) A trust or legal instrument or device similar to a	48598
trust shall be considered a trust established by an individual for	48599
the benefit of the applicant or recipient if all of the following	48600
apply:	48601

(a) The trust is created by a person other than the applicant	48602
or recipient.	48603

(b) The trust names the applicant or recipient as a	48604
beneficiary.	48605

(c) The trust is funded with assets or property in which the	48606
applicant or recipient has never held an ownership interest prior	48607
to the establishment of the trust.	48608

(2) Any portion of a trust that meets the requirements of	48609
division (F)(1) of this section shall be an available resource	48610
only if the trust permits the trustee to expend principal, corpus,	48611
or assets of the trust for the applicant's or recipient's medical	48612
care, care, comfort, maintenance, health, welfare, general well	48613
being, or any combination of these purposes.	48614

(3) A trust that meets the requirements of division (F)(1) of	48615
this section shall be considered an available resource even if the	48616
trust contains any of the following types of provisions:	48617

(a) A provision that prohibits the trustee from making	48618
payments that would supplant or replace medical assistance or	48619
other public assistance;	48620

(b) A provision that prohibits the trustee from making	48621
payments that would impact or have an effect on the applicant's or	48622
recipient's right, ability, or opportunity to receive medical	48623
assistance or other public assistance;	48624

(c) A provision that attempts to prevent the trust or its	48625
corpus or principal from being counted as an available resource.	48626

(4) A trust that meets the requirements of division (F)(1) of	48627
this section shall not be counted as an available resource if at	48628
least one of the following circumstances applies:	48629

(a) If a trust contains a clear statement requiring the	48630
trustee to preserve a portion of the trust for another beneficiary	48631
or remainderman, that portion of the trust shall not be counted as	48632
an available resource. Terms of a trust that grant discretion to	48633
preserve a portion of the trust shall not qualify as a clear	48634
statement requiring the trustee to preserve a portion of the	48635
trust.	48636

(b) If a trust contains a clear statement requiring the	48637
trustee to use a portion of the trust for a purpose other than	48638
medical care, care, comfort, maintenance, welfare, or general well	48639
being of the applicant or recipient, that portion of the trust	48640
shall not be counted as an available resource. Terms of a trust	48641
that grant discretion to limit the use of a portion of the trust	48642
shall not qualify as a clear statement requiring the trustee to	48643
use a portion of the trust for a particular purpose.	48644

(c) If a trust contains a clear statement limiting the	48645
trustee to making fixed periodic payments, the trust shall not be	48646
counted as an available resource and payments shall be treated in	48647
accordance with rules adopted by the department of job and family	48648
services governing income. Terms of a trust that grant discretion	48649
to limit payments shall not qualify as a clear statement requiring	48650
the trustee to make fixed periodic payments.	48651

(d) If a trust contains a clear statement that requires the	48652
trustee to terminate the trust if it is counted as an available	48653
resource, the trust shall not be counted as an available resource.	48654
Terms of a trust that grant discretion to terminate the trust do	48655
not qualify as a clear statement requiring the trustee to	48656
terminate the trust.	48657

(e) If a person obtains a judgment from a court of competent	48658
jurisdiction that expressly prevents the trustee from using part	48659
or all of the trust for the medical care, care, comfort,	48660
maintenance, welfare, or general well being of the applicant or	48661
recipient, the trust or that portion of the trust subject to the	48662
court order shall not be counted as a resource.	48663

(f) If a trust is specifically exempt from being counted as	48664
an available resource by a provision of the Revised Code, rules,	48665
or federal law, the trust shall not be counted as a resource.	48666

(g) If an applicant or recipient presents a final judgment	48667
from a court demonstrating that the applicant or recipient was	48668
unsuccessful in a civil action against the trustee to compel	48669
payments from the trust, the trust shall not be counted as an	48670
available resource.	48671

(h) If an applicant or recipient presents a final judgment	48672
from a court demonstrating that in a civil action against the	48673
trustee the applicant or recipient was only able to compel limited	48674
or periodic payments, the trust shall not be counted as an	48675
available resource and payments shall be treated in accordance	48676
with rules adopted by the department of job and family services	48677
governing income.	48678

(i) If an applicant or recipient provides written	48679
documentation showing that the cost of a civil action brought to	48680
compel payments from the trust would be cost prohibitive, the	48681
trust shall not be counted as an available resource.	48682

(5) Any actual payments to the applicant or recipient from a	48683
trust that meet the requirements of division (F)(1) of this	48684
section, including trusts that are not counted as an available	48685
resource, shall be treated as provided in rules adopted by the	48686
department of job and family services governing income. Payments	48687
to any person other than the applicant or recipient shall not be	48688
considered income to the applicant or recipient. Payments from the	48689
trust to a person other than the applicant or recipient shall not	48690
be considered an improper transfer of assets.	48691

Sec. 5111.16. (A) As part of the medicaid program, the	48692
department of job and family services shall establish a care	48693
management system. The department shall submit, if necessary,	48694
applications to the United States department of health and human	48695
services for waivers of federal medicaid requirements that would	48696
otherwise be violated in the implementation of the system.	48697

The department shall implement the care management system in	48698
some or all counties and shall designate the medicaid recipients	48699
who are required or permitted to participate in the system. In the	48700
case of individuals who receive medicaid on the basis of being	48701
aged, blind, or disabled, as specified in division (A)(2) of	48702
section 5111.01 of the Revised Code, all of the following apply:	48703

(1) Not later than July 1, 2004, the department shall	48704
designate a portion of the individuals for participation in the	48705
care management system.	48706

(2) Individuals shall not be designated for participation	48707
unless they reside in a county in which individuals who receive	48708
medicaid on another basis have been designated for participation.	48709

(3) If, pursuant to division (B)(2) of this section, the	48710
department requires or permits the individuals to obtain health	48711
care services through managed care organizations, the department	48712
shall select the managed care organizations to be used by the	48713
individuals through a request for proposals process. The	48714
department shall issue its initial request for proposals not later	48715
than December 31, 2003.	48716

(B) Under the care management system, the department may do	48717
both of the following:	48718

(1) Require or permit participants in the system to obtain	48719
health care services from providers designated by the department;	48720

(2) Require or permit participants in the system to obtain	48721
health care services through managed care organizations under	48722
contract with the department pursuant to section 5111.17 of the	48723
Revised Code.	48724

(C) The director of job and family services may adopt rules	48725
in accordance with Chapter 119. of the Revised Code to implement	48726
this section.	48727

Sec. 5111.17. (A) ~~On receipt of a waiver from the United~~	48728
~~States department of health and human services of any federal~~	48729
~~requirement that would otherwise be violated, the~~The department	48730
of job and family services may ~~establish in some or all counties a~~	48731
~~managed care system under which designated recipients of medical~~	48732
~~assistance are required to obtain health care services from~~	48733
~~providers designated by the department.~~	48734

~~(B) The department may~~ enter into contracts with managed care	48735
organizations ~~to authorize~~, including health insuring	48736
corporations, under which the organizations are authorized to	48737
provide, or arrange for the provision of, health care services to	48738
medical assistance recipients ~~participating in a~~who are required	48739
or permitted to obtain health care services through managed care	48740
organizations as part of the care management system established	48741
under ~~this~~ section 5111.16 of the Revised Code.	48742

~~(C) For the purpose of determining the amount the department~~	48743
~~pays hospitals under section 5112.08 of the Revised Code and the~~	48744
~~amount of disproportionate share hospital payments paid by the~~	48745
~~medicare program established under Title XVIII of the "Social~~	48746
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	48747
~~each managed care organization under contract with the department~~	48748
~~to provide hospital services to participating medical assistance~~	48749
~~recipients shall keep detailed records for each hospital with~~	48750
~~which it contracts about the cost to the hospital of providing the~~	48751
~~care, payments made by the organization to the hospital for the~~	48752
~~care, utilization of hospital services by medical assistance~~	48753
~~recipients participating in managed care, and other utilization~~	48754
~~data required by the department.~~	48755

~~(D)~~(B) The director of job and family services may adopt	48756
rules in accordance with Chapter 119. of the Revised Code to	48757
implement this section.	48758

Sec. 5111.171. (A) The department of job and family services	48759
may provide financial incentive awards to managed care	48760
organizations ~~that~~under contract with the department ~~under~~	48761
pursuant to section 5111.17 of the Revised Code ~~to provide health~~	48762
~~care services to participating medical assistance recipients and~~	48763
that meet or exceed performance standards specified in provider	48764
agreements or rules adopted by the department. The department may	48765
specify in a contract with a managed care organization the amounts	48766
of financial incentive awards, methodology for distributing	48767
awards, types of awards, and standards for administration by the	48768
department.	48769

(B) There is hereby created in the state treasury the health	48770
care compliance fund. The fund shall consist of all fines imposed	48771
on and collected from managed care organizations for failure to	48772
~~nmeet~~meet performance standards or other requirements specified	48773
in provider agreements or rules adopted by the department. All	48774
investment earnings of the fund shall be credited to the fund.	48775
Moneys credited to the fund shall be used solely for the following	48776
purposes:	48777

(1) To reimburse managed care organizations that have paid	48778
fines for failures to meet performance standards or other	48779
requirements and that have come into compliance by meeting	48780
requirements as specified by the department;	48781

(2) To provide financial incentive awards established	48782
pursuant to division (A) of this section and specified in	48783
contracts between managed care organizations and the department.	48784

Sec. 5111.172. When contracting under section 5111.17 of the	48785
Revised Code with a managed care organization that is a health	48786
insuring corporation, the department of job and family services	48787
may require the health insuring corporation to provide coverage of	48788
prescription drugs for medicaid recipients enrolled in the health	48789
insuring corporation. In providing the required coverage, the	48790
health insuring corporation may, subject to the department's	48791
approval, use strategies for the management of drug utilization.	48792

Sec. 5111.173. The department of job and family services	48793
shall appoint a temporary manager for a managed care organization	48794
under contract with the department pursuant to section 5111.17 of	48795
the Revised Code if the department determines that the managed	48796
care organization has repeatedly failed to meet substantive	48797
requirements specified in section 1903(m) of the "Social Security	48798
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396b(m), as amended; section	48799
1932 of the Social Security Act, 42 U.S.C. 1396u-2, as amended; or	48800
42 C.F.R. 438 Part I. The appointment of a temporary manager does	48801
not preclude the department from imposing other sanctions	48802
available to the department against the managed care organization.	48803

The managed care organization shall pay all costs of having	48804
the temporary manager perform the temporary manager's duties,	48805
including all costs the temporary manager incurs in performing	48806
those duties. If the temporary manager incurs costs or liabilities	48807
on behalf of the managed care organization, the managed care	48808
organization shall pay those costs and be responsible for those	48809
liabilities.	48810

The appointment of a temporary manager is not subject to	48811
Chapter 119. of the Revised Code, but the managed care	48812
organization may request a reconsideration of the appointment.	48813
Reconsiderations shall be requested and conducted in accordance	48814
with rules the director of job and family services shall adopt in	48815
accordance with Chapter 119. of the Revised Code.	48816

The appointment of a temporary manager does not cause the	48817
managed care organization to lose the right to appeal, in	48818
accordance with Chapter 119. of the Revised Code, any proposed	48819
termination or any decision not to renew the managed care	48820
organization's medicaid provider agreement or the right to	48821
initiate the sale of the managed care organization or its assets.	48822

In addition to the rules required to be adopted under this	48823
section, the director may adopt any other rules necessary to	48824
implement this section. The rules shall be adopted in accordance	48825
with Chapter 119. of the Revised Code.	48826

Sec. 5111.174. The department of job and family services may	48827
disenroll some or all medicaid recipients enrolled in a managed	48828
care organization under contract with the department pursuant to	48829
section 5111.17 of the Revised Code if the department proposes to	48830
terminate or not to renew the contract and determines that the	48831
recipients' access to medically necessary services is jeopardized	48832
by the proposal to terminate or not to renew the contract. The	48833
disenrollment is not subject to Chapter 119. of the Revised Code,	48834
but the managed care organization may request a reconsideration of	48835
the disenrollment. Reconsiderations shall be requested and	48836
conducted in accordance with rules the director of job and family	48837
services shall adopt in accordance with Chapter 119. of the	48838
Revised Code. The request for, or conduct of, a reconsideration	48839
regarding a proposed disenrollment shall not delay the	48840
disenrollment.	48841

In addition to the rules required to be adopted under this	48842
section, the director may adopt any other rules necessary to	48843
implement this section. The rules shall be adopted in accordance	48844
with Chapter 119. of the Revised Code.	48845

Sec. 5111.175. For the purpose of determining the amount the	48846
department of job and family services pays hospitals under section	48847
5112.08 of the Revised Code and the amount of disproportionate	48848
share hospital payments paid by the medicare program established	48849
under Title XVIII of the "Social Security Act," 79 Stat. 286	48850
(1965), 42 U.S.C. 1396n, as amended, a managed care organization	48851
under contract with the department pursuant to section 5111.17 of	48852
the Revised Code authorizing the organization to provide, or	48853
arrange for the provision of, hospital services to medicaid	48854
recipients shall keep detailed records for each hospital with	48855
which it contracts about the cost to the hospital of providing the	48856
services, payments made by the organization to the hospital for	48857
the services, utilization of hospital services by medicaid	48858
recipients enrolled in the organization, and other utilization	48859
data required by the department.	48860

Sec. 5111.20. As used in sections 5111.20 to ~~5111.32~~5111.34	48861
of the Revised Code:	48862

(A) "Allowable costs" are those costs determined by the	48863
department of job and family services to be reasonable and do not	48864
include fines paid under sections 5111.35 to 5111.61 and section	48865
5111.99 of the Revised Code.	48866

(B) "Capital costs" means costs of ownership and nonextensive	48867
renovation.	48868

(1) "Cost of ownership" means the actual expense incurred for	48869
all of the following:	48870

(a) Depreciation and interest on any capital assets that cost	48871
five hundred dollars or more per item, including the following:	48872

(i) Buildings;

48873

(ii) Building improvements that are not approved as	48874
nonextensive renovations under section 5111.25 or 5111.251 of the	48875
Revised Code;	48876

(iii) Equipment;

48877

(iv) Extensive renovations;

48878

(v) Transportation equipment.

48879

(b) Amortization and interest on land improvements and	48880
leasehold improvements;	48881

48882

(d) Except as provided in division (I) of this section, lease	48883
and rent of land, building, and equipment.	48884

The costs of capital assets of less than five hundred dollars	48885
per item may be considered costs of ownership in accordance with a	48886
provider's practice.	48887

(2) "Costs of nonextensive renovation" means the actual	48888
expense incurred for depreciation or amortization and interest on	48889
renovations that are not extensive renovations.	48890

(C) "Capital lease" and "operating lease" shall be construed	48891
in accordance with generally accepted accounting principles.	48892

(D) "Case-mix score" means the measure determined under	48893
section 5111.231 of the Revised Code of the relative direct-care	48894
resources needed to provide care and habilitation to a resident of	48895
a nursing facility or intermediate care facility for the mentally	48896
retarded.	48897

(E) "Date of licensure," for a facility originally licensed	48898
as a nursing home under Chapter 3721. of the Revised Code, means	48899
the date specific beds were originally licensed as nursing home	48900
beds under that chapter, regardless of whether they were	48901
subsequently licensed as residential facility beds under section	48902
5123.19 of the Revised Code. For a facility originally licensed as	48903
a residential facility under section 5123.19 of the Revised Code,	48904
"date of licensure" means the date specific beds were originally	48905
licensed as residential facility beds under that section.	48906

(1) If nursing home beds licensed under Chapter 3721. of the	48907
Revised Code or residential facility beds licensed under section	48908
5123.19 of the Revised Code were not required by law to be	48909
licensed when they were originally used to provide nursing home or	48910
residential facility services, "date of licensure" means the date	48911
the beds first were used to provide nursing home or residential	48912
facility services, regardless of the date the present provider	48913
obtained licensure.	48914

(2) If a facility adds nursing home beds or residential	48915
facility beds or extensively renovates all or part of the facility	48916
after its original date of licensure, it will have a different	48917
date of licensure for the additional beds or extensively renovated	48918
portion of the facility, unless the beds are added in a space that	48919
was constructed at the same time as the previously licensed beds	48920
but was not licensed under Chapter 3721. or section 5123.19 of the	48921
Revised Code at that time.	48922

(F) "Desk-reviewed" means that costs as reported on a cost	48923
report submitted under section 5111.26 of the Revised Code have	48924
been subjected to a desk review under division (A) of section	48925
5111.27 of the Revised Code and preliminarily determined to be	48926
allowable costs.	48927

(G) "Direct care costs" means all of the following:

48928

(1)(a) Costs for registered nurses, licensed practical	48929
nurses, and nurse aides employed by the facility;	48930

(b) Costs for direct care staff, administrative nursing	48931
staff, medical directors, social services staff, activities staff,	48932
psychologists and psychology assistants, social workers and	48933
counselors, habilitation staff, qualified mental retardation	48934
professionals, program directors, respiratory therapists,	48935
habilitation supervisors, and except as provided in division	48936
(G)(2) of this section, other persons holding degrees qualifying	48937
them to provide therapy;	48938

48939

(d) Costs of quality assurance;

48940

(e) Costs of training and staff development, employee	48941
benefits, payroll taxes, and workers' compensation premiums or	48942
costs for self-insurance claims and related costs as specified in	48943
rules adopted by the director of job and family services in	48944
accordance with Chapter 119. of the Revised Code, for personnel	48945
listed in divisions (G)(1)(a), (b), and (d) of this section;	48946

(f) Costs of consulting and management fees related to direct	48947
care;	48948

(g) Allocated direct care home office costs.

48949

(2) In addition to the costs specified in division (G)(1) of	48950
this section, for intermediate care facilities for the mentally	48951
retarded only, direct care costs include both of the following:	48952

(a) Costs for physical therapists and physical therapy	48953
assistants, occupational therapists and occupational therapy	48954
assistants, speech therapists, and audiologists;	48955

(b) Costs of training and staff development, employee	48956
benefits, payroll taxes, and workers' compensation premiums or	48957
costs for self-insurance claims and related costs as specified in	48958
rules adopted by the director of job and family services in	48959
accordance with Chapter 119. of the Revised Code, for personnel	48960
listed in division (G)(2)(a) of this section.	48961

(3) Costs of other direct-care resources that are specified	48962
as direct care costs in rules adopted by the director of job and	48963
family services in accordance with Chapter 119. of the Revised	48964
Code.	48965

(H) "Fiscal year" means the fiscal year of this state, as	48966
specified in section 9.34 of the Revised Code.	48967

(I) "Indirect care costs" means all reasonable costs other	48968
than direct care costs, other protected costs, or capital costs.	48969
"Indirect care costs" includes but is not limited to costs of	48970
habilitation supplies, pharmacy consultants, medical and	48971
habilitation records, program supplies, incontinence supplies,	48972
food, enterals, dietary supplies and personnel, laundry,	48973
housekeeping, security, administration, liability insurance,	48974
bookkeeping, purchasing department, human resources,	48975
communications, travel, dues, license fees, subscriptions, home	48976
office costs not otherwise allocated, legal services, accounting	48977
services, minor equipment, maintenance and repairs, help-wanted	48978
advertising, informational advertising, ~~consumer satisfaction~~	48979
~~survey fees paid under section 173.55 of the Revised Code,~~	48980
start-up costs, organizational expenses, other interest, property	48981
insurance, employee training and staff development, employee	48982
benefits, payroll taxes, and workers' compensation premiums or	48983
costs for self-insurance claims and related costs as specified in	48984
rules adopted by the director of job and family services in	48985
accordance with Chapter 119. of the Revised Code, for personnel	48986
listed in this division. Notwithstanding division (B)(1) of this	48987
section, "indirect care costs" also means the cost of equipment,	48988
including vehicles, acquired by operating lease executed before	48989
December 1, 1992, if the costs are reported as administrative and	48990
general costs on the facility's cost report for the cost reporting	48991
period ending December 31, 1992.	48992

(J) "Inpatient days" means all days during which a resident,	48993
regardless of payment source, occupies a bed in a nursing facility	48994
or intermediate care facility for the mentally retarded that is	48995
included in the facility's certified capacity under Title XIX of	48996
the "Social Security Act," 49 Stat. 610 (1935), 42 U.S.C.A. 301,	48997
as amended. Therapeutic or hospital leave days for which payment	48998
is made under section 5111.33 of the Revised Code are considered	48999
inpatient days proportionate to the percentage of the facility's	49000
per resident per day rate paid for those days.	49001

(K) "Intermediate care facility for the mentally retarded"	49002
means an intermediate care facility for the mentally retarded	49003
certified as in compliance with applicable standards for the	49004
medical assistance program by the director of health in accordance	49005
with Title XIX of the "Social Security Act."	49006

(L) "Maintenance and repair expenses" means, except as	49007
provided in division ~~(X)~~(Y)(2) of this section, expenditures that	49008
are necessary and proper to maintain an asset in a normally	49009
efficient working condition and that do not extend the useful life	49010
of the asset two years or more. "Maintenance and repair expenses"	49011
includes but is not limited to the cost of ordinary repairs such	49012
as painting and wallpapering.	49013

(M) "Nursing facility" means a facility, or a distinct part	49014
of a facility, that is certified as a nursing facility by the	49015
director of health in accordance with Title XIX of the "Social	49016
Security Act," and is not an intermediate care facility for the	49017
mentally retarded. "Nursing facility" includes a facility, or a	49018
distinct part of a facility, that is certified as a nursing	49019
facility by the director of health in accordance with Title XIX of	49020
the "Social Security Act," and is certified as a skilled nursing	49021
facility by the director in accordance with Title XVIII of the	49022
"Social Security Act."	49023

(N) "Operator" means the person or government entity	49024
responsible for the daily operating and management decisions for a	49025
nursing facility or intermediate care facility for the mentally	49026
retarded.	49027

(O) "Other protected costs" means costs for medical supplies;	49028
real estate, franchise, and property taxes; natural gas, fuel oil,	49029
water, electricity, sewage, and refuse and hazardous medical waste	49030
collection; allocated other protected home office costs; and any	49031
additional costs defined as other protected costs in rules adopted	49032
by the director of job and family services in accordance with	49033
Chapter 119. of the Revised Code.	49034

~~(O)~~(P) "Owner" means any person or government entity that has	49035
at least five per cent ownership or interest, either directly,	49036
indirectly, or in any combination, in any of the following	49037
regarding a nursing facility or intermediate care facility for the	49038
mentally retarded:	49039

(a) The land on which the facility is located;

49040

(b) The structure in which the facility is located;

49041

(c) Any mortgage, contract for deed, or other obligation	49042
secured in whole or in part by the land or structure on or in	49043
which the facility is located;	49044

(d) Any lease or sublease of the land or structure on or in	49045
which the facility is located.	49046

(2) "Owner" does not mean a holder of a debenture or bond	49047
related to the nursing facility or intermediate care facility for	49048
the mentally retarded and purchased at public issue or a regulated	49049
lender that has made a loan related to the facility unless the	49050
holder or lender operates the facility directly or through a	49051
subsidiary.	49052

~~(P)~~(Q) "Patient" includes "resident."

49053

~~(Q)~~(R) Except as provided in divisions ~~(Q)~~(R)(1) and (2) of	49054
this section, "per diem" means a nursing facility's or	49055
intermediate care facility for the mentally retarded's actual,	49056
allowable costs in a given cost center in a cost reporting period,	49057
divided by the facility's inpatient days for that cost reporting	49058
period.	49059

(1) When calculating indirect care costs for the purpose of	49060
establishing rates under section 5111.24 or 5111.241 of the	49061
Revised Code, "per diem" means a facility's actual, allowable	49062
indirect care costs in a cost reporting period divided by the	49063
greater of the facility's inpatient days for that period or the	49064
number of inpatient days the facility would have had during that	49065
period if its occupancy rate had been eighty-five per cent.	49066

(2) When calculating capital costs for the purpose of	49067
establishing rates under section 5111.25 or 5111.251 of the	49068
Revised Code, "per diem" means a facility's actual, allowable	49069
capital costs in a cost reporting period divided by the greater of	49070
the facility's inpatient days for that period or the number of	49071
inpatient days the facility would have had during that period if	49072
its occupancy rate had been ninety-five per cent.	49073

~~(R)~~(S) "Provider" means a person or government entity that	49074
operates a nursing facility or intermediate care facility for the	49075
mentally retarded under a provider agreement.	49076

~~(S)~~(T) "Provider agreement" means a contract between the	49077
department of job and family services and a nursing facility or	49078
intermediate care facility for the mentally retarded for the	49079
provision of nursing facility services or intermediate care	49080
facility services for the mentally retarded under the medical	49081
assistance program.	49082

~~(T)~~(U) "Purchased nursing services" means services that are	49083
provided in a nursing facility by registered nurses, licensed	49084
practical nurses, or nurse aides who are not employees of the	49085
facility.	49086

~~(U)~~(V) "Reasonable" means that a cost is an actual cost that	49087
is appropriate and helpful to develop and maintain the operation	49088
of patient care facilities and activities, including normal	49089
standby costs, and that does not exceed what a prudent buyer pays	49090
for a given item or services. Reasonable costs may vary from	49091
provider to provider and from time to time for the same provider.	49092

~~(V)~~(W) "Related party" means an individual or organization	49093
that, to a significant extent, has common ownership with, is	49094
associated or affiliated with, has control of, or is controlled	49095
by, the provider.	49096

(1) An individual who is a relative of an owner is a related	49097
party.	49098

(2) Common ownership exists when an individual or individuals	49099
possess significant ownership or equity in both the provider and	49100
the other organization. Significant ownership or equity exists	49101
when an individual or individuals possess five per cent ownership	49102
or equity in both the provider and a supplier. Significant	49103
ownership or equity is presumed to exist when an individual or	49104
individuals possess ten per cent ownership or equity in both the	49105
provider and another organization from which the provider	49106
purchases or leases real property.	49107

(3) Control exists when an individual or organization has the	49108
power, directly or indirectly, to significantly influence or	49109
direct the actions or policies of an organization.	49110

(4) An individual or organization that supplies goods or	49111
services to a provider shall not be considered a related party if	49112
all of the following conditions are met:	49113

(a) The supplier is a separate bona fide organization.

49114

(b) A substantial part of the supplier's business activity of	49115
the type carried on with the provider is transacted with others	49116
than the provider and there is an open, competitive market for the	49117
types of goods or services the supplier furnishes.	49118

(c) The types of goods or services are commonly obtained by	49119
other nursing facilities or intermediate care facilities for the	49120
mentally retarded from outside organizations and are not a basic	49121
element of patient care ordinarily furnished directly to patients	49122
by the facilities.	49123

(d) The charge to the provider is in line with the charge for	49124
the goods or services in the open market and no more than the	49125
charge made under comparable circumstances to others by the	49126
supplier.	49127

~~(W)~~(X) "Relative of owner" means an individual who is related	49128
to an owner of a nursing facility or intermediate care facility	49129
for the mentally retarded by one of the following relationships:	49130

(1) Spouse;

49131

(2) Natural parent, child, or sibling;

49132

(3) Adopted parent, child, or sibling;

49133

(4) Step-parent, step-child, step-brother, or step-sister;

49134

(5) Father-in-law, mother-in-law, son-in-law,	49135
daughter-in-law, brother-in-law, or sister-in-law;	49136

(6) Grandparent or grandchild;

49137

(7) Foster caregiver, foster child, foster brother, or foster	49138
sister.	49139

~~(X)~~(Y) "Renovation" and "extensive renovation" mean:

49140

(1) Any betterment, improvement, or restoration of a nursing	49141
facility or intermediate care facility for the mentally retarded	49142
started before July 1, 1993, that meets the definition of a	49143
renovation or extensive renovation established in rules adopted by	49144
the director of job and family services in effect on December 22,	49145
1992.	49146

(2) In the case of betterments, improvements, and	49147
restorations of nursing facilities and intermediate care	49148
facilities for the mentally retarded started on or after July 1,	49149
1993:	49150

(a) "Renovation" means the betterment, improvement, or	49151
restoration of a nursing facility or intermediate care facility	49152
for the mentally retarded beyond its current functional capacity	49153
through a structural change that costs at least five hundred	49154
dollars per bed. A renovation may include betterment, improvement,	49155
restoration, or replacement of assets that are affixed to the	49156
building and have a useful life of at least five years. A	49157
renovation may include costs that otherwise would be considered	49158
maintenance and repair expenses if they are an integral part of	49159
the structural change that makes up the renovation project.	49160
"Renovation" does not mean construction of additional space for	49161
beds that will be added to a facility's licensed or certified	49162
capacity.	49163

(b) "Extensive renovation" means a renovation that costs more	49164
than sixty-five per cent and no more than eighty-five per cent of	49165
the cost of constructing a new bed and that extends the useful	49166
life of the assets for at least ten years.	49167

For the purposes of division ~~(X)~~(Y)(2) of this section, the	49168
cost of constructing a new bed shall be considered to be forty	49169
thousand dollars, adjusted for the estimated rate of inflation	49170
from January 1, 1993, to the end of the calendar year during which	49171
the renovation is completed, using the consumer price index for	49172
shelter costs for all urban consumers for the north central	49173
region, as published by the United States bureau of labor	49174
statistics.	49175

The department of job and family services may treat a	49176
renovation that costs more than eighty-five per cent of the cost	49177
of constructing new beds as an extensive renovation if the	49178
department determines that the renovation is more prudent than	49179
construction of new beds.	49180

Sec. 5111.206. (A) As used in this section, "nursing	49181
facility" has the same meaning as in section 5111.20 of the	49182
Revised Code.	49183

(B) To the extent funds are available, the director of job	49184
and family services may establish the Ohio access success project	49185
to help medicaid recipients make the transition from residing in a	49186
nursing facility to residing in a community setting. The program	49187
may be established as a separate non-medicaid program or	49188
integrated into a new or existing Medicaid home and	49189
community-based services program established under a waiver	49190
approved by the federal centers for medicare and medicaid	49191
services. The department may limit the number of program	49192
participants.	49193

To be eligible for benefits under the project, a medicaid	49194
recipient must satisfy all of the following requirements:	49195

(1) Be a recipient of medicaid-funded nursing facility care,	49196
at the time of applying for the benefits;	49197

(2) Have resided continuously in a nursing facility since	49198
January 1, 2002;	49199

(3) Need the level of care provided by nursing facilities;

49200

(4) For participation in a non-medicaid program, receive	49201
services to remain in the community with a projected cost not	49202
exceeding eighty per cent of the average monthly medicaid cost of	49203
a medicaid recipient in a nursing facility;	49204

(5) For participation in a program established under a home	49205
and community-based services waiver, meet waiver enrollment	49206
criteria.	49207

(C) If the director establishes the Ohio access success	49208
project, the benefits provided under the project may include	49209
payment of all of the following:	49210

(1) The first month's rent in a community setting;

49211

(2) Rental deposits;

49212

(3) Utility deposits;

49213

(4) Moving expenses;

49214

(5) Other expenses not covered by the medicaid program that	49215
facilitate a medicaid recipient's move from a nursing facility to	49216
a community setting.	49217

(D) If the project is established as a non-medicaid program,	49218
no participant may receive more than two thousand dollars worth of	49219
benefits under the project.	49220

(E) The director may submit a request to the United States	49221
secretary of health and human services pursuant to section 1915 of	49222
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n,	49223
as amended, to create a medicaid home and community-based services	49224
waiver programs to serve individuals who meet the criteria for	49225
participation in the Ohio access success project. The director may	49226
adopt rules under Chapter 119. of the Revised Code for the	49227
administration and operation of the program.	49228

Sec. 5111.21. (A) Subject to sections 5111.01, 5111.011,	49229
5111.012, ~~and~~ 5111.02, and 5111.6810 of the Revised Code, the	49230
department of job and family services shall pay, as provided in	49231
sections 5111.20 to 5111.32 of the Revised Code, the reasonable	49232
costs of services provided to an eligible medicaid recipient by an	49233
eligible nursing facility or intermediate care facility for the	49234
mentally retarded.	49235

In order to be eligible for medical assistance payments, an	49236
operator of a nursing facility or intermediate care facility for	49237
the mentally retarded shall do all of the following:	49238

(1) Enter into a provider agreement with the department as	49239
provided in section 5111.22, 5111.671, or 5111.672 of the Revised	49240
Code;	49241

(2) Apply for and maintain a valid license to operate if so	49242
required by law;	49243

(3) Comply with all applicable state and federal laws and	49244
rules.	49245

(B) AAn operator of a nursing facility that elects to obtain	49246
and maintain eligibility for payments under the ~~medicare~~medicaid	49247
program ~~established by Title XVIII of the "Social Security Act,"~~	49248
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended may~~shall qualify	49249
all ~~or part of the facility~~of the facility's medicaid-certified	49250
beds in the medicare program established by Title XVIII of the	49251
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395. The	49252
director of job and family services may adopt rules in accordance	49253
with Chapter 119. of the Revised Code to establish the time frame	49254
in which a nursing facility must comply with this requirement.	49255

Sec. 5111.22. A provider agreement between the department of	49256
job and family services and an operator of a nursing facility or	49257
intermediate care facility for the mentally retarded shall contain	49258
the following provisions:	49259

(A) The department agrees to:

49260

~~(1) Make~~make payments to the nursing facility or	49261
intermediate care facility for the mentally retarded for patients	49262
eligible for services under the medical assistance program as	49263
provided in sections 5111.20 to 5111.32 of the Revised Code. No	49264
payment shall be made for the day a recipient is discharged from	49265
the facility.	49266

~~(2) Provide copies of rules governing the facility's~~	49267
~~participation as a provider in the medical assistance program.~~	49268
~~Whenever the director of job and family services files a proposed~~	49269
~~rule or proposed rule in revised form under division (D) of~~	49270
~~section 111.15 or division (B) of section 119.03 of the Revised~~	49271
~~Code, the department shall provide the facility with one copy of~~	49272
~~such rule. In the case of a rescission or proposed rescission of a~~	49273
~~rule, the department may provide the rule number and title instead~~	49274
~~of the rules rescinded or proposed to be rescinded.~~	49275

(B) The ~~provider~~operator agrees to:

49276

(1) Maintain eligibility as provided in section 5111.21 of	49277
the Revised Code;	49278

(2) Keep records relating to a cost reporting period for the	49279
greater of seven years after the cost report is filed or, if the	49280
department issues an audit report in accordance with division (B)	49281
of section 5111.27 of the Revised Code, six years after all appeal	49282
rights relating to the audit report are exhausted;	49283

(3) File reports as required by the department;

49284

(4) Open all records relating to the costs of its services	49285
for inspection and audit by the department;	49286

(5) Open its premises for inspection by the department, the	49287
department of health, and any other state or local authority	49288
having authority to inspect;	49289

(6) Supply to the department such information as it requires	49290
concerning the facility's services to patients who are or are	49291
eligible to be medicaid recipients;	49292

(7) Comply with section 5111.31 of the Revised Code.

49293

The provider agreement may contain other provisions that are	49294
consistent with law and considered necessary by the department.	49295

A provider agreement shall be effective for no longer than	49296
twelve months, except that if federal statute or regulations	49297
authorize a longer term, it may be effective for a longer term so	49298
authorized. A provider agreement may be renewed only if the	49299
facility is certified by the department of health for	49300
participation in the medicaid program.	49301

The department of job and family services, in accordance with	49302
rules adopted by the director pursuant to Chapter 119. of the	49303
Revised Code, may elect not to enter into, not to renew, or to	49304
terminate a provider agreement when the department determines that	49305
such an agreement would not be in the best interests of the	49306
recipients or of the state.	49307

Sec. 5111.222. An operator of a nursing facility or	49308
intermediate care facility for the mentally retarded may enter	49309
into provider agreements for more than one nursing facility or	49310
intermediate care facility for the mentally retarded.	49311

Sec. 5111.25. (A) The department of job and family services	49312
shall pay each eligible nursing facility a per resident per day	49313
rate for its reasonable capital costs established prospectively	49314
each fiscal year for each facility. Except as otherwise provided	49315
in sections 5111.20 to 5111.32 of the Revised Code, the rate shall	49316
be based on the facility's capital costs for the calendar year	49317
preceding the fiscal year in which the rate will be paid. The rate	49318
shall equal the sum of divisions (A)(1) to (3) of this section:	49319

(1) The lesser of the following:

49320

(a) Eighty-eight and sixty-five one-hundredths per cent of	49321
the facility's desk-reviewed, actual, allowable, per diem cost of	49322
ownership and eighty-five per cent of the facility's actual,	49323
allowable, per diem cost of nonextensive renovation determined	49324
under division (F) of this section;	49325

(b) Eighty-eight and sixty-five one-hundredths per cent of	49326
the following limitation:	49327

(i) For the fiscal year beginning July 1, 1993, sixteen	49328
dollars per resident day;	49329

(ii) For the fiscal year beginning July 1, 1994, sixteen	49330
dollars per resident day, adjusted to reflect the rate of	49331
inflation for the twelve-month period beginning July 1, 1992, and	49332
ending June 30, 1993, using the consumer price index for shelter	49333
costs for all urban consumers for the north central region,	49334
published by the United States bureau of labor statistics;	49335

(iii) For subsequent fiscal years, the limitation in effect	49336
during the previous fiscal year, adjusted to reflect the rate of	49337
inflation for the twelve-month period beginning on the first day	49338
of July for the calendar year preceding the calendar year that	49339
precedes the fiscal year and ending on the following thirtieth day	49340
of June, using the consumer price index for shelter costs for all	49341
urban consumers for the north central region, published by the	49342
United States bureau of labor statistics.	49343

(2) Any efficiency incentive determined under division (D) of	49344
this section;	49345

(3) Any amounts for return on equity determined under	49346
division (H) of this section.	49347

Buildings shall be depreciated using the straight line method	49348
over forty years or over a different period approved by the	49349
department. Components and equipment shall be depreciated using	49350
the straight-line method over a period designated in rules adopted	49351
by the director of job and family services in accordance with	49352
Chapter 119. of the Revised Code, consistent with the guidelines	49353
of the American hospital association, or over a different period	49354
approved by the department. Any rules adopted under this division	49355
that specify useful lives of buildings, components, or equipment	49356
apply only to assets acquired on or after July 1, 1993.	49357
Depreciation for costs paid or reimbursed by any government agency	49358
shall not be included in cost of ownership or renovation unless	49359
that part of the payment under sections 5111.20 to 5111.32 of the	49360
Revised Code is used to reimburse the government agency.	49361

(B) The capital cost basis of nursing facility assets shall	49362
be determined in the following manner:	49363

(1) For purposes of calculating the rate to be paid for the	49364
fiscal year beginning July 1, 1993, for facilities with dates of	49365
licensure on or before June 30, 1993, the capital cost basis shall	49366
be equal to the following:	49367

(a) For facilities that have not had a change of ownership	49368
during the period beginning January 1, 1993, and ending June 30,	49369
1993, the desk-reviewed, actual, allowable capital cost basis that	49370
is listed on the facility's cost report for the cost reporting	49371
period ending December 31, 1992, plus the actual, allowable	49372
capital cost basis of any assets constructed or acquired after	49373
December 31, 1992, but before July 1, 1993, if the aggregate	49374
capital costs of those assets would increase the facility's rate	49375
for capital costs by twenty or more cents per resident per day.	49376

(b) For facilities that have a date of licensure or had a	49377
change of ownership during the period beginning January 1, 1993,	49378
and ending June 30, 1993, the actual, allowable capital cost basis	49379
of the person or government entity that owns the facility on June	49380
30, 1993.	49381

Capital cost basis shall be calculated as provided in	49382
division (B)(1) of this section subject to approval by the United	49383
States health care financing administration of any necessary	49384
amendment to the state plan for providing medical assistance.	49385

The department shall include the actual, allowable capital	49386
cost basis of assets constructed or acquired during the period	49387
beginning January 1, 1993, and ending June 30, 1993, in the	49388
calculation for the facility's rate effective July 1, 1993, if the	49389
aggregate capital costs of the assets would increase the	49390
facility's rate by twenty or more cents per resident per day and	49391
the facility provides the department with sufficient documentation	49392
of the costs before June 1, 1993. If the facility provides the	49393
documentation after that date, the department shall adjust the	49394
facility's rate to reflect the costs of the assets one month after	49395
the first day of the month after the department receives the	49396
documentation.	49397

(2) Except as provided in division (B)(4) of this section,	49398
for purposes of calculating the rates to be paid for fiscal years	49399
beginning after June 30, 1994, for facilities with dates of	49400
licensure on or before June 30, 1993, the capital cost basis of	49401
each asset shall be equal to the desk-reviewed, actual, allowable,	49402
capital cost basis that is listed on the facility's cost report	49403
for the calendar year preceding the fiscal year during which the	49404
rate will be paid.	49405

(3) For facilities with dates of licensure after June 30,	49406
1993, the capital cost basis shall be determined in accordance	49407
with the principles of the medicare program established under	49408
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	49409
U.S.C.A. 301, as amended, except as otherwise provided in sections	49410
5111.20 to 5111.32 of the Revised Code.	49411

(4) Except as provided in division (B)(5) of this section, if	49412
a provider transfers an interest in a facility to another provider	49413
after June 30, 1993, there shall be no increase in the capital	49414
cost basis of the asset if the providers are related parties. If	49415
the providers are not related parties or if they are related	49416
parties and division (B)(5) of this section requires the	49417
adjustment of the capital cost basis under this division, the	49418
basis of the asset shall be adjusted by the lesser of the	49419
following:	49420

(a) One-half of the change in construction costs during the	49421
time that the transferor held the asset, as calculated by the	49422
department of job and family services using the "Dodge building	49423
cost indexes, northeastern and north central states," published by	49424
Marshall and Swift;	49425

(b) One-half of the change in the consumer price index for	49426
all items for all urban consumers, as published by the United	49427
States bureau of labor statistics, during the time that the	49428
transferor held the asset.	49429

(5) If a provider transfers an interest in a facility to	49430
another provider who is a related party, the capital cost basis of	49431
the asset shall be adjusted as specified in division (B)(4) of	49432
this section for a transfer to a provider that is not a related	49433
party if all of the following conditions are met:	49434

(a) The related party is a relative of owner;

49435

(b) Except as provided in division (B)(5)(c)(ii) of this	49436
section, the provider making the transfer retains no ownership	49437
interest in the facility;	49438

(c) The department of job and family services determines that	49439
the transfer is an arm's length transaction pursuant to rules the	49440
department shall adopt in accordance with Chapter 119. of the	49441
Revised Code no later than December 31, 2000. The rules shall	49442
provide that a transfer is an arm's length transaction if all of	49443
the following apply:	49444

(i) Once the transfer goes into effect, the provider that	49445
made the transfer has no direct or indirect interest in the	49446
provider that acquires the facility or the facility itself,	49447
including interest as an owner, officer, director, employee,	49448
independent contractor, or consultant, but excluding interest as a	49449
creditor.	49450

(ii) The provider that made the transfer does not reacquire	49451
an interest in the facility except through the exercise of a	49452
creditor's rights in the event of a default. If the provider	49453
reacquires an interest in the facility in this manner, the	49454
department shall treat the facility as if the transfer never	49455
occurred when the department calculates its reimbursement rates	49456
for capital costs.	49457

(iii) The transfer satisfies any other criteria specified in	49458
the rules.	49459

(d) Except in the case of hardship caused by a catastrophic	49460
event, as determined by the department, or in the case of a	49461
provider making the transfer who is at least sixty-five years of	49462
age, not less than twenty years have elapsed since, for the same	49463
facility, the capital cost basis was adjusted most recently under	49464
division (B)(5) of this section or actual, allowable cost of	49465
ownership was determined most recently under division (C)(9) of	49466
this section.	49467

(C) As used in this division, "lease expense" means lease	49468
payments in the case of an operating lease and depreciation	49469
expense and interest expense in the case of a capital lease. As	49470
used in this division, "new lease" means a lease, to a different	49471
lessee, of a nursing facility that previously was operated under a	49472
lease.	49473

(1) Subject to the limitation specified in division (A)(1) of	49474
this section, for a lease of a facility that was effective on May	49475
27, 1992, the entire lease expense is an actual, allowable cost of	49476
ownership during the term of the existing lease. The entire lease	49477
expense also is an actual, allowable cost of ownership if a lease	49478
in existence on May 27, 1992, is renewed under either of the	49479
following circumstances:	49480

(a) The renewal is pursuant to a renewal option that was in	49481
existence on May 27, 1992;	49482

(b) The renewal is for the same lease payment amount and	49483
between the same parties as the lease in existence on May 27,	49484
1992.	49485

(2) Subject to the limitation specified in division (A)(1) of	49486
this section, for a lease of a facility that was in existence but	49487
not operated under a lease on May 27, 1992, actual, allowable cost	49488
of ownership shall include the lesser of the annual lease expense	49489
or the annual depreciation expense and imputed interest expense	49490
that would be calculated at the inception of the lease using the	49491
lessor's entire historical capital asset cost basis, adjusted by	49492
the lesser of the following amounts:	49493

(a) One-half of the change in construction costs during the	49494
time the lessor held each asset until the beginning of the lease,	49495
as calculated by the department using the "Dodge building cost	49496
indexes, northeastern and north central states," published by	49497
Marshall and Swift;	49498

(b) One-half of the change in the consumer price index for	49499
all items for all urban consumers, as published by the United	49500
States bureau of labor statistics, during the time the lessor held	49501
each asset until the beginning of the lease.	49502

(3) Subject to the limitation specified in division (A)(1) of	49503
this section, for a lease of a facility with a date of licensure	49504
on or after May 27, 1992, that is initially operated under a	49505
lease, actual, allowable cost of ownership shall include the	49506
annual lease expense if there was a substantial commitment of	49507
money for construction of the facility after December 22, 1992,	49508
and before July 1, 1993. If there was not a substantial commitment	49509
of money after December 22, 1992, and before July 1, 1993, actual,	49510
allowable cost of ownership shall include the lesser of the annual	49511
lease expense or the sum of the following:	49512

(a) The annual depreciation expense that would be calculated	49513
at the inception of the lease using the lessor's entire historical	49514
capital asset cost basis;	49515

(b) The greater of the lessor's actual annual amortization of	49516
financing costs and interest expense at the inception of the lease	49517
or the imputed interest expense calculated at the inception of the	49518
lease using seventy per cent of the lessor's historical capital	49519
asset cost basis.	49520

(4) Subject to the limitation specified in division (A)(1) of	49521
this section, for a lease of a facility with a date of licensure	49522
on or after May 27, 1992, that was not initially operated under a	49523
lease and has been in existence for ten years, actual, allowable	49524
cost of ownership shall include the lesser of the annual lease	49525
expense or the annual depreciation expense and imputed interest	49526
expense that would be calculated at the inception of the lease	49527
using the entire historical capital asset cost basis of the	49528
lessor, adjusted by the lesser of the following:	49529

(a) One-half of the change in construction costs during the	49530
time the lessor held each asset until the beginning of the lease,	49531
as calculated by the department using the "Dodge building cost	49532
indexes, northeastern and north central states," published by	49533
Marshall and Swift;	49534

(b) One-half of the change in the consumer price index for	49535
all items for all urban consumers, as published by the United	49536
States bureau of labor statistics, during the time the lessor held	49537
each asset until the beginning of the lease.	49538

(5) Subject to the limitation specified in division (A)(1) of	49539
this section, for a new lease of a facility that was operated	49540
under a lease on May 27, 1992, actual, allowable cost of ownership	49541
shall include the lesser of the annual new lease expense or the	49542
annual old lease payment. If the old lease was in effect for ten	49543
years or longer, the old lease payment from the beginning of the	49544
old lease shall be adjusted by the lesser of the following:	49545

(a) One-half of the change in construction costs from the	49546
beginning of the old lease to the beginning of the new lease, as	49547
calculated by the department using the "Dodge building cost	49548
indexes, northeastern and north central states," published by	49549
Marshall and Swift;	49550

(b) One-half of the change in the consumer price index for	49551
all items for all urban consumers, as published by the United	49552
States bureau of labor statistics, from the beginning of the old	49553
lease to the beginning of the new lease.	49554

(6) Subject to the limitation specified in division (A)(1) of	49555
this section, for a new lease of a facility that was not in	49556
existence or that was in existence but not operated under a lease	49557
on May 27, 1992, actual, allowable cost of ownership shall include	49558
the lesser of annual new lease expense or the annual amount	49559
calculated for the old lease under division (C)(2), (3), (4), or	49560
(6) of this section, as applicable. If the old lease was in effect	49561
for ten years or longer, the lessor's historical capital asset	49562
cost basis shall be adjusted by the lesser of the following for	49563
purposes of calculating the annual amount under division (C)(2),	49564
(3), (4), or (6) of this section:	49565

(a) One-half of the change in construction costs from the	49566
beginning of the old lease to the beginning of the new lease, as	49567
calculated by the department using the "Dodge building cost	49568
indexes, northeastern and north central states," published by	49569
Marshall and Swift;	49570

(b) One-half of the change in the consumer price index for	49571
all items for all urban consumers, as published by the United	49572
States bureau of labor statistics, from the beginning of the old	49573
lease to the beginning of the new lease.	49574

In the case of a lease under division (C)(3) of this section	49575
of a facility for which a substantial commitment of money was made	49576
after December 22, 1992, and before July 1, 1993, the old lease	49577
payment shall be adjusted for the purpose of determining the	49578
annual amount.	49579

(7) For any revision of a lease described in division (C)(1),	49580
(2), (3), (4), (5), or (6) of this section, or for any subsequent	49581
lease of a facility operated under such a lease, other than	49582
execution of a new lease, the portion of actual, allowable cost of	49583
ownership attributable to the lease shall be the same as before	49584
the revision or subsequent lease.	49585

(8) Except as provided in division (C)(9) of this section, if	49586
a provider leases an interest in a facility to another provider	49587
who is a related party, the related party's actual, allowable cost	49588
of ownership shall include the lesser of the annual lease expense	49589
or the reasonable cost to the lessor.	49590

(9) If a provider leases an interest in a facility to another	49591
provider who is a related party, regardless of the date of the	49592
lease, the related party's actual, allowable cost of ownership	49593
shall include the annual lease expense, subject to the limitations	49594
specified in divisions (C)(1) to (7) of this section, if all of	49595
the following conditions are met:	49596

(a) The related party is a relative of owner;

49597

(b) If the lessor retains an ownership interest, it is,	49598
except as provided in division (C)(9)(c)(ii) of this section, in	49599
only the real property and any improvements on the real property;	49600

(c) The department of job and family services determines that	49601
the lease is an arm's length transaction pursuant to rules the	49602
department shall adopt in accordance with Chapter 119. of the	49603
Revised Code no later than December 31, 2000. The rules shall	49604
provide that a lease is an arm's length transaction if all of the	49605
following apply:	49606

(i) Once the lease goes into effect, the lessor has no direct	49607
or indirect interest in the lessee or, except as provided in	49608
division (C)(9)(b) of this section, the facility itself, including	49609
interest as an owner, officer, director, employee, independent	49610
contractor, or consultant, but excluding interest as a lessor.	49611

(ii) The lessor does not reacquire an interest in the	49612
facility except through the exercise of a lessor's rights in the	49613
event of a default. If the lessor reacquires an interest in the	49614
facility in this manner, the department shall treat the facility	49615
as if the lease never occurred when the department calculates its	49616
reimbursement rates for capital costs.	49617

(iii) The lease satisfies any other criteria specified in the	49618
rules.	49619

(d) Except in the case of hardship caused by a catastrophic	49620
event, as determined by the department, or in the case of a lessor	49621
who is at least sixty-five years of age, not less than twenty	49622
years have elapsed since, for the same facility, the capital cost	49623
basis was adjusted most recently under division (B)(5) of this	49624
section or actual, allowable cost of ownership was determined most	49625
recently under division (C)(9) of this section.	49626

(10) This division does not apply to leases of specific items	49627
of equipment.	49628

(D)(1) Subject to division (D)(2) of this section, the	49629
department shall pay each nursing facility an efficiency incentive	49630
that is equal to fifty per cent of the difference between the	49631
following:	49632

(a) Eighty-eight and sixty-five one-hundredths per cent of	49633
the facility's desk-reviewed, actual, allowable, per diem cost of	49634
ownership;	49635

(b) The applicable amount specified in division (E) of this	49636
section.	49637

(2) The efficiency incentive paid to a nursing facility shall	49638
not exceed the greater of the following:	49639

(a) The efficiency incentive the facility was paid during the	49640
fiscal year ending June 30, 1994;	49641

(b) Three dollars per resident per day, adjusted annually for	49642
rates paid beginning July 1, 1994, for the inflation rate for the	49643
twelve-month period beginning on the first day of July of the	49644
calendar year preceding the calendar year that precedes the fiscal	49645
year for which the efficiency incentive is determined and ending	49646
on the thirtieth day of the following June, using the consumer	49647
price index for shelter costs for all urban consumers for the	49648
north central region, as published by the United States bureau of	49649
labor statistics.	49650

(3) For purposes of calculating the efficiency incentive,	49651
depreciation for costs that are paid or reimbursed by any	49652
government agency shall be considered as costs of ownership, and	49653
renovation costs that are paid under division (F) of this section	49654
shall not be considered costs of ownership.	49655

(E) The following amounts shall be used to calculate	49656
efficiency incentives for nursing facilities under this section:	49657

(1) For facilities with dates of licensure prior to January	49658
1, 1958, four dollars and twenty-four cents per patient day;	49659

(2) For facilities with dates of licensure after December 31,	49660
1957, but prior to January 1, 1968:	49661

(a) Five dollars and twenty-four cents per patient day if the	49662
cost of construction was three thousand five hundred dollars or	49663
more per bed;	49664

(b) Four dollars and twenty-four cents per patient day if the	49665
cost of construction was less than three thousand five hundred	49666
dollars per bed.	49667

(3) For facilities with dates of licensure after December 31,	49668
1967, but prior to January 1, 1976:	49669

(a) Six dollars and twenty-four cents per patient day if the	49670
cost of construction was five thousand one hundred fifty dollars	49671
or more per bed;	49672

(b) Five dollars and twenty-four cents per patient day if the	49673
cost of construction was less than five thousand one hundred fifty	49674
dollars per bed, but exceeded three thousand five hundred dollars	49675
per bed;	49676

(c) Four dollars and twenty-four cents per patient day if the	49677
cost of construction was three thousand five hundred dollars or	49678
less per bed.	49679

(4) For facilities with dates of licensure after December 31,	49680
1975, but prior to January 1, 1979:	49681

(a) Seven dollars and twenty-four cents per patient day if	49682
the cost of construction was six thousand eight hundred dollars or	49683
more per bed;	49684

(b) Six dollars and twenty-four cents per patient day if the	49685
cost of construction was less than six thousand eight hundred	49686
dollars per bed but exceeded five thousand one hundred fifty	49687
dollars per bed;	49688

(c) Five dollars and twenty-four cents per patient day if the	49689
cost of construction was five thousand one hundred fifty dollars	49690
or less per bed, but exceeded three thousand five hundred dollars	49691
per bed;	49692

(d) Four dollars and twenty-four cents per patient day if the	49693
cost of construction was three thousand five hundred dollars or	49694
less per bed.	49695

(5) For facilities with dates of licensure after December 31,	49696
1978, but prior to January 1, 1981:	49697

(a) Seven dollars and seventy-four cents per patient day if	49698
the cost of construction was seven thousand six hundred	49699
twenty-five dollars or more per bed;	49700

(b) Seven dollars and twenty-four cents per patient day if	49701
the cost of construction was less than seven thousand six hundred	49702
twenty-five dollars per bed but exceeded six thousand eight	49703
hundred dollars per bed;	49704

(c) Six dollars and twenty-four cents per patient day if the	49705
cost of construction was six thousand eight hundred dollars or	49706
less per bed but exceeded five thousand one hundred fifty dollars	49707
per bed;	49708

(d) Five dollars and twenty-four cents per patient day if the	49709
cost of construction was five thousand one hundred fifty dollars	49710
or less but exceeded three thousand five hundred dollars per bed;	49711

(e) Four dollars and twenty-four cents per patient day if the	49712
cost of construction was three thousand five hundred dollars or	49713
less per bed.	49714

(6) For facilities with dates of licensure in 1981 or any	49715
year thereafter prior to December 22, 1992, the following amount:	49716

(a) For facilities with construction costs less than seven	49717
thousand six hundred twenty-five dollars per bed, the applicable	49718
amounts for the construction costs specified in divisions	49719
(E)(5)(b) to (e) of this section;	49720

(b) For facilities with construction costs of seven thousand	49721
six hundred twenty-five dollars or more per bed, six dollars per	49722
patient day, provided that for 1981 and annually thereafter prior	49723
to December 22, 1992, the department shall do both of the	49724
following to the six-dollar amount:	49725

(i) Adjust the amount for fluctuations in construction costs	49726
calculated by the department using the "Dodge building cost	49727
indexes, northeastern and north central states," published by	49728
Marshall and Swift, using 1980 as the base year;	49729

(ii) Increase the amount, as adjusted for inflation under	49730
division (E)(6)(b)(i) of this section, by one dollar and	49731
seventy-four cents.	49732

(7) For facilities with dates of licensure on or after	49733
January 1, 1992, seven dollars and ninety-seven cents, adjusted	49734
for fluctuations in construction costs between 1991 and 1993 as	49735
calculated by the department using the "Dodge building cost	49736
indexes, northeastern and north central states," published by	49737
Marshall and Swift, and then increased by one dollar and	49738
seventy-four cents.	49739

For the fiscal year that begins July 1, 1994, each of the	49740
amounts listed in divisions (E)(1) to (7) of this section shall be	49741
increased by twenty-five cents. For the fiscal year that begins	49742
July 1, 1995, each of those amounts shall be increased by an	49743
additional twenty-five cents. For subsequent fiscal years, each of	49744
those amounts, as increased for the prior fiscal year, shall be	49745
adjusted to reflect the rate of inflation for the twelve-month	49746
period beginning on the first day of July of the calendar year	49747
preceding the calendar year that precedes the fiscal year and	49748
ending on the following thirtieth day of June, using the consumer	49749
price index for shelter costs for all urban consumers for the	49750
north central region, as published by the United States bureau of	49751
labor statistics.	49752

If the amount established for a nursing facility under this	49753
division is less than the amount that applied to the facility	49754
under division (B) of former section 5111.25 of the Revised Code,	49755
as the former section existed immediately prior to December 22,	49756
1992, the amount used to calculate the efficiency incentive for	49757
the facility under division (D)(2) of this section shall be the	49758
amount that was calculated under division (B) of the former	49759
section.	49760

(F) Beginning July 1, 1993, regardless of the facility's date	49761
of licensure or the date of the nonextensive renovations, the rate	49762
for the costs of nonextensive renovations for nursing facilities	49763
shall be eighty-five per cent of the desk-reviewed, actual,	49764
allowable, per diem, nonextensive renovation costs. This division	49765
applies to nonextensive renovations regardless of whether they are	49766
made by an owner or a lessee. If the tenancy of a lessee that has	49767
made nonextensive renovations ends before the depreciation expense	49768
for the renovation costs has been fully reported, the former	49769
lessee shall not report the undepreciated balance as an expense.	49770

(1) For a nonextensive renovation made after July 1, 1993, to	49771
qualify for payment under this division, both of the following	49772
conditions must be met:	49773

(a) At least five years have elapsed since the date of	49774
licensure of the portion of the facility that is proposed to be	49775
renovated, except that this condition does not apply if the	49776
renovation is necessary to meet the requirements of federal,	49777
state, or local statutes, ordinances, rules, or policies.	49778

(b) The provider has obtained prior approval from the	49779
department of job and family services, and if required the	49780
director of health has granted a certificate of need for the	49781
renovation under section 3702.52 of the Revised Code. The provider	49782
shall submit a plan that describes in detail the changes in	49783
capital assets to be accomplished by means of the renovation and	49784
the timetable for completing the project. The time for completion	49785
of the project shall be no more than eighteen months after the	49786
renovation begins. The department of job and family services shall	49787
adopt rules in accordance with Chapter 119. of the Revised Code	49788
that specify criteria and procedures for prior approval of	49789
renovation projects. No provider shall separate a project with the	49790
intent to evade the characterization of the project as a	49791
renovation or as an extensive renovation. No provider shall	49792
increase the scope of a project after it is approved by the	49793
department of job and family services unless the increase in scope	49794
is approved by the department.	49795

(2) The payment provided for in this division is the only	49796
payment that shall be made for the costs of a nonextensive	49797
renovation. Nonextensive renovation costs shall not be included in	49798
costs of ownership, and a nonextensive renovation shall not affect	49799
the date of licensure for purposes of calculating the efficiency	49800
incentive under divisions (D) and (E) of this section.	49801

(G) ~~The owner of a nursing facility operating under a~~	49802
~~provider agreement shall provide written notice to the department~~	49803
~~of job and family services at least forty-five days prior to~~	49804
~~entering into any contract of sale for the facility or voluntarily~~	49805
~~terminating participation in the medical assistance program.~~ After	49806
the date on which a transaction of sale of a nursing facility is	49807
closed, the owner shall refund to the department the amount of	49808
excess depreciation paid to the facility by the department for	49809
each year the owner has operated the facility under a provider	49810
agreement and prorated according to the number of medicaid patient	49811
days for which the facility has received payment. If a nursing	49812
facility is sold after five or fewer years of operation under a	49813
provider agreement, the refund to the department shall be equal to	49814
the excess depreciation paid to the facility. If a nursing	49815
facility is sold after more than five years but less than ten	49816
years of operation under a provider agreement, the refund to the	49817
department shall equal the excess depreciation paid to the	49818
facility multiplied by twenty per cent, multiplied by the	49819
difference between ten and the number of years that the facility	49820
was operated under a provider agreement. If a nursing facility is	49821
sold after ten or more years of operation under a provider	49822
agreement, the owner shall not refund any excess depreciation to	49823
the department. The owner of a nursing facility that is sold or	49824
that ~~voluntarily terminates~~undergoes a voluntary withdrawal of	49825
participation ~~in the medical assistance program~~, as defined in	49826
section 5111.65 of the Revised Code, also shall refund any other	49827
amount that the department properly finds to be due after ~~the~~a	49828
final fiscal audit ~~conducted under this division~~the department	49829
shall conduct. For the purposes of this division, "depreciation	49830
paid to the facility" means the amount paid to the nursing	49831
facility for cost of ownership pursuant to this section less any	49832
amount paid for interest costs, amortization of financing costs,	49833
and lease expenses. For the purposes of this division, "excess	49834
depreciation" is the nursing facility's depreciated basis, which	49835
is the owner's cost less accumulated depreciation, subtracted from	49836
the purchase price net of selling costs but not exceeding the	49837
amount of depreciation paid to the facility.	49838

~~A cost report shall be filed with the department within~~	49839
~~ninety days after the date on which the transaction of sale is~~	49840
~~closed or participation is voluntarily terminated. The report~~	49841
~~shall show the accumulated depreciation, the sales price, and~~	49842
~~other information required by the department. The department shall~~	49843
~~provide for a bank, trust company, or savings and loan association~~	49844
~~to hold in escrow the amount of the last two monthly payments to a~~	49845
~~nursing facility made pursuant to division (A)(1) of section~~	49846
~~5111.22 of the Revised Code before a sale or termination of~~	49847
~~participation or, if the owner fails, within the time required by~~	49848
~~this division, to notify the department before entering into a~~	49849
~~contract of sale for the facility, the amount of the first two~~	49850
~~monthly payments made to the facility after the department learns~~	49851
~~of the contract, regardless of whether a new owner is in~~	49852
~~possession of the facility. If the amount the owner will be~~	49853
~~required to refund under this section is likely to be less than~~	49854
~~the amount of the two monthly payments otherwise put into escrow~~	49855
~~under this division, the department shall take one of the~~	49856
~~following actions instead of withholding the amount of the two~~	49857
~~monthly payments:~~	49858

~~(1) In the case of an owner that owns other facilities that~~	49859
~~participate in the medical assistance program, obtain a promissory~~	49860
~~note in an amount sufficient to cover the amount likely to be~~	49861
~~refunded;~~	49862

~~(2) In the case of all other owners, withhold the amount of~~	49863
~~the last monthly payment to the nursing facility or, if the owner~~	49864
~~fails, within the time required by this division, to notify the~~	49865
~~department before entering into a contract of sale for the~~	49866
~~facility, the amount of the first monthly payment made to the~~	49867
~~facility after the department learns of the contract, regardless~~	49868
~~of whether a new owner is in possession of the facility.~~	49869

~~The department shall, within ninety days following the filing~~	49870
~~of the cost report, audit the cost report and issue an audit~~	49871
~~report to the owner. The department also may audit any other cost~~	49872
~~report that the facility has filed during the previous three~~	49873
~~years. In the audit report, the department shall state its~~	49874
~~findings and the amount of any money owed to the department by the~~	49875
~~nursing facility. The findings shall be subject to adjudication~~	49876
~~conducted in accordance with Chapter 119. of the Revised Code. No~~	49877
~~later than fifteen days after the owner agrees to a settlement,~~	49878
~~any funds held in escrow less any amounts due to the department~~	49879
~~shall be released to the owner and amounts due to the department~~	49880
~~shall be paid to the department. If the amounts in escrow are less~~	49881
~~than the amounts due to the department, the balance shall be paid~~	49882
~~to the department within fifteen days after the owner agrees to a~~	49883
~~settlement. If the department does not issue its audit report~~	49884
~~within the ninety-day period, the department shall release any~~	49885
~~money held in escrow to the owner.~~ For the purposes of this	49886
section, a transfer of corporate stock, the merger of one	49887
corporation into another, or a consolidation does not constitute a	49888
sale.	49889

~~If a nursing facility is not sold or its participation is not~~	49890
~~terminated after notice is provided to the department under this~~	49891
~~division, the department shall order any payments held in escrow~~	49892
~~released to the facility upon receiving written notice from the~~	49893
~~owner that there will be no sale or termination. After written~~	49894
~~notice is received from a nursing facility that a sale or~~	49895
~~termination will not take place, the facility shall provide notice~~	49896
~~to the department at least forty-five days prior to entering into~~	49897
~~any contract of sale or terminating participation at any future~~	49898
~~time.~~	49899

(H) The department shall pay each eligible proprietary	49900
nursing facility a return on the facility's net equity computed at	49901
the rate of one and one-half times the average interest rate on	49902
special issues of public debt obligations issued to the federal	49903
hospital insurance trust fund for the cost reporting period,	49904
except that no facility's return on net equity shall exceed fifty	49905
cents per patient day.	49906

When calculating the rate for return on net equity, the	49907
department shall use the greater of the facility's inpatient days	49908
during the applicable cost reporting period or the number of	49909
inpatient days the facility would have had during that period if	49910
its occupancy rate had been ninety-five per cent.	49911

(I) If a nursing facility would receive a lower rate for	49912
capital costs for assets in the facility's possession on July 1,	49913
1993, under this section than it would receive under former	49914
section 5111.25 of the Revised Code, as the former section existed	49915
immediately prior to December 22, 1992, the facility shall receive	49916
for those assets the rate it would have received under the former	49917
section for each fiscal year beginning on or after July 1, 1993,	49918
until the rate it would receive under this section exceeds the	49919
rate it would have received under the former section. Any facility	49920
that receives a rate calculated under the former section 5111.25	49921
of the Revised Code for assets in the facility's possession on	49922
July 1, 1993, also shall receive a rate calculated under this	49923
section for costs of any assets it constructs or acquires after	49924
July 1, 1993.	49925

Sec. 5111.251. (A) The department of job and family services	49926
shall pay each eligible intermediate care facility for the	49927
mentally retarded for its reasonable capital costs, a per resident	49928
per day rate established prospectively each fiscal year for each	49929
intermediate care facility for the mentally retarded. Except as	49930
otherwise provided in sections 5111.20 to 5111.32 of the Revised	49931
Code, the rate shall be based on the facility's capital costs for	49932
the calendar year preceding the fiscal year in which the rate will	49933
be paid. The rate shall equal the sum of the following:	49934

(1) The facility's desk-reviewed, actual, allowable, per diem	49935
cost of ownership for the preceding cost reporting period, limited	49936
as provided in divisions (C) and (F) of this section;	49937

(2) Any efficiency incentive determined under division (B) of	49938
this section;	49939

(3) Any amounts for renovations determined under division (D)	49940
of this section;	49941

(4) Any amounts for return on equity determined under	49942
division (I) of this section.	49943

Buildings shall be depreciated using the straight line method	49944
over forty years or over a different period approved by the	49945
department. Components and equipment shall be depreciated using	49946
the straight line method over a period designated by the director	49947
of job and family services in rules adopted in accordance with	49948
Chapter 119. of the Revised Code, consistent with the guidelines	49949
of the American hospital association, or over a different period	49950
approved by the department of job and family services. Any rules	49951
adopted under this division that specify useful lives of	49952
buildings, components, or equipment apply only to assets acquired	49953
on or after July 1, 1993. Depreciation for costs paid or	49954
reimbursed by any government agency shall not be included in costs	49955
of ownership or renovation unless that part of the payment under	49956
sections 5111.20 to 5111.32 of the Revised Code is used to	49957
reimburse the government agency.	49958

(B) The department of job and family services shall pay to	49959
each intermediate care facility for the mentally retarded an	49960
efficiency incentive equal to fifty per cent of the difference	49961
between any desk-reviewed, actual, allowable cost of ownership and	49962
the applicable limit on cost of ownership payments under division	49963
(C) of this section. For purposes of computing the efficiency	49964
incentive, depreciation for costs paid or reimbursed by any	49965
government agency shall be considered as a cost of ownership, and	49966
the applicable limit under division (C) of this section shall	49967
apply both to facilities with more than eight beds and facilities	49968
with eight or fewer beds. The efficiency incentive paid to a	49969
facility with eight or fewer beds shall not exceed three dollars	49970
per patient day, adjusted annually for the inflation rate for the	49971
twelve-month period beginning on the first day of July of the	49972
calendar year preceding the calendar year that precedes the fiscal	49973
year for which the efficiency incentive is determined and ending	49974
on the thirtieth day of the following June, using the consumer	49975
price index for shelter costs for all urban consumers for the	49976
north central region, as published by the United States bureau of	49977
labor statistics.	49978

(C) Cost of ownership payments to intermediate care	49979
facilities for the mentally retarded with more than eight beds	49980
shall not exceed the following limits:	49981

(1) For facilities with dates of licensure prior to January	49982
1, l958, not exceeding two dollars and fifty cents per patient	49983
day;	49984

(2) For facilities with dates of licensure after December 31,	49985
l957, but prior to January 1, l968, not exceeding:	49986

(a) Three dollars and fifty cents per patient day if the cost	49987
of construction was three thousand five hundred dollars or more	49988
per bed;	49989

(b) Two dollars and fifty cents per patient day if the cost	49990
of construction was less than three thousand five hundred dollars	49991
per bed.	49992

(3) For facilities with dates of licensure after December 31,	49993
l967, but prior to January 1, l976, not exceeding:	49994

(a) Four dollars and fifty cents per patient day if the cost	49995
of construction was five thousand one hundred fifty dollars or	49996
more per bed;	49997

(b) Three dollars and fifty cents per patient day if the cost	49998
of construction was less than five thousand one hundred fifty	49999
dollars per bed, but exceeds three thousand five hundred dollars	50000
per bed;	50001

(c) Two dollars and fifty cents per patient day if the cost	50002
of construction was three thousand five hundred dollars or less	50003
per bed.	50004

(4) For facilities with dates of licensure after December 31,	50005
l975, but prior to January 1, l979, not exceeding:	50006

(a) Five dollars and fifty cents per patient day if the cost	50007
of construction was six thousand eight hundred dollars or more per	50008
bed;	50009

(b) Four dollars and fifty cents per patient day if the cost	50010
of construction was less than six thousand eight hundred dollars	50011
per bed but exceeds five thousand one hundred fifty dollars per	50012
bed;	50013

(c) Three dollars and fifty cents per patient day if the cost	50014
of construction was five thousand one hundred fifty dollars or	50015
less per bed, but exceeds three thousand five hundred dollars per	50016
bed;	50017

(d) Two dollars and fifty cents per patient day if the cost	50018
of construction was three thousand five hundred dollars or less	50019
per bed.	50020

(5) For facilities with dates of licensure after December 31,	50021
l978, but prior to January 1, l980, not exceeding:	50022

(a) Six dollars per patient day if the cost of construction	50023
was seven thousand six hundred twenty-five dollars or more per	50024
bed;	50025

(b) Five dollars and fifty cents per patient day if the cost	50026
of construction was less than seven thousand six hundred	50027
twenty-five dollars per bed but exceeds six thousand eight hundred	50028
dollars per bed;	50029

(c) Four dollars and fifty cents per patient day if the cost	50030
of construction was six thousand eight hundred dollars or less per	50031
bed but exceeds five thousand one hundred fifty dollars per bed;	50032

(d) Three dollars and fifty cents per patient day if the cost	50033
of construction was five thousand one hundred fifty dollars or	50034
less but exceeds three thousand five hundred dollars per bed;	50035

(e) Two dollars and fifty cents per patient day if the cost	50036
of construction was three thousand five hundred dollars or less	50037
per bed.	50038

(6) For facilities with dates of licensure after December 31,	50039
1979, but prior to January 1, 1981, not exceeding:	50040

(a) Twelve dollars per patient day if the beds were	50041
originally licensed as residential facility beds by the department	50042
of mental retardation and developmental disabilities;	50043

(b) Six dollars per patient day if the beds were originally	50044
licensed as nursing home beds by the department of health.	50045

(7) For facilities with dates of licensure after December 31,	50046
1980, but prior to January 1, 1982, not exceeding:	50047

(a) Twelve dollars per patient day if the beds were	50048
originally licensed as residential facility beds by the department	50049
of mental retardation and developmental disabilities;	50050

(b) Six dollars and forty-five cents per patient day if the	50051
beds were originally licensed as nursing home beds by the	50052
department of health.	50053

(8) For facilities with dates of licensure after December 31,	50054
1981, but prior to January 1, 1983, not exceeding:	50055

(a) Twelve dollars per patient day if the beds were	50056
originally licensed as residential facility beds by the department	50057
of mental retardation and developmental disabilities;	50058

(b) Six dollars and seventy-nine cents per patient day if the	50059
beds were originally licensed as nursing home beds by the	50060
department of health.	50061

(9) For facilities with dates of licensure after December 31,	50062
1982, but prior to January 1, 1984, not exceeding:	50063

(a) Twelve dollars per patient day if the beds were	50064
originally licensed as residential facility beds by the department	50065
of mental retardation and developmental disabilities;	50066

(b) Seven dollars and nine cents per patient day if the beds	50067
were originally licensed as nursing home beds by the department of	50068
health.	50069

(10) For facilities with dates of licensure after December	50070
31, 1983, but prior to January 1, 1985, not exceeding:	50071

(a) Twelve dollars and twenty-four cents per patient day if	50072
the beds were originally licensed as residential facility beds by	50073
the department of mental retardation and developmental	50074
disabilities;	50075

(b) Seven dollars and twenty-three cents per patient day if	50076
the beds were originally licensed as nursing home beds by the	50077
department of health.	50078

(11) For facilities with dates of licensure after December	50079
31, 1984, but prior to January 1, 1986, not exceeding:	50080

(a) Twelve dollars and fifty-three cents per patient day if	50081
the beds were originally licensed as residential facility beds by	50082
the department of mental retardation and developmental	50083
disabilities;	50084

(b) Seven dollars and forty cents per patient day if the beds	50085
were originally licensed as nursing home beds by the department of	50086
health.	50087

(12) For facilities with dates of licensure after December	50088
31, 1985, but prior to January 1, 1987, not exceeding:	50089

(a) Twelve dollars and seventy cents per patient day if the	50090
beds were originally licensed as residential facility beds by the	50091
department of mental retardation and developmental disabilities;	50092

(b) Seven dollars and fifty cents per patient day if the beds	50093
were originally licensed as nursing home beds by the department of	50094
health.	50095

(13) For facilities with dates of licensure after December	50096
31, 1986, but prior to January 1, 1988, not exceeding:	50097

(a) Twelve dollars and ninety-nine cents per patient day if	50098
the beds were originally licensed as residential facility beds by	50099
the department of mental retardation and developmental	50100
disabilities;	50101

(b) Seven dollars and sixty-seven cents per patient day if	50102
the beds were originally licensed as nursing home beds by the	50103
department of health.	50104

(14) For facilities with dates of licensure after December	50105
31, 1987, but prior to January 1, 1989, not exceeding thirteen	50106
dollars and twenty-six cents per patient day;	50107

(15) For facilities with dates of licensure after December	50108
31, 1988, but prior to January 1, 1990, not exceeding thirteen	50109
dollars and forty-six cents per patient day;	50110

(16) For facilities with dates of licensure after December	50111
31, 1989, but prior to January 1, 1991, not exceeding thirteen	50112
dollars and sixty cents per patient day;	50113

(17) For facilities with dates of licensure after December	50114
31, 1990, but prior to January 1, 1992, not exceeding thirteen	50115
dollars and forty-nine cents per patient day;	50116

(18) For facilities with dates of licensure after December	50117
31, 1991, but prior to January 1, 1993, not exceeding thirteen	50118
dollars and sixty-seven cents per patient day;	50119

(19) For facilities with dates of licensure after December	50120
31, 1992, not exceeding fourteen dollars and twenty-eight cents	50121
per patient day.	50122

(D) Beginning January 1, 1981, regardless of the original	50123
date of licensure, the department of job and family services shall	50124
pay a rate for the per diem capitalized costs of renovations to	50125
intermediate care facilities for the mentally retarded made after	50126
January 1, l981, not exceeding six dollars per patient day using	50127
1980 as the base year and adjusting the amount annually until June	50128
30, 1993, for fluctuations in construction costs calculated by the	50129
department using the "Dodge building cost indexes, northeastern	50130
and north central states," published by Marshall and Swift. The	50131
payment provided for in this division is the only payment that	50132
shall be made for the capitalized costs of a nonextensive	50133
renovation of an intermediate care facility for the mentally	50134
retarded. Nonextensive renovation costs shall not be included in	50135
cost of ownership, and a nonextensive renovation shall not affect	50136
the date of licensure for purposes of division (C) of this	50137
section. This division applies to nonextensive renovations	50138
regardless of whether they are made by an owner or a lessee. If	50139
the tenancy of a lessee that has made renovations ends before the	50140
depreciation expense for the renovation costs has been fully	50141
reported, the former lessee shall not report the undepreciated	50142
balance as an expense.	50143

For a nonextensive renovation to qualify for payment under	50144
this division, both of the following conditions must be met:	50145

(1) At least five years have elapsed since the date of	50146
licensure or date of an extensive renovation of the portion of the	50147
facility that is proposed to be renovated, except that this	50148
condition does not apply if the renovation is necessary to meet	50149
the requirements of federal, state, or local statutes, ordinances,	50150
rules, or policies.	50151

(2) The provider has obtained prior approval from the	50152
department of job and family services. The provider shall submit a	50153
plan that describes in detail the changes in capital assets to be	50154
accomplished by means of the renovation and the timetable for	50155
completing the project. The time for completion of the project	50156
shall be no more than eighteen months after the renovation begins.	50157
The director of job and family services shall adopt rules in	50158
accordance with Chapter 119. of the Revised Code that specify	50159
criteria and procedures for prior approval of renovation projects.	50160
No provider shall separate a project with the intent to evade the	50161
characterization of the project as a renovation or as an extensive	50162
renovation. No provider shall increase the scope of a project	50163
after it is approved by the department of job and family services	50164
unless the increase in scope is approved by the department.	50165

(E) The amounts specified in divisions (C) and (D) of this	50166
section shall be adjusted beginning July 1, 1993, for the	50167
estimated inflation for the twelve-month period beginning on the	50168
first day of July of the calendar year preceding the calendar year	50169
that precedes the fiscal year for which rate will be paid and	50170
ending on the thirtieth day of the following June, using the	50171
consumer price index for shelter costs for all urban consumers for	50172
the north central region, as published by the United States bureau	50173
of labor statistics.	50174

(F)(1) For facilities of eight or fewer beds that have dates	50175
of licensure or have been granted project authorization by the	50176
department of mental retardation and developmental disabilities	50177
before July 1, 1993, and for facilities of eight or fewer beds	50178
that have dates of licensure or have been granted project	50179
authorization after that date if the facilities demonstrate that	50180
they made substantial commitments of funds on or before that date,	50181
cost of ownership shall not exceed eighteen dollars and thirty	50182
cents per resident per day. The eighteen-dollar and thirty-cent	50183
amount shall be increased by the change in the "Dodge building	50184
cost indexes, northeastern and north central states," published by	50185
Marshall and Swift, during the period beginning June 30, 1990, and	50186
ending July 1, 1993, and by the change in the consumer price index	50187
for shelter costs for all urban consumers for the north central	50188
region, as published by the United States bureau of labor	50189
statistics, annually thereafter.	50190

(2) For facilities with eight or fewer beds that have dates	50191
of licensure or have been granted project authorization by the	50192
department of mental retardation and developmental disabilities on	50193
or after July 1, 1993, for which substantial commitments of funds	50194
were not made before that date, cost of ownership payments shall	50195
not exceed the applicable amount calculated under division (F)(1)	50196
of this section, if the department of job and family services	50197
gives prior approval for construction of the facility or,	50198
regardless of whether the department gives prior approval, if the	50199
facility obtains a residential facility license under section	50200
5123.19 of the Revised Code pursuant to section 5123.1910 of the	50201
Revised Code. If the department does not give prior approval, cost	50202
of ownership payments shall not exceed the amount specified in	50203
division (C) of this section unless the facility obtains a	50204
residential facility license under section 5123.19 of the Revised	50205
Code pursuant to section 5123.1910 of the Revised Code.	50206

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	50207
section, the total payment for cost of ownership, cost of	50208
ownership efficiency incentive, and capitalized costs of	50209
renovations for an intermediate care facility for the mentally	50210
retarded with eight or fewer beds shall not exceed the sum of the	50211
limitations specified in divisions (C) and (D) of this section.	50212

(G) Notwithstanding any provision of this section or section	50213
5111.24 of the Revised Code, the director of job and family	50214
services may adopt rules in accordance with Chapter 119. of the	50215
Revised Code that provide for a calculation of a combined maximum	50216
payment limit for indirect care costs and cost of ownership for	50217
intermediate care facilities for the mentally retarded with eight	50218
or fewer beds.	50219

(H) ~~After June 30, 1980, the owner of an intermediate care~~	50220
~~facility for the mentally retarded operating under a provider~~	50221
~~agreement shall provide written notice to the department of job~~	50222
~~and family services at least forty-five days prior to entering~~	50223
~~into any contract of sale for the facility or voluntarily~~	50224
~~terminating participation in the medical assistance program.~~ After	50225
the date on which a transaction of sale of an intermediate care	50226
facility for the mentally retarded is closed, the owner shall	50227
refund to the department the amount of excess depreciation paid to	50228
the facility by the department for each year the owner has	50229
operated the facility under a provider agreement and prorated	50230
according to the number of medicaid patient days for which the	50231
facility has received payment. If an intermediate care facility	50232
for the mentally retarded is sold after five or fewer years of	50233
operation under a provider agreement, the refund to the department	50234
shall be equal to the excess depreciation paid to the facility. If	50235
an intermediate care facility for the mentally retarded is sold	50236
after more than five years but less than ten years of operation	50237
under a provider agreement, the refund to the department shall	50238
equal the excess depreciation paid to the facility multiplied by	50239
twenty per cent, multiplied by the number of years less than ten	50240
that a facility was operated under a provider agreement. If an	50241
intermediate care facility for the mentally retarded is sold after	50242
ten or more years of operation under a provider agreement, the	50243
owner shall not refund any excess depreciation to the department.	50244
For the purposes of this division, "depreciation paid to the	50245
facility" means the amount paid to the intermediate care facility	50246
for the mentally retarded for cost of ownership pursuant to this	50247
section less any amount paid for interest costs. For the purposes	50248
of this division, "excess depreciation" is the intermediate care	50249
facility for the mentally retarded's depreciated basis, which is	50250
the owner's cost less accumulated depreciation, subtracted from	50251
the purchase price but not exceeding the amount of depreciation	50252
paid to the facility.	50253

~~A cost report shall be filed with the department within~~	50254
~~ninety days after the date on which the transaction of sale is~~	50255
~~closed or participation is voluntarily terminated for an~~	50256
~~intermediate care facility for the mentally retarded subject to~~	50257
~~this division. The report shall show the accumulated depreciation,~~	50258
~~the sales price, and other information required by the department.~~	50259
~~The department shall provide for a bank, trust company, or savings~~	50260
~~and loan association to hold in escrow the amount of the last two~~	50261
~~monthly payments to an intermediate care facility for the mentally~~	50262
~~retarded made pursuant to division (A)(1) of section 5111.22 of~~	50263
~~the Revised Code before a sale or voluntary termination of~~	50264
~~participation or, if the owner fails, within the time required by~~	50265
~~this division, to notify the department before entering into a~~	50266
~~contract of sale for the facility, the amount of the first two~~	50267
~~monthly payments made to the facility after the department learns~~	50268
~~of the contract, regardless of whether a new owner is in~~	50269
~~possession of the facility. If the amount the owner will be~~	50270
~~required to refund under this section is likely to be less than~~	50271
~~the amount of the two monthly payments otherwise put into escrow~~	50272
~~under this division, the department shall take one of the~~	50273
~~following actions instead of withholding the amount of the two~~	50274
~~monthly payments:~~	50275

~~(1) In the case of an owner that owns other facilities that~~	50276
~~participate in the medical assistance program, obtain a promissory~~	50277
~~note in an amount sufficient to cover the amount likely to be~~	50278
~~refunded;~~	50279

~~(2) In the case of all other owners, withhold the amount of~~	50280
~~the last monthly payment to the intermediate care facility for the~~	50281
~~mentally retarded or, if the owner fails, within the time required~~	50282
~~by this division, to notify the department before entering into a~~	50283
~~contract of sale for the facility, the amount of the first monthly~~	50284
~~payment made to the facility after the department learns of the~~	50285
~~contract, regardless of whether a new owner is in possession of~~	50286
~~the facility.~~	50287

~~The department shall, within ninety days following the filing~~	50288
~~of the cost report, audit the report and issue an audit report to~~	50289
~~the owner. The department also may audit any other cost reports~~	50290
~~for the facility that have been filed during the previous three~~	50291
~~years. In the audit report, the department shall state its~~	50292
~~findings and the amount of any money owed to the department by the~~	50293
~~intermediate care facility for the mentally retarded. The findings~~	50294
~~shall be subject to an adjudication conducted in accordance with~~	50295
~~Chapter 119. of the Revised Code. No later than fifteen days after~~	50296
~~the owner agrees to a settlement, any funds held in escrow less~~	50297
~~any amounts due to the department shall be released to the owner~~	50298
~~and amounts due to the department shall be paid to the department.~~	50299
~~If the amounts in escrow are less than the amounts due to the~~	50300
~~department, the balance shall be paid to the department within~~	50301
~~fifteen days after the owner agrees to a settlement. If the~~	50302
~~department does not issue its audit report within the ninety-day~~	50303
~~period, the department shall release any money held in escrow to~~	50304
~~the owner.~~ For the purposes of this section, a transfer of	50305
corporate stock, the merger of one corporation into another, or a	50306
consolidation does not constitute a sale.	50307

~~If an intermediate care facility for the mentally retarded is~~	50308
~~not sold or its participation is not terminated after notice is~~	50309
~~provided to the department under this division, the department~~	50310
~~shall order any payments held in escrow released to the facility~~	50311
~~upon receiving written notice from the owner that there will be no~~	50312
~~sale or termination of participation. After written notice is~~	50313
~~received from an intermediate care facility for the mentally~~	50314
~~retarded that a sale or termination of participation will not take~~	50315
~~place, the facility shall provide notice to the department at~~	50316
~~least forty-five days prior to entering into any contract of sale~~	50317
~~or terminating participation at any future time.~~	50318

(I) The department of job and family services shall pay each	50319
eligible proprietary intermediate care facility for the mentally	50320
retarded a return on the facility's net equity computed at the	50321
rate of one and one-half times the average of interest rates on	50322
special issues of public debt obligations issued to the federal	50323
hospital insurance trust fund for the cost reporting period. No	50324
facility's return on net equity paid under this division shall	50325
exceed one dollar per patient day.	50326

In calculating the rate for return on net equity, the	50327
department shall use the greater of the facility's inpatient days	50328
during the applicable cost reporting period or the number of	50329
inpatient days the facility would have had during that period if	50330
its occupancy rate had been ninety-five per cent.	50331

(J)(1) Except as provided in division (J)(2) of this section,	50332
if a provider leases or transfers an interest in a facility to	50333
another provider who is a related party, the related party's	50334
allowable cost of ownership shall include the lesser of the	50335
following:	50336

(a) The annual lease expense or actual cost of ownership,	50337
whichever is applicable;	50338

(b) The reasonable cost to the lessor or provider making the	50339
transfer.	50340

(2) If a provider leases or transfers an interest in a	50341
facility to another provider who is a related party, regardless of	50342
the date of the lease or transfer, the related party's allowable	50343
cost of ownership shall include the annual lease expense or actual	50344
cost of ownership, whichever is applicable, subject to the	50345
limitations specified in divisions (B) to (I) of this section, if	50346
all of the following conditions are met:	50347

(a) The related party is a relative of owner;

50348

(b) In the case of a lease, if the lessor retains any	50349
ownership interest, it is, except as provided in division	50350
(J)(2)(d)(ii) of this section, in only the real property and any	50351
improvements on the real property;	50352

(c) In the case of a transfer, the provider making the	50353
transfer retains, except as provided in division (J)(2)(d)(iv) of	50354
this section, no ownership interest in the facility;	50355

(d) The department of job and family services determines that	50356
the lease or transfer is an arm's length transaction pursuant to	50357
rules the department shall adopt in accordance with Chapter 119.	50358
of the Revised Code no later than December 31, 2000. The rules	50359
shall provide that a lease or transfer is an arm's length	50360
transaction if all of the following, as applicable, apply:	50361

(i) In the case of a lease, once the lease goes into effect,	50362
the lessor has no direct or indirect interest in the lessee or,	50363
except as provided in division (J)(2)(b) of this section, the	50364
facility itself, including interest as an owner, officer,	50365
director, employee, independent contractor, or consultant, but	50366
excluding interest as a lessor.	50367

(ii) In the case of a lease, the lessor does not reacquire an	50368
interest in the facility except through the exercise of a lessor's	50369
rights in the event of a default. If the lessor reacquires an	50370
interest in the facility in this manner, the department shall	50371
treat the facility as if the lease never occurred when the	50372
department calculates its reimbursement rates for capital costs.	50373

(iii) In the case of a transfer, once the transfer goes into	50374
effect, the provider that made the transfer has no direct or	50375
indirect interest in the provider that acquires the facility or	50376
the facility itself, including interest as an owner, officer,	50377
director, employee, independent contractor, or consultant, but	50378
excluding interest as a creditor.	50379

(iv) In the case of a transfer, the provider that made the	50380
transfer does not reacquire an interest in the facility except	50381
through the exercise of a creditor's rights in the event of a	50382
default. If the provider reacquires an interest in the facility in	50383
this manner, the department shall treat the facility as if the	50384
transfer never occurred when the department calculates its	50385
reimbursement rates for capital costs.	50386

(v) The lease or transfer satisfies any other criteria	50387
specified in the rules.	50388

(e) Except in the case of hardship caused by a catastrophic	50389
event, as determined by the department, or in the case of a lessor	50390
or provider making the transfer who is at least sixty-five years	50391
of age, not less than twenty years have elapsed since, for the	50392
same facility, allowable cost of ownership was determined most	50393
recently under this division.	50394

Sec. 5111.28. (A) If a provider properly amends its cost	50395
report under section 5111.27 of the Revised Code and the amended	50396
report shows that the provider received a lower rate under the	50397
original cost report than it was entitled to receive, the	50398
department shall adjust the provider's rate prospectively to	50399
reflect the corrected information. The department shall pay the	50400
adjusted rate beginning two months after the first day of the	50401
month after the provider files the amended cost report. If the	50402
department finds, from an exception review of resident assessment	50403
information conducted after the effective date of the rate for	50404
direct care costs that is based on the assessment information,	50405
that inaccurate assessment information resulted in the provider	50406
receiving a lower rate than it was entitled to receive, the	50407
department prospectively shall adjust the provider's rate	50408
accordingly and shall make payments using the adjusted rate for	50409
the remainder of the calendar quarter for which the assessment	50410
information is used to determine the rate, beginning one month	50411
after the first day of the month after the exception review is	50412
completed.	50413

(B) If the provider properly amends its cost report under	50414
section 5111.27 of the Revised Code, the department makes a	50415
finding based on an audit under that section, or the department	50416
makes a finding based on an exception review of resident	50417
assessment information conducted under that section after the	50418
effective date of the rate for direct care costs that is based on	50419
the assessment information, any of which results in a	50420
determination that the provider has received a higher rate than it	50421
was entitled to receive, the department shall recalculate the	50422
provider's rate using the revised information. The department	50423
shall apply the recalculated rate to the periods when the provider	50424
received the incorrect rate to determine the amount of the	50425
overpayment. The provider shall refund the amount of the	50426
overpayment.	50427

In addition to requiring a refund under this division, the	50428
department may charge the provider interest at the applicable rate	50429
specified in this division from the time the overpayment was made.	50430

(1) If the overpayment resulted from costs reported for	50431
calendar year 1993, the interest shall be no greater than one and	50432
one-half times the average bank prime rate.	50433

(2) If the overpayment resulted from costs reported for	50434
subsequent calendar years:	50435

(a) The interest shall be no greater than two times the	50436
average bank prime rate if the overpayment was equal to or less	50437
than one per cent of the total medicaid payments to the provider	50438
for the fiscal year for which the incorrect information was used	50439
to establish a rate.	50440

(b) The interest shall be no greater than two and one-half	50441
times the current average bank prime rate if the overpayment was	50442
greater than one per cent of the total medicaid payments to the	50443
provider for the fiscal year for which the incorrect information	50444
was used to establish a rate.	50445

50446

(1) If a provider does not furnish invoices or other	50447
documentation that the department requests during an audit within	50448
sixty days after the request, no more than the greater of one	50449
thousand dollars per audit or twenty-five per cent of the	50450
cumulative amount by which the costs for which documentation was	50451
not furnished increased the total medicaid payments to the	50452
provider during the fiscal year for which the costs were used to	50453
establish a rate;	50454

(2) If an ~~owner~~exiting operator fails to provide a properly	50455
completed notice of ~~sale of the~~ facility orclosure, voluntary	50456
termination, voluntary withdrawal of participation ~~in the medical~~	50457
~~assistance program~~, or change of operator, as required by section	50458
~~5111.25~~5111.66 or ~~5111.251~~5111.67 of the Revised Code, no more	50459
than the current average bank prime rate plus four per cent of ~~the~~	50460
~~last~~an amount equal to two times the average amount of monthly	50461
payments to the exiting operator under the medicaid program for	50462
the twelve-month period immediately preceding the month that	50463
includes the last day the exiting operator's provider agreement is	50464
in effect or, in the case of a voluntary withdrawal of	50465
participation, the effective date of the voluntary withdrawal of	50466
participation.	50467

(D) If the provider continues to participate in the ~~medical~~	50468
~~assistance~~medicaid program, the department shall deduct any	50469
amount that the provider is required to refund under this section,	50470
and the amount of any interest charged or penalty imposed under	50471
this section, from the next available payment from the department	50472
to the provider. The department and the provider may enter into an	50473
agreement under which the amount, together with interest, is	50474
deducted in installments from payments from the department to the	50475
provider. If the provider does not continue to participate in the	50476
medicaid program, the department shall collect any amount that the	50477
provider owes to the department under this section from the	50478
withholding, security, or both that the department makes or	50479
requires under section 5111.681 of the Revised Code.	50480

(E) The department shall transmit refunds and penalties to	50481
the treasurer of state for deposit in the general revenue fund.	50482

(F) For the purpose of this section, the department shall	50483
determine the average bank prime rate using statistical release	50484
H.15, "selected interest rates," a weekly publication of the	50485
federal reserve board, or any successor publication. If	50486
statistical release H.15, or its successor, ceases to contain the	50487
bank prime rate information or ceases to be published, the	50488
department shall request a written statement of the average bank	50489
prime rate from the federal reserve bank of Cleveland or the	50490
federal reserve board.	50491

Sec. 5111.29. (A) The director of job and family services	50492
shall adopt rules in accordance with Chapter 119. of the Revised	50493
Code that establish a process under which a nursing facility or	50494
intermediate care facility for the mentally retarded, or a group	50495
or association of facilities, may seek reconsideration of rates	50496
established under sections 5111.23 to 5111.28 of the Revised Code,	50497
including a rate for direct care costs recalculated before the	50498
effective date of the rate as a result of an exception review of	50499
resident assessment information conducted under section 5111.27 of	50500
the Revised Code.	50501

(1) Except as provided in divisions (A)(2) to (4) of this	50502
section, the only issue that a facility, group, or association may	50503
raise in the rate reconsideration shall be whether the rate was	50504
calculated in accordance with sections 5111.23 to 5111.28 of the	50505
Revised Code and the rules adopted under those sections. The rules	50506
shall permit a facility, group, or association to submit written	50507
arguments or other materials that support its position. The rules	50508
shall specify time frames within which the facility, group, or	50509
association and the department must act. If the department	50510
determines, as a result of the rate reconsideration, that the rate	50511
established for one or more facilities is less than the rate to	50512
which it is entitled, the department shall increase the rate. If	50513
the department has paid the incorrect rate for a period of time,	50514
the department shall pay the facility the difference between the	50515
amount it was paid for that period and the amount it should have	50516
been paid.	50517

(2) The rules shall provide that during a fiscal year, the	50518
department, by means of the rate reconsideration process, may	50519
increase a facility's rate as calculated under sections 5111.23 to	50520
5111.28 of the Revised Code if the facility demonstrates that its	50521
actual, allowable costs have increased because of extreme	50522
circumstances. A facility may qualify for a rate increase only if	50523
its per diem, actual, allowable costs have increased to a level	50524
that exceeds its total rate, including any efficiency incentive	50525
and return on equity payment. The rules shall specify the	50526
circumstances that would justify a rate increase under division	50527
(A)(2) of this section. In the case of nursing facilities, the	50528
rules shall provide that the extreme circumstances include	50529
increased security costs for an inner-city nursing facility and an	50530
increase in workers' compensation experience rating of greater	50531
than five per cent for a facility that has an appropriate claims	50532
management program but do not include a change of ownership that	50533
results from bankruptcy, foreclosure, or findings of violations of	50534
certification requirements by the department of health. In the	50535
case of intermediate care facilities for the mentally retarded,	50536
the rules shall provide that the extreme circumstances include,	50537
but are not limited to, renovations approved under division (D) of	50538
section 5111.251 of the Revised Code, an increase in workers'	50539
compensation experience rating of greater than five per cent for a	50540
facility that has an appropriate claims management program,	50541
increased security costs for an inner-city facility, and a change	50542
of ownership that results from bankruptcy, foreclosure, or	50543
findings of violations of certification requirements by the	50544
department of health. An increase under division (A)(2) of this	50545
section is subject to any rate limitations or maximum rates	50546
established by sections 5111.23 to 5111.28 of the Revised Code for	50547
specific cost centers. Any rate increase granted under division	50548
(A)(2) of this section shall take effect on the first day of the	50549
first month after the department receives the request.	50550

(3) The rules shall provide that the department, through the	50551
rate reconsideration process, may increase a facility's rate as	50552
calculated under sections 5111.23 to 5111.28 of the Revised Code	50553
if the department, in its sole discretion, determines that the	50554
rate as calculated under those sections works an extreme hardship	50555
on the facility.	50556

(4) The rules shall provide that when beds certified for the	50557
medical assistance program are added to an existing facility,	50558
replaced at the same site, or subject to a change of ownership or	50559
lease, the department, through the rate reconsideration process,	50560
shall increase the facility's rate for capital costs	50561
proportionately, as limited by any applicable limitation under	50562
section 5111.25 or 5111.251 of the Revised Code, to account for	50563
the costs of the beds that are added, replaced, or subject to a	50564
change of ownership or lease. The department shall make this	50565
increase one month after the first day of the month after the	50566
department receives sufficient documentation of the costs. Any	50567
rate increase granted under division (A)(4) of this section after	50568
June 30, 1993, shall remain in effect until the effective date of	50569
a rate calculated under section 5111.25 or 5111.251 of the Revised	50570
Code that includes costs incurred for a full calendar year for the	50571
bed addition, bed replacement, or change of ownership or lease.	50572
The facility shall report double accumulated depreciation in an	50573
amount equal to the depreciation included in the rate adjustment	50574
on its cost report for the first year of operation. During the	50575
term of any loan used to finance a project for which a rate	50576
adjustment is granted under division (A)(4) of this section, if	50577
the facility is operated by the same provider, the facility shall	50578
subtract from the interest costs it reports on its cost report an	50579
amount equal to the difference between the following:	50580

(a) The actual, allowable interest costs for the loan during	50581
the calendar year for which the costs are being reported;	50582

(b) The actual, allowable interest costs attributable to the	50583
loan that were used to calculate the rates paid to the facility	50584
during the same calendar year.	50585

(5) The department's decision at the conclusion of the	50586
reconsideration process shall not be subject to any administrative	50587
proceedings under Chapter 119. or any other provision of the	50588
Revised Code.	50589

(B) ~~Any~~All of the following are subject to an adjudication	50590
conducted in accordance with Chapter 119. of the Revised Code:	50591

(1) Any audit disallowance that the department makes as the	50592
result of an audit under section 5111.27 of the Revised Code~~, any~~;	50593

(2) Any adverse finding that results from an exception review	50594
of resident assessment information conducted under ~~that~~ section	50595
5111.27 of the Revised Code after the effective date of the	50596
facility's rate that is based on the assessment information~~, and~~	50597
~~any~~;	50598

(3) Any penalty the department imposes under division (C) of	50599
section 5111.28 of the Revised Code ~~shall be subject to an~~	50600
~~adjudication conducted in accordance with Chapter 119.~~or section	50601
5111.684 of the Revised Code.	50602

Sec. 5111.30. The department of job and family services	50603
shall terminate the provider agreement with an operator of a	50604
nursing facility or intermediate care facility for the mentally	50605
retarded that does not comply with the requirements of section	50606
3721.071 of the Revised Code for the installation of fire	50607
extinguishing and fire alarm systems.	50608

Sec. 5111.31. (A) Every provider agreement with an operator	50609
of a nursing facility or intermediate care facility for the	50610
mentally retarded shall:	50611

(1) Prohibit the facility from failing or refusing to retain	50612
as a patient any person because the person is, becomes, or may, as	50613
a patient in the facility, become a recipient of assistance under	50614
the medical assistance program. For the purposes of this division,	50615
a recipient of medical assistance who is a patient in a facility	50616
shall be considered a patient in the facility during any hospital	50617
stays totaling less than twenty-five days during any twelve-month	50618
period. Recipients who have been identified by the department of	50619
job and family services or its designee as requiring the level of	50620
care of an intermediate care facility for the mentally retarded	50621
shall not be subject to a maximum period of absences during which	50622
they are considered patients if prior authorization of the	50623
department for visits with relatives and friends and participation	50624
in therapeutic programs is obtained under rules adopted under	50625
section 5111.02 of the Revised Code.	50626

(2) Include any part of the facility that meets standards for	50627
certification of compliance with federal and state laws and rules	50628
for participation in the medical assistance program, except that	50629
nursing facilities that, during the period beginning July 1, 1987,	50630
and ending July 1, 1993, added beds licensed as nursing home beds	50631
under Chapter 3721. of the Revised Code are not required to	50632
include those beds under a provider agreement unless otherwise	50633
required by federal law. Once added to the provider agreement,	50634
however, those nursing home beds may not be removed unless the	50635
facility withdraws from the medical assistance program in its	50636
entirety.	50637

(3) Prohibit the facility from discriminating against any	50638
patient on the basis of race, color, sex, creed, or national	50639
origin.	50640

(4) Except as otherwise prohibited under section 5111.55 of	50641
the Revised Code, prohibit the facility from failing or refusing	50642
to accept a patient because the patient is, becomes, or may, as a	50643
patient in the facility, become a recipient of assistance under	50644
the medical assistance program if less than eighty per cent of the	50645
patients in the facility are recipients of medical assistance.	50646

(B) Nothing in this section shall bar any religious or	50647
denominational nursing facility or intermediate care facility for	50648
the mentally retarded that is operated, supervised, or controlled	50649
by a religious organization from giving preference to persons of	50650
the same religion or denomination. Nothing in this section shall	50651
bar any facility from giving preference to persons with whom it	50652
has contracted to provide continuing care.	50653

(C) Nothing in this section shall bar any county home	50654
organized under Chapter 5155. of the Revised Code from admitting	50655
residents exclusively from the county in which the county home is	50656
located.	50657

(D) No operator of a nursing facility or intermediate care	50658
facility for the mentally retarded with which a provider agreement	50659
is in effect shall violate the provider contract obligations	50660
imposed under this section.	50661

(E) Nothing in divisions (A) and (B) of this section shall	50662
bar any nursing facility or intermediate care facility for the	50663
mentally retarded from retaining patients who have resided in the	50664
facility for not less than one year as private pay patients and	50665
who subsequently become recipients of assistance under the	50666
medicaid program, but refusing to accept as a patient any person	50667
who is or may, as a patient in the facility, become a recipient of	50668
assistance under the medicaid program, if all of the following	50669
apply:	50670

(1) The facility does not refuse to retain any patient who	50671
has resided in the facility for not less than one year as a	50672
private pay patient because the patient becomes a recipient of	50673
assistance under the medicaid program, except as necessary to	50674
comply with division (E)(2) of this section;	50675

(2) The number of medicaid recipients retained under this	50676
division does not at any time exceed ten per cent of all the	50677
patients in the facility;	50678

(3) On July 1, 1980, all the patients in the facility were	50679
private pay patients.	50680

Sec. 5111.34. (A) There is hereby created the nursing	50681
facility reimbursement study council consisting of the following	50682
~~seventeen~~eighteen members:	50683

(1) The director of job and family services;

50684

(2) The deputy director of the office of Ohio health plans of	50685
the department of job and family services;	50686

(3) An employee of the governor's office;

50687

(4) The director of health;

50688

(5) The director of aging;

50689

(6) Three members of the house of representatives, not more	50690
than two of whom are members of the same political party,	50691
appointed by the speaker of the house of representatives;	50692

(7) Three members of the senate, not more than two of whom	50693
are members of the same political party, appointed by the	50694
president of the senate;	50695

(8) One representative of medicaid recipients residing in	50696
nursing facilities, appointed by the governor;	50697

(9) Two representatives of each of the following	50698
organizations, appointed by their respective governing bodies:	50699

(a) The Ohio academy of nursing homes;

50700

(b) The association of Ohio philanthropic homes and housing	50701
for the aging;	50702

50703

Initial appointments of members described in divisions	50704
(A)(6), (7), and ~~(8)~~(9) of this section shall be made no later	50705
than ninety days after June 6, 2001, except that the initial	50706
appointments of the two additional members described in divisions	50707
(A)(6) and (7) of this section added by Am. Sub. H.B. 405 of the	50708
124th general assembly shall be made not later than ninety days	50709
after ~~the effective date of this amendment~~March 14, 2002. Initial	50710
appointment of the member described in division (A)(8) of this	50711
section shall be made not later than ninety days after the	50712
effective date of this amendment. Vacancies in any of those	50713
appointments shall be filled in the same manner as original	50714
appointments. The members described in divisions (A)(6), (7), ~~and~~	50715
(8), and (9) of this section shall serve at the pleasure of the	50716
official or governing body appointing the member. The members	50717
described in divisions (A)(1), (2), (3), (4), and (5) of this	50718
section shall serve for as long as they hold the position that	50719
qualifies them for membership on the council. The speaker of the	50720
house of representatives and the president of the senate jointly	50721
shall appoint the chairperson of the council. Members of the	50722
council shall serve without compensation.	50723

(B) The council shall review, on an ongoing basis, the system	50724
established by sections 5111.20 to 5111.32 of the Revised Code for	50725
reimbursing nursing facilities under the medical assistance	50726
program. The council shall recommend any changes it determines are	50727
necessary. The council shall issue a report of its activities,	50728
findings, and recommendations to the governor, the speaker of the	50729
house of representatives, and the president of the senate not	50730
later than July 30, 2004. Thereafter, the council periodically	50731
shall report its activities, findings, and recommendations to the	50732
governor, the speaker of the house of representatives, and the	50733
president of the senate.	50734

(C) The council shall meet quarterly. Its first quarterly	50735
meeting after the effective date of this amendment shall be held	50736
not later than August 1, 2003.	50737

Sec. 5111.65. As used in sections 5111.65 to 5111.6810 of	50738
the Revised Code:	50739

(A) "Change of operator" means an entering operator becoming	50740
the operator of a nursing facility or intermediate care facility	50741
for the mentally retarded in the place of the exiting operator.	50742

(1) Actions that constitute a change of operator include, but	50743
are not limited to, the following:	50744

(a) A change in an exiting operator's form of legal	50745
organization, including the formation of a partnership or	50746
corporation from a sole proprietorship;	50747

(b) A transfer of all the exiting operator's ownership	50748
interest in the operation of the facility to the entering	50749
operator, regardless of whether ownership of any or all of the	50750
real property or personal property associated with the facility is	50751
also transferred;	50752

(c) A lease of the facility to the entering operator or the	50753
exiting operator's termination of the lease;	50754

(d) If the exiting operator is a partnership, dissolution of	50755
the partnership;	50756

(e) If the exiting operator is a partnership, a change in	50757
composition of the partnership unless both of the following apply:	50758

(i) The change in composition does not cause the	50759
partnership's dissolution under state law.	50760

(ii) The partners agree that the change in composition does	50761
not constitute a change in operator.	50762

(f) If the operator is a corporation, dissolution of the	50763
corporation, a merger of the corporation with another corporation	50764
that is the survivor of the merger, or a consolidation of one or	50765
more other corporations to form a new corporation.	50766

(2) The following, alone, do not constitute a change of	50767
operator:	50768

(a) A contract for an entity to manage a nursing facility or	50769
intermediate care facility for the mentally retarded as the	50770
operator's agent, subject to the operator's approval of daily	50771
operating and management decisions;	50772

(b) A change of ownership, lease, or termination of a lease	50773
of real property or personal property associated with a nursing	50774
facility or intermediate care facility for the mentally retarded	50775
if an entering operator does not become the operator in place of	50776
an exiting operator;	50777

(c) If the operator is a corporation, a change of one or more	50778
members of the corporation's governing body or transfer of	50779
ownership of one or more shares of the corporation's stock, if the	50780
same corporation continues to be the operator.	50781

(B) "Effective date of a change of operator" means the day	50782
the entering operator becomes the operator of the nursing facility	50783
or intermediate care facility for the mentally retarded.	50784

(C) "Effective date of a facility closure" means the last day	50785
that the last of the residents of the nursing facility or	50786
intermediate care facility for the mentally retarded resides in	50787
the facility.	50788

(D) "Effective date of a voluntary termination" means the day	50789
the intermediate care facility for the mentally retarded ceases to	50790
accept medicaid patients.	50791

(E) "Effective date of a voluntary withdrawal of	50792
participation" means the day the nursing facility ceases to accept	50793
new medicaid patients other than the individuals who reside in the	50794
nursing facility on the day before the effective date of the	50795
voluntary withdrawal of participation.	50796

(F) "Entering operator" means the person or government entity	50797
that will become the operator of a nursing facility or	50798
intermediate care facility for the mentally retarded when a change	50799
of operator occurs.	50800

(G) "Exiting operator" means any of the following:

50801

(1) An operator that will cease to be the operator of a	50802
nursing facility or intermediate care facility for the mentally	50803
retarded on the effective date of a change of operator;	50804

(2) An operator that will cease to be the operator of a	50805
nursing facility or intermediate care facility for the mentally	50806
retarded on the effective date of a facility closure;	50807

(3) An operator of an intermediate care facility for the	50808
mentally retarded that is undergoing or has undergone a voluntary	50809
termination;	50810

(4) An operator of a nursing facility that is undergoing or	50811
has undergone a voluntary withdrawal of participation.	50812

(H) "Facility closure" means discontinuance of the use of the	50813
building, or part of the building, that houses the facility as a	50814
nursing facility or intermediate care facility for the mentally	50815
retarded that results in the relocation of all of the facility's	50816
residents. A facility closure occurs regardless of any of the	50817
following:	50818

(1) The operator completely or partially replacing the	50819
facility by constructing a new facility or transferring the	50820
facility's license to another facility;	50821

(2) The facility's residents relocating to another of the	50822
operator's facilities;	50823

(3) Any action the department of health takes regarding the	50824
facility's certification under Title XIX of the "Social Security	50825
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, that may	50826
result in the transfer of part of the facility's survey findings	50827
to another of the operator's facilities;	50828

(4) Any action the department of health takes regarding the	50829
facility's license under Chapter 3721. of the Revised Code;	50830

(5) Any action the department of mental retardation and	50831
developmental disabilities takes regarding the facility's license	50832
under section 5123.19 of the Revised Code.	50833

(I) "Fiscal year" means the fiscal year of this state, as	50834
specified in section 9.34 of the Revised Code.	50835

(J) "Intermediate care facility for the mentally retarded,"	50836
"nursing home," "operator," and "owner" have the same meanings as	50837
in section 5111.20 of the Revised Code.	50838

(K) "Provider agreement" means a contract between the	50839
department of job and family services and the operator of a	50840
nursing facility or intermediate care facility for the mentally	50841
retarded for the provision of nursing facility services or	50842
intermediate care facility services for the mentally retarded	50843
under the medical assistance program.	50844

(L) "Voluntary termination" means an operator's voluntary	50845
election to terminate the participation of an intermediate care	50846
facility for the mentally retarded in the medicaid program but to	50847
continue to provide service of the type provided by a residential	50848
facility as defined in section 5123.19 of the Revised Code.	50849

(M) "Voluntary withdrawal of participation" means an	50850
operator's voluntary election to terminate the participation of a	50851
nursing facility in the medicaid program but to continue to	50852
provide service of the type provided by nursing facilities.	50853

Sec. 5111.66. An exiting operator or owner of a nursing	50854
facility or intermediate care facility for the mentally retarded	50855
participating in the medicaid program shall provide the department	50856
of job and family services written notice of a facility closure,	50857
voluntary termination, or voluntary withdrawal of participation	50858
not less than ninety days before the effective date of the	50859
facility closure, voluntary termination, or voluntary withdrawal	50860
of participation. The written notice shall include all of the	50861
following:	50862

(A) The name of the exiting operator and, if any, the exiting	50863
operator's authorized agent;	50864

(B) The name of the nursing facility or intermediate care	50865
facility for the mentally retarded that is the subject of the	50866
facility closure, voluntary termination, or voluntary withdrawal	50867
of participation;	50868

(C) The exiting operator's medicaid provider agreement	50869
number;	50870

(D) The effective date of the facility closure, voluntary	50871
termination, or voluntary withdrawal of participation;	50872

(E) The signature of the exiting operator's or owner's	50873
representative.	50874

Sec. 5111.661. An operator shall comply with section	50875
1919(c)(2)(F) of the "Social Security Act," 79 Stat. 286 (1965),	50876
42 U.S.C. 1396r(c)(2)(F) if the operator's nursing facility	50877
undergoes a voluntary withdrawal of participation.	50878

Sec. 5111.67. (A) An exiting operator or owner and entering	50879
operator shall provide the department of job and family services	50880
written notice of a change of operator if the nursing facility or	50881
intermediate care facility for the mentally retarded participates	50882
in the medicaid program and the entering operator seeks to	50883
continue the facility's participation. The written notice shall be	50884
provided to the department not later than forty-five days before	50885
the effective date of the change of operator if the change of	50886
operator does not entail the relocation of residents. The written	50887
notice shall be provided to the department not later than ninety	50888
days before the effective date of the change of operator if the	50889
change of operator entails the relocation of residents. The	50890
written notice shall include all of the following:	50891

(1) The name of the exiting operator and, if any, the exiting	50892
operator's authorized agent;	50893

(2) The name of the nursing facility or intermediate care	50894
facility for the mentally retarded that is the subject of the	50895
change of operator;	50896

(3) The exiting operator's medicaid provider agreement	50897
number;	50898

(4) The name of the entering operator;

50899

(5) The effective date of the change of operator;

50900

(6) The manner in which the entering operator becomes the	50901
facility's operator, including through sale, lease, merger, or	50902
other action;	50903

(7) If the manner in which the entering operator becomes the	50904
facility's operator involves more than one step, a description of	50905
each step;	50906

(8) Written authorization from the exiting operator or owner	50907
and entering operator for the department to process a provider	50908
agreement for the entering operator;	50909

(9) The signature of the exiting operator's or owner's	50910
representative.	50911

(B) The entering operator shall include a completed	50912
application for a provider agreement with the written notice to	50913
the department. The entering operator shall attach to the	50914
application the following:	50915

(1) If the written notice is provided to the department	50916
before the date the exiting operator or owner and entering	50917
operator complete the transaction for the change of operator, all	50918
the proposed leases, management agreements, merger agreements and	50919
supporting documents, and sales contracts and supporting documents	50920
relating to the facility's change of operator;	50921

(2) If the written notice is provided to the department on or	50922
after the date the exiting operator or owner and entering operator	50923
complete the transaction for the change of operator, copies of all	50924
the executed leases, management agreements, merger agreements and	50925
supporting documents, and sales contracts and supporting documents	50926
relating to the facility's change of operator.	50927

Sec. 5111.671. The department of job and family services may	50928
enter into a provider agreement with an entering operator that	50929
goes into effect at 12:01 a.m. on the effective date of the change	50930
of operator if all of the following requirements are met:	50931

(A) The department receives a properly completed written	50932
notice required by section 5111.67 of the Revised Code on or	50933
before the date required by that section.	50934

(B) The entering operator furnishes to the department copies	50935
of all the fully executed leases, management agreements, merger	50936
agreements and supporting documents, and sales contracts and	50937
supporting documents relating to the change of operator not later	50938
than ten days after the effective date of the change of operator.	50939

(C) The entering operator is eligible for medicaid payments	50940
as provided in section 5111.21 of the Revised Code.	50941

Sec. 5111.672. (A) The department of job and family services	50942
may enter into a provider agreement with an entering operator that	50943
goes into effect at 12:01 a.m. on the date determined under	50944
division (B) of this section if all of the following are the case:	50945

(1) The department receives a properly completed written	50946
notice required by section 5111.67 of the Revised Code.	50947

(2) The entering operator furnishes to the department copies	50948
of all the fully executed leases, management agreements, merger	50949
agreements and supporting documents, and sales contracts and	50950
supporting documents relating to change of operator.	50951

(3) The requirement of division (A)(1) of this section is met	50952
after the time required by section 5111.67 of the Revised Code,	50953
the requirement of division (A)(2) of this section is met more	50954
than ten days after the effective date of the change of operator,	50955
or both.	50956

(4) The entering operator is eligible for medicaid payments	50957
as provided in section 5111.21 of the Revised Code.	50958

(B) The department shall determine the date a provider	50959
agreement entered into under this section is to go into effect as	50960
follows:	50961

(1) The effective date shall give the department sufficient	50962
time to process the change of operator, assure no duplicate	50963
payments are made, make the withholding required by section	50964
5111.681 of the Revised Code, and withhold the final payment to	50965
the exiting operator until the following:	50966

(a) Ninety days after the exiting operator submits to the	50967
department a properly completed cost report under section 5111.683	50968
of the Revised Code;	50969

(b) One hundred eighty days after the department waives the	50970
cost report requirement of section 5111.683 of the Revised Code.	50971

(2) The effective date shall be not earlier than the later of	50972
the effective date of the change of operator or the date that the	50973
exiting operator or owner and entering operator comply with	50974
section 5111.67 of the Revised Code.	50975

(3) The effective date shall be not later than the following	50976
after the later of the dates specified in division (B)(2) of this	50977
section:	50978

(a) Forty-five days if the change of operator does not entail	50979
the relocation of residents;	50980

(b) Ninety days if the change of operator entails the	50981
relocation of residents.	50982

Sec. 5111.673. A provider agreement that the department of	50983
job and family services enters into with an entering operator	50984
under section 5111.671 or 5111.672 of the Revised Code shall	50985
satisfy all of the following requirements:	50986

(A) Comply with all applicable federal statutes and	50987
regulations;	50988

(B) Comply with section 5111.22 of the Revised Code and all	50989
other applicable state statutes and rules;	50990

(C) Include all the terms and conditions of the exiting	50991
operator's provider agreement, including, but not limited to, all	50992
of the following:	50993

(1) Any plan of correction;

50994

(2) Compliance with health and safety standards;

50995

(3) Compliance with the ownership and financial interest	50996
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	50997

(4) Compliance with the civil rights requirements of 45	50998
C.F.R. parts 80, 84, and 90;	50999

(5) Compliance with additional requirements imposed by the	51000
department;	51001

(6) Any sanctions relating to remedies for violation of the	51002
provider agreement, including deficiencies, compliance periods,	51003
accountability periods, monetary penalties, notification for	51004
correction of contract violations, and history of deficiencies.	51005

(D) Require the entering operator to assume the exiting	51006
operator's remaining debt to the department and United States	51007
centers for medicare and medicaid services that the department is	51008
unable to collect from the exiting operator.	51009

Sec. 5111.674. In the case of a change of operator, the	51010
exiting operator shall be considered to be the operator of the	51011
nursing facility or intermediate care facility for the mentally	51012
retarded for purposes of the medicaid program, including medicaid	51013
payments, until the effective date of the entering operator's	51014
provider agreement if the provider agreement is entered into under	51015
section 5111.671 or 5111.672 of the Revised Code.	51016

Sec. 5111.675. The department of job and family services may	51017
enter into a provider agreement as provided in section 5111.22 of	51018
the Revised Code, rather than section 5111.671 or 5111.672 of the	51019
Revised Code, with an entering operator if the entering operator	51020
does not agree to a provider agreement that satisfies the	51021
requirements of division (C) or (D) of section 5111.673 of the	51022
Revised Code. The department may not enter into the provider	51023
agreement unless the department of health certifies the nursing	51024
facility or intermediate care facility for the mentally retarded	51025
under Title XIX of the "Social Security Act," 79 Stat. 286 (1965),	51026
42 U.S.C.A. 1396, as amended. The effective date of the provider	51027
agreement shall not precede any of the following:	51028

(A) The date that the department of health certifies the	51029
facility;	51030

(B) The effective date of the change of operator;

51031

(C) The date the requirement of section 5111.67 of the	51032
Revised Code is satisfied.	51033

Sec. 5111.676. The director of job and family services may	51034
adopt rules in accordance with Chapter 119. of the Revised Code	51035
governing adjustments to the medicaid reimbursement rate for a	51036
nursing facility or intermediate care facility for the mentally	51037
retarded that undergoes a change of operator. No rate adjustment	51038
resulting from a change of operator shall be effective before the	51039
effective date of the entering operator's provider agreement. This	51040
is the case regardless of whether the provider agreement is	51041
entered into under section 5111.671, section 5111.672, or,	51042
pursuant to section 5111.675, section 5111.22 of the Revised Code.	51043

Sec. 5111.677. Neither of the following shall affect the	51044
department of job and family services' determination of whether or	51045
when a change of operator occurs or the effective date of an	51046
entering operator's provider agreement under section 5111.671,	51047
section 5111.672, or, pursuant to section 5111.675, section	51048
5111.22 of the Revised Code:	51049

(A) The department of health's determination that a change of	51050
operator has or has not occurred for purposes of licensure under	51051
Chapter 3721. of the Revised Code;	51052

(B) The department of mental retardation and developmental	51053
disabilities' determination that a change of operator has or has	51054
not occurred for purposes of licensure under section 5123.19 of	51055
the Revised Code.	51056

Sec. 5111.68. (A) On receipt of a written notice under	51057
section 5111.66 of the Revised Code of a facility closure,	51058
voluntary termination, or voluntary withdrawal of participation or	51059
a written notice under section 5111.67 of the Revised Code of a	51060
change of operator, the department of job and family services	51061
shall determine the amount of any overpayments made under the	51062
medicaid program to the exiting operator, including overpayments	51063
the exiting operator disputes, and other actual and potential	51064
debts the exiting operator owes or may owe to the department and	51065
United States centers for medicare and medicaid services under the	51066
medicaid program. In determining the exiting operator's other	51067
actual and potential debts to the department under the medicaid	51068
program, the department shall include all of the following that	51069
the department determines is applicable:	51070

(1) Refunds due the department under division (G) of section	51071
5111.25 of the Revised Code or division (H) of section 5111.251 of	51072
the Revised Code;	51073

(2) Interest owed to the department and United States centers	51074
for medicare and medicaid services;	51075

(3) Final civil monetary and other penalties for which all	51076
right of appeal has been exhausted;	51077

(4) Third-party liabilities;

51078

(5) Money owed the department and United States centers for	51079
medicare and medicaid services from any outstanding final fiscal	51080
audit, including a final fiscal audit for the last fiscal year or	51081
portion thereof in which the exiting operator participated in the	51082
medicaid program.	51083

(B) If the department is unable to determine the amount of	51084
the overpayments and other debts for any period before the	51085
effective date of the entering operator's provider agreement or	51086
the effective date of the facility closure, voluntary termination,	51087
or voluntary withdrawal of participation, the department shall	51088
make a reasonable estimate of the overpayments and other debts for	51089
the period. The department shall make the estimate using	51090
information available to the department, including prior	51091
determinations of overpayments and other debts.	51092

Sec. 5111.681. (A) The department of job and family services	51093
shall withhold the greater of the following from payment due an	51094
exiting operator under the medicaid program:	51095

(1) The total amount of any overpayments made under the	51096
medicaid program to the exiting operator, including overpayments	51097
the exiting operator disputes, and other actual and potential	51098
debts, including any unpaid penalties, the exiting operator owes	51099
or may owe to the department and United States centers for	51100
medicare and medicaid services under the medicaid program;	51101

(2) An amount equal to the average amount of monthly payments	51102
to the exiting operator under the medicaid program for the	51103
twelve-month period immediately preceding the month that includes	51104
the last day the exiting operator's provider agreement is in	51105
effect or, in the case of a voluntary withdrawal of participation,	51106
the effective date of the voluntary withdrawal of participation.	51107

(B) The department may transfer the amount withheld under	51108
division (A) of this section to an escrow account with a bank,	51109
trust company, or savings and loan association.	51110

(C) If payment due an exiting operator under the medicaid	51111
program is less than the amount the department is required to	51112
withhold under division (A) of this section, the department shall	51113
require that the exiting operator provide the difference in the	51114
form of a security.	51115

(D) The department shall release to the exiting operator the	51116
actual amount withheld under division (A) of this section if the	51117
department allows the exiting operator to provide the department a	51118
security in the amount the department is required to withhold	51119
under division (A) of this section, less any of that amount	51120
provided to the department in the form of a security under	51121
division (C) of this section.	51122

(E) Security provided to the department under division (C) or	51123
(D) of this section shall be in either or both of the following	51124
forms:	51125

(1) In the case of a change of operator, the entering	51126
operator's nontransferable, unconditional, written agreement to	51127
pay the department any debt the exiting operator owes the	51128
department under the medicaid program;	51129

(2) In the case of a change of operator, facility closure,	51130
voluntary termination, or voluntary withdrawal of participation, a	51131
form of collateral or security acceptable to the department that	51132
satisfies both of the following conditions:	51133

(a) Is at least equal to the amount the department is	51134
required to withhold under division (A) of this section, less any	51135
amounts the department has received through actual withholding or	51136
one or more other forms of security under this division;	51137

(b) Is payable to the department if the exiting operator	51138
fails to pay any debt owed the department under the medicaid	51139
program within fifteen days of receiving the department's written	51140
demand for payment of the debt.	51141

Sec. 5111.682. An entering operator that provides the	51142
department of job and family services a security in the form	51143
provided by division (E)(1) of section 5111.681 of the Revised	51144
Code shall also provide the department a list of the entering	51145
operator's assets and liabilities. The department shall determine	51146
whether the assets are sufficient for the purpose of the security.	51147

Sec. 5111.683. (A) Except as provided in division (B) of this	51148
section, an exiting operator shall file with the department of job	51149
and family services a cost report not later than ninety days after	51150
the last day the exiting operator's provider agreement is in	51151
effect or, in the case of a voluntary withdrawal of participation,	51152
the effective date of the voluntary withdrawal of participation.	51153
The cost report shall cover the period that begins with the day	51154
after the last day covered by the operator's most recent previous	51155
cost report required by section 5111.26 of the Revised Code and	51156
ends on the last day the exiting operator's provider agreement is	51157
in effect or, in the case of a voluntary withdrawal of	51158
participation, the effective date of the voluntary withdrawal of	51159
participation. The cost report shall include, as applicable, all	51160
of the following:	51161

(1) The sale price of the nursing facility or intermediate	51162
care facility for the mentally retarded;	51163

(2) A final depreciation schedule that shows which assets are	51164
transferred to the buyer and which assets are not transferred to	51165
the buyer;	51166

(3) Any other information the department requires.

51167

(B) The department, at its sole discretion, may waive the	51168
requirement that an exiting operator file a cost report in	51169
accordance with division (A) of this section.	51170

Sec. 5111.684. If an exiting operator required by section	51171
5111.683 of the Revised Code to file a cost report with the	51172
department of job and family services fails to file the cost	51173
report in accordance with that section, all payments under the	51174
medicaid program for the period the cost report is required to	51175
cover are deemed overpayments until the date the department	51176
receives the properly completed cost report. The department may	51177
impose on the exiting operator a penalty of one hundred dollars	51178
for each calendar day the properly completed cost report is late.	51179

Sec. 5111.685. The department of job and family services may	51180
not provide an exiting operator final payment under the medicaid	51181
program until the department receives all properly completed cost	51182
reports the exiting operator is required to file under sections	51183
5111.26 and 5111.683 of the Revised Code.	51184

Sec. 5111.686. The department of job and family services	51185
shall determine the actual amount of debt an exiting operator owes	51186
the department under the medicaid program by completing all final	51187
fiscal audits not already completed and performing all other	51188
appropriate actions the department determines to be necessary. The	51189
department shall issue a report on this matter not later than	51190
ninety days after the date the exiting operator files the properly	51191
completed cost report required by section 5111.683 of the Revised	51192
Code with the department or, if the department waives the cost	51193
report requirement for the exiting operator, one hundred eighty	51194
days after the date the department waives the cost report	51195
requirement. The report shall include the department's findings	51196
and the amount of debt the department determines the exiting	51197
operator owes the department and United States centers for	51198
medicare and medicaid services under the medicaid program. Only	51199
the parts of the report that are subject to an adjudication as	51200
specified in division (B) of section 5111.29 of the Revised Code	51201
are subject to an adjudication conducted in accordance with	51202
Chapter 119. of the Revised Code.	51203

Sec. 5111.687. The department of job and family services	51204
shall release the actual amount withheld under division (A) of	51205
section 5111.681 of the Revised Code, and any security provided to	51206
the department under that section, less any amount the exiting	51207
operator owes the department and United States centers for	51208
medicare and medicaid services under the medicaid program, as	51209
follows:	51210

(A) Ninety-one days after the date the exiting operator files	51211
a properly completed cost report required by section 5111.683 of	51212
the Revised Code unless the department issues the report required	51213
by section 5111.686 of the Revised Code not later than ninety days	51214
after the date the exiting operator files the properly completed	51215
cost report;	51216

(B) Not later than fifteen days after the exiting operator	51217
agrees to a final fiscal audit resulting from the report required	51218
by section 5111.686 of the Revised Code if the department issues	51219
the report not later than ninety days after the date the exiting	51220
operator files a properly completed cost report required by	51221
section 5111.683 of the Revised Code;	51222

(C) One hundred eighty-one days after the date the department	51223
waives the cost report requirement of section 5111.683 of the	51224
Revised Code unless the department issues the report required by	51225
section 5111.686 of the Revised Code not later than one hundred	51226
eighty days after the date the department waives the cost report	51227
requirement;	51228

(D) Not later than fifteen days after the exiting operator	51229
agrees to a final fiscal audit resulting from the report required	51230
by section 5111.686 of the Revised Code if the department issues	51231
the report not later than one hundred eighty days after the date	51232
the department waives the cost report requirement of section	51233
5111.683 of the Revised Code.	51234

Sec. 5111.688. If the actual amount the department of job and	51235
family services withholds from an exiting operator under division	51236
(A) of section 5111.681 of the Revised Code, and any security	51237
provided to the department under that section, is inadequate to	51238
pay the exiting operator's debt to the department and United	51239
States centers for medicare and medicaid services under the	51240
medicaid program or the department is required to release the	51241
withholdings and security under section 5111.687 of the Revised	51242
Code before the department is paid the exiting operator's debt,	51243
the department shall collect the debt as follows:	51244

(A) From the exiting operator;

51245

(B) From the entering operator if the department is unable to	51246
collect the entire debt from the exiting operator and the entering	51247
operator entered into a provider agreement under section 5111.671	51248
or 5111.672 of the Revised Code. The department may collect the	51249
remaining debt by withholding the amount due from payments to the	51250
entering operator under the medicaid program. The department may	51251
enter into an agreement with the entering operator under which the	51252
entering operator pays the remaining debt, with applicable	51253
interest, in installments from withholdings from the entering	51254
operator's payments under the medicaid program.	51255

Sec. 5111.689. The department of job and family services, at	51256
its sole discretion, may release the amount withheld under	51257
division (A) of section 5111.681 of the Revised Code, and any	51258
security provided to the department under that section, if the	51259
exiting operator submits to the department written notice of a	51260
postponement of a change of operator, facility closure, voluntary	51261
termination, or voluntary withdrawal of participation and the	51262
transactions leading to the change of operator, facility closure,	51263
voluntary termination, or voluntary withdrawal of participation	51264
are postponed for at least thirty days but less than ninety days	51265
after the date originally proposed for the change of operator,	51266
facility closure, voluntary termination, or voluntary withdrawal	51267
of participation as reported in the written notice required by	51268
section 5111.66 or 5111.67 of the Revised Code. The department	51269
shall release the amount withheld and security if the exiting	51270
operator submits to the department written notice of a	51271
cancellation or postponement of a change of operator, facility	51272
closure, voluntary termination, or voluntary withdrawal of	51273
participation and the transactions leading to the change of	51274
operator, facility closure, voluntary termination, or voluntary	51275
withdrawal of participation are canceled, or postponed for more	51276
than ninety days after the date originally proposed for the change	51277
of operator, facility closure, voluntary termination, or voluntary	51278
withdrawal of participation as reported in the written notice	51279
required by section 5111.66 or 5111.67 of the Revised Code.	51280

After the department receives a written notice regarding a	51281
cancellation or postponement of a facility closure, voluntary	51282
termination, or voluntary withdrawal of participation, the exiting	51283
operator or owner shall provide new written notice to the	51284
department under section 5111.66 of the Revised Code regarding any	51285
transactions leading to a facility closure, voluntary termination,	51286
or voluntary withdrawal of participation at a future time. After	51287
the department receives a written notice regarding a cancellation	51288
or postponement of a change of operator, the exiting operator or	51289
owner and entering operator shall provide new written notice to	51290
the department under section 5111.67 of the Revised Code regarding	51291
any transactions leading to a change of operator at a future time.	51292

Sec. 5111.6810. The director of job and family services may	51293
adopt rules in accordance with Chapter 119. of the Revised Code to	51294
implement sections 5111.65 to 5111.6810 of the Revised Code,	51295
including rules applicable to an exiting operator that provides	51296
written notification under section 5111.66 of the Revised Code of	51297
a voluntary withdrawal of participation. Rules adopted under this	51298
section shall comply with section 1919(c)(2)(F) of the "Social	51299
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F),	51300
regarding restrictions on transfers or discharges of nursing	51301
facility residents in the case of a voluntary withdrawal of	51302
participation. The rules may prescribe a medicaid reimbursement	51303
methodology and other procedures that are applicable after the	51304
effective date of a voluntary withdrawal of participation that	51305
differ from the reimbursement methodology and other procedures	51306
that would otherwise apply.	51307

Sec. 5111.85. (A) As used in this section, "medicaid waiver	51308
component" means a component of the medicaid program authorized by	51309
a waiver granted by the United States department of health and	51310
human services under section 1115 or 1915 of the "Social Security	51311
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or 1396n. "Medicaid	51312
waiver component" does not include a ~~managed~~ care management	51313
system established under section ~~5111.17~~5111.16 of the Revised	51314
Code.	51315

(B) The director of job and family services may adopt rules	51316
under Chapter 119. of the Revised Code governing medicaid waiver	51317
components that establish all of the following:	51318

(1) Eligibility requirements for the medicaid waiver	51319
components;	51320

(2) The type, amount, duration, and scope of services the	51321
medicaid waiver components provide;	51322

(3) The conditions under which the medicaid waiver components	51323
cover services;	51324

(4) The amount the medicaid waiver components pay for	51325
services or the method by which the amount is determined;	51326

(5) The manner in which the medicaid waiver components pay	51327
for services;	51328

(6) Safeguards for the health and welfare of medicaid	51329
recipients receiving services under a medicaid waiver component;	51330

(7) Procedures for enforcing the rules, including	51331
establishing corrective action plans for, and imposing financial	51332
and administrative sanctions on, persons and government entities	51333
that violate the rules. Sanctions shall include terminating	51334
medicaid provider agreements. The procedures shall include due	51335
process protections.	51336

(8) Other policies necessary for the efficient administration	51337
of the medicaid waiver components.	51338

(C) The director of job and family services may adopt	51339
different rules for the different medicaid waiver components. The	51340
rules shall be consistent with the terms of the waiver authorizing	51341
the medicaid waiver component.	51342

(D) The director of job and family services may conduct	51343
reviews of the medicaid waiver components. The reviews may include	51344
physical inspections of records and sites where services are	51345
provided under the medicaid waiver components and interviews of	51346
providers and recipients of the services. If the director	51347
determines pursuant to a review that a person or government entity	51348
has violated a rule governing a medicaid waiver component, the	51349
director may establish a corrective action plan for the violator	51350
and impose fiscal, administrative, or both types of sanctions on	51351
the violator in accordance with rules adopted under division (B)	51352
of this section.	51353

Sec. 5111.87. As used in this section and section 5111.871 of	51354
the Revised Code, "intermediate care facility for the mentally	51355
retarded" has the same meaning as in section 5111.20 of the	51356
Revised Code.	51357

The director of job and family services may apply to the	51358
United States secretary of health and human services for one or	51359
more medicaid waivers under which home and community-based	51360
services are provided to individuals with mental retardation or	51361
other developmental disability as an alternative to placement in	51362
an intermediate care facility for the mentally retarded. ~~Before~~	51363
~~the director applies~~The director of mental retardation and	51364
developmental disabilities may request that the director of job	51365
and family services apply for one or more medicaid waivers under	51366
this section.	51367

Before applying for a waiver under this section, the director	51368
of job and family services shall seek, accept, and consider public	51369
comments.	51370

Sec. 5111.871. The department of job and family services	51371
shall enter into a contract with the department of mental	51372
retardation and developmental disabilities under section 5111.91	51373
of the Revised Code with regard to one or more of the ~~component~~	51374
components of the medicaid program established by the department	51375
of job and family services under one or more of the medicaid	51376
waivers ~~from the United States secretary of health and human~~	51377
~~services pursuant to section 1915 of the "Social Security Act," 49~~	51378
~~Stat. 620 (1935), 42 U.S.C.A. 1396n, as amended, to provide~~	51379
~~eligible medicaid recipients with home and community-based~~	51380
~~services as an alternative to placement in an intermediate care~~	51381
~~facility for the mentally retarded~~sought under section 5111.87 of	51382
the Revised Code. The contract shall provide for the department of	51383
mental retardation and developmental disabilities to administer	51384
the ~~component~~components in accordance with the terms of the	51385
~~waiver~~waivers. The directors of job and family services and	51386
mental retardation and developmental disabilities shall adopt	51387
rules in accordance with Chapter 119. of the Revised Code	51388
governing the ~~component~~components.	51389

If the department of mental retardation and developmental	51390
disabilities or the department of job and family services denies	51391
an individual's application for home and community-based services	51392
provided under ~~this~~any of these medicaid ~~component~~components,	51393
the department that denied the services shall give timely notice	51394
to the individual that the individual may request a hearing under	51395
section 5101.35 of the Revised Code.	51396

The departments of mental retardation and developmental	51397
disabilities and job and family services may approve, reduce,	51398
deny, or terminate a service included in the individualized	51399
service plan developed for a medicaid recipient eligible for home	51400
and community-based services provided under ~~this~~any of these	51401
medicaid ~~component~~components. The departments shall consider the	51402
recommendations a county board of mental retardation and	51403
developmental disabilities makes under division (A)(1)(c) of	51404
section 5126.055 of the Revised Code. If either department	51405
approves, reduces, denies, or terminates a service, that	51406
department shall give timely notice to the medicaid recipient that	51407
the recipient may request a hearing under section 5101.35 of the	51408
Revised Code.	51409

If supported living or residential services, as defined in	51410
section 5126.01 of the Revised Code, are to be provided under ~~this~~	51411
~~component~~any of these components, any person or government entity	51412
with a current, valid medicaid provider agreement and a current,	51413
valid license under section 5123.19 or certificate under section	51414
5123.045 or 5126.431 of the Revised Code may provide the services.	51415

Sec. 5111.872. When the department of mental retardation and	51416
developmental disabilities allocates enrollment numbers to a	51417
county board of mental retardation and developmental disabilities	51418
for home and community-based services provided under any of the	51419
~~component~~components of the medicaid program that the department	51420
administers under section 5111.871 of the Revised Code, the	51421
department shall consider all of the following:	51422

(A) The number of individuals with mental retardation or	51423
other developmental disability who are on a waiting list the	51424
county board establishes under division (C) of section 5126.042 of	51425
the Revised Code for those services and are given priority on the	51426
waiting list pursuant to division (D) or (E) of that section;	51427

(B) The implementation component required by division (A)(4)	51428
of section 5126.054 of the Revised Code of the county board's plan	51429
approved under section 5123.046 of the Revised Code;	51430

(C) Anything else the department considers necessary to	51431
enable county boards to provide those services to individuals in	51432
accordance with the priority requirements of ~~division~~divisions	51433
(D) and (E) of section 5126.042 of the Revised Code.	51434

Sec. 5111.873. (A) Not later than the effective date of the	51435
first of any medicaid waivers the United States secretary of	51436
health and human services grants pursuant to a request made under	51437
section 5111.87 of the Revised Code, the director of job and	51438
family services shall adopt rules in accordance with Chapter 119.	51439
of the Revised Code establishing statewide fee schedules for home	51440
and community-based services provided under the component of the	51441
medicaid program authorized by that waiver that the department of	51442
mental retardation and developmental disabilities administers	51443
under section 5111.871 of the Revised Code. The rules shall	51444
provide for all of the following:	51445

(1) The department of mental retardation and developmental	51446
disabilities arranging for the initial and ongoing collection of	51447
cost information from a comprehensive, statistically valid sample	51448
of persons and government entities providing the services at the	51449
time the information is obtained;	51450

(2) The collection of consumer-specific information through	51451
an assessment instrument the department of mental retardation and	51452
developmental disabilities shall provide to the department of job	51453
and family services;	51454

(3) With the information collected pursuant to divisions	51455
(A)(1) and (2) of this section, an analysis of that information,	51456
and other information the director determines relevant, methods	51457
and standards for calculating the fee schedules that do all of the	51458
following:	51459

(a) Assure that the fees are consistent with efficiency,	51460
economy, and quality of care;	51461

(b) Consider the intensity of consumer resource need;

51462

(c) Recognize variations in different geographic areas	51463
regarding the resources necessary to assure the health and welfare	51464
of consumers;	51465

(d) Recognize variations in environmental supports available	51466
to consumers.	51467

(B) As part of the process of adopting rules under this	51468
section, the director shall consult with the director of mental	51469
retardation and developmental disabilities, representatives of	51470
county boards of mental retardation and developmental	51471
disabilities, persons who provide the home and community-based	51472
services, and other persons and government entities the director	51473
identifies.	51474

(C) The directors of job and family services and mental	51475
retardation and developmental disabilities shall review the rules	51476
adopted under this section at times they determine to ensure that	51477
the methods and standards established by the rules for calculating	51478
the fee schedules continue to do everything that division (A)(3)	51479
of this section requires.	51480

Sec. 5111.911. Any contract the department of job and family	51481
services enters into with the department of mental health or	51482
department of alcohol and drug addiction services under section	51483
5111.91 of the Revised Code is subject to the approval of the	51484
director of budget and management and shall require or specify all	51485
of the following:	51486

(A) In the case of a contract with the department of mental	51487
health, that section 5111.912 of the Revised Code be complied	51488
with;	51489

(B) In the case of a contract with the department of alcohol	51490
and drug addiction services, that section 5111.913 of the Revised	51491
Code be complied with;	51492

51493

(D) The department of mental health's or department of	51494
alcohol and drug addiction services' responsibilities for	51495
reimbursing providers, including program oversight and quality	51496
assurance.	51497

Sec. 5111.912. If the department of job and family services	51498
enters into a contract with the department of mental health under	51499
section 5111.91 of the Revised Code, the department of mental	51500
health and boards of alcohol, drug addiction, and mental health	51501
services shall pay the nonfederal share of any medicaid payment to	51502
a provider for services under the component, or aspect of the	51503
component, the department of mental health administers.	51504

Sec. 5111.913. If the department of job and family services	51505
enters into a contract with the department of alcohol and drug	51506
addiction services under section 5111.91 of the Revised Code, the	51507
department of alcohol and drug addiction services and boards of	51508
alcohol, drug addiction, and mental health services shall pay the	51509
nonfederal share of any medicaid payment to a provider for	51510
services under the component, or aspect of the component, the	51511
department of alcohol and drug addiction services administers.	51512

Sec. 5111.94. (A) As used in this section, "vendor offset"	51513
means a reduction of a medicaid payment to a medicaid provider to	51514
correct a previous, incorrect medicaid payment to that provider.	51515

(B) There is hereby created in the state treasury the health	51516
care services administration fund. Except as provided in division	51517
(C) of this section, all the following shall be deposited into the	51518
fund:	51519

(1) Amounts deposited into the fund pursuant to sections	51520
5111.92 and 5111.93 of the Revised Code;	51521

(2) The amount of the state share of all money the department	51522
of job and family services, in fiscal year 2003 and each fiscal	51523
year thereafter, recovers pursuant to a tort action under the	51524
department's right of recovery under section 5101.58 of the	51525
Revised Code that exceeds the state share of all money the	51526
department, in fiscal year 2002, recovers pursuant to a tort	51527
action under that right of recovery;	51528

(3) Subject to division (D) of this section, the amount of	51529
the state share of all money the department of job and family	51530
services, in fiscal year 2003 and each fiscal year thereafter,	51531
recovers through audits of medicaid providers that exceeds the	51532
state share of all money the department, in fiscal year 2002,	51533
recovers through such audits;	51534

(4) ~~Until October 16, 2003, amounts~~Amounts from assessments	51535
on hospitals under section 5112.06 of the Revised Code and	51536
intergovernmental transfers by governmental hospitals under	51537
section 5112.07 of the Revised Code that are deposited into the	51538
fund in accordance with the law.	51539

(C) No funds shall be deposited into the health care services	51540
administration fund in violation of federal statutes or	51541
regulations.	51542

(D) In determining under division (B)(3) of this section the	51543
amount of money the department, in a fiscal year, recovers through	51544
audits of medicaid providers, the amount recovered in the form of	51545
vendor offset shall be excluded.	51546

(E) The director of job and family services shall use funds	51547
available in the health care services administration fund to pay	51548
for costs associated with the administration of the medicaid	51549
program.	51550

Sec. 5111.95. (A) As used in this section:

51551

(1) "Applicant" means a person who is under final	51552
consideration for employment or, after the effective date of this	51553
section, an existing employee with a waiver agency in a full-time,	51554
part-time, or temporary position that involves providing home and	51555
community-based waiver services to a person with disabilities.	51556
"Applicant" also means an existing employee with a waiver agency	51557
in a full-time, part-time, or temporary position that involves	51558
providing home and community-based waiver services to a person	51559
with disabilities after the effective date of this section.	51560

(2) "Criminal records check" has the same meaning as in	51561
section 109.572 of the Revised Code.	51562

(3) "Waiver agency" means a person or government entity that	51563
is not certified under the medicare program and is accredited by	51564
the community health accreditation program or the joint commission	51565
on accreditation of health care organizations or a company that	51566
provides home and community-based waiver services to persons with	51567
disabilities through department of job and family services	51568
administered home and community-based waiver programs. "Waiver	51569
agency" does not include a person or government entity that	51570
provides home and community-based waiver services through	51571
components of the medicaid program being administered by the	51572
department of mental retardation and developmental disabilities	51573
pursuant to a contract entered into with the department of job and	51574
family services under section 5111.871 of the Revised Code.	51575

(4) "Home and community-based waiver services" means services	51576
furnished under the provision of 42 C.F.R. 441, subpart G, that	51577
permit individuals to live in a home setting rather than a nursing	51578
facility or hospital. Home and community-based waiver services are	51579
approved by the centers for medicare and medicaid for specific	51580
populations and are not otherwise available under the medicaid	51581
state plan.	51582

(B)(1) The chief administrator of a waiver agency shall	51583
request that the superintendent of the bureau of criminal	51584
identification and investigation conduct a criminal records check	51585
with respect to each applicant. If an applicant for whom a	51586
criminal records check request is required under this division	51587
does not present proof of having been a resident of this state for	51588
the five-year period immediately prior to the date the criminal	51589
records check is requested or provide evidence that within that	51590
five-year period the superintendent has requested information	51591
about the applicant from the federal bureau of investigation in a	51592
criminal records check, the chief administrator shall request that	51593
the superintendent obtain information from the federal bureau of	51594
investigation as part of the criminal records check of the	51595
applicant. Even if an applicant for whom a criminal records check	51596
request is required under this division presents proof of having	51597
been a resident of this state for the five-year period, the chief	51598
administrator may request that the superintendent include	51599
information from the federal bureau of investigation in the	51600
criminal records check.	51601

(2) A person required by division (B)(1) of this section to	51602
request a criminal records check shall do both of the following:	51603

(a) Provide to each applicant for whom a criminal records	51604
check request is required under division (B)(1) of this section a	51605
copy of the form prescribed pursuant to division (C)(1) of section	51606
109.572 of the Revised Code and a standard fingerprint impression	51607
sheet prescribed pursuant to division (C)(2) of that section, and	51608
obtain the completed form and impression sheet from the applicant;	51609

(b) Forward the completed form and impression sheet to the	51610
superintendent of the bureau of criminal identification and	51611
investigation.	51612

(3) An applicant provided the form and fingerprint impression	51613
sheet under division (B)(2)(a) of this section who fails to	51614
complete the form or provide fingerprint impressions shall not be	51615
employed in any position in a waiver agency for which a criminal	51616
records check is required by this section.	51617

(C)(1) Except as provided in rules adopted by the department	51618
of job and family services in accordance with division (F) of this	51619
section and subject to division (C)(2) of this section, no waiver	51620
agency shall employ a person in a position that involves providing	51621
home and community-based waiver services to persons with	51622
disabilities if the person has been convicted of or pleaded guilty	51623
to any of the following:	51624

(a) A violation of section 2903.01, 2903.02, 2903.03,	51625
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	51626
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	51627
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	51628
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	51629
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	51630
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	51631
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	51632
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	51633
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	51634
Revised Code, felonious sexual penetration in violation of former	51635
section 2907.12 of the Revised Code, a violation of section	51636
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	51637
violation of section 2919.23 of the Revised Code that would have	51638
been a violation of section 2905.04 of the Revised Code as it	51639
existed prior to July 1, 1996, had the violation been committed	51640
prior to that date;	51641

(b) An existing or former law of this state, any other state,	51642
or the United States that is substantially equivalent to any of	51643
the offenses listed in division (C)(1)(a) of this section.	51644

(2)(a) A waiver agency may employ conditionally an applicant	51645
for whom a criminal records check request is required under	51646
division (B) of this section prior to obtaining the results of a	51647
criminal records check regarding the individual, provided that the	51648
agency shall request a criminal records check regarding the	51649
individual in accordance with division (B)(1) of this section not	51650
later than five business days after the individual begins	51651
conditional employment.	51652

(b) A waiver agency that employs an individual conditionally	51653
under authority of division (C)(2)(a) of this section shall	51654
terminate the individual's employment if the results of the	51655
criminal records check request under division (B) of this section,	51656
other than the results of any request for information from the	51657
federal bureau of investigation, are not obtained within the	51658
period ending sixty days after the date the request is made.	51659
Regardless of when the results of the criminal records check are	51660
obtained, if the results indicate that the individual has been	51661
convicted of or pleaded guilty to any of the offenses listed or	51662
described in division (C)(1) of this section, the agency shall	51663
terminate the individual's employment unless the agency chooses to	51664
employ the individual pursuant to division (F) of this section.	51665
Termination of employment under this division shall be considered	51666
just cause for discharge for purposes of division (D)(2) of	51667
section 4141.29 of the Revised Code if the individual makes any	51668
attempt to deceive the agency about the individual's criminal	51669
record.	51670

(D)(1) Each waiver agency shall pay to the bureau of criminal	51671
identification and investigation the fee prescribed pursuant to	51672
division (C)(3) of section 109.572 of the Revised Code for each	51673
criminal records check conducted pursuant to a request made under	51674
division (B) of this section.	51675

(2) A waiver agency may charge an applicant a fee not	51676
exceeding the amount the agency pays under division (D)(1) of this	51677
section. An agency may collect a fee only if the agency notifies	51678
the person at the time of initial application for employment of	51679
the amount of the fee and that, unless the fee is paid, the person	51680
will not be considered for employment.	51681

(E) The report of any criminal records check conducted	51682
pursuant to a request made under this section is not a public	51683
record for the purposes of section 149.43 of the Revised Code and	51684
shall not be made available to any person other than the	51685
following:	51686

(1) The individual who is the subject of the criminal records	51687
check or the individual's representative;	51688

(2) The chief administrator of the agency requesting the	51689
criminal records check or the administrator's representative;	51690

(3) A court, hearing officer, or other necessary individual	51691
involved in a case dealing with a denial of employment of the	51692
applicant or dealing with employment or unemployment benefits of	51693
the applicant.	51694

(F) The department shall adopt rules in accordance with	51695
Chapter 119. of the Revised Code to implement this section. The	51696
rules shall specify circumstances under which a waiver agency may	51697
employ a person who has been convicted of or pleaded guilty to an	51698
offense listed or described in division (C)(1) of this section but	51699
meets personal character standards set by the department.	51700

(G) The chief administrator of a waiver agency shall inform	51701
each person, at the time of initial application for a position	51702
that involves providing home and community-based waiver services	51703
to a person with a disability, that the person is required to	51704
provide a set of fingerprint impressions and that a criminal	51705
records check is required to be conducted if the person comes	51706
under final consideration for employment.	51707

(H)(1) A person who, on the effective date of this section,	51708
is an employee of a waiver agency in a full-time, part-time, or	51709
temporary position that involves providing home and	51710
community-based waiver services to a person with disabilities	51711
shall comply with this section within sixty days after the	51712
effective date of this section unless division (H)(2) of this	51713
section applies.	51714

(2) This section shall not apply to a person to whom all of	51715
the following apply:	51716

(a) On the effective date of this section, the person is an	51717
employee of a waiver agency in a full-time, part-time, or	51718
temporary position that involves providing home and	51719
community-based waiver services to a person with disabilities.	51720

(b) The person previously had been the subject of a criminal	51721
background check relating to that position;	51722

(c) The person has been continuously employed in that	51723
position since that criminal background check had been conducted.	51724

Sec. 5111.96. (A) As used in this section:

51725

(1) "Anniversary date" means the later of the effective date	51726
of the provider agreement relating to the independent provider or	51727
sixty days after the effective date of this section.	51728

(2) "Criminal records check" has the same meaning as in	51729
section 109.572 of the Revised Code.	51730

(3) "The department" means the department of job and family	51731
services or its designee.	51732

(4) "Independent provider" means a person who is submitting	51733
an application for a provider agreement or who has a provider	51734
agreement as an independent provider in a department of job and	51735
family services administered home and community-based services	51736
program providing home and community-based waiver services to	51737
consumers with disabilities.	51738

(5) "Home and community-based waiver services" has the same	51739
meaning as in section 5111.95 of the Revised Code.	51740

(B)(1) The department shall inform each independent provider,	51741
at the time of initial application for a provider agreement that	51742
involves providing home and community-based waiver services to	51743
consumers with disabilities, that the independent provider is	51744
required to provide a set of fingerprint impressions and that a	51745
criminal records check is required to be conducted if the person	51746
is to become an independent provider in a department administered	51747
home and community-based waiver program.	51748

(2) Beginning on the effective date of this section, the	51749
department shall inform each enrolled medicaid independent	51750
provider on or before time of the anniversary date of the provider	51751
agreement that involves providing home and community-based waiver	51752
services to consumers with disabilities that the independent	51753
provider is required to provide a set of fingerprint impressions	51754
and that a criminal records check is required to be conducted.	51755

(C)(1) The department shall require the independent provider	51756
to complete a criminal records check prior to entering into a	51757
provider agreement with the independent provider and at least	51758
annually thereafter. If an independent provider for whom a	51759
criminal records check is required under this division does not	51760
present proof of having been a resident of this state for the	51761
five-year period immediately prior to the date the criminal	51762
records check is requested or provide evidence that within that	51763
five-year period the superintendent has requested information	51764
about the applicant from the federal bureau of investigation in a	51765
criminal records check, the department shall request the	51766
independent provider obtain through the superintendent a criminal	51767
records request from the federal bureau of investigation as part	51768
of the criminal records check of the independent provider. Even if	51769
an independent provider for whom a criminal records check request	51770
is required under this division presents proof of having been a	51771
resident of this state for the five-year period, the department	51772
may request that the independent provider obtain information	51773
through the superintendent from the federal bureau of	51774
investigation in the criminal records check.	51775

(2) The department shall do both of the following:

51776

(a) Provide information to each independent provider for whom	51777
a criminal records check request is required under division (C)(1)	51778
of this section about requesting a copy of the form prescribed	51779
pursuant to division (C)(1) of section 109.572 of the Revised Code	51780
and a standard fingerprint impression sheet prescribed pursuant to	51781
division (C)(2) of that section, and obtain the completed form and	51782
impression sheet and fee from the independent provider;	51783

(b) Forward the completed form, impression sheet, and fee to	51784
the superintendent of the bureau of criminal identification and	51785
investigation.	51786

(3) An independent provider given information about obtaining	51787
the form and fingerprint impression sheet under division (C)(2)(a)	51788
of this section who fails to complete the form or provide	51789
fingerprint impressions shall not be approved as an independent	51790
provider.	51791

(D) Except as provided in rules adopted by the department in	51792
accordance with division (G) of this section, the department shall	51793
not issue a new provider agreement to, and shall terminate an	51794
existing provider agreement of, an independent provider if the	51795
person has been convicted of or pleaded guilty to any of the	51796
following:	51797

(1) A violation of section 2903.01, 2903.02, 2903.03,	51798
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	51799
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	51800
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	51801
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	51802
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	51803
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	51804
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	51805
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	51806
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	51807
Revised Code, felonious sexual penetration in violation of former	51808
section 2907.12 of the Revised Code, a violation of section	51809
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	51810
violation of section 2919.23 of the Revised Code that would have	51811
been a violation of section 2905.04 of the Revised Code as it	51812
existed prior to July 1, 1996, had the violation been committed	51813
prior to that date;	51814

(2) An existing or former law of this state, any other state,	51815
or the United States that is substantially equivalent to any of	51816
the offenses listed in division (D)(1) of this section.	51817

(E) Each independent provider shall pay to the bureau of	51818
criminal identification and investigation the fee prescribed	51819
pursuant to division (C)(3) of section 109.572 of the Revised Code	51820
for each criminal records check conducted pursuant to a request	51821
made under division (C) of this section.	51822

(F) The report of any criminal records check conducted by the	51823
bureau of criminal identification and investigation in accordance	51824
with section 109.572 of the Revised Code and pursuant to a request	51825
made under division (C) of this section is not a public record for	51826
the purposes of section 149.43 of the Revised Code and shall not	51827
be made available to any person other than the following:	51828

(1) The person who is the subject of the criminal records	51829
check or the person's representative;	51830

(2) The administrator at the department who is requesting the	51831
criminal records check or the administrator's representative;	51832

(3) Any court, hearing officer, or other necessary individual	51833
involved in a case dealing with a denial or termination of a	51834
provider agreement related to the criminal records check.	51835

(G) The department shall adopt rules in accordance with	51836
Chapter 119. of the Revised Code to implement this section. The	51837
rules shall specify circumstances under which the department may	51838
issue a provider agreement to an independent provider who has been	51839
convicted of or pleaded guilty to an offense listed or described	51840
in division (C)(1) of this section but meets personal character	51841
standards set by the department.	51842

Sec. 5111.97. (A) The director of job and family services may	51843
submit a request to the United States secretary of health and	51844
human services pursuant to section 1915 of the "Social Security	51845
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to obtain	51846
waivers of federal medicaid requirements that would otherwise be	51847
violated in the creation and implementation of two medicaid home	51848
and community-based services programs to replace the Ohio home	51849
care program being operated pursuant to rules adopted under	51850
sections 5111.01 and 5111.02 of the Revised Code and a medicaid	51851
waiver granted prior to the effective date of this section. In the	51852
request, the director may specify the following:	51853

(1) That one of the replacement programs will provide home	51854
and community-based services to individuals in need of nursing	51855
facility care, including individuals enrolled in the Ohio home	51856
care program;	51857

(2) That the other replacement program will provide services	51858
to individuals in need of hospital care, including individuals	51859
enrolled in the Ohio home care program;	51860

(3) That there will be a maximum number of individuals who	51861
may be enrolled in the replacement programs in addition to the	51862
number of individuals to be transferred from the Ohio home care	51863
program;	51864

(4) That there will be a maximum amount the department may	51865
expend each year for each individual enrolled in the replacement	51866
programs;	51867

(5) That there will be a maximum aggregate amount the	51868
department may expend each year for all individuals enrolled in	51869
the replacement programs;	51870

(6) Any other requirement the director selects for the	51871
replacement programs.	51872

(B) If the secretary grants the medicaid waivers requested,	51873
the director may create and implement the replacement programs in	51874
accordance with the provisions of the waivers granted. The	51875
department of job and family services shall administer the	51876
replacement programs.	51877

As the replacement programs are implemented, the director	51878
shall reduce the maximum number of individuals who may be enrolled	51879
in the Ohio home care program by the number of individuals who are	51880
transferred to the replacement programs. When all individuals who	51881
are eligible to be transferred to the replacement programs have	51882
been transferred, the director may submit to the secretary an	51883
amendment to the state medicaid plan to provide for the	51884
elimination of the Ohio home care program.	51885

Sec. 5112.03. (A) The director of job and family services	51886
shall adopt, and may amend and rescind, rules in accordance with	51887
Chapter 119. of the Revised Code for the purpose of administering	51888
sections 5112.01 to 5112.21 of the Revised Code, including rules	51889
that do all of the following:	51890

(1) Define as a "disproportionate share hospital" any	51891
hospital included under subsection (b) of section 1923 of the	51892
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	51893
1396r-4(b), as amended, and any other hospital the director	51894
determines appropriate;	51895

(2) Prescribe the form for submission of cost reports under	51896
section 5112.04 of the Revised Code;	51897

(3) Establish, in accordance with division (A) of section	51898
5112.06 of the Revised Code, the assessment rate or rates to be	51899
applied to hospitals under that section;	51900

(4) Establish schedules for hospitals to pay installments on	51901
their assessments under section 5112.06 of the Revised Code and	51902
for governmental hospitals to pay installments on their	51903
intergovernmental transfers under section 5112.07 of the Revised	51904
Code;	51905

(5) Establish procedures to notify hospitals of adjustments	51906
made under division (B)(2)(b) of section 5112.06 of the Revised	51907
Code in the amount of installments on their assessment;	51908

(6) Establish procedures to notify hospitals of adjustments	51909
made under division (D) of section 5112.09 of the Revised Code in	51910
the total amount of their assessment and to adjust for the	51911
remainder of the program year the amount of the installments on	51912
the assessments;	51913

(7) Establish, in accordance with section 5112.08 of the	51914
Revised Code, the methodology for paying hospitals under that	51915
section.	51916

The director shall consult with hospitals when adopting the	51917
rules required by divisions (A)(4) and (5) of this section in	51918
order to minimize hospitals' cash flow difficulties.	51919

(B) Rules adopted under this section may provide that "total	51920
facility costs" excludes costs associated with any of the	51921
following:	51922

(1) Recipients of the medical assistance program;

51923

(2) Recipients of financial assistance provided under Chapter	51924
5115. of the Revised Code;	51925

(3) Recipients of ~~disability assistance~~ medical assistance	51926
provided under Chapter 5115. of the Revised Code;	51927

~~(3)~~(4) Recipients of the program for medically handicapped	51928
children established under section 3701.023 of the Revised Code;	51929

~~(4)~~(5) Recipients of the medicare program established under	51930
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	51931
U.S.C.A. 301, as amended:	51932

~~(5)~~(6) Recipients of Title V of the "Social Security Act";

51933

~~(6)~~(7) Any other category of costs deemed appropriate by the	51934
director in accordance with Title XIX of the "Social Security Act"	51935
and the rules adopted under that title.	51936

Sec. 5112.08. The director of job and family services shall	51937
adopt rules under section 5112.03 of the Revised Code establishing	51938
a methodology to pay hospitals that is sufficient to expend all	51939
money in the indigent care pool. Under the rules:	51940

(A) The department of job and family services may classify	51941
similar hospitals into groups and allocate funds for distribution	51942
within each group.	51943

(B) The department shall establish a method of allocating	51944
funds to hospitals, taking into consideration the relative amount	51945
of indigent care provided by each hospital or group of hospitals.	51946
The amount to be allocated shall be based on any combination of	51947
the following indicators of indigent care that the director	51948
considers appropriate:	51949

(1) Total costs, volume, or proportion of services to	51950
recipients of the medical assistance program, including recipients	51951
enrolled in health insuring corporations;	51952

(2) Total costs, volume, or proportion of services to	51953
low-income patients in addition to recipients of the medical	51954
assistance program, which may include recipients of Title V of the	51955
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	51956
amended, and ~~disability~~recipients of financial or medical	51957
assistance ~~established~~provided under Chapter 5115. of the Revised	51958
Code;	51959

(3) The amount of uncompensated care provided by the hospital	51960
or group of hospitals;	51961

(4) Other factors that the director considers to be	51962
appropriate indicators of indigent care.	51963

(C) The department shall distribute funds to each hospital or	51964
group of hospitals in a manner that first may provide for an	51965
additional distribution to individual hospitals that provide a	51966
high proportion of indigent care in relation to the total care	51967
provided by the hospital or in relation to other hospitals. The	51968
department shall establish a formula to distribute the remainder	51969
of the funds. The formula shall be consistent with section 1923 of	51970
the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall	51971
be based on any combination of the indicators of indigent care	51972
listed in division (B) of this section that the director considers	51973
appropriate.	51974

(D) The department shall distribute funds to each hospital in	51975
installments not later than ten working days after the deadline	51976
established in rules for each hospital to pay an installment on	51977
its assessment under section 5112.06 of the Revised Code. In the	51978
case of a governmental hospital that makes intergovernmental	51979
transfers, the department shall pay an installment under this	51980
section not later than ten working days after the earlier of that	51981
deadline or the deadline established in rules for the governmental	51982
hospital to pay an installment on its intergovernmental transfer.	51983
If the amount in the hospital care assurance program fund and the	51984
hospital care assurance match fund created under section 5112.18	51985
of the Revised Code is insufficient to make the total	51986
distributions for which hospitals are eligible to receive in any	51987
period, the department shall reduce the amount of each	51988
distribution by the percentage by which the amount is	51989
insufficient. The department shall distribute to hospitals any	51990
amounts not distributed in the period in which they are due as	51991
soon as moneys are available in the funds.	51992

Sec. 5112.17. (A) As used in this section:

51993

(1) "Federal poverty guideline" means the official poverty	51994
guideline as revised annually by the United States secretary of	51995
health and human services in accordance with section 673 of the	51996
"Community Service Block Grant Act," 95 Stat. 511 (1981), 42	51997
U.S.C.A. 9902, as amended, for a family size equal to the size of	51998
the family of the person whose income is being determined.	51999

(2) "Third-party payer" means any private or public entity or	52000
program that may be liable by law or contract to make payment to	52001
or on behalf of an individual for health care services.	52002
"Third-party payer" does not include a hospital.	52003

(B) Each hospital that receives funds distributed under	52004
sections 5112.01 to 5112.21 of the Revised Code shall provide,	52005
without charge to the individual, basic, medically necessary	52006
hospital-level services to individuals who are residents of this	52007
state, are not recipients of the medical assistance program, and	52008
whose income is at or below the federal poverty guideline.	52009
Recipients of disability financial assistance and recipients of	52010
disability medical assistance provided under Chapter 5115. of the	52011
Revised Code qualify for services under this section. The director	52012
of job and family services shall adopt rules under section 5112.03	52013
of the Revised Code specifying the hospital services to be	52014
provided under this section.	52015

(C) Nothing in this section shall be construed to prevent a	52016
hospital from requiring an individual to apply for eligibility	52017
under the medical assistance program before the hospital processes	52018
an application under this section. Hospitals may bill any	52019
third-party payer for services rendered under this section.	52020
Hospitals may bill the medical assistance program, in accordance	52021
with Chapter 5111. of the Revised Code and the rules adopted under	52022
that chapter, for services rendered under this section if the	52023
individual becomes a recipient of the program. Hospitals may bill	52024
individuals for services under this section if all of the	52025
following apply:	52026

(1) The hospital has an established post-billing procedure	52027
for determining the individual's income and canceling the charges	52028
if the individual is found to qualify for services under this	52029
section.	52030

(2) The initial bill, and at least the first follow-up bill,	52031
is accompanied by a written statement that does all of the	52032
following:	52033

(a) Explains that individuals with income at or below the	52034
federal poverty guideline are eligible for services without	52035
charge;	52036

(b) Specifies the federal poverty guideline for individuals	52037
and families of various sizes at the time the bill is sent;	52038

(c) Describes the procedure required by division (C)(1) of	52039
this section.	52040

(3) The hospital complies with any additional rules the	52041
department adopts under section 5112.03 of the Revised Code.	52042

Notwithstanding division (B) of this section, a hospital	52043
providing care to an individual under this section is subrogated	52044
to the rights of any individual to receive compensation or	52045
benefits from any person or governmental entity for the hospital	52046
goods and services rendered.	52047

(D) Each hospital shall collect and report to the department,	52048
in the form and manner prescribed by the department, information	52049
on the number and identity of patients served pursuant to this	52050
section.	52051

(E) This section applies beginning May 22, 1992, regardless	52052
of whether the department has adopted rules specifying the	52053
services to be provided. Nothing in this section alters the scope	52054
or limits the obligation of any governmental entity or program,	52055
including the program awarding reparations to victims of crime	52056
under sections 2743.51 to 2743.72 of the Revised Code and the	52057
program for medically handicapped children established under	52058
section 3701.023 of the Revised Code, to pay for hospital services	52059
in accordance with state or local law.	52060

Sec. 5112.31. The department of job and family services	52061
shall:	52062

(A) For the purpose of providing home and community-based	52063
services for mentally retarded and developmentally disabled	52064
persons, annually assess each intermediate care facility for the	52065
mentally retarded a franchise permit fee equal to nine dollars and	52066
~~twenty-four~~sixty-three cents multiplied by the product of the	52067
following:	52068

(1) The number of beds certified under Title XIX of the	52069
"Social Security Act" on the first day of May of the calendar year	52070
in which the assessment is determined pursuant to division (A) of	52071
section 5112.33 of the Revised Code;	52072

(2) The number of days in the fiscal year beginning on the	52073
first day of July of the same calendar year.	52074

(B) ~~Not later than~~Beginning July 1, ~~1996~~2005, and the first	52075
day of each July thereafter, adjust fees determined under division	52076
(A) of this section in accordance with the composite inflation	52077
factor established in rules adopted under section 5112.39 of the	52078
Revised Code.	52079

If the United States secretary of health and human services	52080
determines that the franchise permit fee established by sections	52081
5112.30 to 5112.39 of the Revised Code would be an impermissible	52082
health care-related tax under section 1903(w) of the "Social	52083
Security Act," 42 U.S.C.A. 1396b(w), as amended, the department	52084
shall take all necessary actions to cease implementation of those	52085
sections in accordance with rules adopted under section 5112.39 of	52086
the Revised Code.	52087

Sec. 5112.99. (A) The director of job and family services	52088
shall impose a penalty ~~of one hundred dollars~~ for each day that a	52089
hospital fails to report the information required under section	52090
5112.04 of the Revised Code on or before the dates specified in	52091
that section. The amount of the penalty shall be established by	52092
the director in rules adopted under section 5112.03 of the Revised	52093
Code.	52094

(B) In addition to any other remedy available to the	52095
department of job and family services under law to collect unpaid	52096
assessments and transfers, the director shall impose a penalty of	52097
ten per cent of the amount due~~, not to exceed twenty thousand~~	52098
~~dollars,~~ on any hospital that fails to pay assessments or make	52099
intergovernmental transfers by the dates required by rules adopted	52100
under section 5112.03 of the Revised Code.	52101

(C) The director shall waive the penalties provided for in	52102
divisions (A) and (B) of this section for good cause shown by the	52103
hospital.	52104

(D) All penalties imposed under this section shall be	52105
deposited into the ~~general revenue~~health care administration fund	52106
created by section 5111.94 of the Revised Code.	52107

Sec. 5115.01. (A) ~~There is hereby established~~The director	52108
of job and family services shall establish the disability	52109
financial assistance program. ~~Except as provided in division (D)~~	52110
~~of this section, a disability assistance recipient shall receive~~	52111
~~financial assistance. Except as provided in section 5115.11 of the~~	52112
~~Revised Code, a disability assistance recipient also shall receive~~	52113
~~disability assistance medical assistance.~~	52114

~~Except as provided by division (B) of this section, a person~~	52115
~~who meets all of the following requirements is~~(B) Subject to all	52116
other eligibility requirements established by this chapter and the	52117
rules adopted under it for the disability financial assistance	52118
program, a person may be eligible for disability financial	52119
assistance only if one of the following applies:	52120

(1) The person is ~~ineligible to participate in the Ohio works~~	52121
~~first program established under Chapter 5107. of the Revised Code~~	52122
~~and to receive supplemental security income provided pursuant to~~	52123
~~Title XVI of the Social Security Act, 86 Stat. 1475 (1972), 42~~	52124
~~U.S.C.A. 1383, as amended;~~	52125

~~(2) The person is at least one of the following:~~

52126

~~(a) Under age eighteen;~~

52127

~~(b) Age sixty or older;~~

52128

~~(c) Pregnant;~~

52129

~~(d) Unable~~unable to do any substantial or gainful activity	52130
by reason of a medically determinable physical or mental	52131
impairment that can be expected to result in death or has lasted	52132
or can be expected to last for not less than nine months;	52133

~~(e) A resident of a residential treatment center certified as~~	52134
~~an alcohol or drug addiction program by the department of alcohol~~	52135
~~and drug addiction services under section 3793.06 of the Revised~~	52136
~~Code.~~	52137

~~(f) Medication dependent as determined by a physician, as~~	52138
~~defined in section 4730.01 of the Revised Code, who has certified~~	52139
~~to the county department of job and family services that the~~	52140
~~person is receiving ongoing treatment for a chronic medical~~	52141
~~condition requiring continuous prescription medication for an~~	52142
~~indefinite, long-term period of time and for whom the loss of the~~	52143
~~medication would result in a significant risk of medical emergency~~	52144
~~and loss of employability lasting at least nine months.~~	52145

~~(3) The~~(2) On the day before the effective date of this	52146
amendment, the person ~~meets the eligibility requirements~~	52147
~~established in rules adopted under section 5115.05 of the Revised~~	52148
~~Code~~was sixty years of age or older and one of the following is	52149
the case:	52150

(a) The person was receiving or was scheduled to begin	52151
receiving financial assistance under this chapter on the basis of	52152
being sixty years of age or older;	52153

(b) An eligibility determination was pending regarding the	52154
person's application to receive financial assistance under this	52155
chapter on the basis of being sixty years of age or older and, on	52156
or after the effective date of this amendment, the person receives	52157
a determination of eligibility based on that application.	52158

~~(B)(1) A person is ineligible for disability assistance if~~	52159
~~the person is ineligible to participate in the Ohio works first~~	52160
~~program because of any of the following:~~	52161

~~(a) Section 5101.83, 5107.14, or 5107.16 of the Revised Code;~~

52162

~~(b) The time limit established by section 5107.18 of the~~	52163
~~Revised Code;~~	52164

~~(c) Failure to comply with an application or verification~~	52165
~~procedure;~~	52166

~~(d) The fraud control program established pursuant to 45~~	52167
~~C.F.R. 235.112, as in effect July 1, 1996.~~	52168

~~(2) A person under age eighteen is ineligible for disability~~	52169
~~assistance pursuant to division (B)(1)(a) of this section only if~~	52170
~~the person caused the assistance group to be ineligible to~~	52171
~~participate in the Ohio works first program or resides with a~~	52172
~~person age eighteen or older who was a member of the same~~	52173
~~ineligible assistance group. A person age eighteen or older is~~	52174
~~ineligible for disability assistance pursuant to division~~	52175
~~(B)(1)(a) of this section regardless of whether the person caused~~	52176
~~the assistance group to be ineligible to participate in the Ohio~~	52177
~~works first program.~~	52178

~~(C) The county department of job and family services that~~	52179
~~serves the county in which a person receiving disability~~	52180
~~assistance pursuant to division (A)(2)(e) of this section~~	52181
~~participates in an alcohol or drug addiction program shall~~	52182
~~designate a representative payee for purposes of receiving and~~	52183
~~distributing financial assistance provided under the disability~~	52184
~~assistance program to the person.~~	52185

~~(D) A person eligible for disability assistance pursuant to~~	52186
~~division (A)(2)(f) of this section shall not receive financial~~	52187
~~assistance.~~	52188

~~(E) The director of job and family services shall adopt rules~~	52189
~~in accordance with section 111.15 of the Revised Code defining~~	52190
~~terms and establishing standards for determining whether a person~~	52191
~~meets a condition of disability assistance eligibility pursuant to~~	52192
~~this section.~~	52193

~~Sec. 5115.04.~~ Sec. 5115.02. (A) An individual is not eligible for	52194
disability financial assistance under this chapter if ~~either~~any	52195
of the following apply:	52196

~~(A)~~(1) The individual is eligible to participate in the Ohio	52197
works first program established under Chapter 5107. of the Revised	52198
Code; eligible to receive supplemental security income provided	52199
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475	52200
(1972), 42 U.S.C. 1383, as amended; or eligible to participate in	52201
or receive assistance through another state or federal program	52202
that provides financial assistance similar to disability financial	52203
assistance, as determined by the director of job and family	52204
services;	52205

(2) The individual is ineligible to participate in the Ohio	52206
works first program because of any of the following:	52207

(a) The time limit established by section 5107.18 of the	52208
Revised Code;	52209

(b) Failure to comply with an application or verification	52210
procedure;	52211

(c) The fraud control provisions of section 5101.83 of the	52212
Revised Code or the fraud control program established pursuant to	52213
45 C.F.R. 235.112, as in effect July 1, 1996;	52214

(d) The self-sufficiency contract provisions of sections	52215
5107.14 and 5107.16 of the Revised Code;	52216

(e) The minor parent provisions of section 5107.24 of the	52217
Revised Code;	52218

(f) The provisions of section 5107.26 of the Revised Code	52219
regarding termination of employment without just cause.	52220

(5) The individual, or any of the other individuals included	52221
in determining the individual's eligibility, is involved in a	52222
strike, as defined in section 5107.10 of the Revised Code;	52223

(6) For the purpose of avoiding consideration of property in	52224
determinations of the individual's eligibility for disability	52225
financial assistance or a greater amount of assistance, the	52226
individual has transferred property during the two years preceding	52227
application for or most recent redetermination of eligibility for	52228
disability assistance;	52229

(7) The individual is a child and does not live with the	52230
child's parents, guardians, or other persons standing in place of	52231
parents, unless the child is emancipated by being married, by	52232
serving in the armed forces, or by court order;	52233

(8) The individual reside in a county home, city infirmary,	52234
jail, or public institution;	52235

(9) The individual is a fugitive felon as defined in section	52236
5101.26 of the Revised Code;	52237

~~(B)~~(10) The individual is violating a condition of probation,	52238
a community control sanction, parole, or a post-release control	52239
sanction imposed under federal or state law.	52240

(B)(1) As used in division (B)(2) of this section,	52241
"assistance group" has the same meaning as in section 5107.02 of	52242
the Revised Code.	52243

(2) Ineligibility under division (A)(2)(c) or (d) of this	52244
section applies as follows:	52245

(a) In the case of an individual who is under eighteen years	52246
of age, the individual is ineligible only if the individual caused	52247
the assistance group to be ineligible to participate in the Ohio	52248
works first program or resides with an individual eighteen years	52249
of age or older who was a member of the same ineligible assistance	52250
group.	52251

(b) In the case of an individual who is eighteen years of age	52252
or older, the individual is ineligible regardless of whether the	52253
individual caused the assistance group to be ineligible to	52254
participate in the Ohio works first program.	52255

Sec. 5115.03. (A) The director of job and family services	52256
shall ~~do both of the following:~~	52257

~~(A) Adopt~~adopt rules in accordance with section 111.15 of	52258
the Revised Code governing the ~~administration of~~ disability	52259
~~assistance, including the administration of~~ financial assistance	52260
~~and disability assistance medical assistance~~program. The rules	52261
~~shall be binding on county departments of job and family services.~~	52262

~~(B) Make investigations to determine whether disability~~	52263
~~assistance is being administered in compliance with the Revised~~	52264
~~Code and rules adopted by the director.~~may establish or specify	52265
any or all of the following:	52266

(1) Maximum payment amounts under the disability financial	52267
assistance program, based on state appropriations for the program;	52268

(2) Limits on the length of time an individual may receive	52269
disability financial assistance;	52270

(3) Limits on the total number of individuals in the state	52271
who may receive disability financial assistance;	52272

(4) Income, resource, citizenship, age, residence, living	52273
arrangement, and other eligibility requirements for disability	52274
financial assistance;	52275

(5) Procedures for disregarding amounts of earned and	52276
unearned income for the purpose of determining eligibility for	52277
disability financial assistance and the amount of assistance to be	52278
provided;	52279

(6) Procedures for including the income and resources, or a	52280
certain amount of the income and resources, of a member of an	52281
individual's family when determining eligibility for disability	52282
financial assistance and the amount of assistance to be provided.	52283

(B) In establishing or specifying eligibility requirements	52284
for disability financial assistance, the director shall exclude	52285
the value of any tuition payment contract entered into under	52286
section 3334.09 of the Revised Code or any scholarship awarded	52287
under section 3334.18 of the Revised Code and the amount of	52288
payments made by the Ohio tuition trust authority under section	52289
3334.09 of the Revised Code pursuant to the contract or	52290
scholarship. The director shall not require any individual to	52291
terminate a tuition payment contract entered into under Chapter	52292
3334. of the Revised Code as a condition of eligibility for	52293
disability financial assistance. The director shall consider as	52294
income any refund paid under section 3334.10 of the Revised Code.	52295

(C) Notwithstanding section 3109.01 of the Revised Code, when	52296
a disability financial assistance applicant or recipient who is at	52297
least eighteen but under twenty-two years of age resides with the	52298
applicant's or recipient's parents, the income of the parents	52299
shall be taken into account in determining the applicant's or	52300
recipient's financial eligibility. In the rules adopted under this	52301
section, the director shall specify procedures for determining the	52302
amount of income to be attributed to applicants and recipients in	52303
this age category.	52304

(D) For purposes of limiting the cost of the disability	52305
financial assistance program, the director may do either or both	52306
of the following:	52307

(1) Adopt rules in accordance with section 111.15 of the	52308
Revised Code that revise the program's eligibility requirements,	52309
the maximum payment amounts, or any other requirement or standard	52310
established or specified in the rules adopted by the director;	52311

(2) Suspend acceptance of applications for disability	52312
financial assistance. While a suspension is in effect, no person	52313
shall receive a determination or redetermination of eligibility	52314
for disability financial assistance unless the person was	52315
receiving the assistance during the month immediately preceding	52316
the suspension's effective date or the person submitted an	52317
application prior to the suspension's effective date and receives	52318
a determination of eligibility based on that application. The	52319
director may adopt rules in accordance with section 111.15 of the	52320
Revised Code establishing requirements and specifying procedures	52321
applicable to the suspension of acceptance of new applications.	52322

~~Sec. 5115.02.~~ Sec. 5115.04. (A) The department of job and family	52323
services shall supervise and administer the disability financial	52324
assistance program, except that the department may require county	52325
departments of job and family services to perform any	52326
administrative function specified in rules adopted by the director	52327
of job and family services~~, including making determinations of~~	52328
~~financial eligibility and initial determinations of whether an~~	52329
~~applicant meets a condition of eligibility under division~~	52330
~~(A)(2)(d) of section 5115.01 of the Revised Code, distributing~~	52331
~~financial assistance payments, reimbursing providers of medical~~	52332
~~services for services provided to disability assistance~~	52333
~~recipients, and any other function specified in the rules. The~~	52334
~~department may also require county departments to make a final~~	52335
~~determination of whether an applicant meets a condition for~~	52336
~~eligibility under division (A)(2)(a), (b), (c), (e), or (f) of~~	52337
~~section 5115.01 of the Revised Code. The department shall make the~~	52338
~~final determination of whether an applicant meets a condition of~~	52339
~~eligibility under division (A)(2)(d) of section 5115.01 of the~~	52340
~~Revised Code~~.	52341

(B) If the department requires county departments to perform	52342
administrative functions under this section, the director shall	52343
adopt rules in accordance with section 111.15 of the Revised Code	52344
governing the performance of the functions to be performed by	52345
county departments. County departments shall perform the functions	52346
in accordance with the rules. The director shall conduct	52347
investigations to determine whether disability financial	52348
assistance is being administered in compliance with the Revised	52349
Code and rules adopted by the director.	52350

(C) If disability financial assistance payments ~~or medical~~	52351
~~services reimbursements~~ are made by the county department of job	52352
and family services, the department shall advance sufficient funds	52353
to provide the county treasurer with the amount estimated for the	52354
payments ~~or reimbursements~~. Financial assistance payments shall be	52355
distributed in accordance with sections 117.45, 319.16, and 329.03	52356
of the Revised Code.	52357

Sec. 5115.05. (A) The director of job and family services	52358
shall adopt rules in accordance with section 111.15 of the Revised	52359
Code establishing application and verification procedures,	52360
reapplication procedures, and ~~income, resource, citizenship, age,~~	52361
~~residence, living arrangement, assistance group composition, and~~	52362
other ~~eligibility~~ requirements the director considers necessary in	52363
the administration of the application process for disability	52364
financial assistance. The rules may ~~provide for disregarding~~	52365
~~amounts of earned and unearned income for the purpose of~~	52366
~~determining whether an assistance group is eligible for assistance~~	52367
~~and the amount of assistance provided under this chapter. The~~	52368
~~rules also may provide that the income and resources, or a certain~~	52369
~~amount of the income and resources, of a member of an assistance~~	52370
~~group's family group will be included in determining whether the~~	52371
~~assistance group is eligible for aid and the amount of aid~~	52372
~~provided under this chapter.~~	52373

~~If financial assistance under this chapter is to be paid by~~	52374
~~the auditor of state through the medium of direct deposit, the~~	52375
~~application shall be accompanied by information the auditor needs~~	52376
~~to make direct deposits.~~	52377

~~The department of job and family services may~~ require	52378
recipients of disability financial assistance to participate in a	52379
reapplication process two months after initial approval for	52380
assistance has been determined and at such other times as	52381
specified in the ~~department requires~~rules.	52382

~~If a recipient of disability assistance, or the spouse of or~~	52383
~~member of the assistance group of a recipient, becomes possessed~~	52384
~~of resources or income in excess of the amount allowed under rules~~	52385
~~adopted under this section, or if other changes occur that affect~~	52386
~~the person's eligibility or need for assistance, the recipient~~	52387
~~shall notify the department or county department of job and family~~	52388
~~services within the time limits specified in the rules. Failure of~~	52389
~~a recipient to report possession of excess resources or income or~~	52390
~~a change affecting eligibility or need within those time limits~~	52391
~~shall be considered prima-facie evidence of intent to defraud~~	52392
~~under section 5115.15 of the Revised Code.~~	52393

~~Each applicant for or recipient of disability assistance~~	52394
~~shall make reasonable efforts to secure support from persons~~	52395
~~responsible for the applicant's or recipient's support, and from~~	52396
~~other sources, as a means of preventing or reducing the provision~~	52397
~~of disability assistance at public expense. The department or~~	52398
~~county department may provide assistance to the applicant or~~	52399
~~recipient in securing other forms of financial or medical~~	52400
~~assistance.~~	52401

~~Notwithstanding section 3109.01 of the Revised Code, when a~~	52402
~~disability assistance applicant or recipient who is at least~~	52403
~~eighteen but under twenty-two years of age resides with the~~	52404
~~applicant's or recipient's parents, the income of the parents~~	52405
~~shall be taken into account in determining the applicant's or~~	52406
~~recipient's financial eligibility. The director shall adopt rules~~	52407
~~for determining the amount of income to be attributed to the~~	52408
~~assistance group of applicants in this age category.~~	52409

(B) Any person who applies for disability financial	52410
assistance ~~under this section~~ shall receive a voter registration	52411
application under section 3503.10 of the Revised Code.	52412

~~Sec. 5115.07.~~ Sec. 5115.06. ~~Financial assistance~~Assistance under	52413
the disability financial assistance program may be given by	52414
warrant, direct deposit, or, if provided by the director of job	52415
and family services pursuant to section 5101.33 of the Revised	52416
Code, by electronic benefit transfer. It shall be inalienable	52417
whether by way of assignment, charge, or otherwise, and is exempt	52418
from attachment, garnishment, or other like process. ~~Any~~	52419

Any direct deposit shall be made to a financial institution	52420
and account designated by the recipient. ~~The~~If disability	52421
financial assistance is to be paid by the auditor of state through	52422
direct deposit, the application for assistance shall be	52423
accompanied by information the auditor needs to make direct	52424
deposits.	52425

The director of job and family services may adopt rules for	52426
designation of financial institutions and accounts. No	52427

No financial institution shall impose any charge for direct	52428
deposit of disability ~~assistance~~ financial assistance payments	52429
that it does not charge all customers for similar services.	52430

~~The department of job and family services shall establish~~	52431
~~financial assistance payment amounts based on state~~	52432
~~appropriations.~~	52433

~~Disability assistance may be given to persons living in their~~	52434
~~own homes or other suitable quarters, but shall not be given to~~	52435
~~persons who reside in a county home, city infirmary, jail, or~~	52436
~~public institution. Disability assistance shall not be given to an~~	52437
~~unemancipated child unless the child lives with the child's~~	52438
~~parents, guardians, or other persons standing in place of parents.~~	52439
~~For the purpose of this section, a child is emancipated if the~~	52440
~~child is married, serving in the armed forces, or has been~~	52441
~~emancipated by court order.~~	52442

~~No person shall be eligible for disability assistance if, for~~	52443
~~the purpose of avoiding consideration of property in~~	52444
~~determinations of the person's eligibility for disability~~	52445
~~assistance or a greater amount of assistance, the person has~~	52446
~~transferred property during the two years preceding application~~	52447
~~for or most recent redetermination of eligibility for disability~~	52448
~~assistance.~~	52449

~~Sec. 5115.13.~~ Sec. 5115.07. The acceptance of ~~disability~~financial	52450
assistance under ~~this chapter~~the disability financial assistance	52451
program constitutes an assignment to the department of job and	52452
family services of any rights an individual receiving ~~disability~~	52453
the assistance has to financial support from any other person,	52454
~~excluding medical support assigned pursuant to section 5101.59 of~~	52455
~~the Revised Code~~. The rights to support assigned to the department	52456
pursuant to this section constitute an obligation of the person	52457
responsible for providing the support to the state for the amount	52458
of disability financial assistance payments to the recipient or	52459
recipients whose needs are included in determining the amount of	52460
~~disability~~ assistance received. Support payments assigned to the	52461
state pursuant to this section shall be collected by the county	52462
department of job and family services and reimbursements for	52463
disability financial assistance payments shall be credited to the	52464
state treasury.	52465

Sec. 5115.10. (A) The director of job and family services	52466
shall establish a disability ~~assistance~~ medical assistance program	52467
~~shall consist of a system of managed primary care~~. ~~Until July 1,~~	52468
~~1992, the program shall also include limited hospital services,~~	52469
~~except that if prior to that date hospitals are required by~~	52470
~~section 5112.17 of the Revised Code to provide medical services~~	52471
~~without charge to persons specified in that section, the program~~	52472
~~shall cease to include hospital services at the time the~~	52473
~~requirement of section 5112.17 of the Revised Code takes effect.~~	52474

~~The department of job and family services may require~~	52475
~~disability assistance medical assistance recipients to enroll in~~	52476
~~health insuring corporations or other managed care programs, or~~	52477
~~may limit the number or type of health care providers from which a~~	52478
~~recipient may receive services.~~	52479

~~The director of job and family services shall adopt rules~~	52480
~~governing the disability assistance medical assistance program~~	52481
~~established under this division. The rules shall specify all of~~	52482
~~the following:~~	52483

~~(1) Services that will be provided under the system of~~	52484
~~managed primary care;~~	52485

~~(2) Hospital services that will be provided during the period~~	52486
~~that hospital services are provided under the program;~~	52487

~~(3) The maximum authorized amount, scope, duration, or limit~~	52488
~~of payment for services.~~	52489

~~(B) The director of job and family services shall designate~~	52490
~~medical services providers for the disability assistance medical~~	52491
~~assistance program. The first such designation shall be made not~~	52492
~~later than September 30, 1991. Services under the program shall be~~	52493
~~provided only by providers designated by the director. The~~	52494
~~director may require that, as a condition of being designated a~~	52495
~~disability assistance medical assistance provider, a provider~~	52496
~~enter into a provider agreement with the state department.~~	52497

~~(C) As long as the disability assistance medical assistance~~	52498
~~program continues to include hospital services, the department or~~	52499
~~a county director of job and family services may, pursuant to~~	52500
~~rules adopted under this section, approve an application for~~	52501
~~disability assistance medical assistance for emergency inpatient~~	52502
~~hospital services when care has been given to a person who had not~~	52503
~~completed a sworn application for disability assistance at the~~	52504
~~time the care was rendered, if all of the following apply:~~	52505

~~(1) The person files an application for disability assistance~~	52506
~~within sixty days after being discharged from the hospital or, if~~	52507
~~the conditions of division (D) of this section are met, while in~~	52508
~~the hospital;~~	52509

~~(2) The person met all eligibility requirements for~~	52510
~~disability assistance at the time the care was rendered;~~	52511

~~(3) The care given to the person was a medical service within~~	52512
~~the scope of disability assistance medical assistance as~~	52513
~~established under rules adopted by the director of job and family~~	52514
~~services.~~	52515

~~(D) If a person files an application for disability~~	52516
~~assistance medical assistance for emergency inpatient hospital~~	52517
~~services while in the hospital, a face-to-face interview shall be~~	52518
~~conducted with the applicant while the applicant is in the~~	52519
~~hospital to determine whether the applicant is eligible for the~~	52520
~~assistance. If the hospital agrees to reimburse the county~~	52521
~~department of job and family services for all actual costs~~	52522
~~incurred by the department in conducting the interview, the~~	52523
~~interview shall be conducted by an employee of the county~~	52524
~~department. If, at the request of the hospital, the county~~	52525
~~department designates an employee of the hospital to conduct the~~	52526
~~interview, the interview shall be conducted by the hospital~~	52527
~~employee.~~	52528

~~(E) The department of job and family services may assume~~	52529
~~responsibility for peer review of expenditures for disability~~	52530
~~assistance medical assistance~~(B) Subject to all other eligibility	52531
requirements established by this chapter and the rules adopted	52532
under it for the disability medical assistance program, a person	52533
may be eligible for disability medical assistance only if the	52534
person is medication dependent, as determined by the department of	52535
job and family services.	52536

(C) The director shall adopt rules under section 111.15 of	52537
the Revised Code for purposes of implementing division (B) of this	52538
section. The rules may specify or establish any or all of the	52539
following:	52540

(1) Standards for determining whether a person is medication	52541
dependent, including standards under which a person may qualify as	52542
being medication dependent only if it is determined that both of	52543
the following are the case:	52544

(a) The person is receiving ongoing treatment for a chronic	52545
medical condition that requires continuous prescription medication	52546
for an indefinite, long-term period of time;	52547

(b) Loss of the medication would result in a significant risk	52548
of medical emergency and loss of employability lasting at least	52549
nine months.	52550

(2) A requirement that a person's medical condition be	52551
certified by an individual authorized under Chapter 4731. of the	52552
Revised Code to practice medicine and surgery or osteopathic	52553
medicine and surgery;	52554

(3) Limitations on the chronic medical conditions and	52555
prescription medications that may qualify a person as being	52556
medication dependent.	52557

Sec. 5115.11. ~~If a member of an assistance group receiving~~	52558
~~disability assistance under this chapter~~An individual who	52559
qualifies for the medical assistance program established under	52560
Chapter 5111. of the Revised Code~~, the member~~ shall receive	52561
medical assistance through that program rather than through the	52562
disability ~~assistance~~ medical assistance program.	52563

An individual is ineligible for disability medical assistance	52564
if, for the purpose of avoiding consideration of property in	52565
determinations of the individual's eligibility for disability	52566
medical assistance or a greater amount of assistance, the person	52567
has transferred property during the two years preceding	52568
application for or most recent redetermination of eligibility for	52569
disability medical assistance.	52570

Sec. 5115.12. (A) The director of job and family services	52571
shall adopt rules in accordance with section 111.15 of the Revised	52572
Code governing the disability medical assistance program. The	52573
rules may establish or specify any or all of the following:	52574

(1) Income, resource, citizenship, age, residence, living	52575
arrangement, and other eligibility requirements;	52576

(2) Health services to be included in the program;

52577

(3) The maximum authorized amount, scope, duration, or limit	52578
of payment for services;	52579

(4) Limits on the length of time an individual may receive	52580
disability medical assistance;	52581

(5) Limits on the total number of individuals in the state	52582
who may receive disability medical assistance.	52583

(B) For purposes of limiting the cost of the disability	52584
medical assistance program, the director may do either of the	52585
following:	52586

(1) Adopt rules in accordance with section 111.15 of the	52587
Revised Code that revise the program's eligibility requirements;	52588
the maximum authorized amount, scope, duration, or limit of	52589
payment for services included in the program; or any other	52590
requirement or standard established or specified by rules adopted	52591
under division (A) of this section or under section 5115.10 of the	52592
Revised Code;	52593

(2) Suspend acceptance of applications for disability medical	52594
assistance. While a suspension is in effect, no person shall	52595
receive a determination or redetermination of eligibility for	52596
disability medical assistance unless the person was receiving the	52597
assistance during the month immediately preceding the suspension's	52598
effective date or the person submitted an application prior to the	52599
suspension's effective date and receives a determination of	52600
eligibility based on that application. The director may adopt	52601
rules in accordance with section 111.15 of the Revised Code	52602
establishing requirements and specifying procedures applicable to	52603
the suspension of acceptance of new applications.	52604

Sec. 5115.13. (A) The department of job and family services	52605
shall supervise and administer the disability medical program,	52606
except as follows:	52607

(1) The department may require county departments of job and	52608
family services to perform any administrative function specified	52609
in rules adopted by the director of job and family services.	52610

(2) The director may contract with any private or public	52611
entity in this state to perform any administrative function or to	52612
administer any or all of the program.	52613

(B) If the department requires county departments to perform	52614
administrative functions, the director of job and family services	52615
shall adopt rules in accordance with section 111.15 of the Revised	52616
Code governing the performance of the functions to be performed by	52617
county departments. County departments shall perform the functions	52618
in accordance with the rules.	52619

If the director contracts with a private or public entity to	52620
perform administrative functions or to administer any or all of	52621
the program, the director may either adopt rules in accordance	52622
with section 111.15 of the Revised Code or include provisions in	52623
the contract governing the performance of the functions by the	52624
private or public entity. Entities under contract shall perform	52625
the functions in accordance with the requirements established by	52626
the director.	52627

(C) Whenever division (A)(1) or (2) of this section is	52628
implemented, the director shall conduct investigations to	52629
determine whether disability medical assistance is being	52630
administered in compliance with the Revised Code and rules adopted	52631
by the director or in accordance with the terms of the contract.	52632

Sec. 5115.14. (A) The director of job and family services	52633
shall adopt rules in accordance with section 111.15 of the Revised	52634
Code establishing application and verification procedures,	52635
reapplication procedures, and other requirements the director	52636
considers necessary in the administration of the application	52637
process for disability medical assistance.	52638

(B) Any person who applies for disability medical assistance	52639
shall receive a voter registration application under section	52640
3503.10 of the Revised Code.	52641

Sec. 5115.20. (A) The department of job and family services	52642
shall establish a disability advocacy program and each county	52643
department of job and family services shall establish a disability	52644
advocacy program unit or join with other county departments of job	52645
and family services to establish a joint county disability	52646
advocacy program unit. Through the program the department and	52647
county departments shall cooperate in efforts to assist applicants	52648
for and recipients of assistance under ~~this chapter~~the disability	52649
financial assistance program and the disability medical assistance	52650
program, who might be eligible for supplemental security income	52651
benefits under Title XVI of the "Social Security Act," 86 Stat.	52652
1475 (1972), 42 U.S.C.A. 1383, as amended, in applying for those	52653
benefits. ~~The~~	52654

As part of their disability advocacy programs, the state	52655
department and county departments may enter into contracts for the	52656
services ~~to applicants for and recipients of assistance under this~~	52657
~~chapter who might be eligible for supplemental security income~~	52658
~~benefits with~~of persons and ~~governmental~~government entities that	52659
in the judgment of the department or county department have	52660
demonstrated expertise in representing persons seeking	52661
supplemental security income benefits. Each contract shall require	52662
the person or entity with which a department contracts to assess	52663
each person referred to it by the department to determine whether	52664
the person appears to be eligible for supplemental security income	52665
benefits, and, if the person appears to be eligible, assist the	52666
person in applying and represent the person in any proceeding of	52667
the social security administration, including any appeal or	52668
reconsideration of a denial of benefits. The department or county	52669
department shall provide to the person or entity with which it	52670
contracts all records in its possession relevant to the	52671
application for supplemental security income benefits. The	52672
department shall require a county department with relevant records	52673
to submit them to the person or entity.	52674

(B) Each applicant for or recipient of disability financial	52675
assistance or disability medical assistance ~~under this chapter~~	52676
who, in the judgment of the department or a county department	52677
might be eligible for supplemental security benefits, ~~must~~shall,	52678
as a condition of eligibility for assistance, apply for such	52679
benefits if directed to do so by the department or county	52680
department.	52681

(C) ~~Each~~With regard to applicants for and recipients of	52682
disability financial assistance or disability medical assistance,	52683
each county department of job and family services shall do all of	52684
the following:	52685

(1) Identify applicants ~~for~~ and recipients ~~of assistance~~	52686
~~under this chapter~~ who might be eligible for supplemental security	52687
income benefits;	52688

(2) Assist applicants ~~for~~ and recipients ~~of assistance under~~	52689
~~this chapter~~ in securing documentation of disabling conditions or	52690
refer them for such assistance to a person or government ~~agency~~	52691
entity with which the department or county department has	52692
contracted under division (A) of this section;	52693

(3) Inform applicants ~~for~~ and recipients ~~of assistance under~~	52694
~~this chapter~~ of available sources of representation, which may	52695
include a person or government entity with which the department or	52696
county department has contracted under division (A) of this	52697
section, and of their right to represent themselves in	52698
reconsiderations and appeals of social security administration	52699
decisions that deny them supplemental security income benefits.	52700
The county department may require the applicants and recipients,	52701
as a condition of eligibility for assistance, to pursue	52702
reconsiderations and appeals of social security administration	52703
decisions that deny them supplemental security income benefits,	52704
and shall assist applicants and recipients as necessary to obtain	52705
such benefits or refer them to a person or government ~~agency~~	52706
entity with which the department or county department has	52707
contracted under division (A) of this section.	52708

(4) Require applicants ~~for~~ and recipients ~~of assistance under~~	52709
~~this chapter~~ who, in the judgment of the county department, are or	52710
may be aged, blind, or disabled, to apply for medical assistance	52711
under Chapter 5111. of the Revised Code, make determinations when	52712
appropriate as to eligibility for medical assistance, and refer	52713
their applications when necessary to the disability determination	52714
unit established in accordance with division (F) of this section	52715
for expedited review;	52716

(5) Require each applicant ~~for~~ and ~~each~~ recipient of	52717
~~assistance under this chapter~~ who in the judgment of the	52718
department or the county department might be eligible for	52719
supplemental security income benefits, as a condition of	52720
eligibility for disability financial assistance or disability	52721
medical assistance ~~under this chapter~~, to execute a written	52722
authorization for the secretary of health and human services to	52723
withhold benefits due that individual and pay to the director of	52724
job and family services or the director's designee an amount	52725
sufficient to reimburse the state and county shares of interim	52726
assistance furnished to the individual. For the purposes of	52727
division (C)(5) of this section, "benefits" and "interim	52728
assistance" have the meanings given in Title XVI of the "Social	52729
Security Act."	52730

(D) The director of job and family services shall adopt rules	52731
in accordance with ~~Chapter 119.~~section 111.15 of the Revised Code	52732
for the effective administration of the disability advocacy	52733
program. The rules shall include all of the following:	52734

(1) Methods to be used in collecting information from and	52735
disseminating it to county departments, including the following:	52736

(a) The number of individuals in the county who are disabled	52737
recipients of disability financial assistance or disability	52738
medical assistance ~~under this chapter in the county~~;	52739

(b) The final decision made either by the social security	52740
administration or by a court for each application or	52741
reconsideration in which an individual was assisted pursuant to	52742
this section.	52743

(2) The type and process of training to be provided by the	52744
department of job and family services to the employees of the	52745
county department of job and family services who perform duties	52746
under this section;	52747

(3) Requirements for the written authorization required by	52748
division (C)(5) of this section.	52749

(E) The department shall provide basic and continuing	52750
training to employees of the county department of job and family	52751
services who perform duties under this section. Training shall	52752
include but not be limited to all processes necessary to obtain	52753
federal disability benefits, and methods of advocacy.	52754

(F) The department shall establish a disability determination	52755
unit and develop guidelines for expediting reviews of applications	52756
for medical assistance under Chapter 5111. of the Revised Code for	52757
persons who have been referred to the unit under division (C)(4)	52758
of this section. The department shall make determinations of	52759
eligibility for medical assistance for any such person within the	52760
time prescribed by federal regulations.	52761

(G) The department may, under rules the director of job and	52762
family services adopts in accordance with section 111.15 of the	52763
Revised Code, pay a portion of the federal reimbursement described	52764
in division (C)(5) of this section to persons or ~~agencies~~	52765
government entities that assist or represent assistance recipients	52766
in reconsiderations and appeals of social security administration	52767
decisions denying them supplemental security income benefits.	52768

(H) The director shall conduct investigations to determine	52769
whether disability advocacy programs are being administered in	52770
compliance with the Revised Code and the rules adopted by the	52771
director pursuant to this section.	52772

Sec. 5115.22. (A) If a recipient of disability financial	52773
assistance or disability medical assistance, or an individual	52774
whose income and resources are included in determining the	52775
recipient's eligibility for the assistance, becomes possessed of	52776
resources or income in excess of the amount allowed to retain	52777
eligibility, or if other changes occur that affect the recipient's	52778
eligibility or need for assistance, the recipient shall notify the	52779
state or county department of job and family services within the	52780
time limits specified in rules adopted by the director of job and	52781
family services in accordance with section 111.15 of the Revised	52782
Code. Failure of a recipient to report possession of excess	52783
resources or income or a change affecting eligibility or need	52784
within those time limits shall be considered prima-facie evidence	52785
of intent to defraud under section 5115.23 of the Revised Code.	52786

(B) As a condition of eligibility for disability financial	52787
assistance or disability medical assistance, and as a means of	52788
preventing or reducing the provision of assistance at public	52789
expense, each applicant for or recipient of the assistance shall	52790
make reasonable efforts to secure support from persons responsible	52791
for the applicant's or recipient's support, and from other	52792
sources, including any federal program designed to provide	52793
assistance to individuals with disabilities. The state or county	52794
department of job and family services may provide assistance to	52795
the applicant or recipient in securing other forms of financial	52796
assistance.	52797

~~Sec. 5115.15.~~ Sec. 5115.23. As used in this section, "erroneous	52798
payments" means disability financial assistance payments,	52799
~~including~~or disability ~~assistance~~ medical assistance payments,	52800
made to persons who are not entitled to receive them, including	52801
payments made as a result of misrepresentation or fraud, and	52802
payments made due to an error by the recipient or by the county	52803
department of job and family services that made the payment.	52804

The department of job and family services shall adopt rules	52805
in accordance with section 111.15 of the Revised Code specifying	52806
the circumstances under which action is to be taken under this	52807
section to recover erroneous payments. The department, or a county	52808
department of job and family services at the request of the	52809
department, shall take action to recover erroneous payments in the	52810
circumstances specified in the rules. The department or county	52811
department may institute a civil action to recover erroneous	52812
payments.	52813

Whenever disability financial assistance or disability	52814
medical assistance has been furnished to a recipient for whose	52815
support another person is responsible, the other person shall, in	52816
addition to the liability otherwise imposed, as a consequence of	52817
failure to support the recipient, be liable for all ~~disability~~	52818
assistance furnished the recipient. The value of the assistance so	52819
furnished may be recovered in a civil action brought by the county	52820
department of job and family services.	52821

Each county department of job and family services shall	52822
retain fifty per cent of the erroneous payments it recovers under	52823
this section. The department of job and family services shall	52824
receive the remaining fifty per cent.	52825

Sec. 5119.61. Any provision in this chapter that refers to a	52826
board of alcohol, drug addiction, and mental health services also	52827
refers to the community mental health board in an alcohol, drug	52828
addiction, and mental health service district that has a community	52829
mental health board.	52830

The director of mental health with respect to all facilities	52831
and programs established and operated under Chapter 340. of the	52832
Revised Code for mentally ill and emotionally disturbed persons,	52833
shall do all of the following:	52834

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	52835
that may be necessary to carry out the purposes of Chapter 340.	52836
and sections 5119.61 to 5119.63 of the Revised Code.	52837

(1) The rules shall include all of the following:

52838

(a) Rules governing a community mental health agency's	52839
services under section 340.091 of the Revised Code to an	52840
individual referred to the agency under division (C)(2) of section	52841
173.35 of the Revised Code;	52842

(b) For the purpose of division (A)(16) of section 340.03 of	52843
the Revised Code, rules governing the duties of mental health	52844
agencies and boards of alcohol, drug addiction, and mental health	52845
services under section 3722.18 of the Revised Code regarding	52846
referrals of individuals with mental illness or severe mental	52847
disability to adult care facilities and effective arrangements for	52848
ongoing mental health services for the individuals. The rules	52849
shall do at least the following:	52850

(i) Provide for agencies and boards to participate fully in	52851
the procedures owners and managers of adult care facilities must	52852
follow under division (A)(2) of section 3722.18 of the Revised	52853
Code;	52854

(ii) Specify the manner in which boards are accountable for	52855
ensuring that ongoing mental health services are effectively	52856
arranged for individuals with mental illness or severe mental	52857
disability who are referred by the board or mental health agency	52858
under contract with the board to an adult care facility.	52859

(c) Rules governing a board of alcohol, drug addiction, and	52860
mental health services when making a report to the director of	52861
health under section 3722.17 of the Revised Code regarding the	52862
quality of care and services provided by an adult care facility to	52863
a person with mental illness or a severe mental disability.	52864

(2) Rules may be adopted to govern the method of paying a	52865
community mental health facility ~~described~~, as defined in ~~division~~	52866
~~(B) of~~ section 5111.022 of the Revised Code, for providing	52867
services ~~established by~~listed in division ~~(A)~~(B) of that section.	52868
Such rules must be consistent with the contract entered into	52869
between the departments of job and family services and mental	52870
health under ~~division (E) of that~~ section 5111.91 of the Revised	52871
Code and include requirements ensuring appropriate service	52872
utilization.	52873

(B) Review and evaluate, and, taking into account the	52874
findings and recommendations of the board of alcohol, drug	52875
addiction, and mental health services of the district served by	52876
the program and the requirements and priorities of the state	52877
mental health plan, including the needs of residents of the	52878
district now residing in state mental institutions, approve and	52879
allocate funds to support community programs, and make	52880
recommendations for needed improvements to boards of alcohol, drug	52881
addiction, and mental health services;	52882

(C) Withhold state and federal funds for any program, in	52883
whole or in part, from a board of alcohol, drug addiction, and	52884
mental health services in the event of failure of that program to	52885
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	52886
or 5119.62 of the Revised Code or rules of the department of	52887
mental health. The director shall identify the areas of	52888
noncompliance and the action necessary to achieve compliance. The	52889
director shall offer technical assistance to the board to achieve	52890
compliance. The director shall give the board a reasonable time	52891
within which to comply or to present its position that it is in	52892
compliance. Before withholding funds, a hearing shall be conducted	52893
to determine if there are continuing violations and that either	52894
assistance is rejected or the board is unable to achieve	52895
compliance. Subsequent to the hearing process, if it is determined	52896
that compliance has not been achieved, the director may allocate	52897
all or part of the withheld funds to a public or private agency to	52898
provide the services not in compliance until the time that there	52899
is compliance. The director shall establish rules pursuant to	52900
Chapter 119. of the Revised Code to implement this division.	52901

(D) Withhold state or federal funds from a board of alcohol,	52902
drug addiction, and mental health services that denies available	52903
service on the basis of religion, race, color, creed, sex,	52904
national origin, age, disability as defined in section 4112.01 of	52905
the Revised Code, developmental disability, or the inability to	52906
pay;	52907

(E) Provide consultative services to community mental health	52908
agencies with the knowledge and cooperation of the board of	52909
alcohol, drug addiction, and mental health services;	52910

(F) Provide to boards of alcohol, drug addiction, and mental	52911
health services state or federal funds, in addition to those	52912
allocated under section 5119.62 of the Revised Code, for special	52913
programs or projects the director considers necessary but for	52914
which local funds are not available;	52915

(G) Establish criteria by which a board of alcohol, drug	52916
addiction, and mental health services reviews and evaluates the	52917
quality, effectiveness, and efficiency of services provided	52918
through its community mental health plan. The criteria shall	52919
include requirements ensuring appropriate service utilization. The	52920
department shall assess a board's evaluation of services and the	52921
compliance of each board with this section, Chapter 340. or	52922
section 5119.62 of the Revised Code, and other state or federal	52923
law and regulations. The department, in cooperation with the	52924
board, periodically shall review and evaluate the quality,	52925
effectiveness, and efficiency of services provided through each	52926
board. The department shall collect information that is necessary	52927
to perform these functions.	52928

(H) Develop and operate a community mental health information	52929
system.	52930

Boards of alcohol, drug abuse, and mental health services	52931
shall submit information requested by the department in the form	52932
and manner prescribed by the department. Information collected by	52933
the department shall include, but not be limited to, all of the	52934
following:	52935

(1) Information regarding units of services provided in whole	52936
or in part under contract with a board, including diagnosis and	52937
special needs, demographic information, the number of units of	52938
service provided, past treatment, financial status, and service	52939
dates in accordance with rules adopted by the department in	52940
accordance with Chapter 119. of the Revised Code;	52941

(2) Financial information other than price or price-related	52942
data regarding expenditures of boards and community mental health	52943
agencies, including units of service provided, budgeted and actual	52944
expenses by type, and sources of funds.	52945

Boards shall submit the information specified in division	52946
(H)(1) of this section no less frequently than annually for each	52947
client, and each time the client's case is opened or closed. The	52948
department shall not collect any information for the purpose of	52949
identifying by name any person who receives a service through a	52950
board of alcohol, drug addiction, and mental health services,	52951
except as required by state or federal law to validate appropriate	52952
reimbursement. For the purposes of division (H)(1) of this	52953
section, the department shall use an identification system that is	52954
consistent with applicable nationally recognized standards.	52955

(I) Review each board's community mental health plan	52956
submitted pursuant to section 340.03 of the Revised Code and	52957
approve or disapprove it in whole or in part. Periodically, in	52958
consultation with representatives of boards and after considering	52959
the recommendations of the medical director, the director shall	52960
issue criteria for determining when a plan is complete, criteria	52961
for plan approval or disapproval, and provisions for conditional	52962
approval. The factors that the director considers may include, but	52963
are not limited to, the following:	52964

(1) The mental health needs of all persons residing within	52965
the board's service district, especially severely mentally	52966
disabled children, adolescents, and adults;	52967

(2) The demonstrated quality, effectiveness, efficiency, and	52968
cultural relevance of the services provided in each service	52969
district, the extent to which any services are duplicative of	52970
other available services, and whether the services meet the needs	52971
identified above;	52972

(3) The adequacy of the board's accounting for the	52973
expenditure of funds.	52974

If the director disapproves all or part of any plan, the	52975
director shall provide the board an opportunity to present its	52976
position. The director shall inform the board of the reasons for	52977
the disapproval and of the criteria that must be met before the	52978
plan may be approved. The director shall give the board a	52979
reasonable time within which to meet the criteria, and shall offer	52980
technical assistance to the board to help it meet the criteria.	52981

If the approval of a plan remains in dispute thirty days	52982
prior to the conclusion of the fiscal year in which the board's	52983
current plan is scheduled to expire, the board or the director may	52984
request that the dispute be submitted to a mutually agreed upon	52985
third-party mediator with the cost to be shared by the board and	52986
the department. The mediator shall issue to the board and the	52987
department recommendations for resolution of the dispute. Prior to	52988
the conclusion of the fiscal year in which the current plan is	52989
scheduled to expire, the director, taking into consideration the	52990
recommendations of the mediator, shall make a final determination	52991
and approve or disapprove the plan, in whole or in part.	52992

Sec. 5119.611. (A) A board of alcohol, drug addiction, and	52993
mental health services may not contract with a community mental	52994
health agency under division (A)(8)(a) of section 340.03 of the	52995
Revised Code to provide community mental health services included	52996
in the board's community mental health plan unless the services	52997
are certified by the director of mental health under this section.	52998

A community mental health agency that seeks the director's	52999
certification of its community mental health services shall submit	53000
an application to the director. On receipt of the application, the	53001
director may visit and shall evaluate the agency to determine	53002
whether its services satisfy the standards established by rules	53003
adopted under division (C) of this section. The director shall	53004
make the evaluation, and, if the director visits the agency, shall	53005
make the visit, in cooperation with the board of alcohol, drug	53006
addiction, and mental health services with which the agency seeks	53007
to contract.	53008

If the director determines that a community mental health	53009
agency's services satisfy the standards, the director shall	53010
certify the services.	53011

If the director determines that a community mental health	53012
agency's services do not satisfy the standards, the director shall	53013
identify the areas of noncompliance, specify what action is	53014
necessary to satisfy the standards, and offer technical assistance	53015
to the board of alcohol, drug addiction, and mental health	53016
services so that the board may assist the agency in satisfying the	53017
standards. The director shall give the agency a reasonable time	53018
within which to demonstrate that its services satisfy the	53019
standards or to bring the services into compliance with the	53020
standards. If the director concludes that the services continue to	53021
fail to satisfy the standards, the director may request that the	53022
board reallocate the funds for the community mental health	53023
services the agency was to provide to another community mental	53024
health agency whose community mental health services satisfy the	53025
standards. If the board does not reallocate those funds in a	53026
reasonable period of time, the director may withhold state and	53027
federal funds for the community mental health services and	53028
allocate those funds directly to a community mental health agency	53029
whose community mental health services satisfy the standards.	53030

(B) Each community mental health agency seeking certification	53031
of its community mental health services under this section shall	53032
pay a fee for the certification review required by this section.	53033
Fees shall be paid into the sale of goods and services fund	53034
created pursuant to section 5119.161 of the Revised Code.	53035

(C) The director shall adopt rules in accordance with Chapter	53036
119. of the Revised Code to implement this section. The rules	53037
shall do all of the following:	53038

(1) Establish certification standards for community mental	53039
health services, including assertive community treatment and	53040
intensive home-based mental health services, that are consistent	53041
with nationally recognized applicable standards and facilitate	53042
participation in federal assistance programs. The rules shall	53043
include as certification standards only requirements that improve	53044
the quality of services or the health and safety of clients of	53045
community mental health services. The standards shall address at a	53046
minimum all of the following:	53047

(a) Reporting major unusual incidents to the director;

53048

(b) Procedures for applicants for and clients of community	53049
mental health services to file grievances and complaints;	53050

53051

(d) Restraint;

53052

(e) Development of written policies addressing the rights of	53053
clients, including all of the following:	53054

(i) The right to a copy of the written policies addressing	53055
client rights;	53056

(ii) The right at all times to be treated with consideration	53057
and respect for the client's privacy and dignity;	53058

(iii) The right to have access to the client's own	53059
psychiatric, medical, or other treatment records unless access is	53060
specifically restricted in the client's treatment plan for clear	53061
treatment reasons;	53062

(iv) The right to have a client rights officer provided by	53063
the agency or board of alcohol, drug addiction, and mental health	53064
services advise the client of the client's rights, including the	53065
client's rights under Chapter 5122. of the Revised Code if the	53066
client is committed to the agency or board.	53067

(2) Establish standards for qualifications of mental health	53068
professionals as defined in section 340.02 of the Revised Code and	53069
personnel who provide the community mental health services;	53070

(3) Establish the process for certification of community	53071
mental health services;	53072

(4) Set the amount of certification review fees based on a	53073
portion of the cost of performing the review;	53074

(5) Specify the type of notice and hearing to be provided	53075
prior to a decision on whether to reallocate funds.	53076

(D) The rules adopted under division (C)(1) of this section	53077
to establish certification standards for assertive community	53078
treatment and intensive home-based mental health services shall be	53079
adopted not later than July 1, 2004.	53080

Sec. 5120.52. The department of rehabilitation and	53081
correction may enter into a contract ~~with a political subdivision~~	53082
inunder which a state correctional institution ~~is located under~~	53083
~~which the institution will provide sewage treatment services for~~	53084
~~the political subdivision if the institution~~that has a water or	53085
sewage treatment facility with sufficient excess capacity to	53086
provide ~~the~~water or sewage treatment services will provide the	53087
services for the other contracting party. The	53088

~~Any such~~ contract shall include all of the following that	53089
apply:	53090

(A) Limitations on the quantity of sewage that the facility	53091
will accept ~~that~~which are compatible with the needs of the state	53092
correctional institution;	53093

(B) Limitations on the quantity of potable water that the	53094
facility will provide which are compatible with the needs of the	53095
state correctional institution;	53096

(C) The bases for calculating reasonable rates to be charged	53097
the ~~political subdivision~~contracting party for potable water or	53098
sewage treatment services and for adjusting the rates;	53099

~~(C)~~(D) All other provisions the department considers	53100
necessary or proper to protect the interests of the state in the	53101
facility and the purpose for which it was constructed.	53102

All amounts due the department under the contract shall be	53103
paid to the department by the ~~political subdivision~~contracting	53104
party at the times specified in the contract. The department shall	53105
deposit all ~~such~~of those amounts in the state treasury to the	53106
credit of the correctional institution water and sewage treatment	53107
facility services fund, which is hereby created. The fund shall be	53108
used by the department to pay costs associated with operating and	53109
maintaining the water and sewage treatment ~~facility~~facilities.	53110

Sec. 5123.01. As used in this chapter:

53111

(A) "Chief medical officer" means the licensed physician	53112
appointed by the managing officer of an institution for the	53113
mentally retarded with the approval of the director of mental	53114
retardation and developmental disabilities to provide medical	53115
treatment for residents of the institution.	53116

(B) "Chief program director" means a person with special	53117
training and experience in the diagnosis and management of the	53118
mentally retarded, certified according to division (C) of this	53119
section in at least one of the designated fields, and appointed by	53120
the managing officer of an institution for the mentally retarded	53121
with the approval of the director to provide habilitation and care	53122
for residents of the institution.	53123

(C) "Comprehensive evaluation" means a study, including a	53124
sequence of observations and examinations, of a person leading to	53125
conclusions and recommendations formulated jointly, with	53126
dissenting opinions if any, by a group of persons with special	53127
training and experience in the diagnosis and management of persons	53128
with mental retardation or a developmental disability, which group	53129
shall include individuals who are professionally qualified in the	53130
fields of medicine, psychology, and social work, together with	53131
such other specialists as the individual case may require.	53132

(D) "Education" means the process of formal training and	53133
instruction to facilitate the intellectual and emotional	53134
development of residents.	53135

(E) "Habilitation" means the process by which the staff of	53136
the institution assists the resident in acquiring and maintaining	53137
those life skills that enable the resident to cope more	53138
effectively with the demands of the resident's own person and of	53139
the resident's environment and in raising the level of the	53140
resident's physical, mental, social, and vocational efficiency.	53141
Habilitation includes but is not limited to programs of formal,	53142
structured education and training.	53143

(F) "Habilitation center services" means services provided by	53144
a habilitation center certified by the department of mental	53145
retardation and developmental disabilities under section 5123.041	53146
of the Revised Code and covered by the medicaid program pursuant	53147
to rules adopted under section 5111.041 of the Revised Code.	53148

(G) "Health officer" means any public health physician,	53149
public health nurse, or other person authorized or designated by a	53150
city or general health district.	53151

(H) "Home and community-based services" means medicaid-funded	53152
home and community-based services provided under athe medicaid	53153
~~component~~components the department of mental retardation and	53154
developmental disabilities administers pursuant to section	53155
5111.871 of the Revised Code.	53156

(I) "Indigent person" means a person who is unable, without	53157
substantial financial hardship, to provide for the payment of an	53158
attorney and for other necessary expenses of legal representation,	53159
including expert testimony.	53160

(J) "Institution" means a public or private facility, or a	53161
part of a public or private facility, that is licensed by the	53162
appropriate state department and is equipped to provide	53163
residential habilitation, care, and treatment for the mentally	53164
retarded.	53165

(K) "Licensed physician" means a person who holds a valid	53166
certificate issued under Chapter 4731. of the Revised Code	53167
authorizing the person to practice medicine and surgery or	53168
osteopathic medicine and surgery, or a medical officer of the	53169
government of the United States while in the performance of the	53170
officer's official duties.	53171

(L) "Managing officer" means a person who is appointed by the	53172
director of mental retardation and developmental disabilities to	53173
be in executive control of an institution for the mentally	53174
retarded under the jurisdiction of the department.	53175

(M) "Medicaid" has the same meaning as in section 5111.01 of	53176
the Revised Code.	53177

(N) "Medicaid case management services" means case management	53178
services provided to an individual with mental retardation or	53179
other developmental disability that the state medicaid plan	53180
requires.	53181

(O) "Mentally retarded person" means a person having	53182
significantly subaverage general intellectual functioning existing	53183
concurrently with deficiencies in adaptive behavior, manifested	53184
during the developmental period.	53185

(P) "Mentally retarded person subject to institutionalization	53186
by court order" means a person eighteen years of age or older who	53187
is at least moderately mentally retarded and in relation to whom,	53188
because of the person's retardation, either of the following	53189
conditions exist:	53190

(1) The person represents a very substantial risk of physical	53191
impairment or injury to self as manifested by evidence that the	53192
person is unable to provide for and is not providing for the	53193
person's most basic physical needs and that provision for those	53194
needs is not available in the community;	53195

(2) The person needs and is susceptible to significant	53196
habilitation in an institution.	53197

(Q) "A person who is at least moderately mentally retarded"	53198
means a person who is found, following a comprehensive evaluation,	53199
to be impaired in adaptive behavior to a moderate degree and to be	53200
functioning at the moderate level of intellectual functioning in	53201
accordance with standard measurements as recorded in the most	53202
current revision of the manual of terminology and classification	53203
in mental retardation published by the American association on	53204
mental retardation.	53205

(R) As used in this division, "substantial functional	53206
limitation," "developmental delay," and "established risk" have	53207
the meanings established pursuant to section 5123.011 of the	53208
Revised Code.	53209

"Developmental disability" means a severe, chronic disability	53210
that is characterized by all of the following:	53211

(1) It is attributable to a mental or physical impairment or	53212
a combination of mental and physical impairments, other than a	53213
mental or physical impairment solely caused by mental illness as	53214
defined in division (A) of section 5122.01 of the Revised Code.	53215

(2) It is manifested before age twenty-two.

53216

(3) It is likely to continue indefinitely.

53217

(4) It results in one of the following:

53218

(a) In the case of a person under three years of age, at	53219
least one developmental delay or an established risk;	53220

(b) In the case of a person at least three years of age but	53221
under six years of age, at least two developmental delays or an	53222
established risk;	53223

(c) In the case of a person six years of age or older, a	53224
substantial functional limitation in at least three of the	53225
following areas of major life activity, as appropriate for the	53226
person's age: self-care, receptive and expressive language,	53227
learning, mobility, self-direction, capacity for independent	53228
living, and, if the person is at least sixteen years of age,	53229
capacity for economic self-sufficiency.	53230

(5) It causes the person to need a combination and sequence	53231
of special, interdisciplinary, or other type of care, treatment,	53232
or provision of services for an extended period of time that is	53233
individually planned and coordinated for the person.	53234

(S) "Developmentally disabled person" means a person with a	53235
developmental disability.	53236

(T) "State institution" means an institution that is	53237
tax-supported and under the jurisdiction of the department.	53238

(U) "Residence" and "legal residence" have the same meaning	53239
as "legal settlement," which is acquired by residing in Ohio for a	53240
period of one year without receiving general assistance prior to	53241
July 17, 1995, under former Chapter 5113. of the Revised Code,	53242
~~disability~~financial assistance under Chapter 5115. of the Revised	53243
Code, or assistance from a private agency that maintains records	53244
of assistance given. A person having a legal settlement in the	53245
state shall be considered as having legal settlement in the	53246
assistance area in which the person resides. No adult person	53247
coming into this state and having a spouse or minor children	53248
residing in another state shall obtain a legal settlement in this	53249
state as long as the spouse or minor children are receiving public	53250
assistance, care, or support at the expense of the other state or	53251
its subdivisions. For the purpose of determining the legal	53252
settlement of a person who is living in a public or private	53253
institution or in a home subject to licensing by the department of	53254
job and family services, the department of mental health, or the	53255
department of mental retardation and developmental disabilities,	53256
the residence of the person shall be considered as though the	53257
person were residing in the county in which the person was living	53258
prior to the person's entrance into the institution or home.	53259
Settlement once acquired shall continue until a person has been	53260
continuously absent from Ohio for a period of one year or has	53261
acquired a legal residence in another state. A woman who marries a	53262
man with legal settlement in any county immediately acquires the	53263
settlement of her husband. The legal settlement of a minor is that	53264
of the parents, surviving parent, sole parent, parent who is	53265
designated the residential parent and legal custodian by a court,	53266
other adult having permanent custody awarded by a court, or	53267
guardian of the person of the minor, provided that:	53268

(1) A minor female who marries shall be considered to have	53269
the legal settlement of her husband and, in the case of death of	53270
her husband or divorce, she shall not thereby lose her legal	53271
settlement obtained by the marriage.	53272

(2) A minor male who marries, establishes a home, and who has	53273
resided in this state for one year without receiving general	53274
assistance prior to July 17, 1995, under former Chapter 5113. of	53275
the Revised Code, ~~disability~~financial assistance under Chapter	53276
5115. of the Revised Code, or assistance from a private agency	53277
that maintains records of assistance given shall be considered to	53278
have obtained a legal settlement in this state.	53279

(3) The legal settlement of a child under eighteen years of	53280
age who is in the care or custody of a public or private child	53281
caring agency shall not change if the legal settlement of the	53282
parent changes until after the child has been in the home of the	53283
parent for a period of one year.	53284

No person, adult or minor, may establish a legal settlement	53285
in this state for the purpose of gaining admission to any state	53286
institution.	53287

(V)(1) "Resident" means, subject to division (R)(2) of this	53288
section, a person who is admitted either voluntarily or	53289
involuntarily to an institution or other facility pursuant to	53290
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	53291
Code subsequent to a finding of not guilty by reason of insanity	53292
or incompetence to stand trial or under this chapter who is under	53293
observation or receiving habilitation and care in an institution.	53294

(2) "Resident" does not include a person admitted to an	53295
institution or other facility under section 2945.39, 2945.40,	53296
2945.401, or 2945.402 of the Revised Code to the extent that the	53297
reference in this chapter to resident, or the context in which the	53298
reference occurs, is in conflict with any provision of sections	53299
2945.37 to 2945.402 of the Revised Code.	53300

(W) "Respondent" means the person whose detention,	53301
commitment, or continued commitment is being sought in any	53302
proceeding under this chapter.	53303

(X) "Working day" and "court day" mean Monday, Tuesday,	53304
Wednesday, Thursday, and Friday, except when such day is a legal	53305
holiday.	53306

(Y) "Prosecutor" means the prosecuting attorney, village	53307
solicitor, city director of law, or similar chief legal officer	53308
who prosecuted a criminal case in which a person was found not	53309
guilty by reason of insanity, who would have had the authority to	53310
prosecute a criminal case against a person if the person had not	53311
been found incompetent to stand trial, or who prosecuted a case in	53312
which a person was found guilty.	53313

(Z) "Court" means the probate division of the court of common	53314
pleas.	53315

Sec. 5123.051. (A) If the department of mental retardation	53316
and developmental disabilities determines ~~pursuant to an audit~~	53317
~~conducted under section 5123.05 of the Revised Code or a~~	53318
~~reconciliation conducted under section 5123.18 or 5111.252 of the~~	53319
~~Revised Code~~ that money is owed the state by a ~~provider of a~~	53320
~~service~~person or ~~program~~government entity, the department may	53321
enter into a payment agreement with the ~~provider~~person or	53322
government entity for collection of the money owed the state. The	53323
agreement shall include the following:	53324

(1) A schedule of installment payments whereby the money owed	53325
the state is to be paid in full within a reasonable period ~~not to~~	53326
~~exceed one year~~;	53327

(2) A provision that the ~~provider may pay the~~ entire balance	53328
owed may be paid at any time during the term of the agreement;	53329

(3) A provision that if any installment is not paid in full	53330
within forty-five days after it is due, the entire balance owed is	53331
immediately due and payable;	53332

(4) Any other terms and conditions that are agreed to by the	53333
department and the ~~provider~~person or government entity.	53334

(B) The department may include a provision in a payment	53335
agreement that requires the ~~provider to pay~~payment of interest on	53336
the money owed the state. The department, in its discretion, shall	53337
determine whether to require the payment of interest and, if it so	53338
requires, the rate of interest. Neither the obligation to pay	53339
interest nor the rate of interest is subject to negotiation	53340
between the department and the ~~provider~~person or government	53341
entity.	53342

(C) If ~~the provider fails to pay~~ any installment is not paid	53343
in full within forty-five days after its due date, the department	53344
shall certify the entire balance owed to the attorney general for	53345
collection under section 131.02 of the Revised Code. ~~The~~To	53346
satisfy a judgment secured by the attorney general, the department	53347
may withhold funds from any payments ~~made~~it makes to a ~~provider~~	53348
~~under section 5123.18 or 5111.252 of the Revised Code to satisfy a~~	53349
~~judgment secured by the attorney general~~person or government	53350
entity.	53351

(D) The purchase of service fund is hereby created. Money	53352
credited to the fund shall be used solely for purposes of section	53353
5123.05 of the Revised Code.	53354

Sec. 5123.19. (A) As used in this section and in sections	53355
5123.191, 5123.194, 5123.196, 5123.197, 5123.198, 5123.1910, and	53356
5123.20 of the Revised Code:	53357

(1)(a) "Residential facility" means a home or facility in	53358
which a mentally retarded or developmentally disabled person	53359
resides, except the home of a relative or legal guardian in which	53360
a mentally retarded or developmentally disabled person resides, a	53361
respite care home certified under section 5126.05 of the Revised	53362
Code, a county home or district home operated pursuant to Chapter	53363
5155. of the Revised Code, or a dwelling in which the only	53364
mentally retarded or developmentally disabled residents are in an	53365
independent living arrangement or are being provided supported	53366
living.	53367

(b) "Intermediate care facility for the mentally retarded"	53368
means a residential facility that is considered an intermediate	53369
care facility for the mentally retarded for the purposes of	53370
Chapter 5111. of the Revised Code.	53371

(2) "Political subdivision" means a municipal corporation,	53372
county, or township.	53373

(3) "Independent living arrangement" means an arrangement in	53374
which a mentally retarded or developmentally disabled person	53375
resides in an individualized setting chosen by the person or the	53376
person's guardian, which is not dedicated principally to the	53377
provision of residential services for mentally retarded or	53378
developmentally disabled persons, and for which no financial	53379
support is received for rendering such service from any	53380
governmental agency by a provider of residential services.	53381

(4) "Supported living" has the same meaning as in section	53382
5126.01 of the Revised Code.	53383

(5) "Licensee" means the person or government agency that has	53384
applied for a license to operate a residential facility and to	53385
which the license was issued under this section.	53386

(B) Every person or government agency desiring to operate a	53387
residential facility shall apply for licensure of the facility to	53388
the director of mental retardation and developmental disabilities	53389
unless the residential facility is subject to section 3721.02,	53390
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	53391
Chapter 3721. of the Revised Code, a nursing home that is	53392
certified as an intermediate care facility for the mentally	53393
retarded under Title XIX of the "Social Security Act," 79 Stat.	53394
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	53395
licensure of the portion of the home that is certified as an	53396
intermediate care facility for the mentally retarded.	53397

(C) ~~The~~Subject to section 5123.196 of the Revised Code, the	53398
director of mental retardation and developmental disabilities	53399
shall license the operation of residential facilities. An initial	53400
license shall be issued for a period that does not exceed one	53401
year, unless the director denies the license under division (D) of	53402
this section. A license shall be renewed for a period that does	53403
not exceed three years, unless the director refuses to renew the	53404
license under division (D) of this section. The director, when	53405
issuing or renewing a license, shall specify the period for which	53406
the license is being issued or renewed. A license remains valid	53407
for the length of the licensing period specified by the director,	53408
unless the license is terminated, revoked, or voluntarily	53409
surrendered.	53410

(D) If it is determined that an applicant or licensee is not	53411
in compliance with a provision of this chapter that applies to	53412
residential facilities or the rules adopted under such a	53413
provision, the director may deny issuance of a license, refuse to	53414
renew a license, terminate a license, revoke a license, issue an	53415
order for the suspension of admissions to a facility, issue an	53416
order for the placement of a monitor at a facility, issue an order	53417
for the immediate removal of residents, or take any other action	53418
the director considers necessary consistent with the director's	53419
authority under this chapter regarding residential facilities. In	53420
the director's selection and administration of the sanction to be	53421
imposed, all of the following apply:	53422

(1) The director may deny, refuse to renew, or revoke a	53423
license, if the director determines that the applicant or licensee	53424
has demonstrated a pattern of serious noncompliance or that a	53425
violation creates a substantial risk to the health and safety of	53426
residents of a residential facility.	53427

(2) The director may terminate a license if more than twelve	53428
consecutive months have elapsed since the residential facility was	53429
last occupied by a resident or a notice required by division (J)	53430
of this section is not given.	53431

(3) The director may issue an order for the suspension of	53432
admissions to a facility for any violation that may result in	53433
sanctions under division (D)(1) of this section and for any other	53434
violation specified in rules adopted under division (G)(2) of this	53435
section. If the suspension of admissions is imposed for a	53436
violation that may result in sanctions under division (D)(1) of	53437
this section, the director may impose the suspension before	53438
providing an opportunity for an adjudication under Chapter 119. of	53439
the Revised Code. The director shall lift an order for the	53440
suspension of admissions when the director determines that the	53441
violation that formed the basis for the order has been corrected.	53442

(4) The director may order the placement of a monitor at a	53443
residential facility for any violation specified in rules adopted	53444
under division (G)(2) of this section. The director shall lift the	53445
order when the director determines that the violation that formed	53446
the basis for the order has been corrected.	53447

(5) If the director determines that two or more residential	53448
facilities owned or operated by the same person or government	53449
entity are not being operated in compliance with a provision of	53450
this chapter that applies to residential facilities or the rules	53451
adopted under such a provision, and the director's findings are	53452
based on the same or a substantially similar action, practice,	53453
circumstance, or incident that creates a substantial risk to the	53454
health and safety of the residents, the director shall conduct a	53455
survey as soon as practicable at each residential facility owned	53456
or operated by that person or government entity. The director may	53457
take any action authorized by this section with respect to any	53458
facility found to be operating in violation of a provision of this	53459
chapter that applies to residential facilities or the rules	53460
adopted under such a provision.	53461

(6) When the director initiates license revocation	53462
proceedings, no opportunity for submitting a plan of correction	53463
shall be given. The director shall notify the licensee by letter	53464
of the initiation of such proceedings. The letter shall list the	53465
deficiencies of the residential facility and inform the licensee	53466
that no plan of correction will be accepted. The director shall	53467
also notify each affected resident, the resident's guardian if the	53468
resident is an adult for whom a guardian has been appointed, the	53469
resident's parent or guardian if the resident is a minor, and the	53470
county board of mental retardation and developmental disabilities.	53471

(7) Pursuant to rules which shall be adopted in accordance	53472
with Chapter 119. of the Revised Code, the director may order the	53473
immediate removal of residents from a residential facility	53474
whenever conditions at the facility present an immediate danger of	53475
physical or psychological harm to the residents.	53476

(8) In determining whether a residential facility is being	53477
operated in compliance with a provision of this chapter that	53478
applies to residential facilities or the rules adopted under such	53479
a provision, or whether conditions at a residential facility	53480
present an immediate danger of physical or psychological harm to	53481
the residents, the director may rely on information obtained by a	53482
county board of mental retardation and developmental disabilities	53483
or other governmental agencies.	53484

(9) In proceedings initiated to deny, refuse to renew, or	53485
revoke licenses, the director may deny, refuse to renew, or revoke	53486
a license regardless of whether some or all of the deficiencies	53487
that prompted the proceedings have been corrected at the time of	53488
the hearing.	53489

(E) The director shall establish a program under which public	53490
notification may be made when the director has initiated license	53491
revocation proceedings or has issued an order for the suspension	53492
of admissions, placement of a monitor, or removal of residents.	53493
The director shall adopt rules in accordance with Chapter 119. of	53494
the Revised Code to implement this division. The rules shall	53495
establish the procedures by which the public notification will be	53496
made and specify the circumstances for which the notification must	53497
be made. The rules shall require that public notification be made	53498
if the director has taken action against the facility in the	53499
eighteen-month period immediately preceding the director's latest	53500
action against the facility and the latest action is being taken	53501
for the same or a substantially similar violation of a provision	53502
of this chapter that applies to residential facilities or the	53503
rules adopted under such a provision. The rules shall specify a	53504
method for removing or amending the public notification if the	53505
director's action is found to have been unjustified or the	53506
violation at the residential facility has been corrected.	53507

(F)(1) Except as provided in division (F)(2) of this section,	53508
appeals from proceedings initiated to impose a sanction under	53509
division (D) of this section shall be conducted in accordance with	53510
Chapter 119. of the Revised Code.	53511

(2) Appeals from proceedings initiated to order the	53512
suspension of admissions to a facility shall be conducted in	53513
accordance with Chapter 119. of the Revised Code, unless the order	53514
was issued before providing an opportunity for an adjudication, in	53515
which case all of the following apply:	53516

(a) The licensee may request a hearing not later than ten	53517
days after receiving the notice specified in section 119.07 of the	53518
Revised Code.	53519

(b) If a timely request for a hearing is made, the hearing	53520
shall commence not later than thirty days after the department	53521
receives the request.	53522

(c) After commencing, the hearing shall continue	53523
uninterrupted, except for Saturdays, Sundays, and legal holidays,	53524
unless other interruptions are agreed to by the licensee and the	53525
director.	53526

(d) If the hearing is conducted by a hearing examiner, the	53527
hearing examiner shall file a report and recommendations not later	53528
than ten days after the close of the hearing.	53529

(e) Not later than five days after the hearing examiner files	53530
the report and recommendations, the licensee may file objections	53531
to the report and recommendations.	53532

(f) Not later than fifteen days after the hearing examiner	53533
files the report and recommendations, the director shall issue an	53534
order approving, modifying, or disapproving the report and	53535
recommendations.	53536

(g) Notwithstanding the pendency of the hearing, the director	53537
shall lift the order for the suspension of admissions when the	53538
director determines that the violation that formed the basis for	53539
the order has been corrected.	53540

(G) In accordance with Chapter 119. of the Revised Code, the	53541
director shall adopt and may amend and rescind rules for licensing	53542
and regulating the operation of residential facilities, including	53543
intermediate care facilities for the mentally retarded. The rules	53544
for intermediate care facilities for the mentally retarded may	53545
differ from those for other residential facilities. The rules	53546
shall establish and specify the following:	53547

(1) Procedures and criteria for issuing and renewing	53548
licenses, including procedures and criteria for determining the	53549
length of the licensing period that the director must specify for	53550
each license when it is issued or renewed;	53551

(2) Procedures and criteria for denying, refusing to renew,	53552
terminating, and revoking licenses and for ordering the suspension	53553
of admissions to a facility, placement of a monitor at a facility,	53554
and the immediate removal of residents from a facility;	53555

(3) Fees for issuing and renewing licenses;

53556

(4) Procedures for surveying residential facilities;

53557

(5) Requirements for the training of residential facility	53558
personnel;	53559

(6) Classifications for the various types of residential	53560
facilities;	53561

(7) Certification procedures for licensees and management	53562
contractors that the director determines are necessary to ensure	53563
that they have the skills and qualifications to properly operate	53564
or manage residential facilities;	53565

(8) The maximum number of persons who may be served in a	53566
particular type of residential facility;	53567

(9) Uniform procedures for admission of persons to and	53568
transfers and discharges of persons from residential facilities;	53569

(10) Other standards for the operation of residential	53570
facilities and the services provided at residential facilities;	53571

(11) Procedures for waiving any provision of any rule adopted	53572
under this section.	53573

(H) Before issuing a license, the director of the department	53574
or the director's designee shall conduct a survey of the	53575
residential facility for which application is made. The director	53576
or the director's designee shall conduct a survey of each licensed	53577
residential facility at least once during the period the license	53578
is valid and may conduct additional inspections as needed. A	53579
survey includes but is not limited to an on-site examination and	53580
evaluation of the residential facility, its personnel, and the	53581
services provided there.	53582

In conducting surveys, the director or the director's	53583
designee shall be given access to the residential facility; all	53584
records, accounts, and any other documents related to the	53585
operation of the facility; the licensee; the residents of the	53586
facility; and all persons acting on behalf of, under the control	53587
of, or in connection with the licensee. The licensee and all	53588
persons on behalf of, under the control of, or in connection with	53589
the licensee shall cooperate with the director or the director's	53590
designee in conducting the survey.	53591

Following each survey, unless the director initiates a	53592
license revocation proceeding, the director or the director's	53593
designee shall provide the licensee with a report listing any	53594
deficiencies, specifying a timetable within which the licensee	53595
shall submit a plan of correction describing how the deficiencies	53596
will be corrected, and, when appropriate, specifying a timetable	53597
within which the licensee must correct the deficiencies. After a	53598
plan of correction is submitted, the director or the director's	53599
designee shall approve or disapprove the plan. A copy of the	53600
report and any approved plan of correction shall be provided to	53601
any person who requests it.	53602

The director shall initiate disciplinary action against any	53603
department employee who notifies or causes the notification to any	53604
unauthorized person of an unannounced survey of a residential	53605
facility by an authorized representative of the department.	53606

(I) In addition to any other information which may be	53607
required of applicants for a license pursuant to this section and	53608
except as provided in section 5123.1910 of the Revised Code, the	53609
director shall require each applicant to provide a copy of an	53610
approved plan for a proposed residential facility pursuant to	53611
section 5123.042 of the Revised Code. This division does not apply	53612
to renewal of a license.	53613

(J) A licensee shall notify the owner of the building in	53614
which the licensee's residential facility is located of any	53615
significant change in the identity of the licensee or management	53616
contractor before the effective date of the change if the licensee	53617
is not the owner of the building.	53618

Pursuant to rules which shall be adopted in accordance with	53619
Chapter 119. of the Revised Code, the director may require	53620
notification to the department of any significant change in the	53621
ownership of a residential facility or in the identity of the	53622
licensee or management contractor. If the director determines that	53623
a significant change of ownership is proposed, the director shall	53624
consider the proposed change to be an application for development	53625
by a new operator pursuant to section 5123.042 of the Revised Code	53626
and shall advise the applicant within sixty days of such	53627
notification that the current license shall continue in effect or	53628
a new license will be required pursuant to this section. If the	53629
director requires a new license, the director shall permit the	53630
facility to continue to operate under the current license until	53631
the new license is issued, unless the current license is revoked,	53632
refused to be renewed, or terminated in accordance with Chapter	53633
119. of the Revised Code.	53634

(K) A county board of mental retardation and developmental	53635
disabilities, the legal rights service, and any interested person	53636
may file complaints alleging violations of statute or department	53637
rule relating to residential facilities with the department. All	53638
complaints shall be in writing and shall state the facts	53639
constituting the basis of the allegation. The department shall not	53640
reveal the source of any complaint unless the complainant agrees	53641
in writing to waive the right to confidentiality or until so	53642
ordered by a court of competent jurisdiction.	53643

The department shall adopt rules in accordance with Chapter	53644
119. of the Revised Code establishing procedures for the receipt,	53645
referral, investigation, and disposition of complaints filed with	53646
the department under this division.	53647

(L) The department shall establish procedures for the	53648
notification of interested parties of the transfer or interim care	53649
of residents from residential facilities that are closing or are	53650
losing their license.	53651

(M) Before issuing a license under this section to a	53652
residential facility that will accommodate at any time more than	53653
one mentally retarded or developmentally disabled individual, the	53654
director shall, by first class mail, notify the following:	53655

(1) If the facility will be located in a municipal	53656
corporation, the clerk of the legislative authority of the	53657
municipal corporation;	53658

(2) If the facility will be located in unincorporated	53659
territory, the clerk of the appropriate board of county	53660
commissioners and the clerk of the appropriate board of township	53661
trustees.	53662

The director shall not issue the license for ten days after	53663
mailing the notice, excluding Saturdays, Sundays, and legal	53664
holidays, in order to give the notified local officials time in	53665
which to comment on the proposed issuance.	53666

Any legislative authority of a municipal corporation, board	53667
of county commissioners, or board of township trustees that	53668
receives notice under this division of the proposed issuance of a	53669
license for a residential facility may comment on it in writing to	53670
the director within ten days after the director mailed the notice,	53671
excluding Saturdays, Sundays, and legal holidays. If the director	53672
receives written comments from any notified officials within the	53673
specified time, the director shall make written findings	53674
concerning the comments and the director's decision on the	53675
issuance of the license. If the director does not receive written	53676
comments from any notified local officials within the specified	53677
time, the director shall continue the process for issuance of the	53678
license.	53679

(N) Any person may operate a licensed residential facility	53680
that provides room and board, personal care, habilitation	53681
services, and supervision in a family setting for at least six but	53682
not more than eight persons with mental retardation or a	53683
developmental disability as a permitted use in any residential	53684
district or zone, including any single-family residential district	53685
or zone, of any political subdivision. These residential	53686
facilities may be required to comply with area, height, yard, and	53687
architectural compatibility requirements that are uniformly	53688
imposed upon all single-family residences within the district or	53689
zone.	53690

(O) Any person may operate a licensed residential facility	53691
that provides room and board, personal care, habilitation	53692
services, and supervision in a family setting for at least nine	53693
but not more than sixteen persons with mental retardation or a	53694
developmental disability as a permitted use in any multiple-family	53695
residential district or zone of any political subdivision, except	53696
that a political subdivision that has enacted a zoning ordinance	53697
or resolution establishing planned unit development districts may	53698
exclude these residential facilities from such districts, and a	53699
political subdivision that has enacted a zoning ordinance or	53700
resolution may regulate these residential facilities in	53701
multiple-family residential districts or zones as a conditionally	53702
permitted use or special exception, in either case, under	53703
reasonable and specific standards and conditions set out in the	53704
zoning ordinance or resolution to:	53705

(1) Require the architectural design and site layout of the	53706
residential facility and the location, nature, and height of any	53707
walls, screens, and fences to be compatible with adjoining land	53708
uses and the residential character of the neighborhood;	53709

(2) Require compliance with yard, parking, and sign	53710
regulation;	53711

(3) Limit excessive concentration of these residential	53712
facilities.	53713

(P) This section does not prohibit a political subdivision	53714
from applying to residential facilities nondiscriminatory	53715
regulations requiring compliance with health, fire, and safety	53716
regulations and building standards and regulations.	53717

(Q) Divisions (N) and (O) of this section are not applicable	53718
to municipal corporations that had in effect on June 15, 1977, an	53719
ordinance specifically permitting in residential zones licensed	53720
residential facilities by means of permitted uses, conditional	53721
uses, or special exception, so long as such ordinance remains in	53722
effect without any substantive modification.	53723

(R)(1) The director may issue an interim license to operate a	53724
residential facility to an applicant for a license under this	53725
section if either of the following is the case:	53726

(a) The director determines that an emergency exists	53727
requiring immediate placement of persons in a residential	53728
facility, that insufficient licensed beds are available, and that	53729
the residential facility is likely to receive a permanent license	53730
under this section within thirty days after issuance of the	53731
interim license.	53732

(b) The director determines that the issuance of an interim	53733
license is necessary to meet a temporary need for a residential	53734
facility.	53735

(2) To be eligible to receive an interim license, an	53736
applicant must meet the same criteria that must be met to receive	53737
a permanent license under this section, except for any differing	53738
procedures and time frames that may apply to issuance of a	53739
permanent license.	53740

(3) An interim license shall be valid for thirty days and may	53741
be renewed by the director for a period not to exceed one hundred	53742
fifty days.	53743

(4) The director shall adopt rules in accordance with Chapter	53744
119. of the Revised Code as the director considers necessary to	53745
administer the issuance of interim licenses.	53746

(S) Notwithstanding rules adopted pursuant to this section	53747
establishing the maximum number of persons who may be served in a	53748
particular type of residential facility, a residential facility	53749
shall be permitted to serve the same number of persons being	53750
served by the facility on the effective date of such rules or the	53751
number of persons for which the facility is authorized pursuant to	53752
a current application for a certificate of need with a letter of	53753
support from the department of mental retardation and	53754
developmental disabilities and which is in the review process	53755
prior to April 4, 1986.	53756

(T) The director or the director's designee may enter at any	53757
time, for purposes of investigation, any home, facility, or other	53758
structure that has been reported to the director or that the	53759
director has reasonable cause to believe is being operated as a	53760
residential facility without a license issued under this section.	53761

The director may petition the court of common pleas of the	53762
county in which an unlicensed residential facility is located for	53763
an order enjoining the person or governmental agency operating the	53764
facility from continuing to operate without a license. The court	53765
may grant the injunction on a showing that the person or	53766
governmental agency named in the petition is operating a	53767
residential facility without a license. The court may grant the	53768
injunction, regardless of whether the residential facility meets	53769
the requirements for receiving a license under this section.	53770

(U) Except as provided in section 5123.198 of the Revised	53771
Code, whenever a resident of a residential facility is committed	53772
to a state-operated intermediate care facility for the mentally	53773
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	53774
Code, the department shall reduce by one the maximum number of	53775
residents for which the facility is licensed.	53776

Sec. 5123.196. (A) Except as provided in division (E) of this	53777
section, the director of mental retardation and developmental	53778
disabilities shall not issue a license under section 5123.19 of	53779
the Revised Code on or after July 1, 2003, if issuance will result	53780
in there being more beds in all residential facilities licensed	53781
under that section than is permitted under division (B) of this	53782
section.	53783

(B) The maximum number of beds for the purpose of division	53784
(A) of this section shall not exceed ten thousand eight hundred	53785
thirty-eight minus, except as provided in division (C) of this	53786
section, the number of such beds taken out of service on or after	53787
July 1, 2003, pursuant to section 5123.197 of the Revised Code or	53788
because a residential facility license is revoked, terminated, or	53789
not renewed for any reason or is surrendered.	53790

(C) The director is not required to reduce the maximum number	53791
of beds pursuant to division (B) of this section by a bed taken	53792
out of service if the director determines that the bed is needed	53793
to provide services to an individual with mental retardation or a	53794
developmental disability who resided in the residential facility	53795
in which the bed was located.	53796

(D) The director shall maintain an up-to-date written record	53797
of the maximum number of residential facility beds provided for by	53798
division (B) of this section.	53799

(E) If required by section 5123.1910 of the Revised Code to	53800
issue a license under section 5123.19 of the Revised Code, the	53801
director shall issue the license regardless of whether issuance	53802
will result in there being more beds in all residential facilities	53803
licensed under that section than is permitted under division (B)	53804
of this section.	53805

Sec. 5123.197. A licensee shall take out of service as a	53806
residential facility bed any bed located in the facility that is	53807
converted to use for supported living. The number of residential	53808
facility beds a residential facility is licensed to have shall be	53809
reduced by each bed taken out of service under this section.	53810

Sec. 5123.198. (A) Whenever a resident of an intermediate	53811
care facility for the mentally retarded is committed to a	53812
state-operated intermediate care facility for the mentally	53813
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	53814
Code, the department of mental retardation and developmental	53815
disabilities shall reduce by one the number of residents for which	53816
the facility in which the resident resided is licensed, unless the	53817
facility admits an individual who resides in a state-operated	53818
intermediate care facility for the mentally retarded on the date	53819
of the commitment or another individual determined to need the	53820
level of care provided by such a facility and designated by the	53821
department not later than ninety days after the date of the	53822
commitment.	53823

(B) The department of mental retardation and developmental	53824
disabilities may notify the department of job and family services	53825
of any reduction under this section in the number of residents for	53826
which a facility is licensed. On receiving the notice, the	53827
department of job and family services may transfer to the	53828
department of mental retardation and developmental disabilities	53829
the savings in the nonfederal share of medicaid expenditures for	53830
each fiscal year after the year of the commitment to be used for	53831
costs of the resident's care in the state-operated intermediate	53832
care facility for the mentally retarded. In determining the amount	53833
saved, the department of job and family services shall consider	53834
medicaid payments for the remaining residents of the facility in	53835
which the resident resided.	53836

~~Sec. 5111.252.~~ Sec. 5123.199. (A) As used in this section:

53837

(1) "Contractor" means a person or government agency that has	53838
entered into a contract with the department of mental retardation	53839
and developmental disabilities under this section.	53840

(2) "Government agency" and "residential services" have the	53841
same meanings as in section 5123.18 of the Revised Code.	53842

(3) "Intermediate care facility for the mentally retarded"	53843
has the same meaning as in section 5111.20 of the Revised Code.	53844

(4) "Respite care services" has the same meaning as in	53845
section 5123.171 of the Revised Code.	53846

(B) The department of mental retardation and developmental	53847
disabilities may enter into a contract with a person or government	53848
agency to do any of the following:	53849

(1) Provide residential services in an intermediate care	53850
facility for the mentally retarded to an individual who meets the	53851
criteria for admission to such a facility but is not eligible for	53852
assistance under ~~this chapter~~Chapter 5111. of the Revised Code	53853
due to unliquidated assets subject to final probate action;	53854

(2) Provide respite care services in an intermediate care	53855
facility for the mentally retarded;	53856

(3) Provide residential services in a facility for which the	53857
person or government agency has applied for, but has not received,	53858
certification and payment as an intermediate care facility for the	53859
mentally retarded if the person or government agency is making a	53860
good faith effort to bring the facility into compliance with	53861
requirements for certification and payment as an intermediate care	53862
facility for the mentally retarded. In assigning payment amounts	53863
to such contracts, the department shall take into account costs	53864
incurred in attempting to meet certification requirements.	53865

(4) Reimburse an intermediate care facility for the mentally	53866
retarded for costs not otherwise reimbursed under ~~this chapter~~	53867
Chapter 5111. of the Revised Code for clothing for individuals who	53868
are mentally retarded or developmentally disabled. Reimbursement	53869
under such contracts shall not exceed a maximum amount per	53870
individual per year specified in rules that the department shall	53871
adopt in accordance with Chapter 119. of the Revised Code.	53872

(C) The amount paid to a contractor under divisions (B)(1) to	53873
(3) of this section shall not exceed the reimbursement that would	53874
be made under ~~this chapter~~Chapter 5111. of the Revised Code by	53875
the department of job and family services for the same goods and	53876
services.	53877

(D) The department of mental retardation and developmental	53878
disabilities shall adopt rules as necessary to implement this	53879
section, including rules establishing standards and procedures for	53880
the submission of cost reports by contractors and the department's	53881
conduct of audits and reconciliations regarding the contracts. The	53882
rules shall be adopted in accordance with Chapter 119. of the	53883
Revised Code.	53884

Sec. 5123.1910. (A) The director of mental retardation and	53885
developmental disabilities shall issue one or more residential	53886
facility licenses under section 5123.19 of the Revised Code to an	53887
applicant without requiring the applicant to have plans submitted,	53888
reviewed, or approved under section 5123.042 of the Revised Code	53889
for the residential facility if all of the following requirements	53890
are met:	53891

(1) The applicant satisfies the requirements for the license	53892
established by section 5123.19 of the Revised Code and rules	53893
adopted under that section, other than any rule that requires an	53894
applicant for a residential facility license to have plans	53895
submitted, reviewed, or approved under section 5123.042 of the	53896
Revised Code for the residential facility.	53897

(2) The applicant operates at least one residential facility	53898
licensed under section 5123.19 of the Revised Code on the	53899
effective date of this section.	53900

(3) The applicant provides services to individuals with	53901
mental retardation or a developmental disability who have a	53902
chronic, medically complex, or technology-dependent condition that	53903
requires special supervision or care, the majority of whom	53904
received habilitation services from the applicant before attaining	53905
eighteen years of age.	53906

(4) The applicant has created directly or through a corporate	53907
affiliate a research center that has the mission of funding,	53908
promoting, and carrying on scientific research in the public	53909
interest related to individuals with mental retardation or a	53910
developmental disability for the purpose of improving the lives of	53911
such individuals.	53912

(5) If the applicant seeks two or more residential facility	53913
licenses, the residential facilities for which a license is sought	53914
after the effective date of this section are located on the same	53915
or adjoining property sites.	53916

(6) The residential facilities for which the applicant seeks	53917
licensure have not more than eight beds each and forty-eight beds	53918
total.	53919

(7) The applicant, one or more of the applicant's corporate	53920
affiliates, or both employ or contract for, on a full-time basis,	53921
at least one licensed physician who is certified by the American	53922
board of pediatrics or would be eligible for certification from	53923
that board if the physician passed an examination necessary to	53924
obtain certification from that board.	53925

(8) The applicant, one or more of the applicant's corporate	53926
affiliates, or both have educational facilities suitable for the	53927
instruction of individuals under eighteen years of age with mental	53928
retardation or a developmental disability who have a medically	53929
complex or technology-dependent condition.	53930

(9) The applicant has a policy for giving individuals with	53931
mental retardation or a developmental disability who meet all of	53932
the following conditions priority over all others in admissions to	53933
one of the residential facilities licensed under section 5123.19	53934
of the Revised Code that the applicant operates on the effective	53935
date of this section:	53936

(a) Are under eighteen years of age;

53937

(b) Have a chronic, medically complex, or	53938
technology-dependent condition that requires special supervision	53939
or care;	53940

53941

(d) Reside in a nursing home, as defined in section 3721.01	53942
of the Revised Code, or a hospital, as defined in section 3727.01,	53943
prior to being admitted to the residential facility.	53944

(B) The director shall issue one or more residential facility	53945
licenses under section 5123.19 of the Revised Code to an applicant	53946
who meets all of the requirements of this section regardless of	53947
whether the requirements for approval of a plan for a proposed	53948
residential facility established by rules adopted under section	53949
5123.042 of the Revised Code are met.	53950

Sec. 5123.38. (A) Except as provided in division (B) and (C)	53951
of this section, if an individual receiving supported living or	53952
home and community-based services, as defined in section 5126.01	53953
of the Revised Code, funded by a county board of mental	53954
retardation and developmental disabilities is committed to a	53955
state-operated intermediate care facility for the mentally	53956
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	53957
Code, the department of mental retardation and developmental	53958
disabilities shall use the funds otherwise allocated to the county	53959
board as the nonfederal share of medicaid expenditures for the	53960
individual's care in the state-operated facility.	53961

(B) Division (A) of this section does not apply if the county	53962
board, not later than ninety days after the date of the commitment	53963
of a person receiving supported services, commences funding of	53964
supported living for an individual who resides in a state-operated	53965
intermediate care facility for the mentally retarded on the date	53966
of the commitment or another eligible individual designated by the	53967
department.	53968

(C) Division (A) of this section does not apply if the county	53969
board, not later than ninety days after the date of the commitment	53970
of a person receiving home and community-based services, commences	53971
funding of home and community-based services for an individual who	53972
resides in a state-operated intermediate care facility for the	53973
mentally retarded on the date of the commitment or another	53974
eligible individual designated by the department.	53975

Sec. 5123.60. (A) A legal rights service is hereby created	53976
and established to protect and advocate the rights of mentally ill	53977
persons, mentally retarded persons, developmentally disabled	53978
persons, and other disabled persons who may be represented by the	53979
service pursuant to division (L) of this section; to receive and	53980
act upon complaints concerning institutional and hospital	53981
practices and conditions of institutions for mentally retarded or	53982
developmentally disabled persons and hospitals for the mentally	53983
ill; and to assure that all persons detained, hospitalized,	53984
discharged, or institutionalized, and all persons whose detention,	53985
hospitalization, discharge, or institutionalization is sought or	53986
has been sought under this chapter or Chapter 5122. of the Revised	53987
Code are fully informed of their rights and adequately represented	53988
by counsel in proceedings under this chapter or Chapter 5122. of	53989
the Revised Code and in any proceedings to secure the rights of	53990
those persons. Notwithstanding the definitions of "mentally	53991
retarded person" and "developmentally disabled person" in section	53992
5123.01 of the Revised Code, the legal rights service shall	53993
determine who is a mentally retarded or developmentally disabled	53994
person for purposes of this section and sections 5123.601 to	53995
5123.604 of the Revised Code.	53996

(B) In regard to those persons detained, hospitalized, or	53997
institutionalized under Chapter 5122. of the Revised Code, the	53998
legal rights service shall undertake formal representation only of	53999
those persons who are involuntarily detained, hospitalized, or	54000
institutionalized pursuant to sections 5122.10 to 5122.15 of the	54001
Revised Code, and those voluntarily detained, hospitalized, or	54002
institutionalized who are minors, who have been adjudicated	54003
incompetent, who have been detained, hospitalized, or	54004
institutionalized in a public hospital, or who have requested	54005
representation by the legal rights service. If a person referred	54006
to in division (A) of this section voluntarily requests in writing	54007
that the legal rights service terminate participation in the	54008
person's case, such involvement shall cease.	54009

(C) Any person voluntarily hospitalized or institutionalized	54010
in a public hospital under division (A) of section 5122.02 of the	54011
Revised Code, after being fully informed of the person's rights	54012
under division (A) of this section, may, by written request, waive	54013
assistance by the legal rights service if the waiver is knowingly	54014
and intelligently made, without duress or coercion.	54015

The waiver may be rescinded at any time by the voluntary	54016
patient or resident, or by the voluntary patient's or resident's	54017
legal guardian.	54018

(D)(1) The legal rights service commission is hereby created	54019
for the purposes of appointing an administrator of the legal	54020
rights service, advising the administrator, assisting the	54021
administrator in developing a budget, advising the administrator	54022
in establishing and annually reviewing a strategic plan, creating	54023
a procedure for filing and determination of grievances against the	54024
legal rights service, and establishing general policy guidelines,	54025
including guidelines for the commencement of litigation, for the	54026
legal rights service. The commission may adopt rules to carry	54027
these purposes into effect and may receive and act upon appeals of	54028
personnel decisions by the administrator.	54029

(2) The commission shall consist of seven members. One	54030
member, who shall serve as chairperson, shall be appointed by the	54031
chief justice of the supreme court, three members shall be	54032
appointed by the speaker of the house of representatives, and	54033
three members shall be appointed by the president of the senate.	54034
At least two members shall have experience in the field of	54035
developmental disabilities, and at least two members shall have	54036
experience in the field of mental health. No member shall be a	54037
provider or related to a provider of services to mentally	54038
retarded, developmentally disabled, or mentally ill persons.	54039

(3) Terms of office of the members of the commission shall be	54040
for three years, each term ending on the same day of the month of	54041
the year as did the term which it succeeds. Each member shall	54042
serve subsequent to the expiration of the member's term until a	54043
successor is appointed and qualifies, or until sixty days has	54044
elapsed, whichever occurs first. No member shall serve more than	54045
two consecutive terms.	54046

All vacancies in the membership of the commission shall be	54047
filled in the manner prescribed for regular appointments to the	54048
commission and shall be limited to the unexpired terms.	54049

(4) The commission shall meet at least four times each year.	54050
Members shall be reimbursed for their necessary and actual	54051
expenses incurred in the performance of their official duties.	54052

(5) The administrator of the legal rights service shall be	54053
~~appointed for a five-year term, subject to removal for mental or~~	54054
~~physical incapacity to perform the duties of the office,~~	54055
~~conviction of violation of any law relating to the administrator's~~	54056
~~powers and duties, or other good cause shown~~serve at the pleasure	54057
of the commission.	54058

The administrator shall be a person who has had special	54059
training and experience in the type of work with which the legal	54060
rights service is charged. If the administrator is not an	54061
attorney, the administrator shall seek legal counsel when	54062
appropriate. The salary of the administrator shall be established	54063
in accordance with section 124.14 of the Revised Code.	54064

(E) The legal rights service shall be completely independent	54065
of the department of mental health and the department of mental	54066
retardation and developmental disabilities and, notwithstanding	54067
section 109.02 of the Revised Code, shall also be independent of	54068
the office of the attorney general. The administrator of the legal	54069
rights service, staff, and attorneys designated by the	54070
administrator to represent persons detained, hospitalized, or	54071
institutionalized under this chapter or Chapter 5122. of the	54072
Revised Code shall have ready access to the following:	54073

(1) During normal business hours and at other reasonable	54074
times, all records relating to expenditures of state and federal	54075
funds or to the commitment, care, treatment, and habilitation of	54076
all persons represented by the legal rights service, including	54077
those who may be represented pursuant to division (L) of this	54078
section, or persons detained, hospitalized, institutionalized, or	54079
receiving services under this chapter or Chapter 340., 5119.,	54080
5122., or 5126. of the Revised Code that are records maintained by	54081
the following entities providing services for those persons:	54082
departments; institutions; hospitals; community residential	54083
facilities; boards of alcohol, drug addiction, and mental health	54084
services; county boards of mental retardation and developmental	54085
disabilities; contract agencies of those boards; and any other	54086
entity providing services to persons who may be represented by the	54087
service pursuant to division (L) of this section;	54088

(2) Any records maintained in computerized data banks of the	54089
departments or boards or, in the case of persons who may be	54090
represented by the service pursuant to division (L) of this	54091
section, any other entity that provides services to those persons;	54092

(3) During their normal working hours, personnel of the	54093
departments, facilities, boards, agencies, institutions,	54094
hospitals, and other service-providing entities;	54095

(4) At any time, all persons detained, hospitalized, or	54096
institutionalized; persons receiving services under this chapter	54097
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	54098
persons who may be represented by the service pursuant to division	54099
(L) of this section.	54100

(F) The administrator of the legal rights service shall do	54101
the following:	54102

(1) Administer and organize the work of the legal rights	54103
service and establish administrative or geographic divisions as	54104
the administrator considers necessary, proper, and expedient;	54105

(2) Adopt and promulgate rules that are not in conflict with	54106
rules adopted by the commission and prescribe duties for the	54107
efficient conduct of the business and general administration of	54108
the legal rights service;	54109

(3) Appoint and discharge employees, and hire experts,	54110
consultants, advisors, or other professionally qualified persons	54111
as the administrator considers necessary to carry out the duties	54112
of the legal rights service;	54113

(4) Apply for and accept grants of funds, and accept	54114
charitable gifts and bequests;	54115

(5) Prepare and submit a budget to the general assembly for	54116
the operation of the legal rights service;. At least thirty days	54117
prior to submitting the budget to the general assembly, the	54118
administrator shall provide a copy of the budget to the commission	54119
for review and comment. When submitting the budget to the general	54120
assembly, the administrator shall include a copy of any written	54121
comments returned by the commission to the administrator.	54122

(6) Enter into contracts and make expenditures necessary for	54123
the efficient operation of the legal rights service;	54124

(7) Annually prepare a report of activities and submit copies	54125
of the report to the governor, the chief justice of the supreme	54126
court, the president of the senate, the speaker of the house of	54127
representatives, the director of mental health, and the director	54128
of mental retardation and developmental disabilities, and make the	54129
report available to the public;	54130

(8) Upon request of the commission or of the chairperson of	54131
the commission, report to the commission on specific litigation	54132
issues or activities.	54133

(G)(1) The legal rights service may act directly or contract	54134
with other organizations or individuals for the provision of the	54135
services envisioned under this section.	54136

(2) Whenever possible, the administrator shall attempt to	54137
facilitate the resolution of complaints through administrative	54138
channels. Subject to division (G)(3) of this section, if attempts	54139
at administrative resolution prove unsatisfactory, the	54140
administrator may pursue any legal, administrative, and other	54141
appropriate remedies or approaches that may be necessary to	54142
accomplish the purposes of this section.	54143

(3) The administrator may not pursue a class action lawsuit	54144
under division (G)(2) of this section when attempts at	54145
administrative resolution of a complaint prove unsatisfactory	54146
under that division unless both of the following have first	54147
occurred:	54148

(a) At least four members of the commission, by their	54149
affirmative vote, have consented to the pursuit of the class	54150
action lawsuit;	54151

(b) At least five members of the commission are present at	54152
the meeting of the commission at which that consent is obtained.	54153

(4) ~~Relationships~~Subject to division (G)(5) of this section,	54154
relationships between personnel and the agents of the legal rights	54155
service and its clients shall be fiduciary relationships, and all	54156
communications shall be confidential, as if between attorney and	54157
client.	54158

(5) Any person who has been represented by the legal rights	54159
service or who has applied for and been denied representation and	54160
who files a grievance with the service concerning the	54161
representation or application may appeal the decision of the	54162
service on the grievance to the commission. The person may appeal	54163
notwithstanding any objections of the person's legal guardian. The	54164
commission may examine any records relevant to the appeal and	54165
shall maintain the confidentiality of any records that are	54166
required to be kept confidential.	54167

(H) The legal rights service, on the order of the	54168
administrator, with the approval by an affirmative vote of at	54169
least four members of the commission, may compel by subpoena the	54170
appearance and sworn testimony of any person the administrator	54171
reasonably believes may be able to provide information or to	54172
produce any documents, books, records, papers, or other	54173
information necessary to carry out its duties.	54174

(I) The legal rights service may conduct public hearings.

54175

(J) The legal rights service may request from any	54176
governmental agency any cooperation, assistance, services, or data	54177
that will enable it to perform its duties.	54178

(K) In any malpractice action filed against the administrator	54179
of the legal rights service, a member of the staff of the legal	54180
rights service, or an attorney designated by the administrator to	54181
perform legal services under division (E) of this section, the	54182
state shall, when the administrator, member, or attorney has acted	54183
in good faith and in the scope of employment, indemnify the	54184
administrator, member, or attorney for any judgment awarded or	54185
amount negotiated in settlement, and for any court costs or legal	54186
fees incurred in defense of the claim.	54187

This division does not limit or waive, and shall not be	54188
construed to limit or waive, any defense that is available to the	54189
legal rights service, its administrator or employees, persons	54190
under a personal services contract with it, or persons designated	54191
under division (E) of this section, including, but not limited to,	54192
any defense available under section 9.86 of the Revised Code.	54193

(L) In addition to providing services to mentally ill,	54194
mentally retarded, or developmentally disabled persons, when a	54195
grant authorizing the provision of services to other individuals	54196
is accepted pursuant to division (F)(4) of this section, the legal	54197
rights service and its ombudsperson section may provide advocacy	54198
or ombudsperson services to those other individuals and exercise	54199
any other authority granted by this section or sections 5123.601	54200
to 5123.604 of the Revised Code on behalf of those individuals.	54201
Determinations of whether an individual is eligible for services	54202
under this division shall be made by the legal rights service.	54203

Sec. 5123.801. If neither a discharged resident, nor a	54204
resident granted trial visit, nor the persons requesting the	54205
resident's trial visit or discharge are financially able to bear	54206
the expense of the resident's trial visit or discharge, the	54207
managing officer of an institution under the control of the	54208
department of mental retardation and developmental disabilities	54209
may then provide actual traveling and escort expenses to the	54210
township of which the resident resided at the time of	54211
institutionalization. The amount payable shall be charged to the	54212
current expense fund of the institution.	54213

The expense of the return of a resident on trial visit from	54214
an institution, if it cannot be paid by the responsible relatives,	54215
shall be borne by the county of institutionalization.	54216

~~The managing officer of the institution shall take all proper~~	54217
~~measures for the apprehension of an escaped resident. The expense~~	54218
~~of the return of an escaped resident shall be borne by the~~	54219
~~institution where the resident is institutionalized.~~	54220

The managing officer of the institution shall provide	54221
sufficient and proper clothing for traveling if neither the	54222
resident nor the persons requesting the resident's trial visit or	54223
discharge are financially able to provide that clothing.	54224

Sec. 5123.851. When a resident institutionalized pursuant to	54225
this chapter is discharged from the institution, the managing	54226
officer of the institution may provide the resident with all	54227
personal items that were purchased in implementing the resident's	54228
habilitation plan established pursuant to section 5123.85 of the	54229
Revised Code. The personal items may be provided to the resident,	54230
regardless of the source of the funds that were used to purchase	54231
the items.	54232

Sec. 5126.01. As used in this chapter:

54233

(A) As used in this division, "adult" means an individual who	54234
is eighteen years of age or over and not enrolled in a program or	54235
service under Chapter 3323. of the Revised Code and an individual	54236
sixteen or seventeen years of age who is eligible for adult	54237
services under rules adopted by the director of mental retardation	54238
and developmental disabilities pursuant to Chapter 119. of the	54239
Revised Code.	54240

(1) "Adult services" means services provided to an adult	54241
outside the home, except when they are provided within the home	54242
according to an individual's assessed needs and identified in an	54243
individual service plan, that support learning and assistance in	54244
the area of self-care, sensory and motor development,	54245
socialization, daily living skills, communication, community	54246
living, social skills, or vocational skills.	54247

(2) "Adult services" includes all of the following:

54248

(a) Adult day habilitation services;

54249

(b) Adult day care;

54250

54251

(d) Sheltered employment;

54252

(e) Educational experiences and training obtained through	54253
entities and activities that are not expressly intended for	54254
individuals with mental retardation and developmental	54255
disabilities, including trade schools, vocational or technical	54256
schools, adult education, job exploration and sampling, unpaid	54257
work experience in the community, volunteer activities, and	54258
spectator sports;	54259

(f) Community employment services and supported employment	54260
services.	54261

(B)(1) "Adult day habilitation services" means adult services	54262
that do the following:	54263

(a) Provide access to and participation in typical activities	54264
and functions of community life that are desired and chosen by the	54265
general population, including such activities and functions as	54266
opportunities to experience and participate in community	54267
exploration, companionship with friends and peers, leisure	54268
activities, hobbies, maintaining family contacts, community	54269
events, and activities where individuals without disabilities are	54270
involved;	54271

(b) Provide supports or a combination of training and	54272
supports that afford an individual a wide variety of opportunities	54273
to facilitate and build relationships and social supports in the	54274
community.	54275

(2) "Adult day habilitation services" includes all of the	54276
following:	54277

(a) Personal care services needed to ensure an individual's	54278
ability to experience and participate in vocational services,	54279
educational services, community activities, and any other adult	54280
day habilitation services;	54281

(b) Skilled services provided while receiving adult day	54282
habilitation services, including such skilled services as behavior	54283
management intervention, occupational therapy, speech and language	54284
therapy, physical therapy, and nursing services;	54285

(c) Training and education in self-determination designed to	54286
help the individual do one or more of the following: develop	54287
self-advocacy skills, exercise the individual's civil rights,	54288
acquire skills that enable the individual to exercise control and	54289
responsibility over the services received, and acquire skills that	54290
enable the individual to become more independent, integrated, or	54291
productive in the community;	54292

(d) Recreational and leisure activities identified in the	54293
individual's service plan as therapeutic in nature or assistive in	54294
developing or maintaining social supports;	54295

(e) Counseling and assistance provided to obtain housing,	54296
including such counseling as identifying options for either rental	54297
or purchase, identifying financial resources, assessing needs for	54298
environmental modifications, locating housing, and planning for	54299
ongoing management and maintenance of the housing selected;	54300

(f) Transportation necessary to access adult day habilitation	54301
services;	54302

(g) Habilitation management, as described in section 5126.14	54303
of the Revised Code.	54304

(3) "Adult day habilitation services" does not include	54305
activities that are components of the provision of residential	54306
services, family support services, or supported living services.	54307

(C) "Community employment services" or "supported employment	54308
services" means job training and other services related to	54309
employment outside a sheltered workshop. "Community employment	54310
services" or "supported employment services" include all of the	54311
following:	54312

(1) Job training resulting in the attainment of competitive	54313
work, supported work in a typical work environment, or	54314
self-employment;	54315

(2) Supervised work experience through an employer paid to	54316
provide the supervised work experience;	54317

(3) Ongoing work in a competitive work environment at a wage	54318
commensurate with workers without disabilities;	54319

(4) Ongoing supervision by an employer paid to provide the	54320
supervision.	54321

(D) As used in this division, "substantial functional	54322
limitation," "developmental delay," and "established risk" have	54323
the meanings established pursuant to section 5123.011 of the	54324
Revised Code.	54325

"Developmental disability" means a severe, chronic disability	54326
that is characterized by all of the following:	54327

(1) It is attributable to a mental or physical impairment or	54328
a combination of mental and physical impairments, other than a	54329
mental or physical impairment solely caused by mental illness as	54330
defined in division (A) of section 5122.01 of the Revised Code;	54331

(2) It is manifested before age twenty-two;

54332

(3) It is likely to continue indefinitely;

54333

(4) It results in one of the following:

54334

(a) In the case of a person under age three, at least one	54335
developmental delay or an established risk;	54336

(b) In the case of a person at least age three but under age	54337
six, at least two developmental delays or an established risk;	54338

(c) In the case of a person age six or older, a substantial	54339
functional limitation in at least three of the following areas of	54340
major life activity, as appropriate for the person's age:	54341
self-care, receptive and expressive language, learning, mobility,	54342
self-direction, capacity for independent living, and, if the	54343
person is at least age sixteen, capacity for economic	54344
self-sufficiency.	54345

(5) It causes the person to need a combination and sequence	54346
of special, interdisciplinary, or other type of care, treatment,	54347
or provision of services for an extended period of time that is	54348
individually planned and coordinated for the person.	54349

(E) "Early childhood services" means a planned program of	54350
habilitation designed to meet the needs of individuals with mental	54351
retardation or other developmental disabilities who have not	54352
attained compulsory school age.	54353

(F)(1) "Environmental modifications" means the physical	54354
adaptations to an individual's home, specified in the individual's	54355
service plan, that are necessary to ensure the individual's	54356
health, safety, and welfare or that enable the individual to	54357
function with greater independence in the home, and without which	54358
the individual would require institutionalization.	54359

(2) "Environmental modifications" includes such adaptations	54360
as installation of ramps and grab-bars, widening of doorways,	54361
modification of bathroom facilities, and installation of	54362
specialized electric and plumbing systems necessary to accommodate	54363
the individual's medical equipment and supplies.	54364

(3) "Environmental modifications" does not include physical	54365
adaptations or improvements to the home that are of general	54366
utility or not of direct medical or remedial benefit to the	54367
individual, including such adaptations or improvements as	54368
carpeting, roof repair, and central air conditioning.	54369

(G) "Family support services" means the services provided	54370
under a family support services program operated under section	54371
5126.11 of the Revised Code.	54372

(H) "Habilitation" means the process by which the staff of	54373
the facility or agency assists an individual with mental	54374
retardation or other developmental disability in acquiring and	54375
maintaining those life skills that enable the individual to cope	54376
more effectively with the demands of the individual's own person	54377
and environment, and in raising the level of the individual's	54378
personal, physical, mental, social, and vocational efficiency.	54379
Habilitation includes, but is not limited to, programs of formal,	54380
structured education and training.	54381

(I) "Habilitation center services" means services provided by	54382
a habilitation center certified by the department of mental	54383
retardation and developmental disabilities under section 5123.041	54384
of the Revised Code and covered by the medicaid program pursuant	54385
to rules adopted under section 5111.041 of the Revised Code.	54386

(J) "Home and community-based services" means medicaid-funded	54387
home and community-based services provided under athe medicaid	54388
~~component~~components the department of mental retardation and	54389
developmental disabilities administers pursuant to section	54390
5111.871 of the Revised Code.	54391

(K) "Medicaid" has the same meaning as in section 5111.01 of	54392
the Revised Code.	54393

(L) "Medicaid case management services" means case management	54394
services provided to an individual with mental retardation or	54395
other developmental disability that the state medicaid plan	54396
requires.	54397

(M) "Mental retardation" means a mental impairment manifested	54398
during the developmental period characterized by significantly	54399
subaverage general intellectual functioning existing concurrently	54400
with deficiencies in the effectiveness or degree with which an	54401
individual meets the standards of personal independence and social	54402
responsibility expected of the individual's age and cultural	54403
group.	54404

(N) "Residential services" means services to individuals with	54405
mental retardation or other developmental disabilities to provide	54406
housing, food, clothing, habilitation, staff support, and related	54407
support services necessary for the health, safety, and welfare of	54408
the individuals and the advancement of their quality of life.	54409
"Residential services" includes program management, as described	54410
in section 5126.14 of the Revised Code.	54411

(O) "Resources" means available capital and other assets,	54412
including moneys received from the federal, state, and local	54413
governments, private grants, and donations; appropriately	54414
qualified personnel; and appropriate capital facilities and	54415
equipment.	54416

(P) "Service and support administration" means the duties	54417
performed by a service and support administrator pursuant to	54418
section 5126.15 of the Revised Code.	54419

(Q)(1) "Specialized medical, adaptive, and assistive	54420
equipment, supplies, and supports" means equipment, supplies, and	54421
supports that enable an individual to increase the ability to	54422
perform activities of daily living or to perceive, control, or	54423
communicate within the environment.	54424

(2) "Specialized medical, adaptive, and assistive equipment,	54425
supplies, and supports" includes the following:	54426

(a) Eating utensils, adaptive feeding dishes, plate guards,	54427
mylatex straps, hand splints, reaches, feeder seats, adjustable	54428
pointer sticks, interpreter services, telecommunication devices	54429
for the deaf, computerized communications boards, other	54430
communication devices, support animals, veterinary care for	54431
support animals, adaptive beds, supine boards, prone boards,	54432
wedges, sand bags, sidelayers, bolsters, adaptive electrical	54433
switches, hand-held shower heads, air conditioners, humidifiers,	54434
emergency response systems, folding shopping carts, vehicle lifts,	54435
vehicle hand controls, other adaptations of vehicles for	54436
accessibility, and repair of the equipment received.	54437

(b) Nondisposable items not covered by medicaid that are	54438
intended to assist an individual in activities of daily living or	54439
instrumental activities of daily living.	54440

(R) "Supportive home services" means a range of services to	54441
families of individuals with mental retardation or other	54442
developmental disabilities to develop and maintain increased	54443
acceptance and understanding of such persons, increased ability of	54444
family members to teach the person, better coordination between	54445
school and home, skills in performing specific therapeutic and	54446
management techniques, and ability to cope with specific	54447
situations.	54448

(S)(1) "Supported living" means services provided for as long	54449
as twenty-four hours a day to an individual with mental	54450
retardation or other developmental disability through any public	54451
or private resources, including moneys from the individual, that	54452
enhance the individual's reputation in community life and advance	54453
the individual's quality of life by doing the following:	54454

(a) Providing the support necessary to enable an individual	54455
to live in a residence of the individual's choice, with any number	54456
of individuals who are not disabled, or with not more than three	54457
individuals with mental retardation and developmental disabilities	54458
unless the individuals are related by blood or marriage;	54459

(b) Encouraging the individual's participation in the	54460
community;	54461

54462

(d) Assisting the individual in acquiring, retaining, and	54463
improving the skills and competence necessary to live successfully	54464
in the individual's residence.	54465

(2) "Supported living" includes the provision of all of the	54466
following:	54467

(a) Housing, food, clothing, habilitation, staff support,	54468
professional services, and any related support services necessary	54469
to ensure the health, safety, and welfare of the individual	54470
receiving the services;	54471

(b) A combination of life-long or extended-duration	54472
supervision, training, and other services essential to daily	54473
living, including assessment and evaluation and assistance with	54474
the cost of training materials, transportation, fees, and	54475
supplies;	54476

54477

(d) Household maintenance that does not include modifications	54478
to the physical structure of the residence;	54479

(e) Respite care services;

54480

(f) Program management, as described in section 5126.14 of	54481
the Revised Code.	54482

Sec. 5126.042. (A) As used in this section:

54483

~~(1) "Emergency"~~, "emergency" means any situation that creates	54484
for an individual with mental retardation or developmental	54485
disabilities a risk of substantial self-harm or substantial harm	54486
to others if action is not taken within thirty days. An	54487
"emergency" may include one or more of the following situations:	54488

~~(a)~~(1) Loss of present residence for any reason, including	54489
legal action;	54490

~~(b)~~(2) Loss of present caretaker for any reason, including	54491
serious illness of the caretaker, change in the caretaker's	54492
status, or inability of the caretaker to perform effectively for	54493
the individual;	54494

~~(c)~~(3) Abuse, neglect, or exploitation of the individual;

54495

~~(d)~~(4) Health and safety conditions that pose a serious risk	54496
to the individual or others of immediate harm or death;	54497

~~(e)~~(5) Change in the emotional or physical condition of the	54498
individual that necessitates substantial accommodation that cannot	54499
be reasonably provided by the individual's existing caretaker.	54500

~~(2) "Medicaid" has the same meaning as in section 5111.01 of~~	54501
~~the Revised Code.~~	54502

(B) If a county board of mental retardation and developmental	54503
disabilities determines that available resources are not	54504
sufficient to meet the needs of all individuals who request	54505
programs and services and may be offered the programs and	54506
services, it shall establish waiting lists for services. The board	54507
may establish priorities for making placements on its waiting	54508
lists according to an individual's emergency status and shall	54509
establish priorities in accordance with ~~division~~divisions (D) and	54510
(E) of this section.	54511

The individuals who may be placed on a waiting list include	54512
individuals with a need for services on an emergency basis and	54513
individuals who have requested services for which resources are	54514
not available.	54515

Except for an individual who is to receive priority for	54516
services pursuant to division (D)(3) of this section, an	54517
individual who currently receives a service but would like to	54518
change to another service shall not be placed on a waiting list	54519
but shall be placed on a service substitution list. The board	54520
shall work with the individual, service providers, and all	54521
appropriate entities to facilitate the change in service as	54522
expeditiously as possible. The board may establish priorities for	54523
making placements on its service substitution lists according to	54524
an individual's emergency status.	54525

In addition to maintaining waiting lists and service	54526
substitution lists, a board shall maintain a long-term service	54527
planning registry for individuals who wish to record their	54528
intention to request in the future a service they are not	54529
currently receiving. The purpose of the registry is to enable the	54530
board to document requests and to plan appropriately. The board	54531
may not place an individual on the registry who meets the	54532
conditions for receipt of services on an emergency basis.	54533

(C) A county board shall establish a separate waiting list	54534
for each of the following categories of services, and may	54535
establish separate waiting lists within the waiting lists:	54536

(1) Early childhood services;

54537

(2) Educational programs for preschool and school age	54538
children;	54539

(3) Adult services;

54540

(4) Service and support administration;

54541

(5) Residential services and supported living;

54542

(6) Transportation services;

54543

(7) Other services determined necessary and appropriate for	54544
persons with mental retardation or a developmental disability	54545
according to their individual habilitation or service plans;	54546

(8) Family support services provided under section 5126.11 of	54547
the Revised Code.	54548

(D) Except as provided in division ~~(F)~~(G) of this section, a	54549
county board shall do, as priorities, all of the following in	54550
accordance with the assessment component, approved under section	54551
5123.046 of the Revised Code, of the county board's plan developed	54552
under section 5126.054 of the Revised Code:	54553

(1) For the purpose of obtaining additional federal medicaid	54554
funds for home and community-based services, medicaid case	54555
management services, and habilitation center services, do both of	54556
the following:	54557

(a) Give an individual who is eligible for home and	54558
community-based services and meets both of the following	54559
requirements priority over any other individual on a waiting list	54560
established under division (C) of this section for home and	54561
community-based services that include supported living,	54562
residential services, or family support services:	54563

(i) Is twenty-two years of age or older;

54564

(ii) Receives supported living or family support services.

54565

(b) Give an individual who is eligible for home and	54566
community-based services and meets both of the following	54567
requirements priority over any other individual on a waiting list	54568
established under division (C) of this section for home and	54569
community-based services that include adult services:	54570

(i) Resides in the individual's own home or the home of the	54571
individual's family and will continue to reside in that home after	54572
enrollment in home and community-based services;	54573

(ii) Receives adult services from the county board.

54574

(2) As federal medicaid funds become available pursuant to	54575
division (D)(1) of this section, give an individual who is	54576
eligible for home and community-based services and meets any of	54577
the following requirements priority for such services over any	54578
other individual on a waiting list established under division (C)	54579
of this section:	54580

(a) Does not receive residential services or supported	54581
living, either needs services in the individual's current living	54582
arrangement or will need services in a new living arrangement, and	54583
has a primary caregiver who is sixty years of age or older;	54584

(b) Is less than twenty-two years of age and has at least one	54585
of the following service needs that are unusual in scope or	54586
intensity:	54587

(i) Severe behavior problems for which a behavior support	54588
plan is needed;	54589

(ii) An emotional disorder for which anti-psychotic	54590
medication is needed;	54591

(iii) A medical condition that leaves the individual	54592
dependent on life-support medical technology;	54593

(iv) A condition affecting multiple body systems for which a	54594
combination of specialized medical, psychological, educational, or	54595
habilitation services are needed;	54596

(v) A condition the county board determines to be comparable	54597
in severity to any condition described in division (D)(2)(b)(i) to	54598
(iv) of this section and places the individual at significant risk	54599
of institutionalization.	54600

(c) Is twenty-two years of age or older, does not receive	54601
residential services or supported living, and is determined by the	54602
county board to have intensive needs for home and community-based	54603
services on an in-home or out-of-home basis.	54604

(3) In fiscal years 2002 and 2003, give an individual who is	54605
eligible for home and community-based services, resides in an	54606
intermediate care facility for the mentally retarded or nursing	54607
facility, chooses to move to another setting with the help of home	54608
and community-based services, and has been determined by the	54609
department of mental retardation and developmental disabilities to	54610
be capable of residing in the other setting, priority over any	54611
other individual on a waiting list established under division (C)	54612
of this section for home and community-based services who does not	54613
meet these criteria. The department of mental retardation and	54614
developmental disabilities shall identify the individuals to	54615
receive priority under division (D)(3) of this section, assess the	54616
needs of the individuals, and notify the county boards that are to	54617
provide the individuals priority under division (D)(3) of this	54618
section of the individuals identified by the department and the	54619
individuals' assessed needs.	54620

(E) Except as provided in division (G) of this section and	54621
for a number of years and beginning on a date specified in rules	54622
adopted under division (K) of this section, a county board shall	54623
give an individual who is eligible for home and community-based	54624
services, resides in a nursing facility, and chooses to move to	54625
another setting with the help of home and community-based	54626
services, priority over any other individual on a waiting list	54627
established under division (C) of this section for home and	54628
community-based services who does not meet these criteria.	54629

(F) If two or more individuals on a waiting list established	54630
under division (C) of this section for home and community-based	54631
services have priority for the services pursuant to division	54632
(D)(1) or (2) or (E) of this section, a county board may use,	54633
until December 31, 2003, criteria specified in rules adopted under	54634
division ~~(J)~~(K)(2) of this section in determining the order in	54635
which the individuals with priority will be offered the services.	54636
Otherwise, the county board shall offer the home and	54637
community-based services to such individuals in the order they are	54638
placed on the waiting list.	54639

~~(F)~~(G)(1) No individual may receive priority for services	54640
pursuant to division (D) or (E) of this section over an individual	54641
placed on a waiting list established under division (C) of this	54642
section on an emergency status.	54643

(2) No more than four hundred individuals in the state may	54644
receive priority for services during the 2002 and 2003 biennium	54645
pursuant to division (D)(2)(b) of this section.	54646

(3) No more than a total of seventy-five individuals in the	54647
state may receive priority for services during state fiscal years	54648
2002 and 2003 pursuant to division (D)(3) of this section.	54649

~~(G)~~(4) No more than forty individuals in the state may	54650
receive priority for services pursuant to division (E) of this	54651
section for each year that priority category is in effect as	54652
specified in rules adopted under division (K) of this section.	54653

(H) Prior to establishing any waiting list under this	54654
section, a county board shall develop and implement a policy for	54655
waiting lists that complies with this section and rules adopted	54656
under division ~~(J)~~(K) of this section.	54657

Prior to placing an individual on a waiting list, the county	54658
board shall assess the service needs of the individual in	54659
accordance with all applicable state and federal laws. The county	54660
board shall place the individual on the appropriate waiting list	54661
and may place the individual on more than one waiting list. The	54662
county board shall notify the individual of the individual's	54663
placement and position on each waiting list on which the	54664
individual is placed.	54665

At least annually, the county board shall reassess the	54666
service needs of each individual on a waiting list. If it	54667
determines that an individual no longer needs a program or	54668
service, the county board shall remove the individual from the	54669
waiting list. If it determines that an individual needs a program	54670
or service other than the one for which the individual is on the	54671
waiting list, the county board shall provide the program or	54672
service to the individual or place the individual on a waiting	54673
list for the program or service in accordance with the board's	54674
policy for waiting lists.	54675

When a program or service for which there is a waiting list	54676
becomes available, the county board shall reassess the service	54677
needs of the individual next scheduled on the waiting list to	54678
receive that program or service. If the reassessment demonstrates	54679
that the individual continues to need the program or service, the	54680
board shall offer the program or service to the individual. If it	54681
determines that an individual no longer needs a program or	54682
service, the county board shall remove the individual from the	54683
waiting list. If it determines that an individual needs a program	54684
or service other than the one for which the individual is on the	54685
waiting list, the county board shall provide the program or	54686
service to the individual or place the individual on a waiting	54687
list for the program or service in accordance with the board's	54688
policy for waiting lists. The county board shall notify the	54689
individual of the individual's placement and position on the	54690
waiting list on which the individual is placed.	54691

~~(H)~~(I) A child subject to a determination made pursuant to	54692
section 121.38 of the Revised Code who requires the home and	54693
community-based services provided through ~~the~~a medicaid component	54694
that the department of mental retardation and developmental	54695
disabilities administers under section 5111.871 of the Revised	54696
Code shall receive services through that medicaid component. For	54697
all other services, a child subject to a determination made	54698
pursuant to section 121.38 of the Revised Code shall be treated as	54699
an emergency by the county boards and shall not be subject to a	54700
waiting list.	54701

~~(I)~~(J) Not later than the fifteenth day of March of each	54702
even-numbered year, each county board shall prepare and submit to	54703
the director of mental retardation and developmental disabilities	54704
its recommendations for the funding of services for individuals	54705
with mental retardation and developmental disabilities and its	54706
proposals for reducing the waiting lists for services.	54707

~~(J)~~(K)(1) The department of mental retardation and	54708
developmental disabilities shall adopt rules in accordance with	54709
Chapter 119. of the Revised Code governing waiting lists	54710
established under this section. The rules shall include procedures	54711
to be followed to ensure that the due process rights of	54712
individuals placed on waiting lists are not violated.	54713

(2) As part of the rules adopted under this division, the	54714
department shall adopt~~, not later than December 31, 2001,~~ rules	54715
establishing criteria a county board may use under division ~~(E)~~(F)	54716
of this section in determining the order in which individuals with	54717
priority for home and community-based services will be offered the	54718
services. The rules shall also specify conditions under which a	54719
county board, when there is no individual with priority for home	54720
and community-based services pursuant to division (D)(1) or (2) or	54721
(E) of this section available and appropriate for the services,	54722
may offer the services to an individual on a waiting list for the	54723
services but not given such priority for the services. The rules	54724
adopted under division ~~(J)~~(K)(2) of this section shall cease to	54725
have effect December 31, 2003.	54726

~~(K)~~(3) As part of the rules adopted under this division, the	54727
department shall adopt rules specifying both of the following for	54728
the priority category established under division (E) of this	54729
section:	54730

(a) The number of years, which shall not exceed five, that	54731
the priority category will be in effect;	54732

(b) The date that the priority category is to go into effect.

54733

(L) The following shall take precedence over the applicable	54734
provisions of this section:	54735

(1) Medicaid rules and regulations;

54736

(2) Any specific requirements that may be contained within a	54737
medicaid state plan amendment or waiver program that a county	54738
board has authority to administer or with respect to which it has	54739
authority to provide services, programs, or supports.	54740

Sec. 5126.11. (A) As used in this section, "respite care"	54741
means appropriate, short-term, temporary care that is provided to	54742
a mentally retarded or developmentally disabled person to sustain	54743
the family structure or to meet planned or emergency needs of the	54744
family.	54745

(B) Subject to rules adopted by the director of mental	54746
retardation and developmental disabilities, and subject to the	54747
availability of money from state and federal sources, the county	54748
board of mental retardation and developmental disabilities shall	54749
establish a family support services program. Under such a program,	54750
the board shall make payments to an individual with mental	54751
retardation or other developmental disability or the family of an	54752
individual with mental retardation or other developmental	54753
disability who desires to remain in and be supported in the family	54754
home. Payments shall be made for all or part of costs incurred or	54755
estimated to be incurred for services that would promote	54756
self-sufficiency and normalization, prevent or reduce	54757
inappropriate institutional care, and further the unity of the	54758
family by enabling the family to meet the special needs of the	54759
individual and to live as much like other families as possible.	54760
Payments may be made in the form of reimbursement for expenditures	54761
or in the form of vouchers to be used to purchase services.	54762

(C) Payment shall not be made under this section to an	54763
individual or the individual's family if the individual is living	54764
in a residential facility that is providing residential services	54765
under contract with the department of mental retardation and	54766
developmental disabilities or a county board.	54767

(D) Payments may be made for the following services:

54768

(1) Respite care, in or out of the home;

54769

(2) Counseling, supervision, training, and education of the	54770
individual, the individual's caregivers, and members of the	54771
individual's family that aid the family in providing proper care	54772
for the individual, provide for the special needs of the family,	54773
and assist in all aspects of the individual's daily living;	54774

(3) Special diets, purchase or lease of special equipment, or	54775
modifications of the home, if such diets, equipment, or	54776
modifications are necessary to improve or facilitate the care and	54777
living environment of the individual;	54778

(4) Providing support necessary for the individual's	54779
continued skill development, including such services as	54780
development of interventions to cope with unique problems that may	54781
occur within the complexity of the family, enrollment of the	54782
individual in special summer programs, provision of appropriate	54783
leisure activities, and other social skills development	54784
activities;	54785

(5) Any other services that are consistent with the purposes	54786
specified in division (B) of this section and specified in the	54787
individual's service plan.	54788

(E) In order to be eligible for payments under a family	54789
support services program, the individual or the individual's	54790
family must reside in the county served by the county board, and	54791
the individual must be in need of habilitation. Payments shall be	54792
adjusted for income in accordance with the payment schedule	54793
established in rules adopted under this section. Payments shall be	54794
made only after the county board has taken into account all other	54795
available assistance for which the individual or family is	54796
eligible.	54797

(F) Before incurring expenses for a service for which payment	54798
will be sought under a family support services program, the	54799
individual or family shall apply to the county board for a	54800
determination of eligibility and approval of the service. The	54801
service need not be provided in the county served by the county	54802
board. After being determined eligible and receiving approval for	54803
the service, the individual or family may incur expenses for the	54804
service or use the vouchers received from the county board for the	54805
purchase of the service.	54806

If the county board refuses to approve a service, an appeal	54807
may be made in accordance with rules adopted by the department	54808
under this section.	54809

(G) To be reimbursed for expenses incurred for approved	54810
services, the individual or family shall submit to the county	54811
board a statement of the expenses incurred accompanied by any	54812
evidence required by the board. To redeem vouchers used to	54813
purchase approved services, the entity that provided the service	54814
shall submit to the county board evidence that the service was	54815
provided and a statement of the charges. The county board shall	54816
make reimbursements and redeem vouchers no later than forty-five	54817
days after it receives the statements and evidence required by	54818
this division.	54819

(H) A county board shall consider the following objectives in	54820
carrying out a family support services program:	54821

(1) Enabling individuals to return to their families from an	54822
institution under the jurisdiction of the department of mental	54823
retardation and developmental disabilities;	54824

(2) Enabling individuals found to be subject to	54825
institutionalization by court order under section 5123.76 of the	54826
Revised Code to remain with their families with the aid of	54827
payments provided under this section;	54828

(3) Providing services to eligible children and adults	54829
currently residing in the community;	54830

(4) Providing services to individuals with developmental	54831
disabilities who are not receiving other services from the board.	54832

(I) The director shall adopt, and may amend and rescind,	54833
rules for the implementation of family support services programs	54834
by county boards. Such rules shall include the following:	54835

(1) A payment schedule adjusted for income;

54836

(2) A formula for distributing to county boards the money	54837
appropriated for family support services;	54838

(3) Standards for supervision, training, and quality control	54839
in the provision of respite care services;	54840

(4) Eligibility standards and procedures for providing	54841
temporary emergency respite care;	54842

(5) Procedures for hearing and deciding appeals made under	54843
division (F) of this section;	54844

(6) Requirements to be followed by county boards regarding	54845
reports submitted under division (K) of this section.	54846

Rules adopted under divisions (I)(1) and (2) of this section	54847
shall be adopted in accordance with section 111.15 of the Revised	54848
Code. Rules adopted under divisions (I)(3) to (6) of this section	54849
shall be adopted in accordance with Chapter 119. of the Revised	54850
Code.	54851

(J) All individuals certified by the superintendent of the	54852
county board as eligible for temporary emergency respite care in	54853
accordance with rules adopted under this section shall be	54854
considered eligible for temporary emergency respite care for not	54855
more than five days to permit the determination of eligibility for	54856
family support services. The requirements of divisions (E) and (F)	54857
of this section do not apply to temporary emergency respite care.	54858

(K) ~~On the first day of July of each year, the~~The department	54859
of mental retardation and developmental disabilities shall	54860
distribute to county boards money appropriated for family support	54861
services in quarterly installments of equal amounts. The	54862
installments shall be made not later than the thirtieth day of	54863
September, the thirty-first day of December, the thirty-first day	54864
of March, and the thirtieth day of June. A county board shall use	54865
no more than seven per cent of the funds for administrative costs.	54866
Each county board shall submit reports to the department on	54867
payments made under this section. The reports shall be submitted	54868
at those times and in the manner specified in rules adopted under	54869
this section.	54870

(L) The county board shall not be required to make payments	54871
for family support services at a level that exceeds available	54872
state and federal funds for such payments.	54873

Sec. 5126.12. (A) As used in this section:

54874

(1) "Approved school age class" means a class operated by a	54875
county board of mental retardation and developmental disabilities	54876
and funded by the department of education under section 3317.20 of	54877
the Revised Code.	54878

(2) "Approved preschool unit" means a class or unit operated	54879
by a county board of mental retardation and developmental	54880
disabilities and approved ~~by the state board of education~~ under	54881
division (B) of section 3317.05 of the Revised Code.	54882

(3) "Active treatment" means a continuous treatment program,	54883
which includes aggressive, consistent implementation of a program	54884
of specialized and generic training, treatment, health services,	54885
and related services, that is directed toward the acquisition of	54886
behaviors necessary for an individual with mental retardation or	54887
other developmental disability to function with as much	54888
self-determination and independence as possible and toward the	54889
prevention of deceleration, regression, or loss of current optimal	54890
functional status.	54891

(4) "Eligible for active treatment" means that an individual	54892
with mental retardation or other developmental disability resides	54893
in an intermediate care facility for the mentally retarded	54894
certified under Title XIX of the "Social Security Act," 4979	54895
Stat. ~~620~~286 (~~1935~~1965), 42 U.S.C. ~~301~~1396, as amended; resides	54896
in a state institution operated by the department of mental	54897
retardation and developmental disabilities; or is enrolled in a	54898
home and community-based services waiver program ~~administered by~~	54899
~~the department of mental retardation and developmental~~	54900
~~disabilities as part of the medical assistance program established~~	54901
~~under section 5111.01 of the Revised Code~~.	54902

(5) "Community alternative funding system" means the program	54903
under which habilitation center services are reimbursed under the	54904
medicaid program pursuant to section 5111.041 of the Revised Code	54905
and rules adopted under that section.	54906

(6) "Traditional adult services" means vocational and	54907
nonvocational activities conducted within a sheltered workshop or	54908
adult activity center or supportive home services.	54909

(B) Each county board of mental retardation and developmental	54910
disabilities shall certify to the director of mental retardation	54911
and developmental disabilities all of the following:	54912

(1) On or before the fifteenth day of October, the average	54913
daily membership for the first full week of programs and services	54914
during October receiving:	54915

(a) Early childhood services provided pursuant to section	54916
5126.05 of the Revised Code for children who are less than three	54917
years of age on the thirtieth day of September of the academic	54918
year;	54919

(b) Special education for handicapped children in approved	54920
school age classes;	54921

(c) Adult services for persons sixteen years of age and older	54922
operated pursuant to section 5126.05 and division (B) of section	54923
5126.051 of the Revised Code. Separate counts shall be made for	54924
the following:	54925

(i) Persons enrolled in traditional adult services who are	54926
eligible for but not enrolled in active treatment under the	54927
community alternative funding system;	54928

(ii) Persons enrolled in traditional adult services who are	54929
eligible for and enrolled in active treatment under the community	54930
alternative funding system;	54931

(iii) Persons enrolled in traditional adult services but who	54932
are not eligible for active treatment under the community	54933
alternative funding system;	54934

(iv) Persons participating in community employment services.	54935
To be counted as participating in community employment services, a	54936
person must have spent an average of no less than ten hours per	54937
week in that employment during the preceding six months.	54938

(d) Other programs in the county for individuals with mental	54939
retardation and developmental disabilities that have been approved	54940
for payment of subsidy by the department of mental retardation and	54941
developmental disabilities.	54942

The membership in each such program and service in the county	54943
shall be reported on forms prescribed by the department of mental	54944
retardation and developmental disabilities.	54945

The department of mental retardation and developmental	54946
disabilities shall adopt rules defining full-time equivalent	54947
enrollees and for determining the average daily membership	54948
therefrom, except that certification of average daily membership	54949
in approved school age classes shall be in accordance with rules	54950
adopted by the state board of education. The average daily	54951
membership figure shall be determined by dividing the amount	54952
representing the sum of the number of enrollees in each program or	54953
service in the week for which the certification is made by the	54954
number of days the program or service was offered in that week. No	54955
enrollee may be counted in average daily membership for more than	54956
one program or service.	54957

(2) By the fifteenth day of December, the number of children	54958
enrolled in approved preschool units on the first day of December;	54959

(3) On or before the thirtieth day of March, an itemized	54960
report of all income and operating expenditures for the	54961
immediately preceding calendar year, in the format specified by	54962
the department of mental retardation and developmental	54963
disabilities;	54964

(4) By the fifteenth day of February, a report of the total	54965
annual cost per enrollee for operation of programs and services in	54966
the preceding calendar year. The report shall include a grand	54967
total of all programs operated, the cost of the individual	54968
programs, and the sources of funds applied to each program.	54969

(5) That each required certification and report is in	54970
accordance with rules established by the department of mental	54971
retardation and developmental disabilities and the state board of	54972
education for the operation and subsidization of the programs and	54973
services.	54974

(C) To compute payments under this section to the board for	54975
the fiscal year, the department of mental retardation and	54976
developmental disabilities shall use the certification of average	54977
daily membership required by division (B)(1) of this section	54978
exclusive of the average daily membership in any approved school	54979
age class and the number in any approved preschool unit.	54980

(D) The department shall pay each county board for each	54981
fiscal year an amount equal to nine hundred fifty dollars times	54982
the certified number of persons who on the first day of December	54983
of the academic year are under three years of age and are not in	54984
an approved preschool unit. For persons who are at least age	54985
sixteen and are not in an approved school age class, the	54986
department shall pay each county board for each fiscal year the	54987
following amounts:	54988

(1) One thousand dollars times the certified average daily	54989
membership of persons enrolled in traditional adult services who	54990
are eligible for but not enrolled in active treatment under the	54991
community alternative funding system;	54992

(2) One thousand two hundred dollars times the certified	54993
average daily membership of persons enrolled in traditional adult	54994
services who are eligible for and enrolled in active treatment	54995
under the community alternative funding system;	54996

(3) No less than one thousand five hundred dollars times the	54997
certified average daily membership of persons enrolled in	54998
traditional adult services but who are not eligible for active	54999
treatment under the community alternative funding system;	55000

(4) No less than one thousand five hundred dollars times the	55001
certified average daily membership of persons participating in	55002
community employment services.	55003

(E) The department shall distribute this subsidy to county	55004
boards in ~~semiannual~~quarterly installments of equal amounts. The	55005
installments shall be made not later than the thirtieth day of	55006
September, the thirty-first day of ~~August and~~December, the	55007
thirty-first day of ~~January~~March, and the thirtieth day of June.	55008

(F) The director of mental retardation and developmental	55009
disabilities shall make efforts to obtain increases in the	55010
subsidies for early childhood services and adult services so that	55011
the amount of the subsidies is equal to at least fifty per cent of	55012
the statewide average cost of those services minus any applicable	55013
federal reimbursements for those services. The director shall	55014
advise the director of budget and management of the need for any	55015
such increases when submitting the biennial appropriations request	55016
for the department.	55017

(G) In determining the reimbursement of a county board for	55018
the provision of service and support administration, family	55019
support services, and other services required or approved by the	55020
director for which children three through twenty-one years of age	55021
are eligible, the department shall include the average daily	55022
membership in approved school age or preschool units. The	55023
department, in accordance with this section and upon receipt and	55024
approval of the certification required by this section and any	55025
other information it requires to enable it to determine a board's	55026
payments, shall pay the agency providing the specialized training	55027
the amounts payable under this section.	55028

Sec. 5126.121. Each county board of mental retardation and	55029
developmental disabilities may be eligible to receive a subsidy	55030
from the department of mental retardation and developmental	55031
disabilities for the employment of a business manager as provided	55032
in this section. The department shall adopt rules in accordance	55033
with Chapter 119. of the Revised Code specifying standards for the	55034
employment of such a business manager. The rules shall include the	55035
minimum education and experience requirements for the position of	55036
business manager and shall specify requirements for courses in	55037
fiscal and business management that are annually sponsored or	55038
certified by the department and that are applicable to the	55039
position and designed to teach effective business practices. Each	55040
county board of mental retardation and developmental disabilities	55041
that employs a business manager in accordance with the standards	55042
adopted under this section may receive a subsidy from the	55043
department.	55044

The department shall distribute this subsidy to eligible	55045
county boards in quarterly installments of equal amounts. The	55046
installments shall be made not later than the thirtieth day of	55047
September, the thirty-first day of December, the thirty-first day	55048
of March, and the thirtieth day of June.	55049

Sec. 5126.15. (A) A county board of mental retardation and	55050
developmental disabilities shall provide service and support	55051
administration to each individual three years of age or older who	55052
is eligible for service and support administration if the	55053
individual requests, or a person on the individual's behalf	55054
requests, service and support administration. A board shall	55055
provide service and support administration to each individual	55056
receiving home and community-based services. A board may provide,	55057
in accordance with the service coordination requirements of 34	55058
C.F.R. 303.23, service and support administration to an individual	55059
under three years of age eligible for early intervention services	55060
under 34 C.F.R. part 303. A board may provide service and support	55061
administration to an individual who is not eligible for other	55062
services of the board. Service and support administration shall be	55063
provided in accordance with rules adopted under section 5126.08 of	55064
the Revised Code.	55065

A board may provide service and support administration by	55066
directly employing service and support administrators or by	55067
contracting with entities for the performance of service and	55068
support administration. Individuals employed or under contract as	55069
service and support administrators shall not be in the same	55070
collective bargaining unit as employees who perform duties that	55071
are not administrative.	55072

Individuals employed by a board as service and support	55073
administrators shall not be assigned responsibilities for	55074
implementing other services for individuals and shall not be	55075
employed by or serve in a decision-making or policy-making	55076
capacity for any other entity that provides programs or services	55077
to individuals with mental retardation or developmental	55078
disabilities. An individual employed as a conditional status	55079
service and support administrator shall perform the duties of	55080
service and support administration only under the supervision of a	55081
management employee who is a service and support administration	55082
supervisor or a professional employee who is a service and support	55083
administrator.	55084

(B) The individuals employed by or under contract with a	55085
board to provide service and support administration shall do all	55086
of the following:	55087

(1) Establish an individual's eligibility for the services of	55088
the county board of mental retardation and developmental	55089
disabilities;	55090

(2) Assess individual needs for services;

55091

(3) Develop individual service plans with the active	55092
participation of the individual to be served, other persons	55093
selected by the individual, and, when applicable, the provider	55094
selected by the individual, and recommend the plans for approval	55095
by the department of mental retardation and developmental	55096
disabilities when services included in the plans are funded	55097
through medicaid;	55098

(4) Establish budgets for services based on the individual's	55099
assessed needs and preferred ways of meeting those needs;	55100

(5) Assist individuals in making selections from among the	55101
providers they have chosen;	55102

(6) Ensure that services are effectively coordinated and	55103
provided by appropriate providers;	55104

(7) Establish and implement an ongoing system of monitoring	55105
the implementation of individual service plans to achieve	55106
consistent implementation and the desired outcomes for the	55107
individual;	55108

(8) Perform quality assurance reviews as a distinct function	55109
of service and support administration;	55110

(9) Incorporate the results of quality assurance reviews and	55111
identified trends and patterns of unusual incidents and major	55112
unusual incidents into amendments of an individual's service plan	55113
for the purpose of improving and enhancing the quality and	55114
appropriateness of services rendered to the individual;	55115

(10) Ensure that each individual receiving services has a	55116
designated person who is responsible on a continuing basis for	55117
providing the individual with representation, advocacy, advice,	55118
and assistance related to the day-to-day coordination of services	55119
in accordance with the individual's service plan. The service and	55120
support administrator shall give the individual receiving services	55121
an opportunity to designate the person to provide daily	55122
representation. If the individual declines to make a designation,	55123
the administrator shall make the designation. In either case, the	55124
individual receiving services may change at any time the person	55125
designated to provide daily representation.	55126

(C) Subject to available funds, the department of mental	55127
retardation and developmental disabilities shall pay a county	55128
board an annual subsidy for service and support administration.	55129
The amount of the subsidy shall be equal to the greater of twenty	55130
thousand dollars or two hundred dollars times the board's	55131
certified average daily membership. The payments shall be made in	55132
~~semiannual~~quarterly installments of equal amounts, which shall be	55133
made no later than the thirtieth day of September, the	55134
thirty-first day of ~~August and~~December, the thirty-first day of	55135
~~January~~March, and the thirtieth day of June. Funds received shall	55136
be used solely for service and support administration.	55137

Sec. 5126.18. (A) As used in this section:

55138

(1) "County board" means a county board of mental retardation	55139
and developmental disabilities.	55140

(2) Notwithstanding section 5126.01 of the Revised Code,	55141
"adult services" means the following services, as they are	55142
identified on individual information forms submitted by county	55143
boards to the department of mental retardation and developmental	55144
disabilities for the purpose of subsidies paid to county boards	55145
under section 5126.12 of the Revised Code, provided to an	55146
individual with mental retardation or other developmental	55147
disability who is at least twenty-two years of age:	55148

(a) Assessment;

55149

(b) Home service;

55150

55151

(d) Community employment services;

55152

(e) Retirement.

55153

(3) "Adult services enrollment" means a county board's	55154
average daily membership in adult services, exclusive of such	55155
services provided to individuals served solely through service and	55156
support administration provided pursuant to section 5126.15 of the	55157
Revised Code or family support services provided pursuant to	55158
section 5126.11 of the Revised Code.	55159

(4) "Taxable value" means the taxable value of a county board	55160
certified under division (B)(1) of this section.	55161

(5) "Per-mill yield" of a county board means the quotient	55162
obtained by dividing (a) the taxable value of the county board by	55163
(b) one thousand.	55164

(6) "Local adult services cost" means a county board's	55165
expenditures for adult services, excluding all federal and state	55166
reimbursements and subsidy allocations received by such boards and	55167
expended for such services, as certified under section 5126.12 of	55168
the Revised Code.	55169

(7) "Statewide average millage" means one thousand multiplied	55170
by the quotient obtained by dividing (a) the total of the local	55171
adult services costs of all county boards by (b) the total of the	55172
taxable values of all county boards.	55173

(8) "County yield" of a county board means the product	55174
obtained by multiplying (a) the statewide average millage by (b)	55175
the per-mill yield of the county board.	55176

(9) "County yield per enrollee" of a county board means the	55177
quotient obtained by dividing (a) the county yield of the county	55178
board by (b) the adult enrollment of the county board.	55179

(10) "Statewide yield per enrollee" means the quotient	55180
obtained by dividing (a) the sum of the county yields of all	55181
county boards by (b) the sum of the adult enrollments of all	55182
county boards.	55183

(11) "Local tax effort for adult services" of a county board	55184
means one thousand multiplied by the quotient obtained by dividing	55185
(a) the local adult services cost of the county board by (b) the	55186
taxable value of the county board.	55187

(12) "Funding percentage" for a fiscal year means the	55188
percentage that the amount appropriated to the department for the	55189
purpose of making payments under this section in the fiscal year	55190
is of the amount computed under division (C)(3) of this section	55191
for the fiscal year.	55192

(13) "Funding-adjusted required millage" for a fiscal year	55193
means the statewide average millage multiplied by the funding	55194
percentage for that fiscal year.	55195

(B)(1) On the request of the director of mental retardation	55196
and developmental disabilities, the tax commissioner shall provide	55197
to the department of mental retardation and developmental	55198
disabilities information specifying the taxable value of property	55199
on each county's tax list of real and public utility property and	55200
tax list of personal property for the most recent tax year for	55201
which such information is available. The director may request any	55202
other tax information necessary for the purposes of this section.	55203

(2) On the request of the director, each county board shall	55204
report the county board's adult services enrollment and local	55205
adult services cost.	55206

(C) Each year, the department of mental retardation and	55207
developmental disabilities shall compute the following:	55208

(1) For each county board, the amount, if any, by which the	55209
statewide yield per enrollee exceeds the county yield per	55210
enrollee;	55211

(2) For each county board, the amount of any excess computed	55212
under division (C)(1) of this section multiplied by the adult	55213
services enrollment of the county board;	55214

(3) The sum of the amounts computed under division (C)(2) of	55215
this section for all county boards.	55216

(D) From money appropriated for the purpose, the department,	55217
~~on or before the thirtieth day of September of each year,~~ shall	55218
provide for payment to each county board of the amount computed	55219
for that county board under division (C)(2) of this section,	55220
subject to any reduction or adjustment under division (E), (F), or	55221
(G) of this section. The department shall make the payments in	55222
quarterly installments of equal amounts. The installments shall be	55223
made not later than the thirtieth day of September, thirty-first	55224
day of December, thirty-first day of March, and thirtieth day of	55225
June.	55226

(E) If a county board's local tax effort for adult services	55227
is less than the funding-adjusted required millage, the director	55228
shall reduce the amount of payment otherwise computed under	55229
division (C)(2) of this section so that the amount paid, after the	55230
reduction, is the same percentage of the amount computed under	55231
division (C)(2) of this section as the county board's local tax	55232
effort for adult services is of the funding-adjusted required	55233
millage.	55234

If the director reduces the amount of a county board's	55235
payment under this division, the department, not later than the	55236
fifteenth day of July, shall notify the county board of the	55237
reduction and the amount of the reduction. The notice shall	55238
include a statement that the county board may request to be	55239
exempted from the reduction by filing a request with the director,	55240
in the manner and form prescribed by the director, within	55241
twenty-one days after such notification is issued. The board may	55242
present evidence of its attempt to obtain passage of levies or any	55243
other extenuating circumstances the board considers relevant. If	55244
the county board requests a hearing before the director to present	55245
such evidence, the director shall conduct a hearing on the request	55246
unless the director exempts the board from the reduction on the	55247
basis of the evidence presented in the request filed by the board.	55248
Upon receiving a properly and timely filed request for exemption,	55249
but not later than the thirty-first day of August, the director	55250
shall determine whether the county board shall be exempted from	55251
all or a part of the reduction. The director may exempt the board	55252
from all or part of the reduction if the director finds that the	55253
board has made good faith efforts to obtain passage of tax levies	55254
or that there are extenuating circumstances.	55255

(F) If a payment is reduced under division (E) of this	55256
section and the director does not exempt the county board from the	55257
reduction, the amount of the reduction shall be apportioned among	55258
all county boards entitled to payments under this section for	55259
which payments were not so reduced. The amount apportioned to each	55260
county board shall be proportionate to the amount of the board's	55261
payment as computed under division (C)(2) of this section.	55262

(G) If, for any fiscal year, the amount appropriated to the	55263
department for the purpose of this section is less than the amount	55264
computed under division (C)(3) of this section for the fiscal	55265
year, the department shall adjust the amount of each payment as	55266
computed under divisions (C)(2), (E), and (F) of this section by	55267
multiplying that amount by the funding percentage.	55268

(H) The payments authorized by this section are supplemental	55269
to all other funds that may be received by a county board. A	55270
county board shall use the payments solely to pay the nonfederal	55271
share of medicaid expenditures that division (A) of section	55272
5126.057 of the Revised Code requires the county board to pay.	55273

Sec. 5126.44. (A) The department of mental retardation and	55274
developmental disabilities, in accordance with Chapter 119. of the	55275
Revised Code, shall adopt rules for making allocations for	55276
counties and distributing to county boards of mental retardation	55277
and developmental disabilities money to be used for planning,	55278
development, contracting for, and providing supported living. The	55279
rules shall provide for an allocation to be made for each county	55280
on an equitable basis, taking into account any factors that	55281
indicate need for supported living for residents of the county.	55282

(B) The department shall annually allocate for each county an	55283
amount determined in accordance with the rules adopted under this	55284
section. Except as provided in division (C) of this section, the	55285
department shall distribute the amount allocated for the county to	55286
each county board. Money shall be distributed to county boards in	55287
~~two~~quarterly installments ~~annually~~, which shall be paid no later	55288
than the ~~last day of July and the last day of December~~thirtieth	55289
day of September, the thirty-first day of December, the	55290
thirty-first day of March, and the thirtieth day of June. In the	55291
case of a county that has not adopted a resolution under division	55292
(B) of section 5126.40 of the Revised Code, the department shall	55293
use the money allocated for the county to provide supported living	55294
under section 5123.182 of the Revised Code.	55295

(C) The department shall not distribute money to a county	55296
board for residential services that are being provided by a	55297
provider under contract with the department on the effective date	55298
of this amendment unless the provider and the county board agree	55299
to enter into a contract between the provider and the county board	55300
under which the provider will provide the services as supported	55301
living. If the conversion of a contract occurs under this	55302
division, the provisions of section 5126.451 shall apply as though	55303
the contract was transferred under that section.	55304

(D) Pursuant to section 5126.05 of the Revised Code, the	55305
county board shall annually adopt a separate budget for money	55306
distributed to it under this section. The board shall cause the	55307
money to be deposited in a fund created pursuant to division (F)	55308
of section 5705.09 of the Revised Code which shall be known as the	55309
"community mental retardation and developmental disabilities	55310
residential services and supported living fund." The fund shall	55311
consist of this money and any other money for residential services	55312
or supported living that the board causes to be deposited in the	55313
fund. A county board is not required to use any other money for	55314
residential services or supported living. A county board may	55315
establish a reserve balance account within this fund pursuant to	55316
division (C)(2) of section 5705.28 of the Revised Code.	55317

(E) The department of mental retardation and developmental	55318
disabilities may adopt rules under Chapter 119. of the Revised	55319
Code establishing procedures for an annual reconciliation of state	55320
funds that have been deposited in the reserve balance account. The	55321
rules may provide for the return of state funds to the appropriate	55322
department account when the funds have been unexpended for a	55323
period of two years.	55324

(F) A county board may use up to ten per cent of the amount	55325
distributed to it under this section for the administrative costs	55326
of developing, arranging, and contracting for supported living and	55327
for costs of staff training and support. Annually, each county	55328
board shall report to the department all revenue and expenditures	55329
pertaining to supported living. The report shall be made in	55330
conjunction with the annual report of expenditures submitted	55331
pursuant to section 5126.12 of the Revised Code. The report shall	55332
list the names of the individuals served, the total number of	55333
individuals served on a monthly basis in the preceding calendar	55334
year, the types of services provided, the total cost of the	55335
services, and the sources of revenue used to cover the cost.	55336

Sec. 5139.01. (A) As used in this chapter:

55337

(1) "Commitment" means the transfer of the physical custody	55338
of a child or youth from the court to the department of youth	55339
services.	55340

(2) "Permanent commitment" means a commitment that vests	55341
legal custody of a child in the department of youth services.	55342

(3) "Legal custody," insofar as it pertains to the status	55343
that is created when a child is permanently committed to the	55344
department of youth services, means a legal status in which the	55345
department has the following rights and responsibilities: the	55346
right to have physical possession of the child; the right and duty	55347
to train, protect, and control the child; the responsibility to	55348
provide the child with food, clothing, shelter, education, and	55349
medical care; and the right to determine where and with whom the	55350
child shall live, subject to the minimum periods of, or periods	55351
of, institutional care prescribed in sections 2152.13 to 2152.18	55352
of the Revised Code; provided, that these rights and	55353
responsibilities are exercised subject to the powers, rights,	55354
duties, and responsibilities of the guardian of the person of the	55355
child, and subject to any residual parental rights and	55356
responsibilities.	55357

(4) Unless the context requires a different meaning,	55358
"institution" means a state facility that is created by the	55359
general assembly and that is under the management and control of	55360
the department of youth services or a private entity with which	55361
the department has contracted for the institutional care and	55362
custody of felony delinquents.	55363

(5) "Full-time care" means care for twenty-four hours a day	55364
for over a period of at least two consecutive weeks.	55365

(6) "Placement" means the conditional release of a child	55366
under the terms and conditions that are specified by the	55367
department of youth services. The department shall retain legal	55368
custody of a child released pursuant to division (C) of section	55369
2152.22 of the Revised Code or division (C) of section 5139.06 of	55370
the Revised Code until the time that it discharges the child or	55371
until the legal custody is terminated as otherwise provided by	55372
law.	55373

(7) "Home placement" means the placement of a child in the	55374
home of the child's parent or parents or in the home of the	55375
guardian of the child's person.	55376

(8) "Discharge" means that the department of youth services'	55377
legal custody of a child is terminated.	55378

(9) "Release" means the termination of a child's stay in an	55379
institution and the subsequent period during which the child	55380
returns to the community under the terms and conditions of	55381
supervised release.	55382

(10) "Delinquent child" has the same meaning as in section	55383
2152.02 of the Revised Code.	55384

(11) "Felony delinquent" means any child who is at least	55385
~~twelve~~ten years of age but less than eighteen years of age and	55386
who is adjudicated a delinquent child for having committed an act	55387
that if committed by an adult would be a felony. "Felony	55388
delinquent" includes any adult who is between the ages of eighteen	55389
and twenty-one and who is in the legal custody of the department	55390
of youth services for having committed an act that if committed by	55391
an adult would be a felony.	55392

(12) "Juvenile traffic offender" has the same meaning as in	55393
section 2152.02 of the Revised Code.	55394

(13) "Public safety beds" means all of the following:

55395

(a) Felony delinquents who have been committed to the	55396
department of youth services for the commission of an act, other	55397
than a violation of section 2911.01 or 2911.11 of the Revised	55398
Code, that is a category one offense or a category two offense and	55399
who are in the care and custody of an institution or have been	55400
diverted from care and custody in an institution and placed in a	55401
community corrections facility;	55402

(b) Felony delinquents who, while committed to the department	55403
of youth services and in the care and custody of an institution or	55404
a community corrections facility, are adjudicated delinquent	55405
children for having committed in that institution or community	55406
corrections facility an act that if committed by an adult would be	55407
a misdemeanor or a felony;	55408

55409

(i) They are at least ~~twelve~~ten years of age but less than	55410
eighteen years of age.	55411

(ii) They are adjudicated delinquent children for having	55412
committed acts that if committed by an adult would be a felony.	55413

(iii) They are committed to the department of youth services	55414
by the juvenile court of a county that has had one-tenth of one	55415
per cent or less of the statewide adjudications for felony	55416
delinquents as averaged for the past four fiscal years.	55417

(iv) They are in the care and custody of an institution or a	55418
community corrections facility.	55419

(d) Felony delinquents who, while committed to the department	55420
of youth services and in the care and custody of an institution,	55421
~~commit in that institution an act that if committed by an adult~~	55422
~~would be a felony, who~~ are serving disciplinary time for having	55423
committed ~~that~~an act described in division (A)(19)(a), (b), or	55424
(c) of this section, and who have been institutionalized or	55425
institutionalized in a secure facility for the minimum period of	55426
time specified in divisions (A)(1)(b) to (e) of section 2152.16 of	55427
the Revised Code.	55428

(e) Felony delinquents who are subject to and serving a	55429
three-year period of commitment order imposed by a juvenile court	55430
pursuant to divisions (A) and (B) of section 2152.17 of the	55431
Revised Code for an act, other than a violation of section 2911.11	55432
of the Revised Code, that would be a category one offense or	55433
category two offense if committed by an adult.	55434

(f) Felony delinquents who are described in divisions	55435
(A)(13)(a) to (e) of this section, who have been granted a	55436
judicial release to court supervision under division (B) of	55437
section 2152.22 of the Revised Code or a judicial release to the	55438
department of youth services supervision under division (C) of	55439
that section from the commitment to the department of youth	55440
services for the act described in divisions (A)(13)(a) to (e) of	55441
this section, who have violated the terms and conditions of that	55442
release, and who, pursuant to an order of the court of the county	55443
in which the particular felony delinquent was placed on release	55444
that is issued pursuant to division (D) of section 2152.22 of the	55445
Revised Code, have been returned to the department for	55446
institutionalization or institutionalization in a secure facility.	55447

(g) Felony delinquents who have been committed to the custody	55448
of the department of youth services, who have been granted	55449
supervised release from the commitment pursuant to section 5139.51	55450
of the Revised Code, who have violated the terms and conditions of	55451
that supervised release, and who, pursuant to an order of the	55452
court of the county in which the particular child was placed on	55453
supervised release issued pursuant to division (F) of section	55454
5139.52 of the Revised Code, have had the supervised release	55455
revoked and have been returned to the department for	55456
institutionalization. A felony delinquent described in this	55457
division shall be a public safety bed only for the time during	55458
which the felony delinquent is institutionalized as a result of	55459
the revocation subsequent to the initial thirty-day period of	55460
institutionalization required by division (F) of section 5139.52	55461
of the Revised Code.	55462

(14) ~~"State target youth" means twenty-five per cent of the~~	55463
~~projected total number of felony delinquents for each year of a~~	55464
~~biennium, factoring in revocations and recommitments.~~	55465

~~(15)~~ Unless the context requires a different meaning,	55466
"community corrections facility" means a county or multicounty	55467
rehabilitation center for felony delinquents who have been	55468
committed to the department of youth services and diverted from	55469
care and custody in an institution and placed in the	55470
rehabilitation center pursuant to division (E) of section 5139.36	55471
of the Revised Code.	55472

~~(16)~~(15) "Secure facility" means any facility that is	55473
designed and operated to ensure that all of its entrances and	55474
exits are under the exclusive control of its staff and to ensure	55475
that, because of that exclusive control, no child who has been	55476
institutionalized in the facility may leave the facility without	55477
permission or supervision.	55478

~~(17)~~(16) "Community residential program" means a program that	55479
satisfies both of the following:	55480

(a) It is housed in a building or other structure that has no	55481
associated major restraining construction, including, but not	55482
limited to, a security fence.	55483

(b) It provides twenty-four-hour care, supervision, and	55484
programs for felony delinquents who are in residence.	55485

~~(18)~~(17) "Category one offense" and "category two offense"	55486
have the same meanings as in section 2151.26 of the Revised Code.	55487

~~(19)~~(18) "Disciplinary time" means additional time that the	55488
department of youth services requires a felony delinquent to serve	55489
in an institution, that delays the ~~person's or~~ felony delinquent's	55490
planned release, and that the department imposes upon the ~~person~~	55491
or felony delinquent following the conduct of an internal due	55492
process hearing for having committed any of the following acts	55493
while committed to the department and in the care and custody of	55494
an institution:	55495

(a) An act that if committed by an adult would be a felony;

55496

(b) An act that if committed by an adult would be a	55497
misdemeanor;	55498

(c) An act that is not described in division (A)~~(19)~~(18)(a)	55499
or (b) of this section and that violates an institutional rule of	55500
conduct of the department.	55501

~~(20)~~(19) "Unruly child" has the same meaning as in section	55502
2151.022 of the Revised Code.	55503

~~(21)~~(20) "Revocation" means the act of revoking a child's	55504
supervised release for a violation of a term or condition of the	55505
child's supervised release in accordance with section 5139.52 of	55506
the Revised Code.	55507

~~(22)~~(21) "Release authority" means the release authority of	55508
the department of youth services that is established by section	55509
5139.50 of the Revised Code.	55510

~~(23)~~(22) "Supervised release" means the event of the release	55511
of a child under this chapter from an institution and the period	55512
after that release during which the child is supervised and	55513
assisted by an employee of the department of youth services under	55514
specific terms and conditions for reintegration of the child into	55515
the community.	55516

~~(24)~~(23) "Victim" means the person identified in a police	55517
report, complaint, or information as the victim of an act that	55518
would have been a criminal offense if committed by an adult and	55519
that provided the basis for adjudication proceedings resulting in	55520
a child's commitment to the legal custody of the department of	55521
youth services.	55522

~~(25)~~(24) "Victim's representative" means a member of the	55523
victim's family or another person whom the victim or another	55524
authorized person designates in writing, pursuant to section	55525
5139.56 of the Revised Code, to represent the victim with respect	55526
to proceedings of the release authority of the department of youth	55527
services and with respect to other matters specified in that	55528
section.	55529

~~(26)~~(25) "Member of the victim's family" means a spouse,	55530
child, stepchild, sibling, parent, stepparent, grandparent, other	55531
relative, or legal guardian of a child but does not include a	55532
person charged with, convicted of, or adjudicated a delinquent	55533
child for committing a criminal or delinquent act against the	55534
victim or another criminal or delinquent act arising out of the	55535
same conduct, criminal or delinquent episode, or plan as the	55536
criminal or delinquent act committed against the victim.	55537

~~(27)~~(26) "Judicial release to court supervision" means a	55538
release of a child from institutional care or institutional care	55539
in a secure facility that is granted by a court pursuant to	55540
division (B) of section 2152.22 of the Revised Code during the	55541
period specified in that division.	55542

~~(28)~~(27) "Judicial release to department of youth services	55543
supervision" means a release of a child from institutional care or	55544
institutional care in a secure facility that is granted by a court	55545
pursuant to division (C) of section 2152.22 of the Revised Code	55546
during the period specified in that division.	55547

~~(29)~~(28) "Juvenile justice system" includes all of the	55548
functions of the juvenile courts, the department of youth	55549
services, any public or private agency whose purposes include the	55550
prevention of delinquency or the diversion, adjudication,	55551
detention, or rehabilitation of delinquent children, and any of	55552
the functions of the criminal justice system that are applicable	55553
to children.	55554

~~(30)~~(29) "Metropolitan county criminal justice services	55555
agency" means an agency that is established pursuant to division	55556
(A) of section 181.54 of the Revised Code.	55557

~~(31)~~(30) "Administrative planning district" means a district	55558
that is established pursuant to division (A) or (B) of section	55559
181.56 of the Revised Code.	55560

~~(32)~~(31) "Criminal justice coordinating council" means a	55561
criminal justice services agency that is established pursuant to	55562
division (D) of section 181.56 of the Revised Code.	55563

~~(33)~~(32) "Comprehensive plan" means a document that	55564
coordinates, evaluates, and otherwise assists, on an annual or	55565
multi-year basis, all of the functions of the juvenile justice	55566
systems of the state or a specified area of the state, that	55567
conforms to the priorities of the state with respect to juvenile	55568
justice systems, and that conforms with the requirements of all	55569
federal criminal justice acts. These functions include, but are	55570
not limited to, all of the following:	55571

(a) Delinquency;

55572

(b) Identification, detection, apprehension, and detention of	55573
persons charged with delinquent acts;	55574

(c) Assistance to crime victims or witnesses, except that the	55575
comprehensive plan does not include the functions of the attorney	55576
general pursuant to sections 109.91 and 109.92 of the Revised	55577
Code;	55578

(d) Adjudication or diversion of persons charged with	55579
delinquent acts;	55580

(e) Custodial treatment of delinquent children;

55581

(f) Institutional and noninstitutional rehabilitation of	55582
delinquent children.	55583

(B) There is hereby created the department of youth services.	55584
The governor shall appoint the director of the department with the	55585
advice and consent of the senate. The director shall hold office	55586
during the term of the appointing governor but subject to removal	55587
at the pleasure of the governor. Except as otherwise authorized in	55588
section 108.05 of the Revised Code, the director shall devote the	55589
director's entire time to the duties of the director's office and	55590
shall hold no other office or position of trust or profit during	55591
the director's term of office.	55592

The director is the chief executive and administrative	55593
officer of the department and has all the powers of a department	55594
head set forth in Chapter 121. of the Revised Code. The director	55595
may adopt rules for the government of the department, the conduct	55596
of its officers and employees, the performance of its business,	55597
and the custody, use, and preservation of the department's	55598
records, papers, books, documents, and property. The director	55599
shall be an appointing authority within the meaning of Chapter	55600
124. of the Revised Code. Whenever this or any other chapter or	55601
section of the Revised Code imposes a duty on or requires an	55602
action of the department, the duty or action shall be performed by	55603
the director or, upon the director's order, in the name of the	55604
department.	55605

Sec. 5139.04. The department of youth services shall do all	55606
of the following:	55607

(A) Support service districts through a central	55608
administrative office that shall have as its administrative head a	55609
deputy director who shall be appointed by the director of the	55610
department. When a vacancy occurs in the office of that deputy	55611
director, an assistant deputy director shall act as that deputy	55612
director until the vacancy is filled. The position of deputy	55613
director and assistant deputy director described in this division	55614
shall be in the unclassified civil service of the state.	55615

(B) Receive custody of all children committed to it under	55616
Chapter 2152. of the Revised Code, cause a study to be made of	55617
those children, and issue any orders, as it considers best suited	55618
to the needs of any of those children and the interest of the	55619
public, for the treatment of each of those children;	55620

(C) Obtain personnel necessary for the performance of its	55621
duties;	55622

(D) ~~Train or provide for training of probation and youth~~	55623
~~correction workers;~~	55624

~~(E)~~ Adopt rules that regulate its organization and operation,	55625
that implement sections 5139.34 and 5139.41 to ~~5139.45~~5139.43 of	55626
the Revised Code, and that pertain to the administration of other	55627
sections of this chapter;	55628

~~(F)~~(E) Submit reports of its operations to the governor and	55629
the general assembly by the thirty-first day of January of each	55630
odd-numbered year;	55631

~~(G)~~(F) Conduct a program of research in diagnosis, training,	55632
and treatment of delinquent children to evaluate the effectiveness	55633
of the department's services and to develop more adequate methods;	55634

~~(H) Receive reports from the juvenile courts under division~~	55635
~~(C)(3)(b) of section 5139.43 of the Revised Code and prepare an~~	55636
~~annual report of state juvenile court statistics and information~~	55637
~~based upon those reports. The department shall make available a~~	55638
~~copy of the annual report to the governor and members of the~~	55639
~~general assembly upon request.~~	55640

~~(I)~~(G) Develop a standard form for the disposition	55641
investigation report that a juvenile court is required pursuant to	55642
section 2152.18 of the Revised Code to complete and provide to the	55643
department when the court commits a child to the legal custody of	55644
the department;	55645

~~(J)~~(H) Do all other acts necessary or desirable to carry out	55646
this chapter.	55647

Sec. 5139.33. (A) The department of youth services shall	55648
make grants in accordance with this section to encourage counties	55649
to use community-based programs and services for juveniles who are	55650
adjudicated delinquent children for the commission of acts that	55651
would be felonies if committed by an adult.	55652

(B) Each county seeking a grant under this section shall file	55653
an application with the department of youth services. The	55654
application shall be filed at the time and in accordance with	55655
procedures established by the department in rules adopted under	55656
this section. Each application shall be accompanied by a plan	55657
designed to reduce the county's commitment percentage, or to	55658
enable it to maintain or attain a commitment percentage that is	55659
equal to or below the statewide average commitment percentage. A	55660
county's commitment percentage is the percentage determined by	55661
dividing the number of juveniles the county committed to the	55662
department during the year by the number of juveniles who were	55663
eligible to be committed. The statewide average commitment	55664
percentage is the percentage determined by dividing the number of	55665
juveniles in the state committed to the department during the year	55666
by the number of juveniles who were eligible to be committed.	55667
These percentages shall be determined by the department using the	55668
most reliable data available to it.	55669

Each plan shall include a method of ensuring equal access for	55670
minority youth to the programs and services for which the grant	55671
will be used.	55672

The department shall review each application and plan to	55673
ensure that the requirements of this division are satisfied. Any	55674
county applying for a grant under this section that received a	55675
grant under this section during the preceding year and that failed	55676
to meet its commitment goals for that year shall make the changes	55677
in its plan that the department requires in order to continue to	55678
be eligible for grants under this section.	55679

(C) Subject to division (E) of this section, the amounts	55680
appropriated for the purpose of making grants under this section	55681
shall be distributed annually on a per capita basis among the	55682
counties that have complied with division (B) of this section.	55683

(D) The department shall adopt rules to implement this	55684
section. The rules shall include, but are not limited to,	55685
procedures and schedules for submitting applications and plans	55686
under this section, including procedures allowing joint-county	55687
applications and plans; and procedures for monitoring and	55688
evaluating the effectiveness of the programs and services financed	55689
with grant money, the enhancement of the use of local facilities	55690
and services, and the adequacy of the supervision and treatment	55691
provided to juveniles by those programs and services.	55692

(E)(1) Three months prior to the implementation of the felony	55693
delinquent care and custody program described in section 5139.43	55694
of the Revised Code, each county that is entitled to a grant under	55695
this section shall receive its grant money for the fiscal year or	55696
the remainder of its grant money for the fiscal year, other than	55697
any grant money to which it is entitled and that is set aside by	55698
the department of youth services for purposes of division (E)(2)	55699
of this section. The grant money so distributed shall be paid in a	55700
lump sum.	55701

(2) During the first twelve months that the felony delinquent	55702
care and custody program described in section 5139.43 of the	55703
Revised Code is implemented in a county, any grant or the	55704
remainder of any grant to which a county is entitled and that is	55705
payable from the appropriation made to the department of youth	55706
services for community sanctions shall be distributed as follows:	55707

(a) In the first quarter of the twelve-month period, the	55708
county shall receive one hundred per cent of the quarterly	55709
distribution.	55710

(b) In the second quarter of the twelve-month period, the	55711
county shall receive seventy-five per cent of the quarterly	55712
distribution.	55713

(c) In the third quarter of the twelve-month period, the	55714
county shall receive fifty per cent of the quarterly distribution.	55715

(d) In the fourth quarter of the twelve-month period, the	55716
county shall receive twenty-five per cent of the quarterly	55717
distribution.	55718

(3) Grant moneys received pursuant to divisions (E)(1) and	55719
(2) of this section shall be transmitted by the juvenile court of	55720
the recipient county to the county treasurer, shall be deposited	55721
by the county treasurer into the felony delinquent care and	55722
custody fund created pursuant to division ~~(C)~~(B)(1) of section	55723
5139.43 of the Revised Code, and shall be used by the juvenile	55724
court in accordance with division ~~(C)~~(B)(2) of that section. The	55725
grant moneys shall be in addition to, and shall not be used to	55726
reduce, any usual annual increase in county funding that the	55727
juvenile court is eligible to receive or the current level of	55728
county funding of the juvenile court and of any programs or	55729
services for delinquent children, unruly children, or juvenile	55730
traffic offenders.	55731

(4) One year after the commencement of its operation of the	55732
felony delinquent care and custody program described in section	55733
5139.43 of the Revised Code, the department shall not make any	55734
further grants under this section.	55735

Sec. 5139.34. (A) Funds may be appropriated to the	55736
department of youth services for the purpose of granting state	55737
subsidies to counties. A county or the juvenile court that serves	55738
a county shall use state subsidies granted to the county pursuant	55739
to this section only in accordance with divisions ~~(C)~~(B)(2)(a) and	55740
(3)(a) of section 5139.43 of the Revised Code and the rules	55741
pertaining to the state subsidy funds that the department adopts	55742
pursuant to division ~~(E)~~(D) of section 5139.04 of the Revised	55743
Code. The department shall not grant financial assistance pursuant	55744
to this section for the provision of care and services for	55745
children in a ~~foster care~~placement facility unless the facility	55746
has been certified, licensed, or approved by a state or national	55747
agency with certification, licensure, or approval authority,	55748
including, but not limited to, the department of job and family	55749
services, department of education, department of mental health, or	55750
department of mental retardation and developmental disabilities,	55751
or American Correctional Association. For the purposes of this	55752
section, ~~foster care~~placement facilities do not include a state	55753
institution or a county or district children's home.	55754

The department also shall not grant financial assistance	55755
pursuant to this section for the provision of care and services	55756
for children, including, but not limited to, care and services in	55757
a detention facility, in another facility, or in out-of-home	55758
placement, unless the minimum standards applicable to the care and	55759
services that the department prescribes in rules adopted pursuant	55760
to division ~~(E)~~(D) of section 5139.04 of the Revised Code have	55761
been satisfied.	55762

(B) The department of youth services shall apply the	55763
following formula to determine the amount of the annual grant that	55764
each county is to receive pursuant to division (A) of this	55765
section, subject to the appropriation for this purpose to the	55766
department made by the general assembly:	55767

(1) Each county shall receive a basic annual grant of fifty	55768
thousand dollars.	55769

(2) The sum of the basic annual grants provided under	55770
division (B)(1) of this section shall be subtracted from the total	55771
amount of funds appropriated to the department of youth services	55772
for the purpose of making grants pursuant to division (A) of this	55773
section to determine the remaining portion of the funds	55774
appropriated. The remaining portion of the funds appropriated	55775
shall be distributed on a per capita basis to each county that has	55776
a population of more than twenty-five thousand for that portion of	55777
the population of the county that exceeds twenty-five thousand.	55778

(C)(1) Prior to a county's receipt of an annual grant	55779
pursuant to this section, the juvenile court that serves the	55780
county shall prepare, submit, and file in accordance with division	55781
~~(C)~~(B)(3)(a) of section 5139.43 of the Revised Code an annual	55782
grant agreement and application for funding that is for the	55783
combined purposes of, and that satisfies the requirements of, this	55784
section and section 5139.43 of the Revised Code. In addition to	55785
the subject matters described in division ~~(C)~~(B)(3)(a) of section	55786
5139.43 of the Revised Code or in the rules that the department	55787
adopts to implement that division, the annual grant agreement and	55788
application for funding shall address fiscal accountability and	55789
performance matters pertaining to the programs, care, and services	55790
that are specified in the agreement and application and for which	55791
state subsidy funds granted pursuant to this section will be used.	55792

(2) The county treasurer of each county that receives an	55793
annual grant pursuant to this section shall deposit the state	55794
subsidy funds so received into the county's felony delinquent care	55795
and custody fund created pursuant to division ~~(C)~~(B)(1) of section	55796
5139.43 of the Revised Code. Subject to exceptions prescribed in	55797
section 5139.43 of the Revised Code that may apply to the	55798
disbursement, the department shall disburse the state subsidy	55799
funds to which ~~each county is entitled as follows:~~	55800

~~(a) Except as provided in division (C)(2)(b) of this section,~~	55801
~~the department shall disburse the state subsidy funds to which~~ a	55802
county is entitled in a lump sum payment that shall be made in	55803
July of each calendar year.	55804

~~(b) In the case of state subsidy funds to which a county is~~	55805
~~entitled for fiscal year 1998, the department shall disburse the~~	55806
~~state subsidy funds to the county in two distinct payments in~~	55807
~~accordance with this division. The department shall disburse~~	55808
~~seventy-five per cent of those state subsidy funds to the county~~	55809
~~in July 1997. After the department reviews and reconciles the~~	55810
~~applicable reports that the juvenile court of the county is~~	55811
~~required to prepare and submit to the department pursuant to~~	55812
~~section 5139.43 of the Revised Code, the department shall disburse~~	55813
~~to the county in October 1997, the remainder of the state subsidy~~	55814
~~funds to which the county is entitled.~~	55815

(3) Upon an order of the juvenile court that serves a county	55816
and subject to appropriation by the board of county commissioners	55817
of that county, a county treasurer shall disburse from the	55818
county's felony delinquent care and custody fund the state subsidy	55819
funds granted to the county pursuant to this section for use only	55820
in accordance with this section, the applicable provisions of	55821
section 5139.43 of the Revised Code, and the county's approved	55822
annual grant agreement and application for funding.	55823

(4) The moneys in a county's felony delinquent care and	55824
custody fund that represent state subsidy funds granted pursuant	55825
to this section are subject to appropriation by the board of	55826
county commissioners of the county; shall be disbursed by the	55827
county treasurer as required by division (C)(3) of this section;	55828
shall be used in the manners referred to in division (C)(3) of	55829
this section; shall not revert to the county general fund at the	55830
end of any fiscal year; shall carry over in the felony delinquent	55831
care and custody fund from the end of any fiscal year to the next	55832
fiscal year; shall be in addition to, and shall not be used to	55833
reduce, any usual annual increase in county funding that the	55834
juvenile court is eligible to receive or the current level of	55835
county funding of the juvenile court and of any programs, care, or	55836
services for alleged or adjudicated delinquent children, unruly	55837
children, or juvenile traffic offenders or for children who are at	55838
risk of becoming delinquent children, unruly children, or juvenile	55839
traffic offenders; and shall not be used to pay for the care and	55840
custody of felony deliquents who are in the care and custody of an	55841
institution pursuant to a commitment, recommitment, or revocation	55842
of a release on parole by the juvenile court of that county or who	55843
are in the care and custody of a community corrections facility	55844
pursuant to a placement by the department with the consent of the	55845
juvenile court as described in division (E) of section 5139.36 of	55846
the Revised Code.	55847

(5) As a condition of the continued receipt of state subsidy	55848
funds pursuant to this section, each county and the juvenile court	55849
that serves each county that receives an annual grant pursuant to	55850
this section shall comply with divisions ~~(C)~~(B)(3)(b), (c), and	55851
(d) of section 5139.43 of the Revised Code.	55852

Sec. 5139.36. (A) In accordance with this section and the	55853
rules adopted under it and from funds appropriated to the	55854
department of youth services for the purposes of this section, the	55855
department shall make grants that provide financial resources to	55856
operate community corrections facilities for felony delinquents.	55857

(B)(1) Each community corrections facility that intends to	55858
seek a grant under this section shall file an application with the	55859
department of youth services at the time and in accordance with	55860
the procedures that the department shall establish by rules	55861
adopted in accordance with Chapter 119. of the Revised Code. In	55862
addition to other items required to be included in the	55863
application, a plan that satisfies both of the following shall be	55864
included:	55865

(a) It reduces the number of felony delinquents committed to	55866
the department from the county or counties associated with the	55867
community corrections facility.	55868

(b) It ensures equal access for minority felony delinquents	55869
to the programs and services for which a potential grant would be	55870
used.	55871

(2) The department of youth services shall review each	55872
application submitted pursuant to division (B)(1) of this section	55873
to determine whether the plan described in that division, the	55874
community corrections facility, and the application comply with	55875
this section and the rules adopted under it.	55876

(C) To be eligible for a grant under this section and for	55877
continued receipt of moneys comprising a grant under this section,	55878
a community corrections facility shall satisfy at least all of the	55879
following requirements:	55880

(1) Be constructed, reconstructed, improved, or financed by	55881
the Ohio building authority pursuant to section 307.021 of the	55882
Revised Code and Chapter 152. of the Revised Code for the use of	55883
the department of youth services and be designated as a community	55884
corrections facility;	55885

(2) Have written standardized criteria governing the types of	55886
felony delinquents that are eligible for the programs and services	55887
provided by the facility;	55888

(3) Have a written standardized intake screening process and	55889
an intake committee that at least performs both of the following	55890
tasks:	55891

(a) Screens all eligible felony delinquents who are being	55892
considered for admission to the facility in lieu of commitment to	55893
the department;	55894

(b) Notifies, within ten days after the date of the referral	55895
of a felony delinquent to the facility, the committing court	55896
whether the felony delinquent will be admitted to the facility.	55897

(4) Comply with all applicable fiscal and program rules that	55898
the department adopts in accordance with Chapter 119. of the	55899
Revised Code and demonstrate that felony delinquents served by the	55900
facility have been or will be diverted from a commitment to the	55901
department.	55902

(D) The department of youth services shall determine the	55903
method of distribution of the funds appropriated for grants under	55904
this section to community corrections facilities.	55905

(E) ~~With the consent of a committing court and of a community~~	55906
~~corrections facility that has received a grant under this section,~~	55907
~~the department of youth services may place in that facility a~~	55908
~~felony delinquent who has been committed to the department. During~~	55909
~~the period in which the felony delinquent is in that facility, the~~	55910
~~felony delinquent~~(1) The department of youth services shall adopt	55911
rules in accordance with Chapter 119. of the Revised Code to	55912
establish the minimum occupancy threshold of community corrections	55913
facilities.	55914

(2) The department may make referrals for the placement of	55915
children in its custody to a community corrections facility if the	55916
community corrections facility is not meeting the minimum	55917
occupancy threshold established by the department. At least	55918
forty-five days prior to the referral of a child, the department	55919
shall notify the committing court of its intent to place the child	55920
in a community corrections facility. The court shall have thirty	55921
days after the receipt of the notice to approve or disapprove the	55922
placement. If the court does not respond to the notice of the	55923
placement within that thirty-day period, the department shall	55924
proceed with the placement and debit the county in accordance with	55925
sections 5139.41 to 5139.45 of the Revised Code. A child placed in	55926
a community corrections facility pursuant to this division shall	55927
remain in the legal custody of the department of youth services	55928
during the period in which the child is in the community	55929
corrections facility.	55930

(3) Counties that are not associated with a community	55931
corrections facility may refer children to a community corrections	55932
facility with the consent of the facility. The department of youth	55933
services shall debit the county that makes the referral in	55934
accordance with sections 5139.41 to 5139.45 of the Revised Code.	55935

(F) If the board or other governing body of a community	55936
corrections facility establishes an advisory board, the board or	55937
other governing authority of the community corrections facility	55938
shall reimburse the members of the advisory board for their actual	55939
and necessary expenses incurred in the performance of their	55940
official duties on the advisory board. The members of advisory	55941
boards shall serve without compensation.	55942

Sec. 5139.41. ~~On and after January 1, 1995, the~~The	55943
appropriation made to the department of youth services for care	55944
and custody of felony delinquents shall be expended in accordance	55945
with ~~a formula~~the following procedure that the department shall	55946
~~develop~~use for each year of a biennium. The ~~formula~~procedure	55947
shall be consistent with sections 5139.41 to ~~5139.45~~5139.43 of	55948
the Revised Code and shall be developed in accordance with the	55949
following guidelines:	55950

(A) ~~The department shall set aside at least three per cent~~	55951
~~but not more than five per cent of the appropriation for purposes~~	55952
~~of funding the contingency program described in section 5139.45 of~~	55953
~~the Revised Code and of use in accordance with that section.~~	55954

~~(B)(1) After setting aside the amount described in division~~	55955
~~(A) of this section, the department shall set aside twenty-five~~	55956
~~per cent of the remainder of the appropriation and use that amount~~	55957
~~for the purpose described in division (B)(2) of this section and~~	55958
~~to pay certain of the operational costs associated with, and to~~	55959
~~provide cash flow for, the following:~~	55960

~~(a) Institutions;~~

55961

~~(b) The diagnosis, care, or treatment of felony delinquents~~	55962
~~at institutions, facilities, or centers pursuant to contracts~~	55963
~~entered into under section 5139.08 of the Revised Code;~~	55964

~~(c) Community corrections facilities constructed,~~	55965
~~reconstructed, improved, or financed as described in section~~	55966
~~5139.36 of the Revised Code for the purpose of providing~~	55967
~~alternative placement and services for felony delinquents who have~~	55968
~~been diverted from care and custody in institutions.~~	55969

~~(2) The department may use a portion of the twenty-five per~~	55970
~~cent of the remainder of the appropriation set aside pursuant to~~	55971
~~division (B)(1) of this section for administrative expenses~~	55972
~~incurred by the department in connection with the felony~~	55973
~~delinquent care and custody program described in section 5139.43~~	55974
~~of the Revised Code and the associated contingency program~~	55975
~~described in section 5139.45 of the Revised Code.~~	55976

~~(C) After setting aside the amounts described in divisions~~	55977
~~(A) and (B)(1) of this section, the department shall set aside the~~	55978
~~amount of the appropriation that is equal to twenty-five per cent~~	55979
~~of the amount that is calculated by multiplying the per diem cost~~	55980
~~for the care and custody of felony delinquents, as determined~~	55981
~~pursuant to division (D) of section 5139.42 of the Revised Code,~~	55982
~~by the number of bed days that the department projects for~~	55983
~~occupancy in community corrections facilities described in~~	55984
~~division (B)(1)(c) of this section. The department shall use the~~	55985
~~amount of the appropriation that is set aside pursuant to this~~	55986
~~division to pay the percentage of the per diem cost for the care~~	55987
~~and custody of felony delinquents who are in the care and custody~~	55988
~~of community corrections facilities described in division~~	55989
~~(B)(1)(c) of this section for which the department is responsible~~	55990
~~under sections 5139.41 to 5139.45 of the Revised Code.~~	55991

~~(D) After setting aside the amounts described in divisions~~	55992
~~(A) to (C) of this section, the department shall set aside the~~	55993
~~amount of the appropriation that is necessary to pay seventy-five~~	55994
~~per cent of the per diem cost of public safety beds and shall use~~	55995
~~that amount for the purpose of paying that per diem cost.~~	55996

~~(E) After setting aside the amounts described in divisions~~	55997
~~(A) to (D) of this section, the department shall use the remainder~~	55998
~~of the appropriation in connection with the felony delinquent care~~	55999
~~and custody program described in section 5139.43 of the Revised~~	56000
~~Code, except that, for fiscal year 2002 and fiscal year 2003 and~~	56001
~~only for those two fiscal years, the total number of beds~~	56002
~~available to all counties via public safety beds and county~~	56003
~~allocations shall not be less than the total beds used by all the~~	56004
~~counties during fiscal year 2000 funded by care and custody~~	56005
~~chargebacks (Line Item 401) and as public safety beds.~~	56006

~~(F) If the department's appropriation for a fiscal year is~~	56007
~~subsequently revised by law or its expenditures ordered to be~~	56008
~~reduced by executive order under section 126.05 of the Revised~~	56009
~~Code, the department may adjust the amounts described in divisions~~	56010
~~(A) to (E) of this section in a manner consistent with the~~	56011
~~revision or reduction.~~The line item appropriation for the care	56012
and custody of felony delinquents shall provide funding for	56013
operational costs for the following:	56014

(1) Institutions and the diagnosis, care, or treatment of	56015
felony delinquents at facilities pursuant to contracts entered	56016
into under section 5139.08 of the Revised Code;	56017

(2) Community corrections facilities constructed,	56018
reconstructed, improved, or financed as described in section	56019
5139.36 of the Revised Code for the purpose of providing	56020
alternative placement and services for felony delinquents who have	56021
been diverted from care and custody in institutions;	56022

(3) County juvenile courts that administer programs and	56023
services for prevention, early intervention, diversion, treatment,	56024
and rehabilitation services and programs that are provided for	56025
alleged or adjudicated unruly or delinquent children or for	56026
children who are at risk of becoming unruly or delinquent	56027
children;	56028

(4) Administrative expenses the department incurs in	56029
connection with the felony delinquent care and custody programs	56030
described in section 5139.43 of the Revised Code.	56031

(B) From the appropriated line item for the care and custody	56032
of felony delinquents, the department, with the advice of the	56033
RECLAIM advisory committee established under section 5139.44 of	56034
the Revised Code, shall allocate annual operational funds for	56035
county juvenile programs, institutional care and custody,	56036
community corrections facilities care and custody, and	56037
administrative expenses incurred by the department associated with	56038
felony delinquent care and custody programs. The department, with	56039
the advice of the RECLAIM advisory committee, shall adjust these	56040
allocations, when modifications to this line item are made by	56041
legislative or executive action.	56042

(C) The department shall divide county juvenile program	56043
allocations among county juvenile courts that administer programs	56044
and services for prevention, early intervention, diversion,	56045
treatment, and rehabilitation that are provided for alleged or	56046
adjudicated unruly or delinquent children or for children who are	56047
at risk of becoming unruly or delinquent children. The department	56048
shall base funding on the county's previous year's ratio of the	56049
department's institutional and community correctional facilities	56050
commitments to that county's four year average of felony	56051
adjudications, divided by statewide ratios of commitments to	56052
felony adjudications, as specified in the following formula:	56053

(1) The department shall give to each county a proportional	56054
allocation of commitment credits. The proportional allocation of	56055
commitment credits shall be calculated by the following	56056
procedures:	56057

(a) The department shall determine for each county and for	56058
the state a four year average of felony adjudications.	56059

(b) The department shall determine for each county and for	56060
the state the number of charged bed days, for both the department	56061
and community correctional facilities, from the previous year.	56062

(c) The department shall divide the statewide total number of	56063
charged bed days by the statewide total number of felony	56064
adjudications, which quotient shall then be multiplied by a factor	56065
determined by the department.	56066

(d) The department shall calculate the county's allocation of	56067
credits by multiplying the number of adjudications for each court	56068
by the result determined pursuant to division (C)(1)(c) of this	56069
section.	56070

(2) The department shall subtract from the allocation	56071
determined pursuant to division (C)(1) of this section a credit	56072
for every chargeable bed day a youth stays in a department	56073
institution and two-thirds of credit for every chargeable bed day	56074
a youth stays in a community correctional facility. At the end of	56075
the year, the department shall divide the amount of remaining	56076
credits of that county's allocation by the total number of	56077
remaining credits to all counties, to determine the county's	56078
percentage, which shall then be applied to the total county	56079
allocation to determine the county's payment for the fiscal year.	56080

(3) The department shall pay counties three times during the	56081
fiscal year to allow for credit reporting and audit adjustments,	56082
and modifications to the appropriated line item for the care and	56083
custody of felony delinquents, as described in this section. The	56084
department shall pay fifty per cent of the payment by the	56085
fifteenth of July of each fiscal year, twenty-five per cent by the	56086
fifteenth of January of that fiscal year, and twenty-five per cent	56087
of the payment by the fifteenth of June of that fiscal year.	56088

(D) In fiscal year 2004, the payment of county juvenile	56089
programs shall be based on the following procedure:	56090

(1) The department shall divide the funding earned by each	56091
court in fiscal year 2003 by the aggregate funding of all courts,	56092
resulting in a percentage.	56093

(2) The department shall apply the percentage determined	56094
under division (D)(1) of this section to the total county juvenile	56095
program allocation for fiscal year 2004 to determine each court's	56096
total payment.	56097

(3) The department shall make payments in accordance with the	56098
schedule established in division (C)(3) of this section.	56099

Sec. 5139.43. (A) The department of youth services shall	56100
operate a felony delinquent care and custody program ~~with the~~	56101
~~remainder of the appropriation described in division (E) of~~	56102
~~section 5139.41 of the Revised Code. The program~~that shall be	56103
operated in accordance with the formula developed pursuant to	56104
~~sections~~section 5139.41 ~~and 5139.42~~ of the Revised Code, subject	56105
to the conditions specified in this section~~, and in conjunction~~	56106
~~with the contingency program described in section 5139.45 of the~~	56107
~~Revised Code~~.	56108

(B)(1) ~~The department of youth services annually shall~~	56109
~~allocate to each county a portion of the remainder of the~~	56110
~~appropriation described in division (E) of section 5139.41 of the~~	56111
~~Revised Code. The portion to be allocated to each county shall be~~	56112
~~determined by multiplying the county's percentage determined under~~	56113
~~division (E) of section 5139.42 of the Revised Code by the amount~~	56114
~~of that remainder. The department shall divide the portion to be~~	56115
~~allocated to each county by twelve or, if in a particular fiscal~~	56116
~~year the felony delinquent care and custody program is in effect~~	56117
~~in a county less than twelve months, by the number of months the~~	56118
~~program is in effect in that county to determine the monthly~~	56119
~~allocation to that county.~~	56120

~~(2)(a) Except as provided in divisions (B)(2)(b) and (E) of~~	56121
~~this section, the department shall reduce the monthly allocation~~	56122
~~for each fiscal year to each county as determined under division~~	56123
~~(B)(1) of this section by both of the following:~~	56124

~~(i) Seventy-five per cent of the amount determined by~~	56125
~~multiplying the per diem cost for the care and custody of felony~~	56126
~~delinquents, as determined pursuant to division (D) of section~~	56127
~~5139.42 of the Revised Code, by the number of felony delinquents~~	56128
~~who have been adjudicated delinquent children and, except as~~	56129
~~otherwise provided in divisions (B)(2)(a) and (3) of this section,~~	56130
~~who are in the care and custody of an institution pursuant to a~~	56131
~~commitment, recommitment, or revocation of a release by the~~	56132
~~juvenile court of that county;~~	56133

~~(ii) Fifty per cent of the amount determined by multiplying~~	56134
~~the per diem cost for the care and custody of felony delinquents,~~	56135
~~as determined pursuant to division (D) of section 5139.42 of the~~	56136
~~Revised Code, by the number of felony delinquents who have been~~	56137
~~adjudicated delinquent children and, except as otherwise provided~~	56138
~~in division (B)(3) of this section, who are in the care and~~	56139
~~custody of a community corrections facility pursuant to a~~	56140
~~placement by the department with the consent of the juvenile court~~	56141
~~of that county as described in division (E) of section 5139.36 of~~	56142
~~the Revised Code.~~	56143

~~Public safety beds shall not be included in the number of~~	56144
~~felony delinquents who have been adjudicated delinquent children~~	56145
~~by a juvenile court in making the seventy-five per cent reduction~~	56146
~~described in division (B)(2)(a)(i) of this section. The department~~	56147
~~shall bear the care and custody costs associated with public~~	56148
~~safety beds.~~	56149

~~(b) If a county has exhausted its current and future monthly~~	56150
~~allocations for the current fiscal year as determined under~~	56151
~~division (B)(1) of this section, the department shall bear the~~	56152
~~remainder of the amounts calculated under divisions (B)(2)(a)(i)~~	56153
~~and (ii) of this section for the care and custody of felony~~	56154
~~delinquents who are in the care and custody of an institution~~	56155
~~pursuant to a commitment, recommitment, or revocation of a release~~	56156
~~or in the care and custody of a community corrections facility by~~	56157
~~debiting, in accordance with division (C)(2) of section 5139.45 of~~	56158
~~the Revised Code, the amount of the appropriation for care and~~	56159
~~custody of felony delinquents that was set aside for the~~	56160
~~contingency program pursuant to division (A) of section 5139.41 of~~	56161
~~the Revised Code.~~	56162

~~(3)(a) Subject to divisions (B)(2)(b) and (4) and (C)(3)(b)~~	56163
~~and (c) of this section and subject to the special provisions of~~	56164
~~division (B)(3)(b) of this section pertaining to monthly~~	56165
~~allocations under divisions (B)(1) and (2)(a) of this section for~~	56166
~~the month of June, after the application of division (B)(2)(a) of~~	56167
~~this section and on or before the fifteenth day of the following~~	56168
~~month, the department shall disburse to the juvenile court of each~~	56169
~~county the remainder of the monthly allocation of that county as~~	56170
~~determined pursuant to divisions (B)(1) and (2)(a) of this~~	56171
~~section.~~	56172

~~(b)(i) For the monthly allocation for the month of June of~~	56173
~~each fiscal year, the department shall estimate for each county~~	56174
~~the number of felony delinquents described in divisions~~	56175
~~(B)(2)(a)(i) and (ii) of this section rather than use the actual~~	56176
~~number of those felony delinquents, shall use the estimated number~~	56177
~~of those felony delinquents in making the seventy-five per cent~~	56178
~~and fifty per cent reductions described in those divisions, and~~	56179
~~shall encumber the remainder of the estimated monthly allocation~~	56180
~~of each county for the month of June, as determined pursuant to~~	56181
~~divisions (B)(1), (2)(a), and (3)(b)(i) of this section, for~~	56182
~~disbursement in the month of July of the next fiscal year in~~	56183
~~accordance with division (B)(3)(b)(ii) of this section. If the~~	56184
~~total of the seventy-five per cent and fifty per cent reductions~~	56185
~~described in division (B)(2)(a) of this section exceeds the~~	56186
~~estimated monthly allocation of a county for the month of June as~~	56187
~~so determined, the department may cover the amount of the excess~~	56188
~~by debiting, in accordance with division (C)(2) of section 5139.45~~	56189
~~of the Revised Code, the amount of the appropriation for care and~~	56190
~~custody of felony delinquents that was set aside for the~~	56191
~~contingency program pursuant to division (A) of section 5139.41 of~~	56192
~~the Revised Code.~~	56193

~~(ii) In the month of July of each new fiscal year, the~~	56194
~~department shall reconcile for each county the estimated~~	56195
~~reductions that occurred pursuant to divisions (B)(2)(a) and~~	56196
~~(3)(b)(i) of this section and the reductions that should have~~	56197
~~occurred pursuant to division (B)(2)(a) of this section by using~~	56198
~~the actual number of felony delinquents described in divisions~~	56199
~~(B)(2)(a)(i) and (ii) of this section for the month of June of the~~	56200
~~prior fiscal year. After that reconciliation occurs, subject to~~	56201
~~divisions (B)(2)(b) and (4) and (C)(3)(b) and (c) of this section,~~	56202
~~the department shall disburse to each county the remainder of its~~	56203
~~monthly allocation for the month of June of the prior fiscal year~~	56204
~~as adjusted pursuant to the reconciliation and division~~	56205
~~(B)(3)(b)(ii) of this section.~~	56206

~~In connection with the adjustments in the monthly allocations~~	56207
~~for the month of June of the prior fiscal year, if the encumbered~~	56208
~~monthly allocations of one or more counties for that month exceed~~	56209
~~or are less than the monthly allocations for that month to which~~	56210
~~those counties are entitled under divisions (B)(1) and (2)(a) of~~	56211
~~this section by using the actual number of felony delinquents~~	56212
~~described in divisions (B)(2)(a)(i) and (ii) of this section~~	56213
~~rather than the estimated number of those felony delinquents, the~~	56214
~~department may make the necessary adjustments in the monthly~~	56215
~~allocations of those counties for the month of June of the prior~~	56216
~~fiscal year within the total of the moneys for monthly allocations~~	56217
~~for that month that were encumbered for all of the counties. If~~	56218
~~that total amount is insufficient to make the requisite monthly~~	56219
~~allocations for that month to all counties in accordance with~~	56220
~~divisions (B)(1) and (2)(a) of this section, the department shall~~	56221
~~cover the insufficiency by debiting, in accordance with division~~	56222
~~(C)(2) of section 5139.45 of the Revised Code, the amount of the~~	56223
~~appropriation for care and custody of felony delinquents that was~~	56224
~~set aside for the contingency program pursuant to division (A) of~~	56225
~~section 5139.41 of the Revised Code.~~	56226

~~(4) Notwithstanding the general disbursement requirements of~~	56227
~~division (B)(3)(a) and (b)(ii) of this section, if a juvenile~~	56228
~~court fails to comply with division (C)(3)(d) of this section and~~	56229
~~the department is not able to reconcile fiscal accounting as a~~	56230
~~consequence of that failure, the department is not required to~~	56231
~~make any disbursement in accordance with division (B)(3)(a) or~~	56232
~~(b)(ii) of this section to the juvenile court until it complies~~	56233
~~with division (C)(3)(d) of this section.~~	56234

~~(C)(1)~~ Each juvenile court shall use the moneys disbursed to	56235
it by the department of youth services pursuant to division (B) of	56236
~~this~~ section 5139.41 of the Revised Code in accordance with the	56237
applicable provisions of division ~~(C)~~(B)(2) of this section and	56238
shall transmit the moneys to the county treasurer for deposit in	56239
accordance with this division. The county treasurer shall create	56240
in the county treasury a fund that shall be known as the felony	56241
delinquent care and custody fund and shall deposit in that fund	56242
the moneys disbursed to the juvenile court pursuant to division	56243
(B) of ~~this~~ section 5139.41 of the Revised Code. The county	56244
treasurer also shall deposit into that fund the state subsidy	56245
funds granted to the county pursuant to section 5139.34 of the	56246
Revised Code. The moneys disbursed to the juvenile court pursuant	56247
to division (B) of ~~this~~ section 5139.41 of the Revised Code and	56248
deposited pursuant to this division in the felony delinquent care	56249
and custody fund shall not be commingled with any other county	56250
funds except state subsidy funds granted to the county pursuant to	56251
section 5139.34 of the Revised Code; shall not be used for any	56252
capital construction projects; upon an order of the juvenile court	56253
and subject to appropriation by the board of county commissioners,	56254
shall be disbursed to the juvenile court for use in accordance	56255
with the applicable provisions of division ~~(C)~~(B)(2) of this	56256
section; shall not revert to the county general fund at the end of	56257
any fiscal year; and shall carry over in the felony delinquent	56258
care and custody fund from the end of any fiscal year to the next	56259
fiscal year. The moneys disbursed to the juvenile court pursuant	56260
to division (B) of ~~this~~ section 5139.41 of the Revised Code and	56261
deposited pursuant to this division in the felony delinquent care	56262
and custody fund shall be in addition to, and shall not be used to	56263
reduce, any usual annual increase in county funding that the	56264
juvenile court is eligible to receive or the current level of	56265
county funding of the juvenile court and of any programs or	56266
services for delinquent children, unruly children, or juvenile	56267
traffic offenders.	56268

(2)(a) A county and the juvenile court that serves the county	56269
shall use the moneys in its felony delinquent care and custody	56270
fund in accordance with rules that the department of youth	56271
services adopts pursuant to division ~~(E)~~(D) of section 5139.04 of	56272
the Revised Code and as follows:	56273

(i) The moneys in the fund that represent state subsidy funds	56274
granted to the county pursuant to section 5139.34 of the Revised	56275
Code shall be used to aid in the support of prevention, early	56276
intervention, diversion, treatment, and rehabilitation programs	56277
that are provided for alleged or adjudicated unruly children or	56278
delinquent children or for children who are at risk of becoming	56279
unruly children or delinquent children. The county shall not use	56280
for capital improvements more than fifteen per cent of the moneys	56281
in the fund that represent the applicable annual grant of those	56282
state subsidy funds.	56283

(ii) The moneys in the fund that were disbursed to the	56284
juvenile court pursuant to division (B) of ~~this~~ section 5139.41 of	56285
the Revised Code and deposited pursuant to division ~~(C)~~(B)(1) of	56286
this section in the fund shall be used to provide programs and	56287
services for the training, treatment, or rehabilitation of felony	56288
delinquents that are alternatives to their commitment to the	56289
department, including, but not limited to, community residential	56290
programs, day treatment centers, services within the home, and	56291
electronic monitoring, and shall be used in connection with	56292
training, treatment, rehabilitation, early intervention, or other	56293
programs or services for any delinquent child, unruly child, or	56294
juvenile traffic offender who is under the jurisdiction of the	56295
juvenile court. ~~For purposes of division (C)(2)(a)(ii) of this~~	56296
~~section, a delinquent child includes a child who is so adjudicated~~	56297
~~for the commission of an act that if committed by an adult would~~	56298
~~be a misdemeanor or felony.~~	56299

~~If, during the previous state fiscal year, the county did not~~	56300
~~exceed in any month its monthly allocation as determined pursuant~~	56301
~~to division (B)(1) of this section in connection with felony~~	56302
~~delinquents described in divisions (B)(2)(a)(i) and (ii) of this~~	56303
~~section, the moneys in the fund that were disbursed to the~~	56304
~~juvenile court pursuant to division (B) of this section and~~	56305
~~deposited pursuant to division (C)(1) of this section in the~~The	56306
fund also may be used for prevention, early intervention,	56307
diversion, treatment, and rehabilitation programs that are	56308
provided for alleged or adjudicated unruly children, delinquent	56309
children, or juvenile traffic offenders or for children who are at	56310
risk of becoming unruly children, delinquent children, or juvenile	56311
traffic offenders. Consistent with division ~~(C)~~(B)(1) of this	56312
section, a county and the juvenile court of a county shall not use	56313
any of those moneys for capital construction projects.	56314

(iii) The county and the juvenile court that serves the	56315
county may not use moneys in the fund for the provision of care	56316
and services for children, including, but not limited to, care and	56317
services in a detention facility, in another facility, or in	56318
out-of-home placement, unless the minimum standards that apply to	56319
the care and services and that the department prescribes in rules	56320
adopted pursuant to division ~~(E)~~(D) of section 5139.04 of the	56321
Revised Code have been satisfied.	56322

(b) Each juvenile court shall comply with division	56323
~~(C)~~(B)(3)(d) of this section as implemented by the department. If	56324
~~a juvenile court fails to comply with that division and the~~	56325
~~department is not able to reconcile fiscal accounting as a~~	56326
~~consequence of the failure, the provisions of division (B)(4) of~~	56327
~~this section shall apply.~~	56328

(3) In accordance with rules adopted by the department	56329
pursuant to division ~~(E)~~(D) of section 5139.04 of the Revised	56330
Code, each juvenile court and the county served by that juvenile	56331
court shall do all of the following that apply:	56332

(a) The juvenile court shall prepare an annual grant	56333
agreement and application for funding that satisfies the	56334
requirements of this section and section 5139.34 of the Revised	56335
Code and that pertains to the use, upon an order of the juvenile	56336
court and subject to appropriation by the board of county	56337
commissioners, of the moneys in its felony delinquent care and	56338
custody fund for specified programs, care, and services as	56339
described in division ~~(C)~~(B)(2)(a) of this section, shall submit	56340
that agreement and application to the county family and children	56341
first council, the regional family and children first council, or	56342
the local intersystem services to children cluster as described in	56343
sections 121.37 and 121.38 of the Revised Code, whichever is	56344
applicable, and shall file that agreement and application with the	56345
department for its approval. The annual grant agreement and	56346
application for funding shall include a method of ensuring equal	56347
access for minority youth to the programs, care, and services	56348
specified in it.	56349

The department may approve an annual grant agreement and	56350
application for funding only if the juvenile court involved has	56351
complied with the preparation, submission, and filing requirements	56352
described in division ~~(C)~~(B)(3)(a) of this section. If the	56353
juvenile court complies with those requirements and the department	56354
approves that agreement and application, the juvenile court and	56355
the county served by the juvenile court may expend the state	56356
subsidy funds granted to the county pursuant to section 5139.34 of	56357
the Revised Code only in accordance with division ~~(C)~~(B)(2)(a) of	56358
this section, the rules pertaining to state subsidy funds that the	56359
department adopts pursuant to division ~~(E)~~(D) of section 5139.04	56360
of the Revised Code, and the approved agreement and application.	56361

(b) By the thirty-first day of August of each year, the	56362
juvenile court shall file with the department a report that	56363
contains all of the statistical and other information for each	56364
month of the prior state fiscal year ~~that will permit the~~	56365
~~department to prepare the report described in division (D) of this~~	56366
~~section and the annual report described in division (H) of section~~	56367
~~5139.04 of the Revised Code~~. If the juvenile court fails to file	56368
the report required by division ~~(C)~~(B)(3)(b) of this section by	56369
the thirty-first day of August of any year, the department shall	56370
not disburse any payment of state subsidy funds to which the	56371
county otherwise is entitled pursuant to section 5139.34 of the	56372
Revised Code and shall not disburse pursuant to division (B)~~(3)(a)~~	56373
~~or (b)(ii)~~ of ~~this~~ section ~~the remainder of~~5139.41 of the Revised	56374
Code the applicable ~~monthly~~ allocation ~~of the county~~ until the	56375
juvenile court fully complies with division ~~(C)~~(B)(3)(b) of this	56376
section.	56377

(c) If the department requires the juvenile court to prepare	56378
monthly statistical reports ~~for use under section 5139.42 of the~~	56379
~~Revised Code~~ and to submit the reports on forms provided by the	56380
department, the juvenile court shall file those reports with the	56381
department on the forms so provided. If the juvenile court fails	56382
to prepare and submit those monthly statistical reports within the	56383
department's timelines, the department shall not disburse any	56384
payment of state subsidy funds to which the county otherwise is	56385
entitled pursuant to section 5139.34 of the Revised Code and shall	56386
not disburse pursuant to division (B)~~(3)(a) or (b)(ii)~~ of ~~this~~	56387
section ~~the remainder of~~5139.41 of the Revised Code the	56388
applicable ~~monthly~~ allocation ~~of the county~~ until the juvenile	56389
court fully complies with division ~~(C)~~(B)(3)(c) of this section.	56390
If the juvenile court fails to prepare and submit those monthly	56391
statistical reports within one hundred eighty days of the date the	56392
department establishes for their submission, the department shall	56393
not disburse any payment of state subsidy funds to which the	56394
county otherwise is entitled pursuant to section 5139.34 of the	56395
Revised Code and shall not disburse pursuant to division (B)~~(3)(a)~~	56396
~~or (b)(ii)~~ of ~~this~~ section ~~the remainder of~~5139.41 of the Revised	56397
Code the applicable ~~monthly~~ allocation ~~of the county~~, and the	56398
state subsidy funds and the remainder of the applicable ~~monthly~~	56399
allocation shall revert to the department. If a juvenile court	56400
states in a monthly statistical report that the juvenile court	56401
adjudicated within a state fiscal year five hundred or more	56402
children to be delinquent children for committing acts that would	56403
be felonies if committed by adults and if the department	56404
determines that the data in the report may be inaccurate, the	56405
juvenile court shall have an independent auditor or other	56406
qualified entity certify the accuracy of the data on a date	56407
determined by the department.	56408

(d) If the department requires the juvenile court and the	56409
county to participate in a fiscal monitoring program or another	56410
monitoring program that is conducted by the department to ensure	56411
compliance by the juvenile court and the county with division	56412
~~(C)~~(B) of this section, the juvenile court and the county shall	56413
participate in the program and fully comply with any guidelines	56414
for the performance of audits adopted by the department pursuant	56415
to that program and all requests made by the department pursuant	56416
to that program for information necessary to reconcile fiscal	56417
accounting. If an audit that is performed pursuant to a fiscal	56418
monitoring program or another monitoring program described in this	56419
division determines that the juvenile court or the county used	56420
moneys in the county's felony delinquent care and custody fund for	56421
expenses that are not authorized under division ~~(C)~~(B) of this	56422
section, within forty-five days after the department notifies the	56423
county of the unauthorized expenditures, the county either shall	56424
repay the amount of the unauthorized expenditures from the county	56425
general revenue fund to the state's general revenue fund or shall	56426
file a written appeal with the department. If an appeal is timely	56427
filed, the director of the department shall render a decision on	56428
the appeal and shall notify the appellant county or its juvenile	56429
court of that decision within forty-five days after the date that	56430
the appeal is filed. If the director denies an appeal, the	56431
county's fiscal agent shall repay the amount of the unauthorized	56432
expenditures from the county general revenue fund to the state's	56433
general revenue fund within thirty days after receiving the	56434
director's notification of the appeal decision. If the county	56435
fails to make the repayment within that thirty-day period and if	56436
the unauthorized expenditures pertain to moneys allocated under	56437
sections 5139.41 to ~~5139.45~~5139.43 of the Revised Code, the	56438
department shall deduct the amount of the unauthorized	56439
expenditures from the next ~~monthly~~ allocation of those moneys to	56440
the county in accordance with this section or from the allocations	56441
that otherwise would be made under those sections to the county	56442
during the next state fiscal year in accordance with this section	56443
and shall return that deducted amount to the state's general	56444
revenue fund. If the county fails to make the repayment within	56445
that thirty-day period and if the unauthorized expenditures	56446
pertain to moneys granted pursuant to section 5139.34 of the	56447
Revised Code, the department shall deduct the amount of the	56448
unauthorized expenditures from the next annual grant to the county	56449
pursuant to that section and shall return ~~than~~that deducted	56450
amount to the state's general revenue fund.	56451

~~(D) On or prior to the first day of December of each year,~~	56452
~~the department of youth services shall submit to the joint~~	56453
~~legislative committee on juvenile corrections overcrowding a~~	56454
~~report that pertains to the operation of sections 5139.34 and~~	56455
~~5139.41 to 5139.45 of the Revised Code during the immediately~~	56456
~~preceding state fiscal year and that includes, but is not limited~~	56457
~~to, the following:~~	56458

~~(1) A description of the programs, care, and services that~~	56459
~~were financed under those sections in each county;~~	56460

~~(2) The number of felony delinquents, other delinquent~~	56461
~~children, unruly children, and juvenile traffic offenders served~~	56462
~~by the programs, care, and services in each county;~~	56463

~~(3) The total number of children adjudicated in each juvenile~~	56464
~~court as felony delinquents;~~	56465

~~(4) The total number of felony delinquents who were committed~~	56466
~~by the juvenile court of each county to the department and who~~	56467
~~were in the care and custody of an institution or a community~~	56468
~~corrections facility;~~	56469

~~(5) A breakdown of the felony delinquents described in~~	56470
~~division (D)(4) of this section on the basis of the types and~~	56471
~~degrees of felonies committed, the ages of the felony delinquents~~	56472
~~at the time they committed the felonies, and the sex and race of~~	56473
~~the felony delinquents.~~	56474

~~(E)~~(C) The determination of which county a reduction of the	56475
~~monthly~~ care and custody allocation will be charged against for a	56476
particular youth shall be made as outlined below for all youths	56477
who do not qualify as public safety beds. The determination of	56478
which county a reduction of the ~~monthly~~ care and custody	56479
allocation will be charged against shall be made as follows until	56480
each youth is released:	56481

(1) In the event of a commitment, the reduction shall be	56482
charged against the committing county.	56483

(2) In the event of a recommitment, the reduction shall be	56484
charged against the original committing county until the	56485
expiration of the minimum period of institutionalization under the	56486
original order of commitment or until the date on which the youth	56487
is admitted to the department of youth services pursuant to the	56488
order of recommitment, whichever is later. Reductions of the	56489
~~monthly~~ allocation shall be charged against the county that	56490
recommitted the youth after the minimum expiration date of the	56491
original commitment.	56492

(3) In the event of a revocation of a release on parole, the	56493
reduction shall be charged against the county that revokes the	56494
youth's parole.	56495

(D) A juvenile court is not precluded by its allocation	56496
amount for the care and custody of felony delinquents from	56497
committing a felony delinquent to the department of youth services	56498
for care and custody in an institution or a community corrections	56499
facility when the juvenile court determines that the commitment is	56500
appropriate.	56501

Sec. 5139.44. (A)(1) There is hereby created the RECLAIM	56502
advisory committee that shall be composed of the following ten	56503
members:	56504

(a) Two members shall be juvenile court judges appointed by	56505
the Ohio association of juvenile and family court judges.	56506

(b) One member shall be the director of youth services or the	56507
director's designee.	56508

(c) One member shall be the director of budget and management	56509
or the director's designee.	56510

(d) One member shall be the director of the legislative	56511
service commission or the director's designee.	56512

(e) One member shall be a member of a senate committee	56513
dealing with finance or criminal justice issues appointed by the	56514
president of the senate.	56515

(f) One member shall be a member of a committee of the house	56516
of representatives dealing with finance or criminal justice issues	56517
appointed by the speaker of the house of representatives.	56518

(g) One member shall be a member of a board of county	56519
commissioners appointed by the county commissioners association of	56520
Ohio.	56521

(h) Two members shall be juvenile court administrators	56522
appointed by the Ohio association of juvenile and family court	56523
judges.	56524

(2) The members of the committee shall be appointed or	56525
designated within thirty days after the effective date of this	56526
section, and the director of youth services shall be notified of	56527
the names of the members.	56528

(3) Members described in divisions (A)(1)(a), (g), and (h) of	56529
this section shall serve for terms of two years and shall hold	56530
office from the date of the member's appointment until the end of	56531
the term for which the member was appointed. Members described in	56532
divisions (A)(1)(b), (c), and (d) of this section shall serve as	56533
long as they hold the office described in that division. Members	56534
described in divisions (A)(1)(e) and (f) of this section shall	56535
serve for the duration of the session of the general assembly	56536
during which they were appointed, provided they continue to hold	56537
the office described in that division. The members described in	56538
divisions (A)(1)(a), (e), (f), (g), and (h) may be reappointed.	56539
Vacancies shall be filled in the manner provided for original	56540
appointments. Any member appointed to fill a vacancy occurring	56541
prior to the expiration date of the term for which the member's	56542
predecessor was appointed shall hold office as a member for the	56543
remainder of that term. A member shall continue in office	56544
subsequent to the expiration date of the member's term until the	56545
member's successor takes office or until a period of sixty days	56546
has elapsed, whichever occurs first.	56547

(4) Membership on the committee does not constitute the	56548
holding of an incompatible public office or employment in	56549
violation of any statutory or common law prohibition pertaining to	56550
the simultaneous holding of more than one public office or	56551
employment. Members of the committee are not disqualified from	56552
holding by reason of that membership and do not forfeit because of	56553
that membership their public office or employment that qualifies	56554
them for membership on the committee notwithstanding any contrary	56555
disqualification or forfeiture requirement under existing Revised	56556
Code sections.	56557

(B) The director of youth services shall serve as an interim	56558
chair of the RECLAIM advisory committee until the first meeting of	56559
the committee. Upon receipt of the names of the members of the	56560
committee, the director shall schedule the initial meeting of the	56561
committee that shall take place at an appropriate location in	56562
Columbus and occur not later than sixty days after the effective	56563
date of this section. The director shall notify the members of the	56564
committee of the time, date, and place of the meeting. At the	56565
initial meeting, the committee shall organize itself by selecting	56566
from among its members a chair, vice-chair, and secretary. The	56567
committee shall meet at least once each quarter of the calendar	56568
year but may meet more frequently at the call of the chair.	56569

(C) In addition to its functions with respect to the RECLAIM	56570
program described in section 5139.41 of the Revised Code, the	56571
RECLAIM advisory committee periodically shall do all of the	56572
following:	56573

(1) Evaluate the operation of the RECLAIM program by the	56574
department of youth services, evaluate the implementation of the	56575
RECLAIM program by the counties, and evaluate the efficiency of	56576
the formula described in section 5139.41 of the Revised Code. In	56577
conducting these evaluations, the committee shall consider the	56578
public policy that RECLAIM funds are to be expended to provide the	56579
most appropriate programs and services for felony delinquents and	56580
other youthful offenders.	56581

(2) Advise the department of youth services, the office of	56582
budget and management, and the general assembly on the following	56583
changes that the committee believes should be made:	56584

(a) Changes to sections of the Revised Code that pertain to	56585
the RECLAIM program, specifically the formula specified in section	56586
5139.41 of the Revised Code;	56587

(b) Changes in the funding level for the RECLAIM program,	56588
specifically the amounts distributed under the formula for county	56589
allocations, community correctional facilities, and juvenile	56590
correctional facility budgets.	56591

Sec. 5139.87. (A) The department of youth services shall	56592
serve as the state agent for the administration of all federal	56593
juvenile justice grants awarded to the state.	56594

(B) There are hereby created in the state treasury the	56595
federal juvenile justice programs funds. A separate fund shall be	56596
established each federal fiscal year. All federal grants and other	56597
moneys received for federal juvenile programs shall be deposited	56598
into the funds. All receipts deposited into the funds shall be	56599
used for federal juvenile programs. All investment earnings on the	56600
cash balance in a federal juvenile program fund shall be credited	56601
to that fund for the appropriate federal fiscal year.	56602

(C) All rules, orders, and determinations of the office of	56603
criminal justice services regarding the administration of federal	56604
juvenile justice grants that are in effect on the effective date	56605
of this amendment shall continue in effect as rules, orders, and	56606
determinations of the department of youth services.	56607

Sec. 5153.122. (A) Each caseworker hired by a public	56608
children services agency shall complete at least ninety hours of	56609
in-service training during the first year of the caseworker's	56610
continuous employment, except that the director of the public	56611
children services agency may waive the training requirement for a	56612
school of social work graduate who participated in the university	56613
partnership program described in division (D) of section 5101.141	56614
of the Revised Code. The training shall consist of courses in	56615
recognizing and preventing child abuse and neglect, assessing	56616
risks, interviewing persons, investigating cases, intervening,	56617
providing services to children and their families, and other	56618
topics relevant to child abuse and neglect. After the first year	56619
of continuous employment, each caseworker annually shall complete	56620
thirty-six hours of training in areas relevant to the caseworker's	56621
assigned duties.	56622

(B) Each supervisor hired by a public children services	56623
agency shall complete at least sixty hours of in-service training	56624
during the first year of the supervisor's continuous employment in	56625
that position. After the first year of continuous employment as a	56626
supervisor, the supervisor annually shall complete thirty hours of	56627
training in areas relevant to the supervisor's assigned duties.	56628

Sec. 5153.163. (A) As used in this section, "adoptive	56629
parent" means, as the context requires, a prospective adoptive	56630
parent or an adoptive parent.	56631

(B)(1) IfBefore a child's adoption is finalized, a public	56632
children services agency ~~considers a child with special needs~~	56633
~~residing in the county served by the agency to be in need of~~	56634
~~public care or protective services and all of the following apply,~~	56635
~~the agency~~ shall enter into an agreement with the child's adoptive	56636
parent ~~before the child is adopted~~ under which the agency shall	56637
make state adoption maintenance subsidy payments as needed on	56638
behalf of the child when all of the following apply:	56639

(a) The child is a child with special needs.

56640

(b) The child was placed in the adoptive home by a public	56641
children services agency or a private child placing agency and may	56642
legally be adopted.	56643

(c) The adoptive parent has the capability of providing the	56644
permanent family relationships needed by the child ~~in all areas~~	56645
~~except financial need as determined by the agency;~~.	56646

~~(b)~~(d) The needs of the child are beyond the economic	56647
resources of the adoptive parent ~~as determined by the agency;~~.	56648

~~(c) The agency determines the acceptance~~(e) Acceptance of	56649
the child as a member of the adoptive parent's family would not be	56650
in the child's best interest without payments on the child's	56651
behalf under this section.	56652

~~(2) Payments to an adoptive parent under division (B) of this~~	56653
~~section shall include medical, surgical, psychiatric,~~	56654
~~psychological, and counseling expenses, and may include~~	56655
~~maintenance costs if necessary and other costs incidental to the~~	56656
~~care of the child. No payment of maintenance costs shall be made~~	56657
~~under division (B) of this section on behalf of a child if either~~	56658
~~of the following apply:~~	56659

~~(a)~~(f) The gross income of the adoptive parent's family	56660
~~exceeds~~does not exceed one hundred twenty per cent of the median	56661
income of a family of the same size, including the child, as most	56662
recently determined for this state by the secretary of health and	56663
human services under Title XX of the "Social Security Act," 88	56664
Stat. 2337, 42 U.S.C.A. 1397, as amended;.	56665

~~(b)~~(g) The child is not eligible for adoption assistance	56666
payments ~~for maintenance costs~~ under Title IV-E of the "Social	56667
Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended.	56668

(2) State adoption maintenance subsidy payment agreements	56669
must be made by either the public children services agency that	56670
has permanent custody of the child or the public children services	56671
agency of the county in which the private child placing agency	56672
that has permanent custody of the child is located.	56673

(3) State adoption maintenance subsidy payments shall be made	56674
in accordance with the agreement between the public children	56675
services agency and the adoptive parent and are subject to an	56676
annual redetermination of need.	56677

(4) Payments under this division ~~(B) of this section~~ may	56678
begin either before or after issuance of the final adoption	56679
decree, except that payments made before issuance of the final	56680
adoption decree may be made only while the child is living in the	56681
adoptive parent's home. Preadoption payments may be made for not	56682
more than twelve months, unless the final adoption decree is not	56683
issued within that time because of a delay in court proceedings.	56684
Payments that begin before issuance of the final adoption decree	56685
may continue after its issuance.	56686

(C)(1) If, after the child's adoption is finalized, a public	56687
children services agency considers a child residing in the county	56688
served by the agency to be in need of public care or protective	56689
services ~~and both of the following apply~~, the agency may, ~~and~~ to	56690
the extent state funds are appropriated for this purpose ~~shall~~,	56691
enter into an agreement with the child's adoptive parent ~~after the~~	56692
~~child is adopted~~ under which the agency shall make post adoption	56693
special services subsidy payments on behalf of the child as needed	56694
when both of the following apply:	56695

~~(1)~~(a) The child has a physical or developmental handicap or	56696
mental or emotional condition that either:	56697

~~(a)~~(i) Existed before the adoption petition was filed; or

56698

~~(b)~~(ii) Developed after the adoption petition was filed and	56699
can be directly attributed to factors in the child's preadoption	56700
background, medical history, or biological family's background or	56701
medical history.	56702

~~(2)~~(b) The agency determines the expenses necessitated by the	56703
child's handicap or condition are beyond the adoptive parent's	56704
economic resources.	56705

~~Payments to an adoptive parent~~(2) Services for which a	56706
public children services agency may make post adoption special	56707
services subsidy payments on behalf of a child under this division	56708
shall include medical, surgical, psychiatric, psychological, and	56709
counseling ~~expenses~~services, including residential treatment.	56710

(3) The department of job and family services shall establish	56711
clinical standards to evaluate a child's physical or developmental	56712
handicap or mental or emotional condition and assess the child's	56713
need for services.	56714

(4) The total dollar value of post adoption special services	56715
subsidy payments made on a child's behalf shall not exceed ten	56716
thousand dollars in any fiscal year, unless the department	56717
determines that extraordinary circumstances exist that necessitate	56718
further funding of services for the child. Under such	56719
extraordinary circumstances, the value of the payments made on the	56720
child's behalf shall not exceed fifteen thousand dollars in any	56721
fiscal year.	56722

(5) The adoptive parent or parents of a child who receives	56723
post adoption special services subsidy payments shall pay at least	56724
five per cent of the total cost of all services provided to the	56725
child; except that a public children services agency may waive	56726
this requirement if the gross annual income of the child's	56727
adoptive family is not more than two hundred per cent of the	56728
federal poverty guideline.	56729

(6) A public children services agency may use other sources	56730
of revenue to make post adoption special services subsidy	56731
payments, in addition to any state funds appropriated for that	56732
purpose.	56733

(D) No payment shall be made under division (B) or (C) of	56734
this section on behalf of any person eighteen years of age or	56735
older beyond the end of the school year during which the person	56736
attains the age of eighteen or on behalf of a mentally or	56737
physically handicapped person twenty-one years of age or older.	56738
~~Payments under those divisions shall be made in accordance with~~	56739
~~the terms of the agreement between the public children services~~	56740
~~agency and the adoptive parent, subject to an annual~~	56741
~~redetermination of need. The agency may use sources of funding in~~	56742
~~addition to any state funds appropriated for the purposes of those~~	56743
~~divisions.~~	56744

(E) The director of job and family services shall adopt rules	56745
in accordance with Chapter 119. of the Revised Code that are	56746
needed to implement this section. The rules shall establish all of	56747
the following:	56748

(1) The application process for ~~payments~~all forms of	56749
assistance provided under this section;	56750

(2) The method to determine the ~~amounts and kinds~~amount of	56751
assistance payable under division (B) of this section;	56752

(3) The definition of "child with special needs" for this	56753
section;	56754

(4) The process whereby a child's continuing need for	56755
services provided under division (B) of this section is annually	56756
redetermined;	56757

(5) The method of determining the amount, duration, and scope	56758
of services provided to a child under division (C) of this	56759
section;	56760

(6) Any other rule, requirement, or procedure the department	56761
considers appropriate for the implementation of this section.	56762

~~The rules shall allow for payments for children placed by~~	56763
~~nonpublic agencies.~~	56764

~~(E)~~(F) The state adoption special services subsidy program	56765
ceases to exist on July 1, 2004, except that, subject to the	56766
findings of the annual redetermination process established under	56767
division (E) of this section and the child's individual need for	56768
services, a public children services agency may continue to	56769
provide state adoption special services subsidy payments on behalf	56770
of a child for whom payments were being made prior to July 1,	56771
2004.	56772

(G) No public children services agency shall, pursuant to	56773
either section 2151.353 or 5103.15 of the Revised Code, place or	56774
maintain a child with special needs who is in the permanent	56775
custody of an institution or association certified by the	56776
department of job and family services under section 5103.03 of the	56777
Revised Code in a setting other than with a person seeking to	56778
adopt the child, unless the agency has determined and redetermined	56779
at intervals of not more than six months the impossibility of	56780
adoption by a person listed pursuant to division (B), (C), or (D)	56781
of section 5103.154 of the Revised Code, including the	56782
impossibility of entering into a payment agreement with such a	56783
person. The agency so maintaining such a child shall report its	56784
reasons for doing so to the department of job and family services.	56785
~~No agency that fails to so determine, redetermine, and report~~	56786
~~shall receive more than fifty per cent of the state funds to which~~	56787
~~it would otherwise be eligible for that part of the fiscal year~~	56788
~~following placement under section 5101.14 of the Revised Code.~~	56789

The department may take any action permitted under section	56790
5101.24 of the Revised Code for an agency's failure to determine,	56791
redetermine, and report on a child's status.	56792

Sec. 5153.60. (A) The department of job and family services	56793
shall establish a statewide program that provides ~~the~~all of the	56794
following:	56795

(1) The training section 5153.122 of the Revised Code	56796
requires public children services agency caseworkers and	56797
supervisors to complete~~. The program may also provide the~~;	56798

(2) The preplacement and continuing training described in	56799
sections 5103.034, 5103.039, 5103.0310, and 5103.0311 of the	56800
Revised Code that foster caregivers are required by sections	56801
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.	56802
~~The~~;	56803

(3) The education programs for adoption assessors required by	56804
section 3107.014 of the Revised Code.	56805

(B) The training described in division (A)(1) of this section	56806
shall be conducted in accordance with rules adopted by the	56807
department of job and family services under section 111.15 of the	56808
Revised Code and the training and programs described in divisions	56809
(A)(2) and (3) of this section shall be conducted in accordance	56810
with rules adopted under Chapter 119. of the Revised Code.	56811

(C) The program established pursuant to division (A) of this	56812
section shall be called the "Ohio child welfare training program."	56813

Sec. 5153.69. The training program steering committee shall	56814
monitor and evaluate the Ohio child welfare training program to	56815
ensure the following:	56816

(A) That the Ohio child welfare training program is a	56817
competency-based training system that satisfies the training	56818
requirements for public children services agency caseworkers and	56819
supervisors under section 5153.122 of the Revised Code;	56820

(B) That~~, if~~ the Ohio child welfare training program provides	56821
preplacement or continuing training for foster caregivers~~, it~~as	56822
required by section 5153.60 of the Revised Code that meets the	56823
~~same~~ requirements ~~that~~ preplacement training programs and	56824
continuing training programs must meet pursuant to section	56825
5103.038 of the Revised Code to obtain approval by the department	56826
of job and family services, except that the Ohio child welfare	56827
training program is not required to obtain department approval.	56828

Sec. 5153.72. Prior to the beginning of the fiscal biennium	56829
that first follows ~~the effective date of this section~~October 5,	56830
2000, the public children services agencies of Athens, Cuyahoga,	56831
Franklin, Greene, Guernsey, Hamilton, Lucas, and Summit counties	56832
shall each establish and maintain a regional training center. At	56833
any time after the beginning of that biennium, the department of	56834
job and family services, on the recommendation of the training	56835
program steering committee, may direct a public children services	56836
agency to establish and maintain a training center to replace the	56837
center established by an agency under this section. There may be	56838
no more and no less than eight centers in existence at any time.	56839
The department may make a grant to a public children services	56840
agency that establishes and maintains a regional training center	56841
under this section for the purpose of wholly or partially	56842
subsidizing the operation of the center.	56843

Sec. 5153.78. (A) As used in this section:

56844

(1) "Title IV-B" means Title IV-B of the "Social Security Act	56845
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	56846

(2) "Title IV-E" means Title IV-E of the "Social Security	56847
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	56848

(3) "Title XX" has the same meaning as in section 5101.46 of	56849
the Revised Code.	56850

(B) For purposes of adequately funding the Ohio child welfare	56851
training program, the department of job and family services may	56852
use any of the following:	56853

(1) The federal financial participation funds withheld	56854
pursuant to division ~~(D)~~(E) of section 5101.141 of the Revised	56855
Code in an amount determined by the department;	56856

(2) Funds available under Title XX, Title IV-B, and Title	56857
IV-E to pay for training costs;	56858

(3) Other available state or federal funds.

56859

Sec. 5301.68. An owner of land may grant a conservation	56860
easement to the department of natural resources, a park district	56861
created under Chapter 1545. of the Revised Code, a township park	56862
district created under section 511.18 of the Revised Code, a	56863
conservancy district created under Chapter 6101. of the Revised	56864
Code, a soil and water conservation district created under Chapter	56865
1515. of the Revised Code, a county, a township, a municipal	56866
corporation, or a charitable organization that is authorized to	56867
hold conservation easements by division (B) of section 5301.69 of	56868
the Revised Code, in the form of articles of dedication, easement,	56869
covenant, restriction, or condition. An owner of land also may	56870
grant an agricultural easement to the director of agriculture; to	56871
a municipal corporation, county, or township, or soil and water	56872
conservation district; or to a charitable organization described	56873
in division (B) of section 5301.69 of the Revised Code. An owner	56874
of land may grant an agricultural easement only on land that is	56875
valued for purposes of real property taxation at its current value	56876
for agricultural use under section 5713.31 of the Revised Code or	56877
that constitutes a homestead when the easement is granted.	56878

All conservation easements and agricultural easements shall	56879
be executed and recorded in the same manner as other instruments	56880
conveying interests in land.	56881

Sec. 5301.691. (A)(1) Subject to divisions (A)(2) and ~~(E)~~(F)	56882
of this section, the director of agriculture, with moneys credited	56883
to the agricultural easement purchase fund created in section	56884
901.21 of the Revised Code, may purchase agricultural easements in	56885
the name of the state.	56886

(2) Not less than thirty days prior to the acquisition of an	56887
agricultural easement under division (A)(1) of this section or the	56888
extinguishment of such an easement purchased under that division,	56889
the director shall provide written notice of the intention to do	56890
so to the board of county commissioners of the county in which the	56891
land that is or is proposed to be subject to the easement or	56892
extinguishment is located, and either to the legislative authority	56893
of the municipal corporation in which the land is located, if it	56894
is located in an incorporated area, or to the board of township	56895
trustees of the township in which the land is located, if it is	56896
located in an unincorporated area. If, within thirty days after	56897
the director provides the notice, the board of county	56898
commissioners, legislative authority, or board of township	56899
trustees requests an informational meeting with the director	56900
regarding the proposed acquisition or extinguishment, the director	56901
shall meet with the legislative authority or board to respond to	56902
the board's or authority's questions and concerns. If a meeting is	56903
timely requested under division (A)(2) of this section, the	56904
director shall not undertake the proposed acquisition or	56905
extinguishment until after the meeting has been concluded.	56906

The director, upon the director's own initiative and prior to	56907
the purchase of an agricultural easement under division (A)(1) of	56908
this section or the extinguishment of such an easement, may hold	56909
an informational meeting with the board of county commissioners	56910
and the legislative authority of the municipal corporation or	56911
board of township trustees in which land that would be affected by	56912
the proposed acquisition or extinguishment is located, to respond	56913
to any questions and concerns of the board or authority regarding	56914
the proposed acquisition or extinguishment.	56915

(B)(1) Subject to division ~~(E)~~(F) of this section, the	56916
legislative authority of a municipal corporation, board of county	56917
commissioners of a county, or board of trustees of a township,	56918
with moneys in the political subdivision's general fund not	56919
required by law or charter to be used for other specified purposes	56920
or with moneys in a special fund of the political subdivision to	56921
be used for the purchase of agricultural easements, may purchase	56922
agricultural easements in the name of the municipal corporation,	56923
county, or township.	56924

(2) Subject to division ~~(E)~~(F) of this section, the	56925
legislative authority of a municipal corporation, board of county	56926
commissioners of a county, or board of township trustees of a	56927
township may acquire agricultural easements by gift, devise, or	56928
bequest. Any terms may be included in an agricultural easement so	56929
acquired that are necessary or appropriate to preserve on behalf	56930
of the grantor of the easement the favorable tax consequences of	56931
the gift, devise, or bequest under the "Internal Revenue Act of	56932
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	56933

(C)(1) Subject to division (F) of this section, the board of	56934
supervisors of a soil and water conservation district, with moneys	56935
in any fund not required by law to be used for other specified	56936
purposes or with moneys provided to the board through matching	56937
grants made under section 901.22 of the Revised Code for the	56938
purchase of agricultural easements, may purchase agricultural	56939
easements in the name of the board.	56940

(2) Subject to division (F) of this section, the board of	56941
supervisors of a soil and water conservation district may acquire	56942
agricultural easements by gift, devise, or bequest. Any terms may	56943
be included in an agricultural easement so acquired that are	56944
necessary or appropriate to preserve on behalf of the grantor of	56945
the easement the favorable tax consequences of the gift, devise,	56946
or bequest under the "Internal Revenue Act of 1986," 100 Stat.	56947
2085, 26 U.S.C.A. 1, as amended.	56948

(D)(1) The term of an agricultural easement purchased wholly	56949
or in part with money from the agricultural easement purchase fund	56950
shall be perpetual and shall run with the land.	56951

(2) The term of an agricultural easement purchased by ~~such a~~	56952
the legislative authority of a municipal corporation, board of	56953
county commissioners of a county, board of township trustees of a	56954
township, or board of supervisors of a soil and water conservation	56955
district without the use of any money from the agricultural	56956
easement purchase fund may be perpetual or for a specified period.	56957
The agricultural easement shall run with the land. The instrument	56958
conveying an agricultural easement for a specified period shall	56959
include provisions specifying, at a minimum, all of the following:	56960

(a) The consideration to be paid for the easement and manner	56961
of payment;	56962

(b) Whether the easement is renewable and, if so, procedures	56963
for its renewal;	56964

(c) The circumstances under which the easement may be	56965
extinguished;	56966

(d) The method for determining the amount of money, if any,	56967
due the holder of the easement upon extinguishment and for payment	56968
of that amount to the holder.	56969

~~(D)~~(E)(1) The director and each legislative authority of a	56970
municipal corporation, board of county commissioners, or board of	56971
township trustees, or board of supervisors of a soil and water	56972
conservation district, upon acquiring an agricultural easement by	56973
purchase, gift, devise, or bequest under this section or section	56974
901.21 of the Revised Code, shall name an appropriate	56975
administrative officer, department, or division to supervise and	56976
enforce the easement. A legislative authority orof a municipal	56977
corporation, board of county commissioners, or board of township	56978
trustees may enter into a contract with the board of park	56979
commissioners of a park district established under Chapter 1545.	56980
of the Revised Code, the board of park commissioners of a township	56981
park district established under section 511.18 of the Revised	56982
Code, or the board of supervisors of a soil and water conservation	56983
district ~~established under Chapter 1515. of the Revised Code~~	56984
having territorial jurisdiction within the municipal corporation,	56985
county, or township, or with a charitable organization described	56986
in division (B) of section 5301.69 of the Revised Code, to	56987
supervise on behalf of the legislative authority or board an	56988
agricultural easement so acquired. A board of supervisors of a	56989
soil and water conservation district may enter into a contract	56990
with the board of park commissioners of a park district	56991
established under Chapter 1545. of the Revised Code or the board	56992
of park commissioners of a township park district established	56993
under section 511.18 of the Revised Code having territorial	56994
jurisdiction within the soil and water conservation district, or	56995
with a charitable organization described in division (B) of	56996
section 5301.69 of the Revised Code, to supervise on behalf of the	56997
board an agricultural easement so acquired. The contract may be	56998
entered into on such terms as are agreeable to the parties and	56999
shall specify or prescribe a method for determining the amounts of	57000
any payments to be made by the legislative authority or, board of	57001
county commissioners or, board of township trustees, or board of	57002
supervisors for the performance of the contract.	57003

(2) With respect to an agricultural easement purchased with a	57004
matching grant that is made under division (D) of section 901.22	57005
of the Revised Code and that consists in whole or in part of	57006
moneys from the clean Ohio agricultural easement fund created in	57007
section 901.21 of the Revised Code, the recipient of the matching	57008
grant shall make an annual monitoring visit to the land that is	57009
the subject of the easement. The purpose of the visit is to ensure	57010
that no development that is prohibited by the terms of the	57011
easement has occurred or is occurring. In accordance with rules	57012
adopted under division (A)(1)(d) of section 901.22 of the Revised	57013
Code, the grant recipient shall prepare a written annual	57014
monitoring report and submit it to the office of farmland	57015
preservation in the department of agriculture. If necessary to	57016
enforce the terms of the easement, the grant recipient shall take	57017
corrective action in accordance with those rules. The director may	57018
agree to share these monitoring and enforcement responsibilities	57019
with the grant recipient.	57020

~~(E)~~(F) The director; a municipal corporation, county, or	57021
township, or soil and water conservation district; or a charitable	57022
organization ~~described in division (B) of section 5301.69 of the~~	57023
~~Revised Code,~~ may acquire agricultural easements by purchase,	57024
gift, devise, or bequest only on land that is valued for purposes	57025
of real property taxation at its current value for agricultural	57026
use under section 5713.31 of the Revised Code or that constitutes	57027
a homestead when the easement is granted.	57028

~~(F)~~(G) An agricultural easement acquired by the director	57029
under division (A) of this section may be extinguished if an	57030
unexpected change in the conditions of or surrounding the land	57031
that is subject to the easement makes impossible or impractical	57032
the continued use of the land for the purposes described in the	57033
agricultural easement, or if the requirements of the easement are	57034
extinguished by judicial proceedings. Upon the sale, exchange, or	57035
involuntary conversion of the land subject to the easement, the	57036
director shall be paid an amount of money that is at least equal	57037
to the proportionate value of the easement compared to the total	57038
value of the land at the time the easement was acquired. Moneys so	57039
received shall be credited to the agricultural easement purchase	57040
fund.	57041

An agricultural easement acquired by a municipal corporation,	57042
county, or township under division (B) of this section or by a	57043
soil and water conservation district under division (C) of this	57044
section may be extinguished under the circumstances prescribed,	57045
and in accordance with the terms and conditions set forth, in the	57046
instrument conveying the agricultural easement. An agricultural	57047
easement acquired by a charitable organization described in	57048
division (B) of section 5301.69 of the Revised Code may be	57049
extinguished under the circumstances prescribed, and in accordance	57050
with the terms and conditions set forth, in the instrument	57051
conveying the agricultural easement.	57052

Any instrument extinguishing an agricultural easement shall	57053
be executed and recorded in the same manner as other instruments	57054
conveying or terminating interests in real property.	57055

~~(G)~~(H) Promptly after the recording and indexing of an	57056
instrument conveying an agricultural easement to any person or to	57057
a municipal corporation, county, or township, or soil and water	57058
conservation district or of an instrument extinguishing an	57059
agricultural easement held by any person or such a political	57060
subdivision, the county recorder shall mail, by regular mail, a	57061
photocopy of the instrument to the office of farmland preservation	57062
in the department of agriculture. The photocopy shall be	57063
accompanied by an invoice for the applicable fee established in	57064
section 317.32 of the Revised Code. Promptly after receiving the	57065
photocopy and invoice, the office of farmland preservation shall	57066
remit the fee to the county recorder.	57067

~~(H)~~(I) The director, the legislative authority of a municipal	57068
corporation, a board of county commissioners, or a board of	57069
township trustees, or a board of supervisors of a soil and water	57070
conservation district may receive and expend grants from any	57071
public or private source for the purpose of purchasing	57072
agricultural easements and supervising and enforcing them.	57073

Sec. 5310.15. On filing an application for registration, the	57074
applicant shall pay to the clerk of the probate court or the clerk	57075
of the court of common pleas ten dollars, which is full payment	57076
for all clerk's fees and charges in such proceeding on behalf of	57077
the applicant. Any defendant, except a guardian ad litem, on	57078
entering ~~his~~an appearance by filing a pleading of any kind, shall	57079
pay to the clerk five dollars, which is full payment for all	57080
clerk's fees on behalf of such defendant. When any number of	57081
defendants enter their appearance at the same time in one pleading	57082
by filing a pleading of any kind, one fee shall be paid.	57083

Every required publication in a newspaper shall be paid for	57084
by the party on whose application the order of publication is	57085
made, in addition to the fees prescribed in the first paragraph of	57086
this section. The party at whose request, or on whose behalf, any	57087
notice is issued, shall pay for the service of such notice except	57088
when such notice is sent by mail by the clerk or the county	57089
recorder.	57090

Examiners of titles shall receive for examining title or	57091
original reference, and making report on all matters arising under	57092
the application, including final certificate as to all necessary	57093
parties being made and properly brought before the probate court	57094
or the court of common pleas, and as to the proceedings being	57095
regular and legal, one half of one per cent of the appraised tax	57096
value, the fee in no case to be less than seventy-five or more	57097
than two hundred fifty dollars, for each separate and distinct	57098
parcel of land included in the application although made up of	57099
more than one tract.	57100

Upon a reference to an examiner of titles or to any other	57101
person upon a hearing to take evidence and make report to the	57102
court, the fee of the referee shall be fixed by the court at not	57103
more than fifteen dollars per day for the time actually employed.	57104

For a certificate of an examiner of titles that all necessary	57105
parties are before the court, and the proceedings are regular and	57106
legal in a suit for partition, foreclosure of mortgage,	57107
marshalling of liens, or other suit or proceeding affecting the	57108
title of any interest in, or lien or charge upon registered lands,	57109
the fees shall be fixed by the court, and shall not be more than	57110
twenty-five dollars for each separate and distinct parcel of land	57111
included in the petition or application although such parcel is	57112
made up of more than one tract.	57113

Guardians for the suit in original registration shall receive	57114
three dollars when there is no contest in which the guardian	57115
participates. In other cases such guardians shall receive such	57116
fees as the court fixes, but not more than twenty-five dollars.	57117

For certifying pending suits, judgments, liens, attachments,	57118
executions, or levies, the officers certifying them to the	57119
recorder shall receive a fee of twenty-five cents to be paid by	57120
the party interested and taxed in the costs of the case.	57121

For serving summons, notice, or other paper provided for in	57122
sections 5309.02 to 5310.21 of the Revised Code, the sheriff or	57123
other officer shall receive the same fees as in other similar	57124
cases.	57125

The recorder shall receive the following fees, to include	57126
base fees for services and housing trust fund fees pursuant to	57127
section 317.36 of the Revised Code:	57128

(A) For original registration of title, issuing duplicate	57129
certificate, entering memorials and memorandums, as directed by	57130
the decree, and indexing it, a base fee of thirty dollars and a	57131
housing trust fund fee of thirty dollars;	57132

(B) For examining and registering each transfer of registered	57133
land, including the filing of all papers therewith, entering	57134
memorials, issuing new duplicate certificate of title and indexing	57135
it, a base fee of thirty dollars and a housing trust fund fee of	57136
thirty dollars for the first distinct body or parcel of land	57137
contained in such certificate, and a base fee of two dollars and a	57138
housing trust fund fee of two dollars for each additional distinct	57139
body or parcel of land contained in such certificate;	57140

(C) For filing, examining, and entering a memorial of each	57141
mortgage or lease, upon registered land, and indexing it, for each	57142
separately registered parcel, a base fee of ten dollars and a	57143
housing trust fund fee of ten dollars;	57144

(D) For filing, examining, and entering a memorial of each	57145
lien, charge, or demand upon registered land, and indexing it, for	57146
each separately registered parcel of land, a base fee of five	57147
dollars and a housing trust fund fee of five dollars;	57148

(E) For cancellation of any memorial or memorandum, a base	57149
fee of five dollars and a housing trust fund fee of five dollars;	57150
for entry of change of address, or notice of dower, for each	57151
separately registered parcel, a base fee of five dollars and a	57152
housing trust fund fee of five dollars;	57153

(F) For each certified copy of a registered certificate, or	57154
issuing a mortgagee's duplicate certificate, or issuing a new	57155
owner's duplicate certificate to replace one which has been lost	57156
or destroyed, a base fee of fifteen dollars and a housing trust	57157
fund fee of fifteen dollars;	57158

(G) For filing, examining, and entering a memorial of each	57159
release, assignment, or waiver of priority of a mortgage, lease,	57160
lien, charge, or demand upon registered land and indexing it, for	57161
each separately registered parcel, a base fee of five dollars and	57162
a housing trust fund fee of five dollars;	57163

(H) For filing, examining, and entering a memorial of each	57164
official certificate of pending suit, judgment, lien, attachment,	57165
execution, or levy, upon registered land and indexing it, for each	57166
separately registered parcel, a base fee of five dollars and a	57167
housing trust fund fee of five dollars;	57168

(I) For continuing an owner's duplicate certificate, or	57169
mortgagee's duplicate certificate and entering and certifying	57170
memorials and notations thereon, a base fee of five dollars and a	57171
housing trust fund fee of five dollars;	57172

(J) For certificate as to taxes and special assessments, for	57173
each separately registered parcel, a base fee of ten dollars and a	57174
housing trust fund fee of ten dollars;	57175

(K) For filing, recording, and indexing any papers or	57176
instruments other than those provided in this section, any	57177
certified copy of record, or of any instrument on file in ~~his~~the	57178
recorder's office, the same fees allowed by law for like services;	57179

(L) For issuing subpoenas and notices and swearing witnesses,	57180
the same fees allowed the clerk for like services.	57181

Costs as provided in this section may be taxed and by the	57182
court ordered to be paid by the parties in such manner as is just.	57183

Sec. 5502.01. (A) The department of public safety shall	57184
administer and enforce the laws relating to the registration,	57185
licensing, sale, and operation of motor vehicles and the laws	57186
pertaining to the licensing of drivers of motor vehicles.	57187

The department shall compile, analyze, and publish statistics	57188
relative to motor vehicle accidents and the causes of them,	57189
prepare and conduct educational programs for the purpose of	57190
promoting safety in the operation of motor vehicles on the	57191
highways, and conduct research and studies for the purpose of	57192
promoting safety on the highways of this state.	57193

(B) The department shall administer the laws and rules	57194
relative to trauma and emergency medical services specified in	57195
Chapter 4765. of the Revised Code.	57196

(C) The department shall administer and enforce the laws	57197
contained in Chapters 4301. and 4303. of the Revised Code and	57198
enforce the rules and orders of the liquor control commission	57199
pertaining to retail liquor permit holders.	57200

(D) The department shall administer the laws governing the	57201
state emergency management agency and shall enforce all additional	57202
duties and responsibilities as prescribed in the Revised Code	57203
related to emergency management services.	57204

(E) The department shall conduct investigations pursuant to	57205
Chapter 5101. of the Revised Code in support of the duty of the	57206
department of job and family services to administer food stamp	57207
programs throughout this state. The department of public safety	57208
shall conduct investigations necessary to protect the state's	57209
property rights and interests in the food stamp program.	57210

(F) The department of public safety shall enforce compliance	57211
with orders and rules of the public utilities commission and	57212
applicable laws in accordance with Chapters 4919., 4921., and	57213
4923. of the Revised Code regarding commercial motor vehicle	57214
transportation safety, economic, and hazardous materials	57215
requirements.	57216

(G) Notwithstanding Chapter 4117. of the Revised Code, the	57217
department of public safety may establish requirements for its	57218
enforcement personnel, including its enforcement agents described	57219
in section 5502.14 of the Revised Code, that include standards of	57220
conduct, work rules and procedures, and criteria for eligibility	57221
as law enforcement personnel.	57222

(H) The department shall administer, maintain, and operate	57223
the Ohio criminal justice network. The Ohio criminal justice	57224
network shall be a computer network that supports state and local	57225
criminal justice activities. The network shall be an electronic	57226
repository for various data, which may include arrest warrants,	57227
notices of persons wanted by law enforcement agencies, criminal	57228
records, prison inmate records, stolen vehicle records, vehicle	57229
operator's licenses, and vehicle registrations and titles.	57230

(I) The department shall coordinate all homeland security	57231
activities of all state agencies and shall be a liaison between	57232
state agencies and local entities for those activities and related	57233
purposes.	57234

Sec. 5502.03. (A) There is hereby created in the department	57235
of public safety a division of homeland security. It is the intent	57236
of the general assembly that the creation of the division of	57237
homeland security of the department of public safety by this	57238
amendment does not result in an increase of funding appropriated	57239
to the department.	57240

(B)(1) The division shall coordinate all homeland security	57241
activities of all state agencies and shall be the liaison between	57242
state agencies and local entities for the purposes of	57243
communicating homeland security funding and policy initiatives.	57244

(2) The division shall be in charge of the systems operations	57245
of the multi-agency radio communications system (MARCS) in	57246
accordance with any rules that the director of public safety may	57247
adopt. The director shall appoint a steering committee to advise	57248
the director in the operation of the MARCS, comprised of persons	57249
who represent the users of that system. The director or the	57250
director's designee shall chair the committee.	57251

(C) The director of public safety shall appoint an executive	57252
director, who shall be head of the division of homeland security	57253
and who regularly shall advise the governor and the director on	57254
matters pertaining to homeland security. The executive director	57255
shall serve at the pleasure of the director of public safety. To	57256
carry out the duties assigned under this section, the executive	57257
director may appoint and maintain necessary staff and may enter	57258
into any necessary agreements.	57259

(D) Except as otherwise provided by law, nothing in this	57260
section shall be construed to give the director of public safety	57261
or the executive director of the division of homeland security	57262
authority over the incident management structure or	57263
responsibilities of local emergency response personnel.	57264

Sec. 5502.13. The department of public safety shall maintain	57265
an investigative unit in order to conduct investigations and other	57266
enforcement activity authorized by Chapters 4301., 4303., 5101.,	57267
5107., ~~and~~ 5108., and 5115. and sections 2903.12, 2903.13,	57268
2903.14, 2907.09, 2913.46, 2917.11, 2921.13, 2921.31, 2921.32,	57269
2921.33, 2923.12, 2923.121, 2925.11, 2925.13, 2927.02, and	57270
4507.30~~, and 5115.03~~ of the Revised Code. The director of public	57271
safety shall appoint the employees of the unit who are necessary,	57272
designate the activities to be performed by those employees, and	57273
prescribe their titles and duties.	57274

Sec. 5549.21. The board of township trustees may purchase or	57275
lease such machinery and tools as are necessary for use in	57276
constructing, reconstructing, maintaining, and repairing roads and	57277
culverts within the township, and shall provide suitable places	57278
for housing and storing machinery and tools owned by the township.	57279
It may purchase such material and employ such labor as is	57280
necessary for carrying into effect this section, or it may	57281
authorize the purchase or employment of such material and labor by	57282
one of its number, or by the township highway superintendent, at a	57283
price to be fixed by the board. All payments on account of	57284
machinery, tools, material, and labor shall be made from the	57285
township road fund. Except as otherwise provided in sections	57286
505.08, 505.101, and 5513.01 of the Revised Code, all purchases of	57287
materials, machinery, and tools shall, ~~where~~if the amount	57288
involved exceeds ~~fifteen~~twenty-five thousand dollars, be made	57289
from the lowest responsible bidder after advertisement, as	57290
provided in section 5575.01 of the Revised Code. ~~Where~~	57291

If, in compliance with section 505.10 of the Revised Code,	57292
the board wishes to sell machinery, equipment, or tools owned by	57293
the township to the person from whom it is to purchase other	57294
machinery, equipment, or tools, the board may offer, ~~where~~if the	57295
amount of the purchase alone involved does not exceed ~~fifteen~~	57296
twenty-five thousand dollars, to sell such machinery, equipment,	57297
or tools and have the amount credited by the vendor against the	57298
purchase of the other machinery, equipment, or tools. ~~Where~~If the	57299
purchase price of the other machinery, equipment, or tools alone	57300
exceeds ~~fifteen~~twenty-five thousand dollars, the board may give	57301
notice to the competitive bidders of its willingness to accept	57302
offers for the purchase of the old machinery, equipment, or tools,	57303
and ~~such~~those offers shall be subtracted from the selling price	57304
of the other machinery, equipment, or tools as bid, in determining	57305
the lowest responsible bidder. Notice of the willingness of the	57306
board to accept offers for the purchase of the old machinery,	57307
equipment, or tools shall be made as a part of the advertisement	57308
for bids.	57309

Sec. 5703.052. (A) There is hereby created in the state	57310
treasury the tax refund fund, from which refunds shall be paid for	57311
taxes illegally or erroneously assessed or collected, or for any	57312
other reason overpaid, that are levied by Chapter 4301., 4305.,	57313
5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748.,	57314
5749., or 5753., and sections 3737.71, 3905.35, 3905.36, 4303.33,	57315
5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811 of the	57316
Revised Code. Refunds for fees illegally or erroneously assessed	57317
or collected, or for any other reason overpaid, that are levied by	57318
sections 3734.90 to 3734.9014 of the Revised Code also shall be	57319
paid from the fund. However, refunds for taxes levied under	57320
section 5739.101 of the Revised Code shall not be paid from the	57321
tax refund fund, but shall be paid as provided in section 5739.104	57322
of the Revised Code.	57323

(B)(1) Upon certification by the tax commissioner to the	57324
treasurer of state of a tax refund,or fee refund, ~~or tax credit~~	57325
~~due,~~ or by the superintendent of insurance of a domestic or	57326
foreign insurance tax refund, the treasurer of state ~~may~~shall	57327
place the amount certified to the credit of the fund. The	57328
certified amount transferred shall be derived from current	57329
receipts of the same tax or the fee ~~for~~from which the refund	57330
arose ~~or, in the case of a tax credit refund, from the current~~	57331
~~receipts of the taxes levied by sections 5739.02 and 5741.02 of~~	57332
~~the Revised Code~~. If	57333

~~If the tax refund arises from a tax payable to the general~~	57334
~~revenue fund, and~~ current receipts from ~~that source~~the tax or fee	57335
from which the refund arose are inadequate to make the transfer of	57336
the amount so certified, the treasurer of state ~~may~~shall transfer	57337
such certified amount from current receipts of the sales tax	57338
levied by section 5739.02 of the Revised Code.	57339

(2) When the treasurer of state provides for the payment of a	57340
refund of a tax or fee from the current receipts of the sales tax,	57341
and the refund is for a tax or fee that is not levied by the	57342
state, the tax commissioner shall recover the amount of that	57343
refund from the next distribution of that tax or fee that	57344
otherwise would be made to the taxing jurisdiction. If the amount	57345
to be recovered would exceed twenty-five per cent of the next	57346
distribution of that tax or fee, the commissioner may spread the	57347
recovery over more than one future distribution, taking into	57348
account the amount to be recovered and the amount of the	57349
anticipated future distributions. In no event may the commissioner	57350
spread the recovery over a period to exceed twenty-four months.	57351

Sec. 5703.56. (A) As used in this section:

57352

(1) "Sham transaction" means a transaction or series of	57353
transactions without economic substance because there is no	57354
business purpose or expectation of profit other than obtaining tax	57355
benefits.	57356

(2) "Tax" includes any tax or fee administered by the tax	57357
commissioner.	57358

(3) "Taxpayer" includes any entity subject to a tax.

57359

(4) "Controlled group" means two or more persons related in	57360
such a way that one person directly or indirectly owns or controls	57361
the business operation of another member of the group. In the case	57362
of persons with stock or other equity, one person owns or controls	57363
another if it directly or indirectly owns more than fifty per cent	57364
of the other person's common stock with voting rights or other	57365
equity with voting rights.	57366

(B) The tax commissioner may disregard any sham transaction	57367
in ascertaining any taxpayer's tax liability. Except as otherwise	57368
provided in the Revised Code, with respect to transactions between	57369
members of a controlled group, the taxpayer shall bear the burden	57370
of establishing by a preponderance of the evidence that a	57371
transaction or series of transactions between the taxpayer and one	57372
or more members of the controlled group was not a sham	57373
transaction. Except as otherwise provided in the Revised Code, for	57374
all other taxpayers, the tax commissioner shall bear the burden of	57375
establishing by a preponderance of the evidence that a transaction	57376
or series of transactions was a sham transaction.	57377

(C) In administering any tax, the tax commissioner may apply	57378
the doctrines of "economic reality," "substance over form," and	57379
"step transaction."	57380

(D) If the commissioner disregards a sham transaction under	57381
division (B) of this section, the applicable limitation period for	57382
assessing the tax, together with applicable penalties, charges,	57383
and interest, shall be extended for a period equal to the	57384
applicable limitation period. Nothing in this division shall be	57385
construed as extending an applicable limitation period for	57386
claiming any refund of a tax.	57387

(E) The tax commissioner may, in accordance with Chapter 119.	57388
of the Revised Code, adopt rules that are necessary to administer	57389
this section, including rules establishing criteria for	57390
identifying sham transactions.	57391

Sec. 5703.58. (A) As used in this section, "felony" has the	57392
same meaning as in section 109.511 of the Revised Code.	57393

(B) For the purposes of enforcing all laws relating to taxes	57394
and fees that the tax commissioner is responsible for	57395
administering, the tax commissioner, by journal entry, may	57396
delegate any investigation powers of the commissioner to an	57397
employee of the department of taxation who has been certified by	57398
the executive director of the Ohio peace officer training	57399
commission. Each journal entry shall be a matter of public record	57400
and shall be kept in an administrative portion of the journal	57401
maintained under division (L) of section 5703.05 of the Revised	57402
Code. When that journal entry is completed, the employee to whom	57403
it pertains, while engaged within the scope of the employee's	57404
duties in enforcing the laws that the commissioner is responsible	57405
for administering, has the power of a police officer to carry	57406
concealed weapons, make arrests, and obtain warrants for	57407
violations of those laws. The commissioner, at any time, may	57408
suspend or revoke the commissioner's delegation by journal entry.	57409

(C) The tax commissioner shall not delegate any investigation	57410
powers to an employee of the department of taxation under division	57411
(B) of this section if the employee has been convicted of or has	57412
pleaded guilty to a felony.	57413

(D)(1) The tax commissioner shall revoke the delegation of	57414
investigation powers to an employee to whom the delegation was	57415
made under division (B) of this section if that employee does	57416
either of the following:	57417

(a) Pleads guilty to a felony;

57418

(b) Pleads guilty to a misdemeanor pursuant to a negotiated	57419
plea agreement, as provided in division (D) of section 2929.29 of	57420
the Revised Code, in which the employee agrees under section	57421
109.77 of the Revised Code to surrender the certificate awarded to	57422
that employee.	57423

(2) The tax commissioner shall suspend the delegation of	57424
investigation powers to an employee to whom the delegation was	57425
made under division (B) of this section if that employee is	57426
convicted, after trial, of a felony. If the employee files an	57427
appeal from that conviction and the conviction is upheld by the	57428
highest court to which the appeal is taken, or if the employee	57429
does not file a timely appeal, the commissioner shall revoke the	57430
delegation of investigation powers to that employee. If the	57431
employee files an appeal that results in that employee's acquittal	57432
of the felony or conviction of a misdemeanor, or in the dismissal	57433
of the felony charge against that employee, the commissioner shall	57434
reinstate the delegation of investigation powers to that employee.	57435
The revocation, suspension, or reinstatement of the delegation of	57436
investigation powers to an employee under division (D) of this	57437
section shall be made by journal entry pursuant to division (B) of	57438
this section. An employee to whom the delegation of investigation	57439
powers is reinstated under division (D)(2) of this section shall	57440
not receive any back pay for the exercise of those investigation	57441
powers, unless that employee's conviction of the felony was	57442
reversed on appeal, or the felony charge was dismissed, because	57443
the court found insufficient evidence to convict the employee of	57444
the felony.	57445

(3) The revocation or suspension of the delegation of	57446
investigation powers to an employee under division (D) of this	57447
section shall be in accordance with Chapter 119. of the Revised	57448
Code.	57449

(E) Divisions (C) and (D) of this section do not apply to an	57450
offense that was committed prior to January 1, 1997.	57451

(F) Nothing in this section limits the tax commissioner's	57452
ability to have other employees of the department of taxation	57453
conduct investigations as authorized by sections 5703.17 and	57454
5703.19 of the Revised Code.	57455

(G) The department of taxation shall cooperate with the	57456
attorney general, local law enforcement officials, and appropriate	57457
agencies of the federal government and other states in the	57458
investigation and prosecution of violations of all laws relating	57459
to taxes and fees administered by the tax commissioner.	57460

Sec. 5703.80. There is hereby created in the state treasury	57461
the property tax administration fund. All money to the credit of	57462
the fund shall be used to defray the costs incurred by the	57463
department of taxation in administering the taxation of property	57464
and the equalization of real property valuation.	57465

Each fiscal year between the first and fifteenth days of	57466
July, the tax commissioner shall compute the following amounts for	57467
the property in each taxing district in each county, and certify	57468
to the director of budget and management the sum of those amounts	57469
for all taxing districts in all counties:	57470

(A) Three-tenths of one per cent of the total amount by which	57471
taxes charged against real property on the general tax list of	57472
real and public utility property were reduced under section	57473
319.302 of the Revised Code for the preceding tax year;	57474

(B) Fifteen-hundredths of one per cent of the total amount of	57475
taxes charged and payable against public utility personal property	57476
on the general tax list of real and public utility property for	57477
the preceding tax year;	57478

(C) Seventy-five hundredths of one per cent of the total	57479
amount of taxes charged and payable against tangible personal	57480
property on the general tax list of personal property of the	57481
preceding tax year and for which returns were filed with the tax	57482
commissioner under section 5711.13 of the Revised Code.	57483

After receiving the tax commissioner's certification, the	57484
director of budget and management shall transfer from the general	57485
revenue fund to the property tax administration fund one-fourth of	57486
the amount certified on or before each of the following days: the	57487
first days of August, November, February, and May.	57488

On or before the thirtieth day of June of the fiscal year,	57489
the tax commissioner shall certify to the director of budget and	57490
management the sum of the amounts by which the amounts computed	57491
for a taxing district under divisions (A), (B), and (C) of this	57492
section exceeded the distributions to the taxing district under	57493
division (F) of section 321.24 of the Revised Code, and the	57494
director shall transfer that sum from the property tax	57495
administration fund to the general revenue fund.	57496

Sec. 5705.39. The total appropriations from each fund shall	57497
not exceed the total of the estimated revenue available for	57498
expenditure therefrom, as certified by the budget commission, or	57499
in case of appeal, by the board of tax appeals. No appropriation	57500
measure shall become effective until the county auditor files with	57501
the appropriating authority ~~and in the case of a school district,~~	57502
~~also files with the superintendent of public instruction,~~ a	57503
certificate that the total appropriations from each fund, taken	57504
together with all other outstanding appropriations, do not exceed	57505
such official estimate or amended official estimate. When the	57506
appropriation does not exceed such official estimate, the county	57507
auditor shall give such certificate forthwith upon receiving from	57508
the appropriating authority a certified copy of the appropriation	57509
measure~~, a copy of which he shall deliver to the superintendent of~~	57510
~~public instruction in the case of a school district~~.	57511
Appropriations shall be made from each fund only for the purposes	57512
for which such fund is established.	57513

Sec. 5705.41. No subdivision or taxing unit shall:

57514

(A) Make any appropriation of money except as provided in	57515
Chapter 5705. of the Revised Code; provided, that the	57516
authorization of a bond issue shall be deemed to be an	57517
appropriation of the proceeds of the bond issue for the purpose	57518
for which such bonds were issued, but no expenditure shall be made	57519
from any bond fund until first authorized by the taxing authority;	57520

(B) Make any expenditure of money unless it has been	57521
appropriated as provided in such chapter;	57522

(C) Make any expenditure of money except by a proper warrant	57523
drawn against an appropriate fund;	57524

(D)(1) Except as otherwise provided in division (D)(2) of	57525
this section and section 5705.44 of the Revised Code, make any	57526
contract or give any order involving the expenditure of money	57527
unless there is attached thereto a certificate of the fiscal	57528
officer of the subdivision that the amount required to meet the	57529
obligation or, in the case of a continuing contract to be	57530
performed in whole or in part in an ensuing fiscal year, the	57531
amount required to meet the obligation in the fiscal year in which	57532
the contract is made, has been lawfully appropriated for such	57533
purpose and is in the treasury or in process of collection to the	57534
credit of an appropriate fund free from any previous encumbrances.	57535
This certificate need be signed only by the subdivision's fiscal	57536
officer. Every such contract made without such a certificate shall	57537
be void, and no warrant shall be issued in payment of any amount	57538
due thereon. If no certificate is furnished as required, upon	57539
receipt by the taxing authority of the subdivision or taxing unit	57540
of a certificate of the fiscal officer stating that there was at	57541
the time of the making of such contract or order and at the time	57542
of the execution of such certificate a sufficient sum appropriated	57543
for the purpose of such contract and in the treasury or in process	57544
of collection to the credit of an appropriate fund free from any	57545
previous encumbrances, such taxing authority may authorize the	57546
drawing of a warrant in payment of amounts due upon such contract,	57547
but such resolution or ordinance shall be passed within thirty	57548
days after the taxing authority receives such certificate;	57549
provided that, if the amount involved is less than one hundred	57550
dollars in the case of counties or three thousand dollars in the	57551
case of all other subdivisions or taxing units, the fiscal officer	57552
may authorize it to be paid without such affirmation of the taxing	57553
authority of the subdivision or taxing unit, if such expenditure	57554
is otherwise valid.	57555

(2) Annually, the board of county commissioners may adopt a	57556
resolution exempting for the current fiscal year county purchases	57557
of seven hundred fifty dollars or less from the requirement of	57558
division (D)(1) of this section that a certificate be attached to	57559
any contract or order involving the expenditure of money. The	57560
resolution shall state the dollar amount that is exempted from the	57561
certificate requirement and whether the exemption applies to all	57562
purchases, to one or more specific classes of purchases, or to the	57563
purchase of one or more specific items. Prior to the adoption of	57564
the resolution, the board shall give written notice to the county	57565
auditor that it intends to adopt the resolution. The notice shall	57566
state the dollar amount that is proposed to be exempted and	57567
whether the exemption would apply to all purchases, to one or more	57568
specific classes of purchases, or to the purchase of one or more	57569
specific items. The county auditor may review and comment on the	57570
proposal, and shall send any comments to the board within fifteen	57571
days after receiving the notice. The board shall wait at least	57572
fifteen days after giving the notice to the auditor before	57573
adopting the resolution. A person authorized to make a county	57574
purchase in a county that has adopted such a resolution shall	57575
prepare and file with the county auditor, within three business	57576
days after incurring an obligation not requiring a certificate, a	57577
written document specifying the purpose and amount of the	57578
expenditure, the date of the purchase, the name of the vendor, and	57579
such additional information as the auditor of state may prescribe.	57580

(3) Upon certification by the auditor or other chief fiscal	57581
officer that a certain sum of money, not in excess of ~~five~~	57582
~~thousand dollars~~an amount established by resolution or ordinance	57583
adopted by a majority of the members of the legislative authority	57584
of the subdivision or taxing unit, has been lawfully appropriated,	57585
authorized, or directed for a certain purpose and is in the	57586
treasury or in the process of collection to the credit of a	57587
specific line-item appropriation account in a certain fund free	57588
from previous and then outstanding obligations or certifications,	57589
then for such purpose and from such line-item appropriation	57590
account in such fund, over a period ~~not exceeding three months and~~	57591
not extending beyond the end of the fiscal year, expenditures may	57592
be made, orders for payment issued, and contracts or obligations	57593
calling for or requiring the payment of money made and assumed;	57594
provided, that the aggregate sum of money included in and called	57595
for by such expenditures, orders, contracts, and obligations shall	57596
not exceed the sum so certified. Such a certification need be	57597
signed only by the fiscal officer of the subdivision or the taxing	57598
district and may, but need not, be limited to a specific vendor.	57599
An itemized statement of obligations incurred and expenditures	57600
made under such certificate shall be rendered to the auditor or	57601
other chief fiscal officer before another such certificate may be	57602
issued, and not more than one such certificate shall be	57603
outstanding at a time.	57604

In addition to providing the certification for expenditures	57605
~~of five thousand dollars or less~~ as ~~provided~~specified in this	57606
division, a subdivision also may make expenditures, issue orders	57607
for payment, and make contracts or obligations calling for or	57608
requiring the payment of money made and assumed for specified	57609
permitted purposes from a specific line-item appropriation account	57610
in a specified fund for a sum of money upon the certification by	57611
the fiscal officer of the subdivision that this sum of money has	57612
been lawfully appropriated, authorized, or directed for a	57613
permitted purpose and is in the treasury or in the process of	57614
collection to the credit of the specific line-item appropriation	57615
account in the specified fund free from previous and	57616
then-outstanding obligations or certifications; provided that the	57617
aggregate sum of money included in and called for by the	57618
expenditures, orders, and obligations shall not exceed the	57619
certified sum. The purposes for which a subdivision may lawfully	57620
appropriate, authorize, or issue such a certificate are the	57621
services of an accountant, architect, attorney at law, physician,	57622
professional engineer, construction project manager, consultant,	57623
surveyor, or appraiser by or on behalf of the subdivision or	57624
contracting authority; fuel oil, gasoline, food items, roadway	57625
materials, and utilities; and any purchases exempt from	57626
competitive bidding under section 125.04 of the Revised Code and	57627
any other specific expenditure that is a recurring and reasonably	57628
predictable operating expense. Such a certification shall not	57629
extend beyond the end of the fiscal year or, in the case of a	57630
board of county commissioners that has established a quarterly	57631
spending plan under section 5705.392 of the Revised Code, beyond	57632
the quarter to which the plan applies. Such a certificate shall be	57633
signed by the fiscal officer and may, but need not, be limited to	57634
a specific vendor. An itemized statement of obligations incurred	57635
and expenditures made under such a certificate shall be rendered	57636
to the fiscal officer for each certificate issued. More than one	57637
such certificate may be outstanding at any time.	57638

In any case in which a contract is entered into upon a per	57639
unit basis, the head of the department, board, or commission for	57640
the benefit of which the contract is made shall make an estimate	57641
of the total amount to become due upon such contract, which	57642
estimate shall be certified in writing to the fiscal officer of	57643
the subdivision. Such a contract may be entered into if the	57644
appropriation covers such estimate, or so much thereof as may be	57645
due during the current year. In such a case the certificate of the	57646
fiscal officer based upon the estimate shall be a sufficient	57647
compliance with the law requiring a certificate.	57648

Any certificate of the fiscal officer attached to a contract	57649
shall be binding upon the political subdivision as to the facts	57650
set forth therein. Upon request of any person receiving an order	57651
or entering into a contract with any political subdivision, the	57652
certificate of the fiscal officer shall be attached to such order	57653
or contract. "Contract" as used in this section excludes current	57654
payrolls of regular employees and officers.	57655

Taxes and other revenue in process of collection, or the	57656
proceeds to be derived from authorized bonds, notes, or	57657
certificates of indebtedness sold and in process of delivery,	57658
shall for the purpose of this section be deemed in the treasury or	57659
in process of collection and in the appropriate fund. This section	57660
applies neither to the investment of sinking funds by the trustees	57661
of such funds, nor to investments made under sections 731.56 to	57662
731.59 of the Revised Code.	57663

No district authority shall, in transacting its own affairs,	57664
do any of the things prohibited to a subdivision by this section,	57665
but the appropriation referred to shall become the appropriation	57666
by the district authority, and the fiscal officer referred to	57667
shall mean the fiscal officer of the district authority.	57668

Sec. 5705.412. (A) As used in this section, "qualifying	57669
contract" means any agreement for the expenditure of money under	57670
which aggregate payments from the funds included in the school	57671
district's five-year forecast under section 5705.391 of the	57672
Revised Code will exceed the lesser of the following amounts:	57673

(1) Five hundred thousand dollars;

57674

(2) One per cent of the total revenue to be credited in the	57675
current fiscal year to the district's general fund, as specified	57676
in the district's most recent certificate of estimated resources	57677
certified under section 5705.36 of the Revised Code.	57678

(B) Notwithstanding section 5705.41 of the Revised Code, no	57679
school district shall adopt any appropriation measure, make any	57680
qualifying contract, or increase during any school year any wage	57681
or salary schedule unless there is attached thereto a certificate,	57682
signed as required by this section, that the school district has	57683
in effect the authorization to levy taxes including the renewal or	57684
replacement of existing levies which, when combined with the	57685
estimated revenue from all other sources available to the district	57686
at the time of certification, are sufficient to provide the	57687
operating revenues necessary to enable the district to maintain	57688
all personnel and programs for all the days set forth in its	57689
adopted school calendars for the current fiscal year and for a	57690
number of days in succeeding fiscal years equal to the number of	57691
days instruction was held or is scheduled for the current fiscal	57692
year, as follows:	57693

(1) A certificate attached to an appropriation measure under	57694
this section shall cover only the fiscal year in which the	57695
appropriation measure is effective and shall not consider the	57696
renewal or replacement of an existing levy as the authority to	57697
levy taxes that are subject to appropriation in the current fiscal	57698
year unless the renewal or replacement levy has been approved by	57699
the electors and is subject to appropriation in the current fiscal	57700
year.	57701

(2) A certificate attached, in accordance with this section,	57702
to any qualifying contract shall cover the term of the contract.	57703

(3) A certificate attached under this section to a wage or	57704
salary schedule shall cover the term of the schedule.	57705

If the board of education has not adopted a school calendar	57706
for the school year beginning on the first day of the fiscal year	57707
in which a certificate is required, the certificate attached to an	57708
appropriation measure shall include the number of days on which	57709
instruction was held in the preceding fiscal year and other	57710
certificates required under this section shall include that number	57711
of days for the fiscal year in which the certificate is required	57712
and any succeeding fiscal years that the certificate must cover.	57713

The certificate shall be signed by the treasurer and	57714
president of the board of education and the superintendent of the	57715
school district, unless the district is in a state of fiscal	57716
emergency declared under Chapter 3316. of the Revised Code. In	57717
that case, the certificate shall be signed by a member of the	57718
district's financial planning and supervision commission who is	57719
designated by the commission for this purpose.	57720

(C) Every qualifying contract made or wage or salary schedule	57721
adopted or put into effect without such a certificate shall be	57722
void, and no payment of any amount due thereon shall be made.	57723

(D) The department of education and the auditor of state	57724
jointly shall adopt rules governing the methods by which	57725
treasurers, presidents of boards of education, superintendents,	57726
and members of financial planning and supervision commissions	57727
shall estimate revenue and determine whether such revenue is	57728
sufficient to provide necessary operating revenue for the purpose	57729
of making certifications required by this section.	57730

(E) The auditor of state shall be responsible for determining	57731
whether school districts are in compliance with this section. At	57732
the time a school district is audited pursuant to section 117.11	57733
of the Revised Code, the auditor of state shall review each	57734
certificate issued under this section since the district's last	57735
audit, and the appropriation measure, contract, or wage and salary	57736
schedule to which such certificate was attached. If the auditor of	57737
state determines that a school district has not complied with this	57738
section with respect to any qualifying contract or wage or salary	57739
schedule, the auditor of state shall notify the prosecuting	57740
attorney for the county, the city director of law, or other chief	57741
law officer of the school district. That officer may file a civil	57742
action in any court of appropriate jurisdiction to seek a	57743
declaration that the contract or wage or salary schedule is void,	57744
to recover for the school district from the payee the amount of	57745
payments already made under it, or both, except that the officer	57746
shall not seek to recover payments made under any collective	57747
bargaining agreement entered into under Chapter 4117. of the	57748
Revised Code. If the officer does not file such an action within	57749
one hundred twenty days after receiving notice of noncompliance	57750
from the auditor of state, any taxpayer may institute the action	57751
in the taxpayer's own name on behalf of the school district.	57752

(F) This section does not apply to any contract or increase	57753
in any wage or salary schedule that is necessary in order to	57754
enable a board of education to comply with division (B) of section	57755
3317.13 of the Revised Code, provided the contract or increase	57756
does not exceed the amount required to be paid to be in compliance	57757
with such division.	57758

(G) Any officer, employee, or other person who expends or	57759
authorizes the expenditure of any public funds or authorizes or	57760
executes any contract or schedule contrary to this section,	57761
expends or authorizes the expenditure of any public funds on the	57762
void contract or schedule, or issues a certificate under this	57763
section which contains any false statements is liable to the	57764
school district for the full amount paid from the district's funds	57765
on the contract or schedule. The officer, employee, or other	57766
person is jointly and severally liable in person and upon any	57767
official bond that the officer, employee, or other person has	57768
given to the school district to the extent of any payments on the	57769
void claim, not to exceed ten thousand dollars. However, no	57770
officer, employee, or other person shall be liable for a mistaken	57771
estimate of available resources made in good faith and based upon	57772
reasonable grounds. If an officer, employee, or other person is	57773
found to have complied with rules jointly adopted by the	57774
department of education and the auditor of state under this	57775
section governing methods by which revenue shall be estimated and	57776
determined sufficient to provide necessary operating revenue for	57777
the purpose of making certifications required by this section, the	57778
officer, employee, or other person shall not be liable under this	57779
section if the estimates and determinations made according to	57780
those rules do not, in fact, conform with actual revenue. The	57781
prosecuting attorney of the county, the city director of law, or	57782
other chief law officer of the district shall enforce this	57783
liability by civil action brought in any court of appropriate	57784
jurisdiction in the name of and on behalf of the school district.	57785
If the prosecuting attorney, city director of law, or other chief	57786
law officer of the district fails, upon the written request of any	57787
taxpayer, to institute action for the enforcement of the	57788
liability, the attorney general, or the taxpayer in the taxpayer's	57789
own name, may institute the action on behalf of the subdivision.	57790

(H) This section does not require the attachment of an	57791
additional certificate beyond that required by section 5705.41 of	57792
the Revised Code for current payrolls of, or contracts of	57793
employment with, ~~regular~~any employees or officers of the school	57794
district.	57795

This section does not require the attachment of a certificate	57796
to a temporary appropriation measure if all of the following	57797
apply:	57798

(1) The amount appropriated does not exceed twenty-five per	57799
cent of the total amount from all sources available for	57800
expenditure from any fund during the preceding fiscal year;	57801

(2) The measure will not be in effect on or after the	57802
thirtieth day following the earliest date on which the district	57803
may pass an annual appropriation measure;	57804

(3) An amended official certificate of estimated resources	57805
for the current year, if required, has not been certified to the	57806
board of education under division (B) of section 5705.36 of the	57807
Revised Code.	57808

Sec. 5709.61. As used in sections 5709.61 to 5709.69 of the	57809
Revised Code:	57810

(A) "Enterprise zone" or "zone" means any of the following:

57811

(1) An area with a single continuous boundary designated in	57812
the manner set forth in section 5709.62 or 5709.63 of the Revised	57813
Code and certified by the director of development as having a	57814
population of at least four thousand according to the best and	57815
most recent data available to the director and having at least two	57816
of the following characteristics:	57817

(a) It is located in a municipal corporation defined by the	57818
United States office of management and budget as a central city of	57819
a metropolitan statistical area or in a city designated as an	57820
urban cluster in a rural statistical area;	57821

(b) It is located in a county designated as being in the	57822
"Appalachian region" under the "Appalachian Regional Development	57823
Act of 1965," 79 Stat. 5, 40 App. U.S.C.A. 403, as amended;	57824

(c) Its average rate of unemployment, during the most recent	57825
twelve-month period for which data are available, is equal to at	57826
least one hundred twenty-five per cent of the average rate of	57827
unemployment for the state of Ohio for the same period;	57828

(d) There is a prevalence of commercial or industrial	57829
structures in the area that are vacant or demolished, or are	57830
vacant and the taxes charged thereon are delinquent, and	57831
certification of the area as an enterprise zone would likely	57832
result in the reduction of the rate of vacant or demolished	57833
structures or the rate of tax delinquency in the area;	57834

(e) The population of all census tracts in the area,	57835
according to the federal census of 1990, decreased by at least ten	57836
per cent between the years 1970 and 1990;	57837

(f) At least fifty-one per cent of the residents of the area	57838
have incomes of less than eighty per cent of the median income of	57839
residents of the municipal corporation or municipal corporations	57840
in which the area is located, as determined in the same manner	57841
specified under section 119(b) of the "Housing and Community	57842
Development Act of 1974," 88 Stat. 633, 42 U.S.C. 5318, as	57843
amended;	57844

(g) The area contains structures previously used for	57845
industrial purposes, but currently not so used due to age,	57846
obsolescence, deterioration, relocation of the former occupant's	57847
operations, or cessation of operations resulting from unfavorable	57848
economic conditions either generally or in a specific economic	57849
sector;	57850

(h) It is located within one or more adjacent city, local, or	57851
exempted village school districts, the income-weighted tax	57852
capacity of each of which is less than seventy per cent of the	57853
average of the income-weighted tax capacity of all city, local, or	57854
exempted village school districts in the state according to the	57855
most recent data available to the director from the department of	57856
taxation.	57857

The director of development shall adopt rules in accordance	57858
with Chapter 119. of the Revised Code establishing conditions	57859
constituting the characteristics described in divisions (A)(1)(d),	57860
(g), and (h) of this section.	57861

If an area could not be certified as an enterprise zone	57862
unless it satisfied division (A)(1)(g) of this section, the	57863
legislative authority may enter into agreements in that zone under	57864
section 5709.62, 5709.63, or 5709.632 of the Revised Code only if	57865
such agreements result in the development of the facilities	57866
described in that division, the parcel of land on which such	57867
facilities are situated, or adjacent parcels. The director of	57868
development annually shall review all agreements in such zones to	57869
determine whether the agreements have resulted in such	57870
development; if the director determines that the agreements have	57871
not resulted in such development, the director immediately shall	57872
revoke certification of the zone and notify the legislative	57873
authority of such revocation. Any agreements entered into prior to	57874
revocation under this paragraph shall continue in effect for the	57875
period provided in the agreement.	57876

(2) An area with a single continuous boundary designated in	57877
the manner set forth in section 5709.63 of the Revised Code and	57878
certified by the director of development as:	57879

(a) Being located within a county that contains a population	57880
of three hundred thousand or less;	57881

(b) Having a population of at least one thousand according to	57882
the best and most recent data available to the director;	57883

(c) Having at least two of the characteristics described in	57884
divisions (A)(1)(b) to (h) of this section.	57885

(3) An area with a single continuous boundary designated in	57886
the manner set forth under division (A)(1) of section 5709.632 of	57887
the Revised Code and certified by the director of development as	57888
having a population of at least four thousand, or under division	57889
(A)(2) of that section and certified as having a population of at	57890
least one thousand, according to the best and most recent data	57891
available to the director.	57892

(B) "Enterprise" means any form of business organization	57893
including, but not limited to, any partnership, sole	57894
proprietorship, or corporation, including an S corporation as	57895
defined in section 1361 of the Internal Revenue Code and any	57896
corporation that is majority work-owned either directly through	57897
the ownership of stock or indirectly through participation in an	57898
employee stock ownership plan.	57899

(C) "Facility" means an enterprise's place of business in a	57900
zone, including land, buildings, machinery, equipment, and other	57901
materials, except inventory, used in business. "Facility" includes	57902
land, buildings, machinery, production and station equipment,	57903
other equipment, and other materials, except inventory, used in	57904
business to generate electricity, provided that, for purposes of	57905
sections 5709.61 to 5709.69 of the Revised Code, the value of the	57906
property at such a facility shall be reduced by the value, if any,	57907
that is not apportioned under section 5727.15 of the Revised Code	57908
to the taxing district in which the facility is physically	57909
located. In the case of such a facility that is physically located	57910
in two adjacent taxing districts, the property located in each	57911
taxing district constitutes a separate facility.	57912

"Facility" does not include any portion of an enterprise's	57913
place of business used primarily for making retail sales, unless	57914
the place of business is located in an impacted city as defined in	57915
section 1728.01 of the Revised Code.	57916

(D) "Vacant facility" means a facility that has been vacant	57917
for at least ninety days immediately preceding the date on which	57918
an agreement is entered into under section 5709.62 or 5709.63 of	57919
the Revised Code.	57920

(E) "Expand" means to make expenditures to add land,	57921
buildings, machinery, equipment, or other materials, except	57922
inventory, to a facility that equal at least ten per cent of the	57923
market value of the facility prior to such expenditures, as	57924
determined for the purposes of local property taxation.	57925

(F) "Renovate" means to make expenditures to alter or repair	57926
a facility that equal at least fifty per cent of the market value	57927
of the facility prior to such expenditures, as determined for the	57928
purposes of local property taxation.	57929

(G) "Occupy" means to make expenditures to alter or repair a	57930
vacant facility equal to at least twenty per cent of the market	57931
value of the facility prior to such expenditures, as determined	57932
for the purposes of local property taxation.	57933

(H) "Project site" means all or any part of a facility that	57934
is newly constructed, expanded, renovated, or occupied by an	57935
enterprise.	57936

(I) "Project" means any undertaking by an enterprise to	57937
establish a facility or to improve a project site by expansion,	57938
renovation, or occupancy.	57939

(J) "Position" means the position of one full-time employee	57940
performing a particular set of tasks and duties.	57941

(K) "Full-time employee" means an individual who is employed	57942
for consideration by an enterprise for at least thirty-five hours	57943
a week, or who renders any other standard of service generally	57944
accepted by custom or specified by contract as full-time	57945
employment.	57946

(L) "New employee" means a full-time employee first employed	57947
by an enterprise at a facility that is a project site after the	57948
enterprise enters an agreement under section 5709.62 or 5709.63 of	57949
the Revised Code. "New employee" does not include an employee if,	57950
immediately prior to being employed by the enterprise, the	57951
employee was employed by an enterprise that is a related member or	57952
predecessor enterprise of that enterprise.	57953

(M) "Unemployed person" means any person who is totally	57954
unemployed in this state, as that term is defined in division (M)	57955
of section 4141.01 of the Revised Code, for at least ten	57956
consecutive weeks immediately preceding that person's employment	57957
at a facility that is a project site, or who is so unemployed for	57958
at least twenty-six of the fifty-two weeks immediately preceding	57959
that person's employment at such a facility.	57960

(N) "JTPA eligible employee" means any individual who is	57961
eligible for employment or training under the "Job Training	57962
Partnership Act," 96 Stat. 1324 (1982), 29 U.S.C. 1501, as	57963
amended.	57964

(O) "First used in business" means that the property referred	57965
to has not been used in business in this state by the enterprise	57966
that owns it, or by an enterprise that is a related member or	57967
predecessor enterprise of such an enterprise, other than as	57968
inventory, prior to being used in business at a facility as the	57969
result of a project.	57970

(P) "Training program" means any noncredit training program	57971
or course of study that is offered by any state college or	57972
university; university branch district; community college;	57973
technical college; nonprofit college or university certified under	57974
section 1713.02 of the Revised Code; school district; joint	57975
vocational school district; school registered and authorized to	57976
offer programs under section 3332.05 of the Revised Code; an	57977
entity administering any federal, state, or local adult education	57978
and training program; or any enterprise; and that meets all of the	57979
following requirements:	57980

(1) It is approved by the director of development;

57981

(2) It is established or operated to satisfy the need of a	57982
particular industry or enterprise for skilled or semi-skilled	57983
employees;	57984

(3) An individual is required to complete the course or	57985
program before filling a position at a project site.	57986

(Q) "Development" means to engage in the process of clearing	57987
and grading land, making, installing, or constructing water	57988
distribution systems, sewers, sewage collection systems, steam,	57989
gas, and electric lines, roads, curbs, gutters, sidewalks, storm	57990
drainage facilities, and construction of other facilities or	57991
buildings equal to at least fifty per cent of the market value of	57992
the facility prior to the expenditures, as determined for the	57993
purposes of local property taxation.	57994

(R) "Large manufacturing facility" means a single Ohio	57995
facility that employed an average of at least one thousand	57996
individuals during the five calendar years preceding an agreement	57997
authorized under division (C)(3) of section 5709.62 or division	57998
(B)(2) of section 5709.63 of the Revised Code. For purposes of	57999
this division, both of the following apply:	58000

(1) A single Ohio manufacturing facility employed an average	58001
of at least one thousand individuals during the five calendar	58002
years preceding entering into such an agreement if one-fifth of	58003
the sum of the number of employees employed on the highest	58004
employment day during each of the five calendar years equals or	58005
exceeds one thousand.	58006

(2) The highest employment day is the day or days during a	58007
calendar year on which the number of employees employed at a	58008
single Ohio manufacturing facility was greater than on any other	58009
day during the calendar year.	58010

(S) "Business cycle" means the cycle of business activity	58011
usually regarded as passing through alternating stages of	58012
prosperity and depression.	58013

(T) "Making retail sales" means the effecting of	58014
point-of-final-purchase transactions at a facility open to the	58015
consuming public, wherein one party is obligated to pay the price	58016
and the other party is obligated to provide a service or to	58017
transfer title to or possession of the item sold.	58018

(U) "Environmentally contaminated" means that hazardous	58019
substances exist at a facility under conditions that have caused	58020
or would cause the facility to be identified as contaminated by	58021
the state or federal environmental protection agency. These may	58022
include facilities located at sites identified in the master sites	58023
list or similar database maintained by the state environmental	58024
protection agency if the sites have been investigated by the	58025
agency and found to be contaminated.	58026

(V) "Remediate" means to make expenditures to clean up an	58027
environmentally contaminated facility so that it is no longer	58028
environmentally contaminated that equal at least ten per cent of	58029
the real property market value of the facility prior to such	58030
expenditures as determined for the purposes of property taxation.	58031

(W) "Related member" has the same meaning as defined in	58032
section 5733.042 of the Revised Code without regard to division	58033
(B) of that section, except that it is used with respect to an	58034
enterprise rather than a taxpayer.	58035

(X) "Predecessor enterprise" means an enterprise from which	58036
the assets or equity of another enterprise has been transferred,	58037
which transfer resulted in the full or partial nonrecognition of	58038
gain or loss, or resulted in a carryover basis, both as determined	58039
by rule adopted by the tax commissioner.	58040

(Y) "Successor enterprise" means an enterprise to which the	58041
assets or equity of another enterprise has been transferred, which	58042
transfer resulted in the full or partial nonrecognition of gain or	58043
loss, or resulted in a carryover basis, both as determined by rule	58044
adopted by the tax commissioner.	58045

Sec. 5709.62. (A) In any municipal corporation that is	58046
defined by the United States office of management and budget as a	58047
central city of a metropolitan statistical area, or in a city	58048
designated as an urban cluster in a rural statistical area, the	58049
legislative authority of the municipal corporation may designate	58050
one or more areas within its municipal corporation as proposed	58051
enterprise zones. Upon designating an area, the legislative	58052
authority shall petition the director of development for	58053
certification of the area as having the characteristics set forth	58054
in division (A)(1) of section 5709.61 of the Revised Code as	58055
amended by Substitute Senate Bill No. 19 of the 120th general	58056
assembly. Except as otherwise provided in division (E) of this	58057
section, on and after July 1, 1994, legislative authorities shall	58058
not enter into agreements under this section unless the	58059
legislative authority has petitioned the director and the director	58060
has certified the zone under this section as amended by that act;	58061
however, all agreements entered into under this section as it	58062
existed prior to July 1, 1994, and the incentives granted under	58063
those agreements shall remain in effect for the period agreed to	58064
under those agreements. Within sixty days after receiving such a	58065
petition, the director shall determine whether the area has the	58066
characteristics set forth in division (A)(1) of section 5709.61 of	58067
the Revised Code, and shall forward the findings to the	58068
legislative authority of the municipal corporation. If the	58069
director certifies the area as having those characteristics, and	58070
thereby certifies it as a zone, the legislative authority may	58071
enter into an agreement with an enterprise under division (C) of	58072
this section.	58073

(B) Any enterprise that wishes to enter into an agreement	58074
with a municipal corporation under division (C) of this section	58075
shall submit a proposal to the legislative authority of the	58076
municipal corporation on a form prescribed by the director of	58077
development, together with the application fee established under	58078
section 5709.68 of the Revised Code. The form shall require the	58079
following information:	58080

(1) An estimate of the number of new employees whom the	58081
enterprise intends to hire, or of the number of employees whom the	58082
enterprise intends to retain, within the zone at a facility that	58083
is a project site, and an estimate of the amount of payroll of the	58084
enterprise attributable to these employees;	58085

(2) An estimate of the amount to be invested by the	58086
enterprise to establish, expand, renovate, or occupy a facility,	58087
including investment in new buildings, additions or improvements	58088
to existing buildings, machinery, equipment, furniture, fixtures,	58089
and inventory;	58090

(3) A listing of the enterprise's current investment, if any,	58091
in a facility as of the date of the proposal's submission.	58092

The enterprise shall review and update the listings required	58093
under this division to reflect material changes, and any agreement	58094
entered into under division (C) of this section shall set forth	58095
final estimates and listings as of the time the agreement is	58096
entered into. The legislative authority may, on a separate form	58097
and at any time, require any additional information necessary to	58098
determine whether an enterprise is in compliance with an agreement	58099
and to collect the information required to be reported under	58100
section 5709.68 of the Revised Code.	58101

(C) Upon receipt and investigation of a proposal under	58102
division (B) of this section, if the legislative authority finds	58103
that the enterprise submitting the proposal is qualified by	58104
financial responsibility and business experience to create and	58105
preserve employment opportunities in the zone and improve the	58106
economic climate of the municipal corporation, the legislative	58107
authority, on or before ~~June 30, 2004~~October 15, 2009, may do one	58108
of the following:	58109

(1) Enter into an agreement with the enterprise under which	58110
the enterprise agrees to establish, expand, renovate, or occupy a	58111
facility and hire new employees, or preserve employment	58112
opportunities for existing employees, in return for one or more of	58113
the following incentives:	58114

(a) Exemption for a specified number of years, not to exceed	58115
ten, of a specified portion, up to seventy-five per cent, of the	58116
assessed value of tangible personal property first used in	58117
business at the project site as a result of the agreement. An	58118
exemption granted pursuant to this division applies to inventory	58119
required to be listed pursuant to sections 5711.15 and 5711.16 of	58120
the Revised Code, except that, in the instance of an expansion or	58121
other situations in which an enterprise was in business at the	58122
facility prior to the establishment of the zone, the inventory	58123
that is exempt is that amount or value of inventory in excess of	58124
the amount or value of inventory required to be listed in the	58125
personal property tax return of the enterprise in the return for	58126
the tax year in which the agreement is entered into.	58127

(b) Exemption for a specified number of years, not to exceed	58128
ten, of a specified portion, up to seventy-five per cent, of the	58129
increase in the assessed valuation of real property constituting	58130
the project site subsequent to formal approval of the agreement by	58131
the legislative authority;	58132

(c) Provision for a specified number of years, not to exceed	58133
ten, of any optional services or assistance that the municipal	58134
corporation is authorized to provide with regard to the project	58135
site.	58136

(2) Enter into an agreement under which the enterprise agrees	58137
to remediate an environmentally contaminated facility, to spend an	58138
amount equal to at least two hundred fifty per cent of the true	58139
value in money of the real property of the facility prior to	58140
remediation as determined for the purposes of property taxation to	58141
establish, expand, renovate, or occupy the remediated facility,	58142
and to hire new employees or preserve employment opportunities for	58143
existing employees at the remediated facility, in return for one	58144
or more of the following incentives:	58145

(a) Exemption for a specified number of years, not to exceed	58146
ten, of a specified portion, not to exceed fifty per cent, of the	58147
assessed valuation of the real property of the facility prior to	58148
remediation;	58149

(b) Exemption for a specified number of years, not to exceed	58150
ten, of a specified portion, not to exceed one hundred per cent,	58151
of the increase in the assessed valuation of the real property of	58152
the facility during or after remediation;	58153

(c) The incentive under division (C)(1)(a) of this section,	58154
except that the percentage of the assessed value of such property	58155
exempted from taxation shall not exceed one hundred per cent;	58156

(d) The incentive under division (C)(1)(c) of this section.

58157

(3) Enter into an agreement with an enterprise that plans to	58158
purchase and operate a large manufacturing facility that has	58159
ceased operation or announced its intention to cease operation, in	58160
return for exemption for a specified number of years, not to	58161
exceed ten, of a specified portion, up to one hundred per cent, of	58162
the assessed value of tangible personal property used in business	58163
at the project site as a result of the agreement, or of the	58164
assessed valuation of real property constituting the project site,	58165
or both.	58166

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	58167
section, the portion of the assessed value of tangible personal	58168
property or of the increase in the assessed valuation of real	58169
property exempted from taxation under those divisions may exceed	58170
seventy-five per cent in any year for which that portion is	58171
exempted if the average percentage exempted for all years in which	58172
the agreement is in effect does not exceed sixty per cent, or if	58173
the board of education of the city, local, or exempted village	58174
school district within the territory of which the property is or	58175
will be located approves a percentage in excess of seventy-five	58176
per cent. For the purpose of obtaining such approval, the	58177
legislative authority shall deliver to the board of education a	58178
notice not later than forty-five days prior to approving the	58179
agreement, excluding Saturdays, Sundays, and legal holidays as	58180
defined in section 1.14 of the Revised Code. The notice shall	58181
state the percentage to be exempted, an estimate of the true value	58182
of the property to be exempted, and the number of years the	58183
property is to be exempted. The board of education, by resolution	58184
adopted by a majority of the board, shall approve or disapprove	58185
the agreement and certify a copy of the resolution to the	58186
legislative authority not later than fourteen days prior to the	58187
date stipulated by the legislative authority as the date upon	58188
which approval of the agreement is to be formally considered by	58189
the legislative authority. The board of education may include in	58190
the resolution conditions under which the board would approve the	58191
agreement, including the execution of an agreement to compensate	58192
the school district under division (B) of section 5709.82 of the	58193
Revised Code. The legislative authority may approve the agreement	58194
at any time after the board of education certifies its resolution	58195
approving the agreement to the legislative authority, or, if the	58196
board approves the agreement conditionally, at any time after the	58197
conditions are agreed to by the board and the legislative	58198
authority.	58199

If a board of education has adopted a resolution waiving its	58200
right to approve agreements and the resolution remains in effect,	58201
approval of an agreement by the board is not required under this	58202
division. If a board of education has adopted a resolution	58203
allowing a legislative authority to deliver the notice required	58204
under this division fewer than forty-five business days prior to	58205
the legislative authority's approval of the agreement, the	58206
legislative authority shall deliver the notice to the board not	58207
later than the number of days prior to such approval as prescribed	58208
by the board in its resolution. If a board of education adopts a	58209
resolution waiving its right to approve agreements or shortening	58210
the notification period, the board shall certify a copy of the	58211
resolution to the legislative authority. If the board of education	58212
rescinds such a resolution, it shall certify notice of the	58213
rescission to the legislative authority.	58214

(2) The legislative authority shall comply with section	58215
5709.83 of the Revised Code unless the board of education has	58216
adopted a resolution under that section waiving its right to	58217
receive such notice.	58218

(E) This division applies to zones certified by the director	58219
of development under this section prior to July 22, 1994.	58220

On or before ~~June 30, 2004~~October 15, 2009, the legislative	58221
authority that designated a zone to which this division applies	58222
may enter into an agreement with an enterprise if the legislative	58223
authority makes the finding required under that division and	58224
determines that the enterprise satisfies one of the criteria	58225
described in divisions (E)(1) to (5) of this section:	58226

(1) The enterprise currently has no operations in this state	58227
and, subject to approval of the agreement, intends to establish	58228
operations in the zone;	58229

(2) The enterprise currently has operations in this state	58230
and, subject to approval of the agreement, intends to establish	58231
operations at a new location in the zone that would not result in	58232
a reduction in the number of employee positions at any of the	58233
enterprise's other locations in this state;	58234

(3) The enterprise, subject to approval of the agreement,	58235
intends to relocate operations, currently located in another	58236
state, to the zone;	58237

(4) The enterprise, subject to approval of the agreement,	58238
intends to expand operations at an existing site in the zone that	58239
the enterprise currently operates;	58240

(5) The enterprise, subject to approval of the agreement,	58241
intends to relocate operations, currently located in this state,	58242
to the zone, and the director of development has issued a waiver	58243
for the enterprise under division (B) of section 5709.633 of the	58244
Revised Code.	58245

The agreement shall require the enterprise to agree to	58246
establish, expand, renovate, or occupy a facility in the zone and	58247
hire new employees, or preserve employment opportunities for	58248
existing employees, in return for one or more of the incentives	58249
described in division (C) of this section.	58250

(F) All agreements entered into under this section shall be	58251
in the form prescribed under section 5709.631 of the Revised Code.	58252
After an agreement is entered into under this division, if the	58253
legislative authority revokes its designation of a zone, or if the	58254
director of development revokes the zone's certification, any	58255
entitlements granted under the agreement shall continue for the	58256
number of years specified in the agreement.	58257

(G) Except as otherwise provided in this division, an	58258
agreement entered into under this section shall require that the	58259
enterprise pay an annual fee equal to the greater of one per cent	58260
of the dollar value of incentives offered under the agreement or	58261
five hundred dollars; provided, however, that if the value of the	58262
incentives exceeds two hundred fifty thousand dollars, the fee	58263
shall not exceed two thousand five hundred dollars. The fee shall	58264
be payable to the legislative authority once per year for each	58265
year the agreement is effective on the days and in the form	58266
specified in the agreement. Fees paid shall be deposited in a	58267
special fund created for such purpose by the legislative authority	58268
and shall be used by the legislative authority exclusively for the	58269
purpose of complying with section 5709.68 of the Revised Code and	58270
by the tax incentive review council created under section 5709.85	58271
of the Revised Code exclusively for the purposes of performing the	58272
duties prescribed under that section. The legislative authority	58273
may waive or reduce the amount of the fee charged against an	58274
enterprise, but such a waiver or reduction does not affect the	58275
obligations of the legislative authority or the tax incentive	58276
review council to comply with section 5709.68 or 5709.85 of the	58277
Revised Code.	58278

(H) When an agreement is entered into pursuant to this	58279
section, the legislative authority authorizing the agreement shall	58280
forward a copy of the agreement to the director of development and	58281
to the tax commissioner within fifteen days after the agreement is	58282
entered into. If any agreement includes terms not provided for in	58283
section 5709.631 of the Revised Code affecting the revenue of a	58284
city, local, or exempted village school district or causing	58285
revenue to be foregone by the district, including any compensation	58286
to be paid to the school district pursuant to section 5709.82 of	58287
the Revised Code, those terms also shall be forwarded in writing	58288
to the director of development along with the copy of the	58289
agreement forwarded under this division.	58290

(I) After an agreement is entered into, the enterprise shall	58291
file with each personal property tax return required to be filed,	58292
or annual report required to be filed under section 5727.08 of the	58293
Revised Code, while the agreement is in effect, an informational	58294
return, on a form prescribed by the tax commissioner for that	58295
purpose, setting forth separately the property, and related costs	58296
and values, exempted from taxation under the agreement.	58297

(J) Enterprises may agree to give preference to residents of	58298
the zone within which the agreement applies relative to residents	58299
of this state who do not reside in the zone when hiring new	58300
employees under the agreement.	58301

(K) An agreement entered into under this section may include	58302
a provision requiring the enterprise to create one or more	58303
temporary internship positions for students enrolled in a course	58304
of study at a school or other educational institution in the	58305
vicinity, and to create a scholarship or provide another form of	58306
educational financial assistance for students holding such a	58307
position in exchange for the student's commitment to work for the	58308
enterprise at the completion of the internship.	58309

Sec. 5709.63. (A) With the consent of the legislative	58310
authority of each affected municipal corporation or of a board of	58311
township trustees, a board of county commissioners may, in the	58312
manner set forth in section 5709.62 of the Revised Code, designate	58313
one or more areas in one or more municipal corporations or in	58314
unincorporated areas of the county as proposed enterprise zones. A	58315
board of county commissioners may designate no more than one area	58316
within a township, or within adjacent townships, as a proposed	58317
enterprise zone. The board shall petition the director of	58318
development for certification of the area as having the	58319
characteristics set forth in division (A)(1) or (2) of section	58320
5709.61 of the Revised Code as amended by Substitute Senate Bill	58321
No. 19 of the 120th general assembly. Except as otherwise provided	58322
in division (D) of this section, on and after July 1, 1994, boards	58323
of county commissioners shall not enter into agreements under this	58324
section unless the board has petitioned the director and the	58325
director has certified the zone under this section as amended by	58326
that act; however, all agreements entered into under this section	58327
as it existed prior to July 1, 1994, and the incentives granted	58328
under those agreements shall remain in effect for the period	58329
agreed to under those agreements. The director shall make the	58330
determination in the manner provided under section 5709.62 of the	58331
Revised Code. Any enterprise wishing to enter into an agreement	58332
with the board under division (B) or (D) of this section shall	58333
submit a proposal to the board on the form and accompanied by the	58334
application fee prescribed under division (B) of section 5709.62	58335
of the Revised Code. The enterprise shall review and update the	58336
estimates and listings required by the form in the manner required	58337
under that division. The board may, on a separate form and at any	58338
time, require any additional information necessary to determine	58339
whether an enterprise is in compliance with an agreement and to	58340
collect the information required to be reported under section	58341
5709.68 of the Revised Code.	58342

(B) If the board of county commissioners finds that an	58343
enterprise submitting a proposal is qualified by financial	58344
responsibility and business experience to create and preserve	58345
employment opportunities in the zone and to improve the economic	58346
climate of the municipal corporation or municipal corporations or	58347
the unincorporated areas in which the zone is located and to which	58348
the proposal applies, the board, on or before ~~June 30, 2004~~	58349
October 15, 2009, and with the consent of the legislative	58350
authority of each affected municipal corporation or of the board	58351
of township trustees may do either of the following:	58352

(1) Enter into an agreement with the enterprise under which	58353
the enterprise agrees to establish, expand, renovate, or occupy a	58354
facility in the zone and hire new employees, or preserve	58355
employment opportunities for existing employees, in return for the	58356
following incentives:	58357

(a) When the facility is located in a municipal corporation,	58358
the board may enter into an agreement for one or more of the	58359
incentives provided in division (C) of section 5709.62 of the	58360
Revised Code, subject to division (D) of that section;	58361

(b) When the facility is located in an unincorporated area,	58362
the board may enter into an agreement for one or more of the	58363
following incentives:	58364

(i) Exemption for a specified number of years, not to exceed	58365
ten, of a specified portion, up to sixty per cent, of the assessed	58366
value of tangible personal property first used in business at a	58367
project site as a result of the agreement. An exemption granted	58368
pursuant to this division applies to inventory required to be	58369
listed pursuant to sections 5711.15 and 5711.16 of the Revised	58370
Code, except, in the instance of an expansion or other situations	58371
in which an enterprise was in business at the facility prior to	58372
the establishment of the zone, the inventory that is exempt is	58373
that amount or value of inventory in excess of the amount or value	58374
of inventory required to be listed in the personal property tax	58375
return of the enterprise in the return for the tax year in which	58376
the agreement is entered into.	58377

(ii) Exemption for a specified number of years, not to exceed	58378
ten, of a specified portion, up to sixty per cent, of the increase	58379
in the assessed valuation of real property constituting the	58380
project site subsequent to formal approval of the agreement by the	58381
board;	58382

(iii) Provision for a specified number of years, not to	58383
exceed ten, of any optional services or assistance the board is	58384
authorized to provide with regard to the project site;	58385

(iv) The incentive described in division (C)(2) of section	58386
5709.62 of the Revised Code.	58387

(2) Enter into an agreement with an enterprise that plans to	58388
purchase and operate a large manufacturing facility that has	58389
ceased operation or has announced its intention to cease	58390
operation, in return for exemption for a specified number of	58391
years, not to exceed ten, of a specified portion, up to one	58392
hundred per cent, of tangible personal property used in business	58393
at the project site as a result of the agreement, or of real	58394
property constituting the project site, or both.	58395

(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	58396
this section, the portion of the assessed value of tangible	58397
personal property or of the increase in the assessed valuation of	58398
real property exempted from taxation under those divisions may	58399
exceed sixty per cent in any year for which that portion is	58400
exempted if the average percentage exempted for all years in which	58401
the agreement is in effect does not exceed fifty per cent, or if	58402
the board of education of the city, local, or exempted village	58403
school district within the territory of which the property is or	58404
will be located approves a percentage in excess of sixty per cent.	58405
For the purpose of obtaining such approval, the board of	58406
commissioners shall deliver to the board of education a notice not	58407
later than forty-five days prior to approving the agreement,	58408
excluding Saturdays, Sundays, and legal holidays as defined in	58409
section 1.14 of the Revised Code. The notice shall state the	58410
percentage to be exempted, an estimate of the true value of the	58411
property to be exempted, and the number of years the property is	58412
to be exempted. The board of education, by resolution adopted by a	58413
majority of the board, shall approve or disapprove the agreement	58414
and certify a copy of the resolution to the board of commissioners	58415
not later than fourteen days prior to the date stipulated by the	58416
board of commissioners as the date upon which approval of the	58417
agreement is to be formally considered by the board of	58418
commissioners. The board of education may include in the	58419
resolution conditions under which the board would approve the	58420
agreement, including the execution of an agreement to compensate	58421
the school district under division (B) of section 5709.82 of the	58422
Revised Code. The board of county commissioners may approve the	58423
agreement at any time after the board of education certifies its	58424
resolution approving the agreement to the board of county	58425
commissioners, or, if the board of education approves the	58426
agreement conditionally, at any time after the conditions are	58427
agreed to by the board of education and the board of county	58428
commissioners.	58429

If a board of education has adopted a resolution waiving its	58430
right to approve agreements and the resolution remains in effect,	58431
approval of an agreement by the board of education is not required	58432
under division (C) of this section. If a board of education has	58433
adopted a resolution allowing a board of county commissioners to	58434
deliver the notice required under this division fewer than	58435
forty-five business days prior to approval of the agreement by the	58436
board of county commissioners, the board of county commissioners	58437
shall deliver the notice to the board of education not later than	58438
the number of days prior to such approval as prescribed by the	58439
board of education in its resolution. If a board of education	58440
adopts a resolution waiving its right to approve agreements or	58441
shortening the notification period, the board of education shall	58442
certify a copy of the resolution to the board of county	58443
commissioners. If the board of education rescinds such a	58444
resolution, it shall certify notice of the rescission to the board	58445
of county commissioners.	58446

(2) The board of county commissioners shall comply with	58447
section 5709.83 of the Revised Code unless the board of education	58448
has adopted a resolution under that section waiving its right to	58449
receive such notice.	58450

(D) This division applies to zones certified by the director	58451
of development under this section prior to July 22, 1994.	58452

On or before ~~June 30, 2004~~October 15, 2009, and with the	58453
consent of the legislative authority of each affected municipal	58454
corporation or board of township trustees of each affected	58455
township, the board of commissioners that designated a zone to	58456
which this division applies may enter into an agreement with an	58457
enterprise if the board makes the finding required under that	58458
division and determines that the enterprise satisfies one of the	58459
criteria described in divisions (D)(1) to (5) of this section:	58460

(1) The enterprise currently has no operations in this state	58461
and, subject to approval of the agreement, intends to establish	58462
operations in the zone;	58463

(2) The enterprise currently has operations in this state	58464
and, subject to approval of the agreement, intends to establish	58465
operations at a new location in the zone that would not result in	58466
a reduction in the number of employee positions at any of the	58467
enterprise's other locations in this state;	58468

(3) The enterprise, subject to approval of the agreement,	58469
intends to relocate operations, currently located in another	58470
state, to the zone;	58471

(4) The enterprise, subject to approval of the agreement,	58472
intends to expand operations at an existing site in the zone that	58473
the enterprise currently operates;	58474

(5) The enterprise, subject to approval of the agreement,	58475
intends to relocate operations, currently located in this state,	58476
to the zone, and the director of development has issued a waiver	58477
for the enterprise under division (B) of section 5709.633 of the	58478
Revised Code.	58479

The agreement shall require the enterprise to agree to	58480
establish, expand, renovate, or occupy a facility in the zone and	58481
hire new employees, or preserve employment opportunities for	58482
existing employees, in return for one or more of the incentives	58483
described in division (B) of this section.	58484

(E) All agreements entered into under this section shall be	58485
in the form prescribed under section 5709.631 of the Revised Code.	58486
After an agreement under this section is entered into, if the	58487
board of county commissioners revokes its designation of the zone,	58488
or if the director of development revokes the zone's	58489
certification, any entitlements granted under the agreement shall	58490
continue for the number of years specified in the agreement.	58491

(F) Except as otherwise provided in this paragraph, an	58492
agreement entered into under this section shall require that the	58493
enterprise pay an annual fee equal to the greater of one per cent	58494
of the dollar value of incentives offered under the agreement or	58495
five hundred dollars; provided, however, that if the value of the	58496
incentives exceeds two hundred fifty thousand dollars, the fee	58497
shall not exceed two thousand five hundred dollars. The fee shall	58498
be payable to the board of commissioners once per year for each	58499
year the agreement is effective on the days and in the form	58500
specified in the agreement. Fees paid shall be deposited in a	58501
special fund created for such purpose by the board and shall be	58502
used by the board exclusively for the purpose of complying with	58503
section 5709.68 of the Revised Code and by the tax incentive	58504
review council created under section 5709.85 of the Revised Code	58505
exclusively for the purposes of performing the duties prescribed	58506
under that section. The board may waive or reduce the amount of	58507
the fee charged against an enterprise, but such waiver or	58508
reduction does not affect the obligations of the board or the tax	58509
incentive review council to comply with section 5709.68 or 5709.85	58510
of the Revised Code, respectively.	58511

(G) With the approval of the legislative authority of a	58512
municipal corporation or the board of township trustees of a	58513
township in which a zone is designated under division (A) of this	58514
section, the board of county commissioners may delegate to that	58515
legislative authority or board any powers and duties of the board	58516
to negotiate and administer agreements with regard to that zone	58517
under this section.	58518

(H) When an agreement is entered into pursuant to this	58519
section, the legislative authority authorizing the agreement shall	58520
forward a copy of the agreement to the director of development and	58521
to the tax commissioner within fifteen days after the agreement is	58522
entered into. If any agreement includes terms not provided for in	58523
section 5709.631 of the Revised Code affecting the revenue of a	58524
city, local, or exempted village school district or causing	58525
revenue to be foregone by the district, including any compensation	58526
to be paid to the school district pursuant to section 5709.82 of	58527
the Revised Code, those terms also shall be forwarded in writing	58528
to the director of development along with the copy of the	58529
agreement forwarded under this division.	58530

(I) After an agreement is entered into, the enterprise shall	58531
file with each personal property tax return required to be filed,	58532
or annual report that is required to be filed under section	58533
5727.08 of the Revised Code, while the agreement is in effect, an	58534
informational return, on a form prescribed by the tax commissioner	58535
for that purpose, setting forth separately the property, and	58536
related costs and values, exempted from taxation under the	58537
agreement.	58538

(J) Enterprises may agree to give preference to residents of	58539
the zone within which the agreement applies relative to residents	58540
of this state who do not reside in the zone when hiring new	58541
employees under the agreement.	58542

(K) An agreement entered into under this section may include	58543
a provision requiring the enterprise to create one or more	58544
temporary internship positions for students enrolled in a course	58545
of study at a school or other educational institution in the	58546
vicinity, and to create a scholarship or provide another form of	58547
educational financial assistance for students holding such a	58548
position in exchange for the student's commitment to work for the	58549
enterprise at the completion of the internship.	58550

Sec. 5709.632. (A)(1) The legislative authority of a	58551
municipal corporation defined by the United States office of	58552
management and budget as a central city of a metropolitan	58553
statistical area may, in the manner set forth in section 5709.62	58554
of the Revised Code, designate one or more areas in the municipal	58555
corporation as a proposed enterprise zone.	58556

(2) With the consent of the legislative authority of each	58557
affected municipal corporation or of a board of township trustees,	58558
a board of county commissioners may, in the manner set forth in	58559
section 5709.62 of the Revised Code, designate one or more areas	58560
in one or more municipal corporations or in unincorporated areas	58561
of the county as proposed urban jobs and enterprise zones, except	58562
that a board of county commissioners may designate no more than	58563
one area within a township, or within adjacent townships, as a	58564
proposed urban jobs and enterprise zone.	58565

(3) The legislative authority or board of county	58566
commissioners may petition the director of development for	58567
certification of the area as having the characteristics set forth	58568
in division (A)(3) of section 5709.61 of the Revised Code. Within	58569
sixty days after receiving such a petition, the director shall	58570
determine whether the area has the characteristics set forth in	58571
that division and forward the findings to the legislative	58572
authority or board of county commissioners. If the director	58573
certifies the area as having those characteristics and thereby	58574
certifies it as a zone, the legislative authority or board may	58575
enter into agreements with enterprises under division (B) of this	58576
section. Any enterprise wishing to enter into an agreement with a	58577
legislative authority or board of commissioners under this section	58578
and satisfying one of the criteria described in divisions (B)(1)	58579
to (5) of this section shall submit a proposal to the legislative	58580
authority or board on the form prescribed under division (B) of	58581
section 5709.62 of the Revised Code and shall review and update	58582
the estimates and listings required by the form in the manner	58583
required under that division. The legislative authority or board	58584
may, on a separate form and at any time, require any additional	58585
information necessary to determine whether an enterprise is in	58586
compliance with an agreement and to collect the information	58587
required to be reported under section 5709.68 of the Revised Code.	58588

(B) Prior to entering into an agreement with an enterprise,	58589
the legislative authority or board of county commissioners shall	58590
determine whether the enterprise submitting the proposal is	58591
qualified by financial responsibility and business experience to	58592
create and preserve employment opportunities in the zone and to	58593
improve the economic climate of the municipal corporation or	58594
municipal corporations or the unincorporated areas in which the	58595
zone is located and to which the proposal applies, and whether the	58596
enterprise satisfies one of the following criteria:	58597

(1) The enterprise currently has no operations in this state	58598
and, subject to approval of the agreement, intends to establish	58599
operations in the zone;	58600

(2) The enterprise currently has operations in this state	58601
and, subject to approval of the agreement, intends to establish	58602
operations at a new location in the zone that would not result in	58603
a reduction in the number of employee positions at any of the	58604
enterprise's other locations in this state;	58605

(3) The enterprise, subject to approval of the agreement,	58606
intends to relocate operations, currently located in another	58607
state, to the zone;	58608

(4) The enterprise, subject to approval of the agreement,	58609
intends to expand operations at an existing site in the zone that	58610
the enterprise currently operates;	58611

(5) The enterprise, subject to approval of the agreement,	58612
intends to relocate operations, currently located in this state,	58613
to the zone, and the director of development has issued a waiver	58614
for the enterprise under division (B) of section 5709.633 of the	58615
Revised Code.	58616

(C) If the legislative authority or board determines that the	58617
enterprise is so qualified and satisfies one of the criteria	58618
described in divisions (B)(1) to (5) of this section, the	58619
legislative authority or board may, after complying with section	58620
5709.83 of the Revised Code and on or before ~~June 30, 2004~~October	58621
15, 2009, and, in the case of a board of commissioners, with the	58622
consent of the legislative authority of each affected municipal	58623
corporation or of the board of township trustees, enter into an	58624
agreement with the enterprise under which the enterprise agrees to	58625
establish, expand, renovate, or occupy a facility in the zone and	58626
hire new employees, or preserve employment opportunities for	58627
existing employees, in return for the following incentives:	58628

(1) When the facility is located in a municipal corporation,	58629
a legislative authority or board of commissioners may enter into	58630
an agreement for one or more of the incentives provided in	58631
division (C) of section 5709.62 of the Revised Code, subject to	58632
division (D) of that section;	58633

(2) When the facility is located in an unincorporated area, a	58634
board of commissioners may enter into an agreement for one or more	58635
of the incentives provided in divisions (B)(1)(b), (B)(2), and	58636
(B)(3) of section 5709.63 of the Revised Code, subject to division	58637
(C) of that section.	58638

(D) All agreements entered into under this section shall be	58639
in the form prescribed under section 5709.631 of the Revised Code.	58640
After an agreement under this section is entered into, if the	58641
legislative authority or board of county commissioners revokes its	58642
designation of the zone, or if the director of development revokes	58643
the zone's certification, any entitlements granted under the	58644
agreement shall continue for the number of years specified in the	58645
agreement.	58646

(E) Except as otherwise provided in this division, an	58647
agreement entered into under this section shall require that the	58648
enterprise pay an annual fee equal to the greater of one per cent	58649
of the dollar value of incentives offered under the agreement or	58650
five hundred dollars; provided, however, that if the value of the	58651
incentives exceeds two hundred fifty thousand dollars, the fee	58652
shall not exceed two thousand five hundred dollars. The fee shall	58653
be payable to the legislative authority or board of commissioners	58654
once per year for each year the agreement is effective on the days	58655
and in the form specified in the agreement. Fees paid shall be	58656
deposited in a special fund created for such purpose by the	58657
legislative authority or board and shall be used by the	58658
legislative authority or board exclusively for the purpose of	58659
complying with section 5709.68 of the Revised Code and by the tax	58660
incentive review council created under section 5709.85 of the	58661
Revised Code exclusively for the purposes of performing the duties	58662
prescribed under that section. The legislative authority or board	58663
may waive or reduce the amount of the fee charged against an	58664
enterprise, but such waiver or reduction does not affect the	58665
obligations of the legislative authority or board or the tax	58666
incentive review council to comply with section 5709.68 or 5709.85	58667
of the Revised Code, respectively.	58668

(F) With the approval of the legislative authority of a	58669
municipal corporation or the board of township trustees of a	58670
township in which a zone is designated under division (A)(2) of	58671
this section, the board of county commissioners may delegate to	58672
that legislative authority or board any powers and duties of the	58673
board to negotiate and administer agreements with regard to that	58674
zone under this section.	58675

(G) When an agreement is entered into pursuant to this	58676
section, the legislative authority or board of commissioners	58677
authorizing the agreement shall forward a copy of the agreement to	58678
the director of development and to the tax commissioner within	58679
fifteen days after the agreement is entered into. If any agreement	58680
includes terms not provided for in section 5709.631 of the Revised	58681
Code affecting the revenue of a city, local, or exempted village	58682
school district or causing revenue to be foregone by the district,	58683
including any compensation to be paid to the school district	58684
pursuant to section 5709.82 of the Revised Code, those terms also	58685
shall be forwarded in writing to the director of development along	58686
with the copy of the agreement forwarded under this division.	58687

(H) After an agreement is entered into, the enterprise shall	58688
file with each personal property tax return required to be filed	58689
while the agreement is in effect, an informational return, on a	58690
form prescribed by the tax commissioner for that purpose, setting	58691
forth separately the property, and related costs and values,	58692
exempted from taxation under the agreement.	58693

(I) An agreement entered into under this section may include	58694
a provision requiring the enterprise to create one or more	58695
temporary internship positions for students enrolled in a course	58696
of study at a school or other educational institution in the	58697
vicinity, and to create a scholarship or provide another form of	58698
educational financial assistance for students holding such a	58699
position in exchange for the student's commitment to work for the	58700
enterprise at the completion of the internship.	58701

Sec. 5709.64. (A) If an enterprise has been granted an	58702
incentive for the current calendar year under an agreement entered	58703
pursuant to section 5709.62, 5709.63, or 5709.632 of the Revised	58704
Code, it may apply, on or before the thirtieth day of April of	58705
that year, to the director of development, on a form prescribed by	58706
the director, for a tax incentive qualification certificate. The	58707
enterprise qualifies for an initial certificate if, on or before	58708
the last day of the calendar year immediately preceding that in	58709
which application is made, it satisfies all of the following	58710
requirements:	58711

(1) The enterprise has established, expanded, renovated, or	58712
occupied a facility pursuant to the agreement under section	58713
5709.62, 5709.63, or 5709.632 of the Revised Code.	58714

(2) The enterprise has hired new employees to fill nonretail	58715
positions at the facility, at least twenty-five per cent of whom	58716
at the time they were employed were at least one of the following:	58717

(a) Unemployed persons who had resided at least six months in	58718
the county in which the enterprise's project site is located;	58719

(b) JPTA eligible employees who had resided at least six	58720
months in the county in which the enterprise's project site is	58721
located;	58722

(c) Participants of the Ohio works first program under	58723
Chapter 5107. of the Revised Code or the prevention, retention,	58724
and contingency program under Chapter 5108. of the Revised Code or	58725
recipients of general assistance under former Chapter 5113. of the	58726
Revised Code, ~~disability~~financial assistance under Chapter 5115.	58727
of the Revised Code, or unemployment compensation benefits who had	58728
resided at least six months in the county in which the	58729
enterprise's project site is located;	58730

(d) Handicapped persons, as defined under division (A) of	58731
section 3304.11 of the Revised Code, who had resided at least six	58732
months in the county in which the enterprise's project site is	58733
located;	58734

(e) Residents for at least one year of a zone located in the	58735
county in which the enterprise's project site is located.	58736

The director of development shall, by rule, establish	58737
criteria for determining what constitutes a nonretail position at	58738
a facility.	58739

(3) The average number of positions attributable to the	58740
enterprise in the municipal corporation during the calendar year	58741
immediately preceding the calendar year in which application is	58742
made exceeds the maximum number of positions attributable to the	58743
enterprise in the municipal corporation during the calendar year	58744
immediately preceding the first year the enterprise satisfies the	58745
requirements set forth in divisions (A)(1) and (2) of this	58746
section. If the enterprise is engaged in a business which, because	58747
of its seasonal nature, customarily enables the enterprise to	58748
operate at full capacity only during regularly recurring periods	58749
of the year, the average number of positions attributable to the	58750
enterprise in the municipal corporation during each period of the	58751
calendar year immediately preceding the calendar year in which	58752
application is made must exceed only the maximum number of	58753
positions attributable to the enterprise in each corresponding	58754
period of the calendar year immediately preceding the first year	58755
the enterprise satisfies the requirements of divisions (A)(1) and	58756
(2) of this section. The director of development shall, by rule,	58757
prescribe methods for determining whether an enterprise is engaged	58758
in a seasonal business and for determining the length of the	58759
corresponding periods to be compared.	58760

(4) The enterprise has not closed or reduced employment at	58761
any place of business in the state for the primary purpose of	58762
establishing, expanding, renovating, or occupying a facility. The	58763
legislative authority of any municipal corporation or the board of	58764
county commissioners of any county that concludes that an	58765
enterprise has closed or reduced employment at a place of business	58766
in that municipal corporation or county for the primary purpose of	58767
establishing, expanding, renovating, or occupying a facility in a	58768
zone may appeal to the director to determine whether the	58769
enterprise has done so. Upon receiving such an appeal, the	58770
director shall investigate the allegations and make such a	58771
determination before issuing an initial or renewal tax incentive	58772
qualification certificate under this section.	58773

Within sixty days after receiving an application under this	58774
division, the director shall review, investigate, and verify the	58775
application and determine whether the enterprise qualifies for a	58776
certificate. The application shall include an affidavit executed	58777
by the applicant verifying that the enterprise satisfies the	58778
requirements of division (A)(2) of this section, and shall contain	58779
such information and documents as the director requires, by rule,	58780
to ascertain whether the enterprise qualifies for a certificate.	58781
If the director finds the enterprise qualified, the director shall	58782
issue a tax incentive qualification certificate, which shall bear	58783
as its date of issuance the thirtieth day of June of the year of	58784
application, and shall state that the applicant is entitled to	58785
receive, for the taxable year that includes the certificate's date	58786
of issuance, the tax incentives provided under section 5709.65 of	58787
the Revised Code with regard to the facility to which the	58788
certificate applies. If an enterprise is issued an initial	58789
certificate, it may apply, on or before the thirtieth day of April	58790
of each succeeding calendar year for which it has been granted an	58791
incentive under an agreement entered pursuant to section 5709.62,	58792
5709.63, or 5709.632 of the Revised Code, for a renewal	58793
certificate. Subsequent to its initial certification, the	58794
enterprise qualifies for up to three successive renewal	58795
certificates if, on or before the last day of the calendar year	58796
immediately preceding that in which the application is made, it	58797
satisfies all the requirements of divisions (A)(1) to (4) of this	58798
section, and neither the zone's designation nor the zone's	58799
certification has been revoked prior to the fifteenth day of June	58800
of the year in which the application is made. The application	58801
shall include an affidavit executed by the applicant verifying	58802
that the enterprise satisfies the requirements of division (A)(2)	58803
of this section. An enterprise with ten or more supervisory	58804
personnel at the facility to which a certificate applies qualifies	58805
for any subsequent renewal certificates only if it meets all of	58806
the foregoing requirements and, in addition, at least ten per cent	58807
of those supervisory personnel are employees who, when first hired	58808
by the enterprise, satisfied at least one of the criteria	58809
specified in divisions (A)(2)(a) to (e) of this section. If the	58810
enterprise qualifies, a renewal certificate shall be issued	58811
bearing as its date of issuance the thirtieth day of June of the	58812
year of application. The director shall send copies of the initial	58813
certificate, and each renewal certificate, by certified mail, to	58814
the enterprise, the tax commissioner, the board of county	58815
commissioners, and the chief executive of the municipal	58816
corporation in which the facility to which the certificate applies	58817
is located.	58818

(B) If the director determines that an enterprise is not	58819
qualified for an initial or renewal tax incentive qualification	58820
certificate, the director shall send notice of this determination,	58821
specifying the reasons for it, by certified mail, to the	58822
applicant, the tax commissioner, the board of county	58823
commissioners, and the chief executive of the municipal	58824
corporation in which the facility to which the certificate would	58825
have applied is located. Within thirty days after receiving such a	58826
notice, an enterprise may request, in writing, a hearing before	58827
the director for the purpose of reviewing the application and the	58828
reasons for the determination. Within sixty days after receiving a	58829
request for a hearing, the director shall afford one and, within	58830
thirty days after the hearing, shall issue a redetermination of	58831
the enterprise's qualification for a certificate. If the	58832
enterprise is found to be qualified, the director shall proceed in	58833
the manner provided under division (A) of this section. If the	58834
enterprise is found to be unqualified, the director shall send	58835
notice of this finding, by certified mail, to the applicant, the	58836
tax commissioner, the board of county commissioners, and the chief	58837
executive of the municipal corporation in which the facility to	58838
which the certificate would have applied is located. The	58839
director's redetermination that an enterprise is unqualified may	58840
be appealed to the board of tax appeals in the manner provided	58841
under section 5717.02 of the Revised Code.	58842

Sec. 5711.18. (A) As used in this section, "qualifying	58843
manufacturing property" means machinery or equipment satisfying	58844
both of the following:	58845

(1) The machinery or equipment would qualify as a thing	58846
transferred and used primarily in a manufacturing operation for	58847
the purposes of division (E)(9) of section 5739.01 and section	58848
5739.011 of the Revised Code.	58849

(2) The machinery or equipment was first placed in service in	58850
this state on or after January 1, 2004, and has not been listed	58851
for taxation under this chapter, and was not required to have been	58852
so listed, for any tax year before tax year 2004.	58853

(B) In the case of accounts receivable, the book value	58854
thereof less book reserves shall be listed and shall be taken as	58855
the true value thereof unless the assessor finds that such net	58856
book value is greater or less than the then true value of such	58857
accounts receivable in money. In	58858

(C) In the case of personal property used in business, ~~the~~	58859
~~book value thereof less book depreciation at such time shall be~~	58860
~~listed, and such depreciated book value~~one of the following	58861
values shall be listed and shall be taken as the true value of	58862
such property, unless the assessor finds that such ~~depreciated~~	58863
~~book~~ value is greater or less than the then true value of such	58864
property in money~~. Claim~~:	58865

(1) In the case of personal property other than qualifying	58866
manufacturing property, the book value of the property less book	58867
depreciation at the time of listing;	58868

(2) In the case of qualifying manufacturing property, the	58869
depreciated book value at which the property would be valued under	58870
division (C)(1) of this section if the property were valued at the	58871
lowest valuation percentage for the class life assigned to such	58872
property, as prescribed under the rules adopted by the tax	58873
commissioner for the purpose of valuing personal property used in	58874
business.	58875

(D) Claims for any deduction from net book value of accounts	58876
receivable or depreciated book value of personal property must be	58877
made in writing by the taxpayer at the time of making the	58878
taxpayer's return~~; and when such~~. If the return is made to the	58879
county auditor who is required by sections 5711.01 to 5711.36,	58880
~~inclusive,~~ of the Revised Code, to transmit it to the tax	58881
commissioner for assessment, the auditor shall, as deputy of the	58882
commissioner, investigate such claim and shall enter thereon, or	58883
attach thereto, in such form as the commissioner prescribes, the	58884
auditor's findings and recommendations with respect ~~thereto; when~~	58885
~~such~~to the claim. If the return is made to the tax commissioner,	58886
~~such~~the claim for deduction from depreciated book value of	58887
personal property shall be referred to the auditor, as such	58888
deputy, of each county in which the property affected thereby is	58889
listed for investigation and report.	58890

(E) Any change in the method of determining true value, as	58891
prescribed by the tax commissioner on a prospective basis, shall	58892
not be admissible in any judicial or administrative action or	58893
proceeding as evidence of value with regard to prior years' taxes.	58894
Information about the business, property, or transactions of any	58895
taxpayer obtained by the commissioner for the purpose of adopting	58896
or modifying any such method shall not be subject to discovery or	58897
disclosure.	58898

Sec. 5711.22. (A) Deposits not taxed at the source shall be	58899
listed and assessed at their amount in dollars on the day they are	58900
required to be listed. Moneys shall be listed and assessed at the	58901
amount thereof in dollars on hand on the day that they are	58902
required to be listed. In listing investments, the amount of the	58903
income yield of each for the calendar year next preceding the date	58904
of listing shall, except as otherwise provided in this chapter, be	58905
stated in dollars and cents and the assessment thereof shall be at	58906
the amount of such income yield; but any property defined as	58907
investments in either division (A) or (B) of section 5701.06 of	58908
the Revised Code that has not been outstanding for the full	58909
calendar year next preceding the date of listing, except shares of	58910
stock of like kind as other shares of the same corporation	58911
outstanding for the full calendar year next preceding the date of	58912
listing, or which has yielded no income during such calendar year	58913
shall be listed and assessed as unproductive investments, at their	58914
true value in money on the day that such investments are required	58915
to be listed.	58916

Credits and other taxable intangibles shall be listed and	58917
assessed at their true value in money on the day as of which the	58918
same are required to be listed.	58919

Shares of stock of a bank holding company, as defined in	58920
Title 12 U.S.C.A., section 1841, that are required to be listed	58921
for taxation under this division and upon which dividends were	58922
paid during the year of their issuance, which dividends are	58923
subject to taxation under the provisions of Chapter 5747. of the	58924
Revised Code, shall be exempt from the intangibles tax for the	58925
year immediately succeeding their issuance. If such shares bear	58926
dividends the first calendar year after their issuance, which	58927
dividends are subject to taxation under the provisions of Chapter	58928
5747. of the Revised Code, it shall be deemed that the	58929
nondelinquent intangible property tax pursuant to division (A) of	58930
section 5707.04 of the Revised Code was paid on those dividends	58931
paid that first calendar year after the issuance of the shares.	58932

(B)(1) Boilers, machinery, equipment, and personal property	58933
the true value of which is determined under division (B) of	58934
section 5711.21 of the Revised Code shall be listed and assessed	58935
at an amount equal to the sum of the products determined under	58936
divisions (B)(1)(a), (b), and (c) of this section.	58937

(a) Multiply the portion of the true value determined under	58938
division (B)(1) of section 5711.21 of the Revised Code by the	58939
assessment rate in division (F) of this section;	58940

(b) Multiply the portion of the true value determined under	58941
division (B)(2) of section 5711.21 of the Revised Code by the	58942
assessment rate in section 5727.111 of the Revised Code that is	58943
applicable to the production equipment of an electric company;	58944

(c) Multiply the portion of the true value determined under	58945
division (B)(3) of section 5711.21 of the Revised Code by the	58946
assessment rate in section 5727.111 of the Revised Code that is	58947
applicable to the property of an electric company that is not	58948
production equipment.	58949

(2) Personal property leased to a public utility or	58950
interexchange telecommunications company as defined in section	58951
5727.01 of the Revised Code and used directly in the rendition of	58952
a public utility service as defined in division (P) of section	58953
5739.01 of the Revised Code shall be listed and assessed at the	58954
same percentage of true value in money that such property is	58955
required to be assessed by section 5727.111 of the Revised Code if	58956
owned by the public utility or interexchange telecommunications	58957
company.	58958

(C)(1) Merchandise or an agricultural product shipped from	58959
outside this state and held in this state in a warehouse or a	58960
place of storage without further manufacturing or processing and	58961
for storage only and for shipment outside this state, but that is	58962
taxable because it does not qualify as "not used in business in	58963
this state" under division (B)(1) or (2) of section 5701.08 of the	58964
Revised Code, shall be listed and assessed at a rate of	58965
twenty-five one-hundredths of its true value in money until	58966
reduced in accordance with the following schedule:	58967

(a) For any year, subtract five one-hundredths from the rate	58968
at which such property was required to be listed and assessed in	58969
the preceding year, if the total statewide collection of all real	58970
and tangible personal property taxes for the second preceding year	58971
exceeded the total statewide collection of all real and tangible	58972
personal property taxes for the third preceding year by more than	58973
the greater of four per cent or the rate of increase from the	58974
third to the second preceding years in the average consumer price	58975
index (all urban consumers, all items) prepared by the bureau of	58976
labor statistics of the United States department of labor;	58977

(b) If no reduction in the assessment rate is made for a	58978
year, the rate is the same as for the preceding year.	58979

(2) Each year until the year the assessment rate equals zero,	58980
the tax commissioner shall determine the assessment rate required	58981
under this division and shall notify all county auditors of that	58982
rate.	58983

(3) Notwithstanding provisions to the contrary in division	58984
(B) of section 5701.08 of the Revised Code, during and after the	58985
year for which the assessment rate as calculated under this	58986
division equals zero, any merchandise or agricultural product	58987
shipped from outside this state and held in this state in any	58988
warehouse or place of storage, whether public or private, without	58989
further manufacturing or processing and for storage only and for	58990
shipment outside this state to any person for any purpose is not	58991
used in business in this state for property tax purposes.	58992

(D)(1) Merchandise or an agricultural product owned by a	58993
qualified out-of-state person shipped from outside this state and	58994
held in this state in a public warehouse without further	58995
manufacturing or processing and for temporary storage only and for	58996
shipment inside this state, but that is taxable because it does	58997
not qualify as "not used in business in this state" under division	58998
(B)(1) or (2) of section 5701.08 of the Revised Code, shall be	58999
listed and assessed at a rate of twenty-five one-hundredths of its	59000
true value in money until reduced in accordance with the following	59001
schedule:	59002

(a) For any year, subtract five one-hundredths from the rate	59003
at which such property was required to be listed and assessed in	59004
the preceding year, if the total statewide collection of all real	59005
and tangible personal property taxes for the second preceding year	59006
exceeded the total statewide collection of all real and tangible	59007
personal property taxes for the third preceding year by more than	59008
the greater of four per cent or the rate of increase from the	59009
third to the second preceding years in the average consumer price	59010
index (all urban consumers, all items) prepared by the bureau of	59011
labor statistics of the United States department of labor;	59012

(b) If no reduction in the assessment rate is made for a	59013
year, the rate is the same as for the preceding year.	59014

(2) Each year until the year the assessment rate equals zero,	59015
the tax commissioner shall determine the assessment rate required	59016
under this division and shall notify all county auditors of that	59017
rate.	59018

(3) Notwithstanding provisions to the contrary in division	59019
(B) of section 5701.08 of the Revised Code, during and after the	59020
year for which the assessment rate as calculated under this	59021
division equals zero, any merchandise or agricultural product	59022
described in division (D)(1) of this section is not used in	59023
business in this state for property tax purposes.	59024

(4) As used in division (D) of this section:

59025

(a) "Qualified out-of-state person" means a person that does	59026
not own, lease, or use property, other than merchandise or an	59027
agricultural product described in this division, in this state,	59028
and does not have employees, agents, or representatives in this	59029
state;	59030

(b) "Public warehouse" means a warehouse in this state that	59031
is not subject to the control of or under the supervision of the	59032
owner of the merchandise or agricultural product stored in it, or	59033
staffed by the owner's employees, and from which the property is	59034
to be shipped inside this state.	59035

(E) Personal property valued pursuant to section 5711.15 of	59036
the Revised Code and personal property required to be listed on	59037
the average basis by division (A) of section 5711.16 of the	59038
Revised Code, except property described in division (C) or (D) of	59039
this section, business fixtures, and furniture not held for sale	59040
in the course of business, shall be listed and assessed at the	59041
rate of twenty-five per cent of its true value in money until	59042
reduced to zero in accordance with the following schedule:	59043

(1) Beginning in tax year 2002 and for each of tax years	59044
2003,and 2004, ~~2005, and 2006,~~ subtract one percentage point from	59045
the rate at which the property was required to be listed and	59046
assessed in the preceding year, if the total statewide collection	59047
of tangible personal property taxes for the second preceding year	59048
exceeded the total statewide collection of tangible personal	59049
property taxes for the third preceding year. If no reduction in	59050
the assessment rate is made for a year, the rate is the same as	59051
for the preceding year. ~~For purposes of this division, total~~	59052
~~statewide collection of tangible personal property taxes excludes~~	59053
~~taxes collected from public utilities and interexchange~~	59054
~~telecommunications companies on property that is determined to be~~	59055
~~taxable pursuant to section 5727.06 of the Revised Code.~~	59056

(2) In tax year ~~2007, the assessment rate shall be the lesser~~	59057
~~of twenty-four per cent or one percentage point less than the rate~~	59058
~~at which property was required to be listed and assessed the~~	59059
~~preceding year. Each~~2005 and each tax year thereafter, the	59060
assessment rate shall be reduced by ~~one~~the lesser of two	59061
percentage ~~point until it equals zero per cent not later than tax~~	59062
~~year 2031~~points or the assessment rate for the preceding year, if	59063
the total statewide collection of tangible personal property taxes	59064
for the second preceding year exceeded the total statewide	59065
collection of tangible personal property taxes for the third	59066
preceding year. If no reduction in the assessment rate is made for	59067
a year, the rate is the same as for the preceding year. During and	59068
after the tax year that the assessment rate equals zero, the	59069
property described in division (E) of this section shall not be	59070
listed for taxation.	59071

Each year until the year the assessment rate equals zero, the	59072
tax commissioner shall determine the assessment rate required	59073
under this division and shall notify all county auditors of that	59074
rate.	59075

For purposes of division (E) of this section, "total	59076
statewide collection of tangible person property taxes" excludes	59077
taxes collected from public utilities and interexchange	59078
telecommunications companies on property that is determined to be	59079
taxable pursuant to section 5727.06 of the Revised Code.	59080

(F) Unless otherwise provided by law, all other personal	59081
property used in business that has not been legally regarded as an	59082
improvement on land and considered in arriving at the value of the	59083
real property assessed for taxation shall be listed and assessed	59084
at the rate of twenty-five per cent of its true value in money.	59085

Sec. 5713.07. The county auditor, at the time of making the	59086
assessment of real property subject to taxation, shall enter in a	59087
separate list pertinent descriptions of all burying grounds,	59088
public schoolhouses, houses used exclusively for public worship,	59089
institutions of purely public charity, real property used	59090
exclusively for a home for the aged, as defined in section 5701.13	59091
of the Revised Code, ~~and~~ public buildings and property used	59092
exclusively for any public purpose, and any other property, with	59093
the lot or tract of land on which such house, institution, or	59094
public building, or other property is situated, and which ~~are~~	59095
~~exempt~~have been exempted from taxation by either the tax	59096
commissioner under section 5715.27 of the Revised Code or by the	59097
housing officer under section 3735.67 of the Revised Code. HeThe	59098
auditor shall value such houses, buildings, property, and lots and	59099
tracts of land at their taxable value in the same manner as hethe	59100
auditor is required to value other real property, designating in	59101
each case the township, municipal corporation, and number of the	59102
school district, or the name or designation of the school,	59103
religious society, or institution to which each house, lot, or	59104
tract belongs. If such property is held and used for other public	59105
purposes, hethe auditor shall state by whom or how it is held.	59106

Sec. 5713.08. (A) The county auditor shall make a list of	59107
all real and personal property in the auditor's county, including	59108
money, credits, and investments in bonds, stocks, or otherwise,	59109
which is exempted from taxation. Such list shall show the name of	59110
the owner, the value of the property exempted, and a statement in	59111
brief form of the ground on which such exemption has been granted.	59112
It shall be corrected annually by adding thereto the items of	59113
property which have been exempted during the year, and by striking	59114
therefrom the items which in the opinion of the auditor have lost	59115
their right of exemption and which have been reentered on the	59116
taxable list. No additions shall be made to such exempt lists and	59117
no additional items of property shall be exempted from taxation	59118
without the consent of the tax commissioner as is provided for in	59119
section 5715.27 of the Revised Code~~, but when~~or without the	59120
consent of the housing officer under section 3735.67 of the	59121
Revised Code. When any personal property or endowment fund of an	59122
institution has once been held by the commissioner to be properly	59123
exempt from taxation, it is not necessary to obtain the	59124
commissioner's consent to the exemption of additional property or	59125
investments of the same kind belonging to the same institution,	59126
but such property shall appear on the abstract filed annually with	59127
the commissioner. The commissioner may revise at any time the list	59128
in every county so that no property is improperly or illegally	59129
exempted from taxation. The auditor shall follow the orders of the	59130
commissioner given under this section. An abstract of such list	59131
shall be filed annually with the commissioner, on a form approved	59132
by the commissioner, and a copy thereof shall be kept on file in	59133
the office of each auditor for public inspection.	59134

The commissioner shall not consider an application for	59135
exemption of property unless the application has attached thereto	59136
a certificate executed by the county treasurer certifying one of	59137
the following:	59138

(1) That all taxes, assessments, interest, and penalties	59139
levied and assessed against the property sought to be exempted	59140
have been paid in full to the date upon which the application for	59141
exemption is filed, except for such taxes, interest, and penalties	59142
that may be remitted under division (B) of this section;	59143

(2) That the applicant has entered into a valid delinquent	59144
tax contract with the county treasurer pursuant to division (A) of	59145
section 323.31 of the Revised Code to pay all of the delinquent	59146
taxes, assessments, interest, and penalties charged against the	59147
property, except for such taxes, interest, and penalties that may	59148
be remitted under division (B) of this section. If the auditor	59149
receives notice under section 323.31 of the Revised Code that such	59150
a written delinquent tax contract has become void, the auditor	59151
shall strike such property from the list of exempted property and	59152
reenter such property on the taxable list. If property is removed	59153
from the exempt list because a written delinquent tax contract has	59154
become void, current taxes shall first be extended against that	59155
property on the general tax list and duplicate of real and public	59156
utility property for the tax year in which the auditor receives	59157
the notice required by division (A) of section 323.31 of the	59158
Revised Code that the delinquent tax contract has become void or,	59159
if that notice is not timely made, for the tax year in which falls	59160
the latest date by which the treasurer is required by such section	59161
to give such notice. A county auditor shall not remove from any	59162
tax list and duplicate the amount of any unpaid delinquent taxes,	59163
assessments, interest, or penalties owed on property that is	59164
placed on the exempt list pursuant to this division.	59165

(3) That a tax certificate has been issued under section	59166
5721.32 or 5721.33 of the Revised Code with respect to the	59167
property that is the subject of the application, and the tax	59168
certificate is outstanding.	59169

(B) Any taxes, interest, and penalties which have become a	59170
lien after the property was first used for the exempt purpose, but	59171
in no case prior to the date of acquisition of the title to the	59172
property by the applicant, may be remitted by the commissioner,	59173
except as is provided in division (A) of section 5713.081 of the	59174
Revised Code.	59175

(C) Real property acquired by the state in fee simple is	59176
exempt from taxation from the date of acquisition of title or date	59177
of possession, whichever is the earlier date, provided that all	59178
taxes, interest, and penalties as provided in the apportionment	59179
provisions of section 319.20 of the Revised Code have been paid to	59180
the date of acquisition of title or date of possession by the	59181
state, whichever is earlier. The proportionate amount of taxes	59182
that are a lien but not yet determined, assessed, and levied for	59183
the year in which the property is acquired, shall be remitted by	59184
the county auditor for the balance of the year from date of	59185
acquisition of title or date of possession, whichever is earlier.	59186
This section shall not be construed to authorize the exemption of	59187
such property from taxation or the remission of taxes, interest,	59188
and penalties thereon until all private use has terminated.	59189

Sec. 5713.081. (A) No application for real property tax	59190
exemption and tax remission shall be filed with, or considered by,	59191
the tax commissioner in which tax remission is requested for more	59192
than three tax years, and the commissioner shall not remit more	59193
than three years' ~~delinquent~~ taxes, penalties, and interest.	59194

(B) All taxes, penalties, and interest, that have been	59195
delinquent for more than three years, appearing on the general tax	59196
list and duplicate of real property which have been levied and	59197
assessed against parcels of real property owned by the state, any	59198
political subdivision, or any other entity whose ownership of real	59199
property would constitute public ownership, shall be collected by	59200
the county auditor of the county where the real property is	59201
located. Such ~~official~~auditor shall deduct from each distribution	59202
made by ~~him~~the auditor, the amount necessary to pay the tax	59203
delinquency from any revenues or funds to the credit of the state,	59204
any political subdivision, or any other entity whose ownership of	59205
real property would constitute public ownership thereof, passing	59206
under ~~his~~the auditor's control, or which come into ~~his~~the	59207
auditor's possession, and such deductions shall be made on a	59208
continuing basis until all delinquent taxes, penalties, and	59209
interest noted in this section have been paid.	59210

(C) As used in division (B) of this section, "political	59211
subdivision" includes townships, municipalities, counties, school	59212
districts, boards of education, all state and municipal	59213
universities, park boards, and any other entity whose ownership of	59214
real property would constitute public ownership.	59215

Sec. 5713.082. (A) Whenever the county auditor reenters an	59216
item of property to the tax list as provided in section 5713.08 of	59217
the Revised Code and there has been no conveyance of the property	59218
between separate entities, the auditor shall send notice by	59219
certified mail to the owner of the property that it is now subject	59220
to property taxation as a result of such action. The auditor shall	59221
send the notice at the same time hethe auditor certifies the real	59222
property tax duplicate to the county treasurer. The notice shall	59223
describe the property and indicate that the owner may reapply for	59224
tax exemption by filing an application for exemption as provided	59225
in section 5715.27 of the Revised Code, and that failure to file	59226
such an application within the proper time period will result in	59227
the owner having to pay the taxes even if the property continued	59228
to be used for an exempt purpose.	59229

(B) If the auditor failed to send the notice required by this	59230
section, and if the owner of the property subsequently files an	59231
application for tax exemption for the property for the current tax	59232
year, the tax commissioner may grant exemption to the property,	59233
and hethe commissioner shall remit all ~~unpaid~~ taxes and penalties	59234
for each prior year since the property was reentered on the tax	59235
list notwithstanding the provisions of division (A) of section	59236
5713.081 of the Revised Code.	59237

Sec. 5713.10. The county engineer shall appoint the	59238
necessary ~~draftsmen~~draftsperson and fix the salary thereof,	59239
subject to the approval of the board of county commissioners.	59240

The salaries of the assistants shall be paid out of the	59241
county treasury in the same manner as the salaries of other county	59242
officers are paid or may be paid out of the real estate assessment	59243
fund created under section 325.31 of the Revised Code.	59244

Sec. 5713.30. As used in sections 5713.31 to 5713.37 and	59245
5715.01 of the Revised Code:	59246

(A) "Land devoted exclusively to agricultural use" means:

59247

(1) Tracts, lots, or parcels of land totaling not less than	59248
ten acres that, during the three calendar years prior to the year	59249
in which application is filed under section 5713.31 of the Revised	59250
Code, and through the last day of May of such year, were devoted	59251
exclusively to commercial animal or poultry husbandry,	59252
aquaculture, apiculture, the production for a commercial purpose	59253
of timber, field crops, tobacco, fruits, vegetables, nursery	59254
stock, ornamental trees, sod, or flowers, or the growth of timber	59255
for a noncommercial purpose, if the land on which the timber is	59256
grown is contiguous to or part of a parcel of land under common	59257
ownership that is otherwise devoted exclusively to agricultural	59258
use, or were devoted to and qualified for payments or other	59259
compensation under a land retirement or conservation program under	59260
an agreement with an agency of the federal government;	59261

(2) Tracts, lots, or parcels of land totaling less than ten	59262
acres that, during the three calendar years prior to the year in	59263
which application is filed under section 5713.31 of the Revised	59264
Code and through the last day of May of such year, were devoted	59265
exclusively to commercial animal or poultry husbandry,	59266
aquaculture, apiculture, the production for a commercial purpose	59267
of field crops, tobacco, fruits, vegetables, timber, nursery	59268
stock, ornamental trees, sod, or flowers where such activities	59269
produced an average yearly gross income of at least twenty-five	59270
hundred dollars during such three-year period or where there is	59271
evidence of an anticipated gross income of such amount from such	59272
activities during the tax year in which application is made, or	59273
were devoted to and qualified for payments or other compensation	59274
under a land retirement or conservation program under an agreement	59275
with an agency of the federal government;	59276

(3) A tract, lot, or parcel of land taxed under sections	59277
5713.22 to 5713.26 of the Revised Code is not land devoted	59278
exclusively to agricultural use;	59279

(4) Tracts, lots, or parcels of land, or portions thereof	59280
~~which~~that, during the previous three consecutive calendar years	59281
have been designated as land devoted exclusively to agricultural	59282
use, but such land has been lying idle or fallow for up to one	59283
year and no action has occurred to such land that is either	59284
inconsistent with the return of it to agricultural production or	59285
converts the land devoted exclusively to agricultural use as	59286
defined in this section. Such land shall remain designated as land	59287
devoted exclusively to agricultural use provided that beyond one	59288
year, but less than three years, the landowner proves good cause	59289
as determined by the board of revision.	59290

"Land devoted exclusively to agricultural use" includes	59291
tracts, lots, or parcels of land or portions thereof that are used	59292
for conservation practices, provided that the tracts, lots, or	59293
parcels of land or portions thereof comprise twenty-five per cent	59294
or less of the total of the tracts, lots, or parcels of land that	59295
satisfy the criteria established in division (A)(1), (2), or (4)	59296
of this section together with the tracts, lots, or parcels of land	59297
or portions thereof that are used for conservation practices.	59298

(B) "Conversion of land devoted exclusively to agricultural	59299
use" means any of the following:	59300

(1) The failure of the owner of land devoted exclusively to	59301
agricultural use during the next preceding calendar year to file a	59302
renewal application under section 5713.31 of the Revised Code	59303
without good cause as determined by the board of revision;	59304

(2) The failure of the new owner of such land to file an	59305
initial application under that section without good cause as	59306
determined by the board of revision;	59307

(3) The failure of such land or portion thereof to qualify as	59308
land devoted exclusively to agricultural use for the current	59309
calendar year as requested by an application filed under such	59310
section;	59311

(4) The failure of the owner of the land described in	59312
division (A)(4) of this section to act on such land in a manner	59313
that is consistent with the return of the land to agricultural	59314
production after three years.	59315

(C) "Tax savings" means the difference between the dollar	59316
amount of real property taxes levied in any year on land valued	59317
and assessed in accordance with its current agricultural use value	59318
and the dollar amount of real property taxes ~~which~~that would have	59319
been levied upon such land if it had been valued and assessed for	59320
such year in accordance with Section 2 of Article XII, Ohio	59321
Constitution.	59322

(D) "Owner" includes, but is not limited to, any person	59323
owning a fee simple, fee tail, or life estate, or a buyer on a	59324
land installment contract.	59325

(E) "Conservation practices" includes, but is not limited to,	59326
the installation, construction, development, planting, or use of	59327
grass waterways, terraces, diversions, filter strips, field	59328
borders, windbreaks, riparian buffers, wetlands, ponds, and cover	59329
crops to abate soil erosion.	59330

(F) "Wetlands" has the same meaning as in section 6111.02 of	59331
the Revised Code.	59332

Sec. 5715.27. (A) ~~The~~Except as provided in section 3735.67	59333
of the Revised Code, the owner of any property may file an	59334
application with the tax commissioner, on forms prescribed by the	59335
commissioner, requesting that such property be exempted from	59336
taxation and that ~~unpaid~~ taxes and penalties be remitted as	59337
provided in division (B) of section 5713.08 of the Revised Code.	59338

(B) The board of education of any school district may request	59339
the tax commissioner to provide it with notification of	59340
applications for exemption from taxation for property located	59341
within that district. If so requested, the commissioner shall send	59342
to the board for the quarters ending on the last day of March,	59343
June, September, and December of each year, reports that contain	59344
sufficient information to enable the board to identify each	59345
property that is the subject of an exemption application,	59346
including, but not limited to, the name of the property owner or	59347
applicant, the address of the property, and the auditor's parcel	59348
number. The commissioner shall mail the reports on or about the	59349
fifteenth day of the month following the end of the quarter.	59350

(C) A board of education that has requested notification	59351
under division (B) of this section may, with respect to any	59352
application for exemption of property located in the district and	59353
included in the commissioner's most recent report provided under	59354
that division, file a statement with the commissioner and with the	59355
applicant indicating its intent to submit evidence and participate	59356
in any hearing on the application. The statements shall be filed	59357
prior to the first day of the third month following the end of the	59358
quarter in which that application was docketed by the	59359
commissioner. A statement filed in compliance with this division	59360
entitles the district to submit evidence and to participate in any	59361
hearing on the property and makes the district a party for	59362
purposes of sections 5717.02 to 5717.04 of the Revised Code in any	59363
appeal of the commissioner's decision to the board of tax appeals.	59364

(D) The commissioner shall not hold a hearing on or grant or	59365
deny an application for exemption of property in a school district	59366
whose board of education has requested notification under division	59367
(B) of this section until the end of the period within which the	59368
board may submit a statement with respect to that application	59369
under division (C) of this section. The commissioner may act upon	59370
an application at any time prior to that date upon receipt of a	59371
written waiver from each such board of education, or, in the case	59372
of exemptions authorized by section 725.02, 1728.10, ~~3735.67,~~	59373
5709.41, 5709.62, or 5709.63 of the Revised Code, upon the request	59374
of the property owner. Failure of a board of education to receive	59375
the report required in division (B) of this section shall not void	59376
an action of the commissioner with respect to any application. The	59377
commissioner may extend the time for filing a statement under	59378
division (C) of this section.	59379

(E) A complaint may also be filed with the commissioner by	59380
any person, board, or officer authorized by section 5715.19 of the	59381
Revised Code to file complaints with the county board of revision	59382
against the continued exemption of any property granted exemption	59383
by the commissioner under this section.	59384

(F) An application for exemption and a complaint against	59385
exemption shall be filed prior to the thirty-first day of December	59386
of the tax year for which exemption is requested or for which the	59387
liability of ~~any~~the property to taxation in that year is	59388
requested. The commissioner shall consider such application or	59389
complaint in accordance with procedures established by the	59390
commissioner, determine whether the property is subject to	59391
taxation or exempt therefrom, and certify the commissioner's	59392
findings to the auditor, who shall correct the tax list and	59393
duplicate accordingly. If a tax certificate has been sold under	59394
section 5721.32 or 5721.33 of the Revised Code with respect to	59395
property for which an exemption has been requested, the tax	59396
commissioner shall also certify the findings to the county	59397
treasurer of the county in which the property is located.	59398

(G) Applications and complaints, and documents of any kind	59399
related to applications and complaints, filed with the tax	59400
commissioner under this section, are public records within the	59401
meaning of section 149.43 of the Revised Code.	59402

(H) If the commissioner determines that the use of property	59403
or other facts relevant to the taxability of property that is the	59404
subject of an application for exemption or a complaint under this	59405
section has changed while the application or complaint was	59406
pending, the commissioner may make the determination under	59407
division (F) of this section separately for each tax year	59408
beginning with the year in which the application or complaint was	59409
filed or the year for which remission of ~~unpaid~~ taxes under	59410
division (B) of section 5713.08 of the Revised Code was requested,	59411
and including each subsequent tax year during which the	59412
application or complaint is pending before the commissioner.	59413

Sec. 5717.011. (A) As used in this chapter, "tax	59414
administrator" has the same meaning as in section 718.01 of the	59415
Revised Code.	59416

(B) Appeals from a municipal board of appeal created under	59417
section 718.11 of the Revised Code may be taken by the taxpayer to	59418
the board of tax appeals or may be taken by the taxpayer to a	59419
court of common pleas as otherwise provided by law. If the	59420
taxpayer elects to make its appeal to the board of tax appeals,	59421
the appeal shall be taken by the filing of a notice of appeal with	59422
the board of tax appeals, the municipal board of appeal, and the	59423
tax administrator. The notice of appeal shall be filed within	59424
sixty days after the day the taxpayer receives notice of the	59425
decision issued under section 718.11 of the Revised Code. The	59426
notice of appeal may be filed in person or by certified mail,	59427
express mail, or authorized delivery service as provided in	59428
section 5703.056 of the Revised Code. If the notice of appeal is	59429
filed by certified mail, express mail, or authorized delivery	59430
service as provided in section 5703.056 of the Revised Code, the	59431
date of the United States postmark placed on the sender's receipt	59432
by the postal service or the date of receipt recorded by the	59433
authorized delivery service shall be treated as the date of	59434
filing. The notice of appeal shall have attached thereto and	59435
incorporated therein by reference a true copy of the decision	59436
issued under section 718.11 of the Revised Code to the taxpayer	59437
and shall specify the errors therein complained of, but failure to	59438
attach a copy of such notice and incorporate it by reference in	59439
the notice of appeal does not invalidate the appeal.	59440

(C) Upon the filing of a notice of appeal, the municipal	59441
board of appeal shall certify to the board of tax appeals a	59442
transcript of the record of the proceedings before it, together	59443
with all evidence considered by it in connection therewith. Such	59444
appeals may be heard by the board at its office in Columbus or in	59445
the county where the appellant resides, or it may cause its	59446
examiners to conduct such hearings and to report to it their	59447
findings for affirmation or rejection. The board may order the	59448
appeal to be heard upon the record and the evidence certified to	59449
it by the administrator, but upon the application of any	59450
interested party the board shall order the hearing of additional	59451
evidence, and the board may make such investigation concerning the	59452
appeal as it considers proper.	59453

Sec. 5717.03. (A) A decision of the board of tax appeals on	59454
an appeal filed with it pursuant to section 5717.01, 5717.011, or	59455
5717.02 of the Revised Code shall be entered of record on the	59456
journal together with the date when the order is filed with the	59457
secretary for journalization.	59458

(B) In case of an appeal from a decision of a county board of	59459
revision, the board of tax appeals shall determine the taxable	59460
value of the property whose valuation or assessment by the county	59461
board of revision is complained of, or in the event the complaint	59462
and appeal is against a discriminatory valuation, shall determine	59463
a valuation which shall correct such discrimination, and shall	59464
determine the liability of the property for taxation, if that	59465
question is in issue, and ~~its~~the board of tax appeals's decision	59466
and the date when it was filed with the secretary for	59467
journalization shall be certified by itthe board by certified	59468
mail to all persons who were parties to the appeal before itthe	59469
board, to the person in whose name the property is listed, or	59470
sought to be listed, if such person is not a party to the appeal,	59471
to the county auditor of the county in which the property involved	59472
in the appeal is located, and to the tax commissioner.	59473

In correcting a discriminatory valuation, the board of tax	59474
appeals shall increase or decrease the value of the property whose	59475
valuation or assessment by the county board of revision is	59476
complained of by a per cent or amount which will cause such	59477
property to be listed and valued for taxation by an equal and	59478
uniform rule.	59479

(C) In the case of an appeal from a review, redetermination,	59480
or correction of a tax assessment, valuation, determination,	59481
finding, computation, or order of the tax commissioner, the order	59482
of the board of tax appeals and the date of the entry thereof upon	59483
its journal shall be certified by itthe board by certified mail	59484
to all persons who were parties to the appeal before itthe board,	59485
the person in whose name the property is listed or sought to be	59486
listed, if the decision determines the valuation or liability of	59487
property for taxation and if such person is not a party to the	59488
appeal, the taxpayer or other person to whom notice of the tax	59489
assessment, valuation, determination, finding, computation, or	59490
order, or correction or redetermination thereof, by the tax	59491
commissioner was by law required to be given, the director of	59492
budget and management, if the revenues affected by such decision	59493
would accrue primarily to the state treasury, and the county	59494
auditors of the counties to the undivided general tax funds of	59495
which the revenues affected by such decision would primarily	59496
accrue.	59497

(D) In the case of an appeal from a municipal board of appeal	59498
created under section 718.11 of the Revised Code, the order of the	59499
board of tax appeals and the date of the entry thereof upon the	59500
board's journal shall be certified by the board by certified mail	59501
to all persons who were parties to the appeal before the board.	59502

(E) In the case of all other appeals or applications filed	59503
with and determined by the board ~~its~~, the board's order and the	59504
date when itthe order was filed by the secretary for	59505
journalization shall be certified by itthe board by certified	59506
mail to the person who is a party to such appeal or application,	59507
to such persons as the law requires, and to such other persons as	59508
the board deems proper.	59509

(F) The orders of the board may affirm, reverse, vacate,	59510
modify, or remand the tax assessments, valuations, determinations,	59511
findings, computations, or orders complained of in the appeals	59512
determined by itthe board, and ~~its~~the board's decision shall	59513
become final and conclusive for the current year unless reversed,	59514
vacated, or modified as provided in section 5717.04 of the Revised	59515
Code. When an order of the board becomes final the tax	59516
commissioner and all officers to whom such decision has been	59517
certified shall make the changes in their tax lists or other	59518
records which the decision requires.	59519

(G) If the board finds that issues not raised on the appeal	59520
are important to a determination of a controversy, itthe board	59521
may remand the cause for an administrative determination and the	59522
issuance of a new tax assessment, valuation, determination,	59523
finding, computation, or order, unless the parties stipulate to	59524
the determination of such other issues without remand. An order	59525
remanding the cause is a final order, which may be appealed to the	59526
court of appeals in Franklin county.	59527

Sec. 5719.07. Subject to the rules prescribed by the tax	59528
commissioner, a county treasurer charged with the collection of	59529
delinquent taxes may issue a certificate of release of the lien	59530
provided for in section 5719.04 of the Revised Code if the amount	59531
secured thereby has been paid or omitted from the delinquent tax	59532
list and duplicate pursuant to section 5719.06 of the Revised	59533
Code. The treasurer shall issue a certificate of partial discharge	59534
of any part of the real property subject to the lien ~~if he finds~~	59535
after finding that the value of the part of the property remaining	59536
subject to the lien is at least double the amount of the	59537
delinquent taxes and all prior liens upon such real property. Such	59538
certificate shall be filed and recorded with the county recorder	59539
of the county in which the notice of lien has been filed, for	59540
which recording the recorder shall charge a base fee of two	59541
dollars for services and a housing trust fund fee of two dollars	59542
pursuant to section 317.36 of the Revised Code.	59543

Sec. 5727.111. The taxable property of each public utility,	59544
except a railroad company, and of each interexchange	59545
telecommunications company shall be assessed at the following	59546
percentages of true value:	59547

(A)(1) Except as provided in division (A)(2) of this section,	59548
fifty per cent in the case of a rural electric company;	59549

(2) For tax year 2001 and thereafter, fifty per cent in the	59550
case of the taxable transmission and distribution property of a	59551
rural electric company, and twenty-five per cent for all its other	59552
taxable property;	59553

(B) In the case of a telephone or telegraph company,	59554
twenty-five per cent for taxable property first subject to	59555
taxation in this state for tax year 1995 or thereafter, and	59556
~~eighty-eight per cent~~the following for all other taxable	59557
property;:	59558

(1) For tax years prior to 2005, eighty-eight per cent;

59559

(2) For tax year 2005, sixty-seven per cent;

59560

(3) For tax year 2006, forty-six per cent;

59561

(4) For tax year 2007 and thereafter, twenty-five per cent.

59562

(C)~~(1) Except as provided in division (C)(2) of this section,~~	59563
~~eighty-eight per cent in the case of a natural gas company;~~	59564

~~(2) For tax year 2001 and thereafter, twenty-five~~Twenty-five	59565
per cent in the case of a natural gas company.	59566

(D) Eighty-eight per cent in the case of a pipe-line,	59567
water-works, or heating company;	59568

(E)(1) Except as provided in division (E)(2) or (3) of this	59569
section, one hundred per cent in the case of the taxable	59570
production equipment of an electric company and eighty-eight per	59571
cent for all its other taxable property;	59572

(2) For tax year 2001 and thereafter, eighty-eight per cent	59573
in the case of the taxable transmission and distribution property	59574
of an electric company, and twenty-five per cent for all its other	59575
taxable property;	59576

(3) Property listed and assessed under divisions (B)(1) and	59577
(2) of section 5711.22 of the Revised Code and leased to an	59578
electric company shall continue to be assessed at one hundred per	59579
cent for production equipment and eighty-eight per cent for all	59580
such other taxable property until January 1, 2002.	59581

(F) Twenty-five per cent in the case of an interexchange	59582
telecommunications company;	59583

(G) Twenty-five per cent in the case of a water	59584
transportation company.	59585

Sec. 5727.30. (A) Except as provided in divisions (B) ~~and~~,	59586
(C), and (D) of this section, each public utility, except railroad	59587
companies, shall be subject to an annual excise tax, as provided	59588
by sections 5727.31 to 5727.62 of the Revised Code, for the	59589
privilege of owning property in this state or doing business in	59590
this state during the twelve-month period next succeeding the	59591
period upon which the tax is based. The tax shall be imposed	59592
against each such public utility that, on the first day of such	59593
twelve-month period, owns property in this state or is doing	59594
business in this state, and the lien for the tax, including any	59595
penalties and interest accruing thereon, shall attach on such day	59596
to the property of the public utility in this state.	59597

(B) An electric company's or a rural electric company's gross	59598
receipts received after April 30, 2001, are not subject to the	59599
annual excise tax imposed by this section.	59600

(C) A natural gas company's gross receipts received after	59601
April 30, 2000, are not subject to the annual excise tax imposed	59602
by this section.	59603

(D) A telephone company's gross receipts billed to customers	59604
after June 30, 2004, are not subject to the annual excise tax	59605
imposed by this section. Notwithstanding any other provision of	59606
law, gross receipts billed by a telephone company to customers	59607
prior to July 1, 2004, shall be included in the telephone	59608
company's annual statement filed on or before August 1, 2004,	59609
which shall be the last statement or report filed under section	59610
5727.31 of the Revised Code by a telephone company. A telephone	59611
company shall not deduct from its gross receipts included in that	59612
last statement any receipts it was unable to collect from its	59613
customers for the period of July 1, 2003, to June 30, 2004.	59614

Sec. 5727.32. (A) For the purpose of the tax imposed by	59615
section 5727.30 of the Revised Code, the statement required by	59616
section 5727.31 of the Revised Code shall contain:	59617

(1) The name of the company;

59618

(2) The nature of the company, whether a person, association,	59619
or corporation, and under the laws of what state or country	59620
organized;	59621

(3) The location of its principal office;

59622

(4) The name and post-office address of the president,	59623
secretary, auditor, treasurer, and superintendent or general	59624
manager;	59625

(5) The name and post-office address of the chief officer or	59626
managing agent of the company in this state;	59627

(6) The amount of the excise taxes paid or to be paid with	59628
the reports made during the current calendar year as provided by	59629
section 5727.31 of the Revised Code;	59630

(7) In the case of telegraph ~~and telephone~~ companies:

59631

(a) The gross receipts from all sources, whether messages,	59632
telephone tolls, rentals, or otherwise, for business done within	59633
this state, including all sums earned or charged, whether actually	59634
received or not, for the year ending on the thirtieth day of June,	59635
and the company's proportion of gross receipts for business done	59636
by it within this state in connection with other companies, firms,	59637
corporations, persons, or associations, but excluding all of the	59638
following:	59639

(i) All of the receipts derived wholly from interstate	59640
business or business done for or with the federal government;	59641

(ii) The receipts of amounts billed on behalf of other	59642
entities;	59643

~~(iii) The receipts from sales to other telephone companies~~	59644
~~for resale;~~	59645

~~(iv) The receipts from sales to providers of~~	59646
~~telecommunications service for resale, receipts from incoming or~~	59647
~~outgoing wide area transmission service or wide area transmission~~	59648
~~type service, including eight hundred or eight-hundred-type~~	59649
~~service, and receipts from private communications service.~~	59650

~~As used in this division, "receipts from sales to other~~	59651
~~telephone companies for resale" and "receipts from sales to~~	59652
~~providers of telecommunications service for resale" include but~~	59653
~~are not limited to, receipts of carrier access charges. "Carrier~~	59654
~~access charges" means compensation paid to the taxpayer telephone~~	59655
~~company by another telephone company or by a provider of~~	59656
~~telecommunications service for the use of the taxpayer's~~	59657
~~facilities to originate or terminate telephone calls or~~	59658
~~telecommunications service.~~	59659

(b) The total gross receipts for such period from business	59660
done within this state.	59661

(8) In the case of all public utilities subject to the tax	59662
imposed by section 5727.30 of the Revised Code, except telegraph	59663
~~and telephone~~ companies:	59664

(a) The gross receipts of the company, actually received,	59665
from all sources for business done within this state for the year	59666
next preceding the first day of May, including the company's	59667
proportion of gross receipts for business done by it within this	59668
state in connection with other companies, firms, corporations,	59669
persons, or associations, but excluding ~~all~~both of the following:	59670

(i) Receipts from interstate business or business done for	59671
the federal government;	59672

(ii) Receipts from sales to another public utility for	59673
resale, provided such other public utility is subject to the tax	59674
levied by section 5727.24 or 5727.30 of the Revised Code;	59675

(iii) ~~Receipts from the transmission or delivery of~~	59676
~~electricity to or for a rural electric company, provided that the~~	59677
~~electricity that has been so transmitted or delivered is for~~	59678
~~resale by the rural electric company. This division does not apply~~	59679
~~to tax years 2002 and thereafter.~~	59680

~~(iv) Receipts of an electric company, derived from the~~	59681
~~provision of electricity and other services to a qualified former~~	59682
~~owner of the production facilities that generated the electricity~~	59683
~~from which those receipts were derived. This division does not~~	59684
~~apply to tax years 2002 and thereafter. As used in this division,~~	59685
~~a "qualified former owner" means a person who meets both of the~~	59686
~~following conditions:~~	59687

~~(I) On or before October 11, 1991, the person had sold to an~~	59688
~~electric company part of the production facility at which the~~	59689
~~electricity is generated, and, for at least twenty years prior to~~	59690
~~that sale, the facility was used to generate electricity, but it~~	59691
~~was not owned in whole or in part during that period by an~~	59692
~~electric company.~~	59693

~~(II) At the time the electric company provided the~~	59694
~~electricity or other services for which the exclusion is claimed,~~	59695
~~the person, or a successor or assign of the person, owned not less~~	59696
~~than twenty per cent of the production facility and the rights to~~	59697
~~not less than twenty per cent of the production of that facility;~~	59698
~~and the person, or a successor or assign of the person, engaged~~	59699
~~primarily in a business other than providing electricity to~~	59700
~~others.~~	59701

~~(v)~~ Receipts of a combined company derived from operating as	59702
a natural gas company that is subject to the tax imposed by	59703
section 5727.24 of the Revised Code.	59704

(b) The total gross receipts of the company, for the year	59705
next preceding the first day of May, in this state from business	59706
done within the state.	59707

(B) The reports required by section 5727.31 of the Revised	59708
Code shall contain:	59709

(1) The name and principal mailing address of the company;

59710

(2) The total amount of the gross receipts excise taxes	59711
charged or levied as based upon its last preceding annual	59712
statement filed prior to the first day of January of the year in	59713
which such report is filed;	59714

(3) The amount of the excise taxes due with the report as	59715
provided by section 5727.31 of the Revised Code.	59716

Sec. 5727.33. (A) For the purpose of computing the excise	59717
tax imposed by section 5727.24 or 5727.30 of the Revised Code, the	59718
entire gross receipts actually received from all sources for	59719
business done within this state are taxable gross receipts,	59720
excluding the receipts described in divisions (B), (C), and (D),	59721
~~and (E)~~ of this section. The gross receipts for the tax year of	59722
each telegraph ~~and telephone~~ company shall be computed for the	59723
period of the first day of July prior to the tax year to the	59724
thirtieth day of June of the tax year. The gross receipts of each	59725
natural gas company, including a combined company's taxable gross	59726
receipts attributed to a natural gas company activity, shall be	59727
computed in the manner required by section 5727.25 of the Revised	59728
Code. The gross receipts for the tax year of any other public	59729
utility subject to section 5727.30 of the Revised Code shall be	59730
computed for the period of the first day of May prior to the tax	59731
year to the thirtieth day of April of the tax year.	59732

(B) In ascertaining and determining the gross receipts of	59733
each public utility subject to this section, the following gross	59734
receipts are excluded:	59735

(1) All receipts derived wholly from interstate business;

59736

(2) All receipts derived wholly from business done for or	59737
with the federal government;	59738

(3) ~~All receipts derived wholly from the transmission or~~	59739
~~delivery of electricity to or for a rural electric company,~~	59740
~~provided that the electricity that has been so transmitted or~~	59741
~~delivered is for resale by the rural electric company. This~~	59742
~~division does not apply to tax years 2002 and thereafter.~~	59743

~~(4)~~ All receipts from the sale of merchandise;

59744

~~(5)~~(4) All receipts from sales to other public utilities,	59745
except railroad,and telegraph~~, and telephone~~ companies, for	59746
resale, provided the other public utility is subject to the tax	59747
levied by section 5727.24 or 5727.30 of the Revised Code.	59748

~~(C) In ascertaining and determining the gross receipts of a~~	59749
~~telephone company, the following gross receipts are excluded:~~	59750

~~(1) Receipts of amounts billed on behalf of other entities;~~

59751

~~(2) Receipts from sales to other telephone companies for~~	59752
~~resale, as defined in division (A)(7) of section 5727.32 of the~~	59753
~~Revised Code;~~	59754

~~(3) Receipts from incoming or outgoing wide area transmission~~	59755
~~service or wide area transmission type service, including eight~~	59756
~~hundred or eight-hundred-type service;~~	59757

~~(4) Receipts from private communications service as described~~	59758
~~in division (AA)(2) of section 5739.01 of the Revised Code;~~	59759

~~(5) Receipts from sales to providers of telecommunications~~	59760
~~service for resale, as defined in division (A)(7) of section~~	59761
~~5727.32 of the Revised Code.~~	59762

~~(D) In ascertaining and determining the gross receipts of an~~	59763
~~electric company, receipts derived from the provision of~~	59764
~~electricity and other services to a qualified former owner of the~~	59765
~~production facilities that generated the electricity from which~~	59766
~~those receipts were derived are excluded. This division does not~~	59767
~~apply to tax years 2002 and thereafter. As used in this division,~~	59768
~~a "qualified former owner" means a person who meets both of the~~	59769
~~following conditions:~~	59770

~~(1) On or before October 11, 1991, the person had sold to an~~	59771
~~electric company part of the production facility at which the~~	59772
~~electricity is generated, and, for at least twenty years prior to~~	59773
~~that sale, the facility was used to generate electricity, but it~~	59774
~~was not owned in whole or part during that period by an electric~~	59775
~~company.~~	59776

~~(2) At the time the electric company provided the electricity~~	59777
~~or other services for which the exclusion is claimed, the person,~~	59778
~~or a successor or assign of the person, owned not less than a~~	59779
~~twenty per cent ownership of the production facility and the~~	59780
~~rights to not less than twenty per cent of the production of that~~	59781
~~facility.~~	59782

~~(E)~~(C) In ascertaining and determining the gross receipts of	59783
a natural gas company, receipts billed on behalf of other entities	59784
are excluded. The tax imposed by section 5729.811 of the Revised	59785
Code, along with transportation and billing and collection fees	59786
charged to other entities, shall be included in the gross receipts	59787
of a natural gas company.	59788

~~(F)~~(D) In ascertaining and determining the gross receipts of	59789
a combined company subject to the tax imposed by section 5727.30	59790
of the Revised Code, all receipts derived from operating as a	59791
natural gas company that are subject to the tax imposed by section	59792
5727.24 of the Revised Code are excluded.	59793

~~(G)~~(E) Except as provided in division ~~(H)~~(F) of this section,	59794
the amount ascertained by the commissioner under this section,	59795
less a deduction of twenty-five thousand dollars, shall be the	59796
taxable gross receipts of such companies for business done within	59797
this state for that year.	59798

~~(H)~~(F) The amount ascertained under this section, less the	59799
following deduction, shall be the taxable gross receipts of a	59800
natural gas company or combined company subject to the tax imposed	59801
by section 5727.24 of the Revised Code for business done within	59802
this state:	59803

(1) For a natural gas company that files quarterly returns of	59804
the tax imposed by section 5727.24 of the Revised Code, six	59805
thousand two hundred fifty dollars for each quarterly return;	59806

(2) For a natural gas company that files an annual return of	59807
the tax imposed by section 5727.24 of the Revised Code,	59808
twenty-five thousand dollars for each annual return;	59809

(3) For a combined company, twenty-five thousand dollars on	59810
the annual statement filed under section 5727.31 of the Revised	59811
Code. A combined company shall not be entitled to a deduction in	59812
computing gross receipts subject to the tax imposed by section	59813
5727.24 of the Revised Code.	59814

Sec. 5727.56. Any public utility whose articles of	59815
incorporation or license certificate to do or transact business in	59816
this state has expired or has been canceled or revoked by the	59817
secretary of state, as provided by law for failure to make any	59818
report or return or to pay any tax or fee, upon payment to the	59819
secretary of state of any additional fees and penalties required	59820
to be paid to ~~him~~the secretary of state, and upon the filing with	59821
the secretary of state of a certificate from the tax commissioner	59822
that it has complied with all the requirements of law as to	59823
franchise or excise tax reports and paid all franchise or excise	59824
taxes, fees, or penalties due thereon for every year of its	59825
delinquency, and upon the payment to the secretary of state of an	59826
additional fee of ten dollars, shall be reinstated and again	59827
entitled to exercise its rights, privileges, and franchises in	59828
this state, and the secretary of state shall cancel the entry of	59829
cancellation or expiration to exercise its rights, privileges, and	59830
franchises. If the reinstatement is not made within one year from	59831
the date of the cancellation of its articles of incorporation or	59832
date of the cancellation or expiration of its license to do	59833
business, and it appears that articles of incorporation or license	59834
certificate have been issued to a corporation of the same or	59835
similar name, the applicant for reinstatement shall be required by	59836
the secretary of state, as a condition prerequisite to such	59837
reinstatement, to amend its articles by changing its name. A	59838
certificate of reinstatement may be filed in the county recorder's	59839
office of any county in the state, for which the recorder shall	59840
charge and collect a base fee of three dollars for services and a	59841
housing trust fund fee of three dollars pursuant to section 317.36	59842
of the Revised Code.	59843

If a domestic public utility applying for reinstatement has	59844
not previously designated an agent upon whom process may be served	59845
as required by section 1701.07 of the Revised Code, such public	59846
utility shall at the time of reinstatement and as a prerequisite	59847
thereto designate an agent in accordance with such section.	59848

Any officer, shareholder, creditor, or receiver of any such	59849
public utility may at any time take all steps required by this	59850
section to effect such reinstatement, and in such case the	59851
designation of an agent upon whom process may be served shall not	59852
be a prerequisite to the reinstatement of the public utility.	59853

Sec. 5728.04. (A) It is unlawful for any person to operate a	59854
commercial car with three or more axles when operated alone or as	59855
part of a commercial tandem, a commercial car with two axles that	59856
is to be operated as part of a commercial tandem with a gross	59857
vehicle weight or a registered gross vehicle weight exceeding	59858
twenty-six thousand pounds, or a commercial tractor when operated	59859
alone or as part of a commercial tractor combination or commercial	59860
tandem on a public highway ~~without~~under either of the following	59861
circumstances:	59862

(1) Without a ~~valid~~ fuel use permit for such commercial car	59863
or commercial tractor.	59864

(2) With a suspended or surrendered fuel use permit for such	59865
commercial car or commercial tractor.	59866

(B) The judge or magistrate of any court finding any person	59867
guilty of unlawfully operating a commercial car or commercial	59868
tractor as provided for in this section shall immediately notify	59869
the tax commissioner of such violation and shall transmit to the	59870
tax commissioner the name and the permanent address of the owner	59871
of the commercial car or commercial tractor operated in violation	59872
of this section, the registration number, the state of	59873
registration, and the certificate of title number of the	59874
commercial car or commercial tractor. The commercial car or	59875
commercial tractor involved in a violation of division (A)(1) or	59876
(2) of this section may be detained until a valid fuel use permit	59877
is obtained or reinstated.	59878

Sec. 5728.06. (A) For the following purposes, an excise tax	59879
is hereby imposed on the use of motor fuel to operate on the	59880
public highways of this state a commercial car with three or more	59881
axles operated alone or as part of a commercial tandem, a	59882
commercial car with two axles operated as part of a commercial	59883
tandem having a gross vehicle weight or registered gross vehicle	59884
weight exceeding twenty-six thousand pounds, or a commercial	59885
tractor operated alone or as part of a commercial tractor	59886
combination or commercial tandem: to provide revenue for	59887
maintaining the state highway system, to widen existing surfaces	59888
on such highways, to resurface such highways, to enable the	59889
counties of the state properly to plan for, maintain, and repair	59890
their roads, to enable the municipal corporations to plan,	59891
construct, reconstruct, repave, widen, maintain, repair, clear,	59892
and clean public highways, roads, and streets; to pay that portion	59893
of the construction cost of a highway project that a county,	59894
township, or municipal corporation normally would be required to	59895
pay, but that the director of transportation, pursuant to division	59896
(B) of section 5531.08 of the Revised Code, determines instead	59897
will be paid from moneys in the highway operating fund; to	59898
maintain and repair bridges and viaducts; to purchase, erect, and	59899
maintain street and traffic signs and markers; to purchase, erect,	59900
and maintain traffic lights and signals; to pay the costs	59901
apportioned to the public under section 4907.47 of the Revised	59902
Code; and to supplement revenue already available for such	59903
purposes, to distribute equitably among those persons using the	59904
privilege of driving motor vehicles upon such highways and streets	59905
the cost of maintaining and repairing the same, and to pay the	59906
interest, principal, and charges on bonds and other obligations	59907
issued pursuant to Section 2i of Article VIII, Ohio Constitution,	59908
and sections 5528.30 and 5528.31 of the Revised Code. The tax is	59909
imposed in the same amount as the motor fuel tax imposed under	59910
Chapter 5735. of the Revised Code plus an additional tax of three	59911
cents per gallon of motor fuel used before July 1, 2004, ~~and an~~	59912
provided that the additional tax ofshall be reduced to two cents	59913
per gallon of motor fuel used ~~before~~from July 1, 2004 through	59914
June 30, 2005, as determined by the gallons consumed while	59915
operated on the public highways of this state. Subject to section	59916
5735.292 of the Revised Code, on and after July 1, 2005, the tax	59917
shall be imposed in the same amount as the motor fuel tax imposed	59918
under Chapter 5735. of the Revised Code. Payment of the fuel use	59919
tax shall be made by the purchase of motor fuel within Ohio of	59920
such gallons as is equivalent to the gallons consumed while	59921
operating such a motor vehicle on the public highways of this	59922
state, or by direct remittance to the treasurer of state with the	59923
fuel use tax return filed pursuant to section 5728.08 of the	59924
Revised Code.	59925

Any person subject to the tax imposed under this section who	59926
purchases motor fuel in this state for use in another state in	59927
excess of the amount consumed while operating such motor vehicle	59928
on the public highways of this state shall be allowed a credit	59929
against the tax imposed by this section or a refund equal to the	59930
motor fuel tax paid to this state on such excess. No such credit	59931
or refund shall be allowed for taxes paid to any state that	59932
imposes a tax on motor fuel purchased or obtained in this state	59933
and used on the highways of such other state but does not allow a	59934
similar credit or refund for the tax paid to this state on motor	59935
fuel purchased or acquired in the other state and used on the	59936
public highways of this state.	59937

The tax commissioner is authorized to determine whether such	59938
credits or refunds are available and to prescribe such rules as	59939
are required for the purpose of administering this chapter.	59940

(B) Within sixty days after the last day of each month, the	59941
tax commissioner shall determine the amount of motor fuel tax	59942
allowed as a credit against the tax imposed by this section. The	59943
commissioner shall certify the amount to the director of budget	59944
and management and the treasurer of state, who shall credit the	59945
amount in accordance with section 5728.08 of the Revised Code from	59946
current revenue arising from the tax levied by section 5735.05 of	59947
the Revised Code.	59948

(C) The owner of each commercial car and commercial tractor	59949
subject to sections 5728.01 to 5728.14 of the Revised Code is	59950
liable for the payment of the full amount of the taxes imposed by	59951
this section.	59952

An owner who is a person regularly engaged, for compensation,	59953
in the business of leasing or renting motor vehicles without	59954
furnishing drivers may designate that the lessee of a motor	59955
vehicle leased for a period of thirty days or more shall report	59956
and pay the tax incurred during the duration of the lease. An	59957
owner who is an independent contractor that furnishes both the	59958
driver and motor vehicle, may designate that the person so	59959
furnished with the driver and motor vehicle for a period of thirty	59960
days or more shall report and pay the tax incurred during that	59961
period. An independent contractor that is not an owner, but that	59962
furnishes both the driver and motor vehicle and that has been	59963
designated by the owner of the motor vehicle to report and pay the	59964
tax, may designate that the person so furnished with driver and	59965
motor vehicle for a period of thirty days or more shall report and	59966
pay the tax incurred during that period.	59967

Sec. 5728.99. (A)(1) Except as provided in division (A)(2)	59968
of this section, whoever violates any provision of sections	59969
5728.01 to 5728.14 of the Revised Code, or any rule promulgated by	59970
the tax commissioner under the authority of any provision of those	59971
sections, for the violation of which no penalty is provided	59972
elsewhere, shall be fined not less than twenty-five nor more than	59973
one hundred dollars.	59974

(2) Division (A)(1) of this section does not apply to the	59975
filing of any false or fraudulent return, application, or permit	59976
under section 5728.02, 5728.03, or 5728.08 of the Revised Code.	59977
The filing of any false or fraudulent return, application, or	59978
permit under any of those sections is a violation of section	59979
2921.13 of the Revised Code.	59980

(B)(1) Whoever violates division (A)(1) of section 5728.04 of	59981
the Revised Code is guilty of a misdemeanor of the fourth degree.	59982

(2) Whoever violates division (A)(2) of section 5728.04 of	59983
the Revised Code is guilty of a felony of the fifth degree.	59984

Sec. 5733.04. As used in this chapter:

59985

(A) "Issued and outstanding shares of stock" applies to	59986
nonprofit corporations, as provided in section 5733.01 of the	59987
Revised Code, and includes, but is not limited to, membership	59988
certificates and other instruments evidencing ownership of an	59989
interest in such nonprofit corporations, and with respect to a	59990
financial institution that does not have capital stock, "issued	59991
and outstanding shares of stock" includes, but is not limited to,	59992
ownership interests of depositors in the capital employed in such	59993
an institution.	59994

(B) "Taxpayer" means a corporation subject to the tax imposed	59995
by section 5733.06 of the Revised Code.	59996

(C) "Resident" means a corporation organized under the laws	59997
of this state.	59998

(D) "Commercial domicile" means the principal place from	59999
which the trade or business of the taxpayer is directed or	60000
managed.	60001

(E) "Taxable year" means the period prescribed by division	60002
(A) of section 5733.031 of the Revised Code upon the net income of	60003
which the value of the taxpayer's issued and outstanding shares of	60004
stock is determined under division (B) of section 5733.05 of the	60005
Revised Code or the period prescribed by division (A) of section	60006
5733.031 of the Revised Code that immediately precedes the date as	60007
of which the total value of the corporation is determined under	60008
division (A) or (C) of section 5733.05 of the Revised Code.	60009

(F) "Tax year" means the calendar year in and for which the	60010
tax imposed by section 5733.06 of the Revised Code is required to	60011
be paid.	60012

(G) "Internal Revenue Code" means the "Internal Revenue Code	60013
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	60014

(H) "Federal income tax" means the income tax imposed by the	60015
Internal Revenue Code.	60016

(I) Except as provided in section 5733.058 of the Revised	60017
Code, "net income" means the taxpayer's taxable income before	60018
operating loss deduction and special deductions, as required to be	60019
reported for the taxpayer's taxable year under the Internal	60020
Revenue Code, subject to the following adjustments:	60021

(1)(a) Deduct any net operating loss incurred in any taxable	60022
years ending in 1971 or thereafter, but exclusive of any net	60023
operating loss incurred in taxable years ending prior to January	60024
1, 1971. This deduction shall not be allowed in any tax year	60025
commencing before December 31, 1973, but shall be carried over and	60026
allowed in tax years commencing after December 31, 1973, until	60027
fully utilized in the next succeeding taxable year or years in	60028
which the taxpayer has net income, but in no case for more than	60029
the designated carryover period as described in division (I)(1)(b)	60030
of this section. The amount of such net operating loss, as	60031
determined under the allocation and apportionment provisions of	60032
section 5733.051 and division (B) of section 5733.05 of the	60033
Revised Code for the year in which the net operating loss occurs,	60034
shall be deducted from net income, as determined under the	60035
allocation and apportionment provisions of section 5733.051 and	60036
division (B) of section 5733.05 of the Revised Code, to the extent	60037
necessary to reduce net income to zero with the remaining unused	60038
portion of the deduction, if any, carried forward to the remaining	60039
years of the designated carryover period as described in division	60040
(I)(1)(b) of this section, or until fully utilized, whichever	60041
occurs first.	60042

(b) For losses incurred in taxable years ending on or before	60043
December 31, 1981, the designated carryover period shall be the	60044
five consecutive taxable years after the taxable year in which the	60045
net operating loss occurred. For losses incurred in taxable years	60046
ending on or after January 1, 1982, and beginning before August 6,	60047
1997, the designated carryover period shall be the fifteen	60048
consecutive taxable years after the taxable year in which the net	60049
operating loss occurs. For losses incurred in taxable years	60050
beginning on or after August 6, 1997, the designated carryover	60051
period shall be the twenty consecutive taxable years after the	60052
taxable year in which the net operating loss occurs.	60053

(c) The tax commissioner may require a taxpayer to furnish	60054
any information necessary to support a claim for deduction under	60055
division (I)(1)(a) of this section and no deduction shall be	60056
allowed unless the information is furnished.	60057

(2) Deduct any amount included in net income by application	60058
of section 78 or 951 of the Internal Revenue Code, amounts	60059
received for royalties, technical or other services derived from	60060
sources outside the United States, and dividends received from a	60061
subsidiary, associate, or affiliated corporation that neither	60062
transacts any substantial portion of its business nor regularly	60063
maintains any substantial portion of its assets within the United	60064
States. For purposes of determining net foreign source income	60065
deductible under division (I)(2) of this section, the amount of	60066
gross income from all such sources other than dividend income and	60067
income derived by application of section 78 or 951 of the Internal	60068
Revenue Code shall be reduced by:	60069

(a) The amount of any reimbursed expenses for personal	60070
services performed by employees of the taxpayer for the	60071
subsidiary, associate, or affiliated corporation;	60072

(b) Ten per cent of the amount of royalty income and	60073
technical assistance fees;	60074

60075

The amounts described in divisions (I)(2)(a) to (c) of this	60076
section are deemed to be the expenses attributable to the	60077
production of deductible foreign source income unless the taxpayer	60078
shows, by clear and convincing evidence, less actual expenses, or	60079
the tax commissioner shows, by clear and convincing evidence, more	60080
actual expenses.	60081

(3) Add any loss or deduct any gain resulting from the sale,	60082
exchange, or other disposition of a capital asset, or an asset	60083
described in section 1231 of the Internal Revenue Code, to the	60084
extent that such loss or gain occurred prior to the first taxable	60085
year on which the tax provided for in section 5733.06 of the	60086
Revised Code is computed on the corporation's net income. For	60087
purposes of division (I)(3) of this section, the amount of the	60088
prior loss or gain shall be measured by the difference between the	60089
original cost or other basis of the asset and the fair market	60090
value as of the beginning of the first taxable year on which the	60091
tax provided for in section 5733.06 of the Revised Code is	60092
computed on the corporation's net income. At the option of the	60093
taxpayer, the amount of the prior loss or gain may be a percentage	60094
of the gain or loss, which percentage shall be determined by	60095
multiplying the gain or loss by a fraction, the numerator of which	60096
is the number of months from the acquisition of the asset to the	60097
beginning of the first taxable year on which the fee provided in	60098
section 5733.06 of the Revised Code is computed on the	60099
corporation's net income, and the denominator of which is the	60100
number of months from the acquisition of the asset to the sale,	60101
exchange, or other disposition of the asset. The adjustments	60102
described in this division do not apply to any gain or loss where	60103
the gain or loss is recognized by a qualifying taxpayer, as	60104
defined in section 5733.0510 of the Revised Code, with respect to	60105
a qualifying taxable event, as defined in that section.	60106

(4) Deduct the dividend received deduction provided by	60107
section 243 of the Internal Revenue Code.	60108

(5) Deduct any interest or interest equivalent on public	60109
obligations and purchase obligations to the extent included in	60110
federal taxable income. As used in divisions (I)(5) and (6) of	60111
this section, "public obligations," "purchase obligations," and	60112
"interest or interest equivalent" have the same meanings as in	60113
section 5709.76 of the Revised Code.	60114

(6) Add any loss or deduct any gain resulting from the sale,	60115
exchange, or other disposition of public obligations to the extent	60116
included in federal taxable income.	60117

(7) To the extent not otherwise allowed, deduct any dividends	60118
or distributions received by a taxpayer from a public utility,	60119
excluding an electric company and a combined company, and, for tax	60120
years 2005 and thereafter, a telephone company, if the taxpayer	60121
owns at least eighty per cent of the issued and outstanding common	60122
stock of the public utility. As used in division (I)(7) of this	60123
section, "public utility" means a public utility as defined in	60124
Chapter 5727. of the Revised Code, whether or not the public	60125
utility is doing business in the state.	60126

(8) To the extent not otherwise allowed, deduct any dividends	60127
received by a taxpayer from an insurance company, if the taxpayer	60128
owns at least eighty per cent of the issued and outstanding common	60129
stock of the insurance company. As used in division (I)(8) of this	60130
section, "insurance company" means an insurance company that is	60131
taxable under Chapter 5725. or 5729. of the Revised Code.	60132

(9) Deduct expenditures for modifying existing buildings or	60133
structures to meet American national standards institute standard	60134
A-117.1-1961 (R-1971), as amended; provided, that no deduction	60135
shall be allowed to the extent that such deduction is not	60136
permitted under federal law or under rules of the tax	60137
commissioner. Those deductions as are allowed may be taken over a	60138
period of five years. The tax commissioner shall adopt rules under	60139
Chapter 119. of the Revised Code establishing reasonable	60140
limitations on the extent that expenditures for modifying existing	60141
buildings or structures are attributable to the purpose of making	60142
the buildings or structures accessible to and usable by physically	60143
handicapped persons.	60144

(10) Deduct the amount of wages and salaries, if any, not	60145
otherwise allowable as a deduction but that would have been	60146
allowable as a deduction in computing federal taxable income	60147
before operating loss deduction and special deductions for the	60148
taxable year, had the targeted jobs credit allowed and determined	60149
under sections 38, 51, and 52 of the Internal Revenue Code not	60150
been in effect.	60151

(11) Deduct net interest income on obligations of the United	60152
States and its territories and possessions or of any authority,	60153
commission, or instrumentality of the United States to the extent	60154
the laws of the United States prohibit inclusion of the net	60155
interest for purposes of determining the value of the taxpayer's	60156
issued and outstanding shares of stock under division (B) of	60157
section 5733.05 of the Revised Code. As used in division (I)(11)	60158
of this section, "net interest" means interest net of any expenses	60159
taken on the federal income tax return that would not have been	60160
allowed under section 265 of the Internal Revenue Code if the	60161
interest were exempt from federal income tax.	60162

(12)(a) Except as set forth in division (I)(12)(d) of this	60163
section, to the extent not included in computing the taxpayer's	60164
federal taxable income before operating loss deduction and special	60165
deductions, add gains and deduct losses from direct or indirect	60166
sales, exchanges, or other dispositions, made by a related entity	60167
who is not a taxpayer, of the taxpayer's indirect, beneficial, or	60168
constructive investment in the stock or debt of another entity,	60169
unless the gain or loss has been included in computing the federal	60170
taxable income before operating loss deduction and special	60171
deductions of another taxpayer with a more closely related	60172
investment in the stock or debt of the other entity. The amount of	60173
gain added or loss deducted shall not exceed the product obtained	60174
by multiplying such gain or loss by the taxpayer's proportionate	60175
share, directly, indirectly, beneficially, or constructively, of	60176
the outstanding stock of the related entity immediately prior to	60177
the direct or indirect sale, exchange, or other disposition.	60178

(b) Except as set forth in division (I)(12)(e) of this	60179
section, to the extent not included in computing the taxpayer's	60180
federal taxable income before operating loss deduction and special	60181
deductions, add gains and deduct losses from direct or indirect	60182
sales, exchanges, or other dispositions made by a related entity	60183
who is not a taxpayer, of intangible property other than stock,	60184
securities, and debt, if such property was owned, or used in whole	60185
or in part, at any time prior to or at the time of the sale,	60186
exchange, or disposition by either the taxpayer or by a related	60187
entity that was a taxpayer at any time during the related entity's	60188
ownership or use of such property, unless the gain or loss has	60189
been included in computing the federal taxable income before	60190
operating loss deduction and special deductions of another	60191
taxpayer with a more closely related ownership or use of such	60192
intangible property. The amount of gain added or loss deducted	60193
shall not exceed the product obtained by multiplying such gain or	60194
loss by the taxpayer's proportionate share, directly, indirectly,	60195
beneficially, or constructively, of the outstanding stock of the	60196
related entity immediately prior to the direct or indirect sale,	60197
exchange, or other disposition.	60198

(c) As used in division (I)(12) of this section, "related	60199
entity" means those entities described in divisions (I)(12)(c)(i)	60200
to (iii) of this section:	60201

(i) An individual stockholder, or a member of the	60202
stockholder's family enumerated in section 318 of the Internal	60203
Revenue Code, if the stockholder and the members of the	60204
stockholder's family own, directly, indirectly, beneficially, or	60205
constructively, in the aggregate, at least fifty per cent of the	60206
value of the taxpayer's outstanding stock;	60207

(ii) A stockholder, or a stockholder's partnership, estate,	60208
trust, or corporation, if the stockholder and the stockholder's	60209
partnerships, estates, trusts, and corporations own directly,	60210
indirectly, beneficially, or constructively, in the aggregate, at	60211
least fifty per cent of the value of the taxpayer's outstanding	60212
stock;	60213

(iii) A corporation, or a party related to the corporation in	60214
a manner that would require an attribution of stock from the	60215
corporation to the party or from the party to the corporation	60216
under division (I)(12)(c)(iv) of this section, if the taxpayer	60217
owns, directly, indirectly, beneficially, or constructively, at	60218
least fifty per cent of the value of the corporation's outstanding	60219
stock.	60220

(iv) The attribution rules of section 318 of the Internal	60221
Revenue Code apply for purposes of determining whether the	60222
ownership requirements in divisions (I)(12)(c)(i) to (iii) of this	60223
section have been met.	60224

(d) For purposes of the adjustments required by division	60225
(I)(12)(a) of this section, the term "investment in the stock or	60226
debt of another entity" means only those investments where the	60227
taxpayer and the taxpayer's related entities directly, indirectly,	60228
beneficially, or constructively own, in the aggregate, at any time	60229
during the twenty-four month period commencing one year prior to	60230
the direct or indirect sale, exchange, or other disposition of	60231
such investment at least fifty per cent or more of the value of	60232
either the outstanding stock or such debt of such other entity.	60233

(e) For purposes of the adjustments required by division	60234
(I)(12)(b) of this section, the term "related entity" excludes all	60235
of the following:	60236

(i) Foreign corporations as defined in section 7701 of the	60237
Internal Revenue Code;	60238

(ii) Foreign partnerships as defined in section 7701 of the	60239
Internal Revenue Code;	60240

(iii) Corporations, partnerships, estates, and trusts created	60241
or organized in or under the laws of the Commonwealth of Puerto	60242
Rico or any possession of the United States;	60243

(iv) Foreign estates and foreign trusts as defined in section	60244
7701 of the Internal Revenue Code.	60245

The exclusions described in divisions (I)(12)(e)(i) to (iv)	60246
of this section do not apply if the corporation, partnership,	60247
estate, or trust is described in any one of divisions (C)(1) to	60248
(5) of section 5733.042 of the Revised Code.	60249

(f) Nothing in division (I)(12) of this section shall require	60250
or permit a taxpayer to add any gains or deduct any losses	60251
described in divisions (I)(12)(f)(i) and (ii) of this section:	60252

(i) Gains or losses recognized for federal income tax	60253
purposes by an individual, estate, or trust without regard to the	60254
attribution rules described in division (I)(12)(c) of this	60255
section;	60256

(ii) A related entity's gains or losses described in division	60257
(I)(12)(b) of this section if the taxpayer's ownership of or use	60258
of such intangible property was limited to a period not exceeding	60259
nine months and was attributable to a transaction or a series of	60260
transactions executed in accordance with the election or elections	60261
made by the taxpayer or a related entity pursuant to section 338	60262
of the Internal Revenue Code.	60263

(13) Any adjustment required by section 5733.042 of the	60264
Revised Code.	60265

(14) Add any amount claimed as a credit under section	60266
5733.0611 of the Revised Code to the extent that such amount	60267
satisfies either of the following:	60268

(a) It was deducted or excluded from the computation of the	60269
corporation's taxable income before operating loss deduction and	60270
special deductions as required to be reported for the	60271
corporation's taxable year under the Internal Revenue Code;	60272

(b) It resulted in a reduction of the corporation's taxable	60273
income before operating loss deduction and special deductions as	60274
required to be reported for any of the corporation's taxable years	60275
under the Internal Revenue Code.	60276

(15) Deduct the amount contributed by the taxpayer to an	60277
individual development account program established by a county	60278
department of job and family services pursuant to sections 329.11	60279
to 329.14 of the Revised Code for the purpose of matching funds	60280
deposited by program participants. On request of the tax	60281
commissioner, the taxpayer shall provide any information that, in	60282
the tax commissioner's opinion, is necessary to establish the	60283
amount deducted under division (I)(15) of this section.	60284

(16) Any adjustment required by section 5733.0510 or	60285
5733.0511 of the Revised Code.	60286

(17)(a) Add five-sixths of the amount of depreciation expense	60287
allowed under subsection (k) of section 168 of the Internal	60288
Revenue Code, including a person's proportionate or distributive	60289
share of the amount of depreciation expense allowed by that	60290
subsection to any pass-through entity in which the person has	60291
direct or indirect ownership. The tax commissioner, under	60292
procedures established by the commissioner, may waive the add-back	60293
related to a pass-through entity if the person owns, directly or	60294
indirectly, less than five per cent of the pass-through entity.	60295

(b) Nothing in division (I)(17) of this section shall be	60296
construed to adjust or modify the adjusted basis of any asset.	60297

(c) To the extent the add-back is attributable to property	60298
generating income or loss allocable under section 5733.051 of the	60299
Revised Code, the add-back shall be allocated to the same location	60300
as the income or loss generated by that property. Otherwise, the	60301
add-back shall be apportioned, subject to division (B)(2)(d) of	60302
section 5733.05 of the Revised Code.	60303

(18)(a) If a person is required to make the add-back under	60304
division (I)(17)(a) of this section for a tax year, the person	60305
shall deduct one-fifth of the amount added back for each of the	60306
succeeding five tax years.	60307

(b) If the amount deducted under division (I)(18)(a) of this	60308
section is attributable to an add-back allocated under division	60309
(I)(17)(c) of this section, the amount deducted shall be allocated	60310
to the same location. Otherwise, the amount shall be apportioned	60311
using the apportionment factors for the taxable year in which the	60312
deduction is taken, subject to division (B)(2)(d) of section	60313
5733.05 of the Revised Code.	60314

(J) Any term used in this chapter has the same meaning as	60315
when used in comparable context in the laws of the United States	60316
relating to federal income taxes unless a different meaning is	60317
clearly required. Any reference in this chapter to the Internal	60318
Revenue Code includes other laws of the United States relating to	60319
federal income taxes.	60320

(K) "Financial institution" has the meaning given by section	60321
5725.01 of the Revised Code but does not include a production	60322
credit association as described in 85 Stat. 597, 12 U.S.C.A. 2091.	60323

(L)(1) A "qualifying holding company" is any corporation	60324
satisfying all of the following requirements:	60325

(a) Subject to divisions (L)(2) and (3) of this section, the	60326
net book value of the corporation's intangible assets is greater	60327
than or equal to ninety per cent of the net book value of all of	60328
its assets and at least fifty per cent of the net book value of	60329
all of its assets represents direct or indirect investments in the	60330
equity of, loans and advances to, and accounts receivable due from	60331
related members;	60332

(b) At least ninety per cent of the corporation's gross	60333
income for the taxable year is attributable to the following:	60334

(i) The maintenance, management, ownership, acquisition, use,	60335
and disposition of its intangible property, its aircraft the use	60336
of which is not subject to regulation under 14 C.F.R. part 121 or	60337
part 135, and any real property described in division (L)(2)(c) of	60338
this section;	60339

(ii) The collection and distribution of income from such	60340
property.	60341

(c) The corporation is not a financial institution on the	60342
last day of the taxable year ending prior to the first day of the	60343
tax year;	60344

(d) The corporation's related members make a good faith and	60345
reasonable effort to make timely and fully the adjustments	60346
required by division (C)(2) of section 5733.05 of the Revised Code	60347
and to pay timely and fully all uncontested taxes, interest,	60348
penalties, and other fees and charges imposed under this chapter;	60349

(e) Subject to division (L)(4) of this section, the	60350
corporation elects to be treated as a qualifying holding company	60351
for the tax year.	60352

A corporation otherwise satisfying divisions (L)(1)(a) to (e)	60353
of this section that does not elect to be a qualifying holding	60354
company is not a qualifying holding company for the purposes of	60355
this chapter.	60356

(2)(a)(i) For purposes of making the ninety per cent	60357
computation under division (L)(1)(a) of this section, the net book	60358
value of the corporation's assets shall not include the net book	60359
value of aircraft or real property described in division	60360
(L)(1)(b)(i) of this section.	60361

(ii) For purposes of making the fifty per cent computation	60362
under division (L)(1)(a) of this section, the net book value of	60363
assets shall include the net book value of aircraft or real	60364
property described in division (L)(1)(b)(i) of this section.	60365

(b)(i) As used in division (L) of this section, "intangible	60366
asset" includes, but is not limited to, the corporation's direct	60367
interest in each pass-through entity only if at all times during	60368
the corporation's taxable year ending prior to the first day of	60369
the tax year the corporation's and the corporation's related	60370
members' combined direct and indirect interests in the capital or	60371
profits of such pass-through entity do not exceed fifty per cent.	60372
If the corporation's interest in the pass-through entity is an	60373
intangible asset for that taxable year, then the distributive	60374
share of any income from the pass-through entity shall be income	60375
from an intangible asset for that taxable year.	60376

(ii) If a corporation's and the corporation's related	60377
members' combined direct and indirect interests in the capital or	60378
profits of a pass-through entity exceed fifty per cent at any time	60379
during the corporation's taxable year ending prior to the first	60380
day of the tax year, "intangible asset" does not include the	60381
corporation's direct interest in the pass-through entity, and the	60382
corporation shall include in its assets its proportionate share of	60383
the assets of any such pass-through entity and shall include in	60384
its gross income its distributive share of the gross income of	60385
such pass-through entity in the same form as was earned by the	60386
pass-through entity.	60387

(iii) A pass-through entity's direct or indirect	60388
proportionate share of any other pass-through entity's assets	60389
shall be included for the purpose of computing the corporation's	60390
proportionate share of the pass-through entity's assets under	60391
division (L)(2)(b)(ii) of this section, and such pass-through	60392
entity's distributive share of any other pass-through entity's	60393
gross income shall be included for purposes of computing the	60394
corporation's distributive share of the pass-through entity's	60395
gross income under division (L)(2)(b)(ii) of this section.	60396

(c) For the purposes of divisions (L)(1)(b)(i), (1)(b)(ii),	60397
(2)(a)(i), and (2)(a)(ii) of this section, real property is	60398
described in division (L)(2)(c) of this section only if all of the	60399
following conditions are present at all times during the taxable	60400
year ending prior to the first day of the tax year:	60401

(i) The real property serves as the headquarters of the	60402
corporation's trade or business, or is the place from which the	60403
corporation's trade or business is principally managed or	60404
directed;	60405

(ii) Not more than ten per cent of the value of the real	60406
property and not more than ten per cent of the square footage of	60407
the building or buildings that are part of the real property is	60408
used, made available, or occupied for the purpose of providing,	60409
acquiring, transferring, selling, or disposing of tangible	60410
property or services in the normal course of business to persons	60411
other than related members, the corporation's employees and their	60412
families, and such related members' employees and their families.	60413

(d) As used in division (L) of this section, "related member"	60414
has the same meaning as in division (A)(6) of section 5733.042 of	60415
the Revised Code without regard to division (B) of that section.	60416

(3) The percentages described in division (L)(1)(a) of this	60417
section shall be equal to the quarterly average of those	60418
percentages as calculated during the corporation's taxable year	60419
ending prior to the first day of the tax year.	60420

(4) With respect to the election described in division	60421
(L)(1)(e) of this section:	60422

(a) The election need not accompany a timely filed report;

60423

(b) The election need not accompany the report; rather, the	60424
election may accompany a subsequently filed but timely application	60425
for refund and timely amended report, or a subsequently filed but	60426
timely petition for reassessment;	60427

60428

(d) The election applies only to the tax year specified by	60429
the corporation;	60430

(e) The corporation's related members comply with division	60431
(L)(1)(d) of this section.	60432

Nothing in division (L)(4) of this section shall be construed	60433
to extend any statute of limitations set forth in this chapter.	60434

(M) "Qualifying controlled group" means two or more	60435
corporations that satisfy the ownership and control requirements	60436
of division (A) of section 5733.052 of the Revised Code.	60437

(N) "Limited liability company" means any limited liability	60438
company formed under Chapter 1705. of the Revised Code or under	60439
the laws of any other state.	60440

(O) "Pass-through entity" means a corporation that has made	60441
an election under subchapter S of Chapter 1 of Subtitle A of the	60442
Internal Revenue Code for its taxable year under that code, or a	60443
partnership, limited liability company, or any other person, other	60444
than an individual, trust, or estate, if the partnership, limited	60445
liability company, or other person is not classified for federal	60446
income tax purposes as an association taxed as a corporation.	60447

(P) "Electric company," ~~and~~ "combined company," , and	60448
"telephone company" have the same meanings as in section 5727.01	60449
of the Revised Code.	60450

Sec. 5733.05. As used in this section, "qualified research"	60451
means laboratory research, experimental research, and other	60452
similar types of research; research in developing or improving a	60453
product; or research in developing or improving the means of	60454
producing a product. It does not include market research, consumer	60455
surveys, efficiency surveys, management studies, ordinary testing	60456
or inspection of materials or products for quality control,	60457
historical research, or literary research. "Product" as used in	60458
this paragraph does not include services or intangible property.	60459

The annual report determines the value of the issued and	60460
outstanding shares of stock of the taxpayer, which under division	60461
(A) or divisions (B) and (C) of this section is the base or	60462
measure of the franchise tax liability. Such determination shall	60463
be made as of the date shown by the report to have been the	60464
beginning of the corporation's annual accounting period that	60465
includes the first day of January of the tax year. For the	60466
purposes of this chapter, the value of the issued and outstanding	60467
shares of stock of any corporation that is a financial institution	60468
shall be deemed to be the value as calculated in accordance with	60469
division (A) of this section. For the purposes of this chapter,	60470
the value of the issued and outstanding shares of stock of any	60471
corporation that is not a financial institution shall be deemed to	60472
be the values as calculated in accordance with divisions (B) and	60473
(C) of this section. Except as otherwise required by this section	60474
or section 5733.056 of the Revised Code, the value of a taxpayer's	60475
issued and outstanding shares of stock under division (A) or (C)	60476
of this section does not include any amount that is treated as a	60477
liability under generally accepted accounting principles.	60478

(A) The total value, as shown by the books of the financial	60479
institution, of its capital, surplus, whether earned or unearned,	60480
undivided profits, and reserves shall be determined as prescribed	60481
by section 5733.056 of the Revised Code for tax years 1998 and	60482
thereafter.	60483

(B) The sum of the corporation's net income during the	60484
corporation's taxable year, allocated or apportioned to this state	60485
as prescribed in divisions (B)(1) and (2) of this section, and	60486
subject to sections 5733.052, 5733.053, 5733.057, 5733.058,	60487
5733.059, and 5733.0510 of the Revised Code:	60488

(1) The net income allocated to this state as provided by	60489
section 5733.051 of the Revised Code.	60490

(2) The amount of Ohio apportioned net income from sources	60491
other than those allocated under section 5733.051 of the Revised	60492
Code, which shall be determined by multiplying the corporation's	60493
net income by a fraction. The numerator of the fraction is the sum	60494
of the following products: the property factor multiplied by	60495
twenty, the payroll factor multiplied by twenty, and the sales	60496
factor multiplied by sixty. The denominator of the fraction is one	60497
hundred, provided that the denominator shall be reduced by twenty	60498
if the property factor has a denominator of zero, by twenty if the	60499
payroll factor has a denominator of zero, and by sixty if the	60500
sales factor has a denominator of zero.	60501

The property, payroll, and sales factors shall be determined	60502
as follows:	60503

(a) The property factor is a fraction the numerator of which	60504
is the average value of the corporation's real and tangible	60505
personal property owned or rented, and used in the trade or	60506
business in this state during the taxable year, and the	60507
denominator of which is the average value of all the corporation's	60508
real and tangible personal property owned or rented, and used in	60509
the trade or business everywhere during such year. There shall be	60510
excluded from the numerator and denominator of the property factor	60511
the original cost of all of the following property within Ohio:	60512
property with respect to which a "pollution control facility"	60513
certificate has been issued pursuant to section 5709.21 of the	60514
Revised Code; property with respect to which an "industrial water	60515
pollution control certificate" has been issued pursuant to section	60516
6111.31 of the Revised Code; and property used exclusively during	60517
the taxable year for qualified research.	60518

(i) Property owned by the corporation is valued at its	60519
original cost. Property rented by the corporation is valued at	60520
eight times the net annual rental rate. "Net annual rental rate"	60521
means the annual rental rate paid by the corporation less any	60522
annual rental rate received by the corporation from subrentals.	60523

(ii) The average value of property shall be determined by	60524
averaging the values at the beginning and the end of the taxable	60525
year, but the tax commissioner may require the averaging of	60526
monthly values during the taxable year, if reasonably required to	60527
reflect properly the average value of the corporation's property.	60528

(b) The payroll factor is a fraction the numerator of which	60529
is the total amount paid in this state during the taxable year by	60530
the corporation for compensation, and the denominator of which is	60531
the total compensation paid everywhere by the corporation during	60532
such year. There shall be excluded from the numerator and the	60533
denominator of the payroll factor the total compensation paid in	60534
this state to employees who are primarily engaged in qualified	60535
research.	60536

(i) Compensation means any form of remuneration paid to an	60537
employee for personal services.	60538

(ii) Compensation is paid in this state if: (1) the	60539
recipient's service is performed entirely within this state, (2)	60540
the recipient's service is performed both within and without this	60541
state, but the service performed without this state is incidental	60542
to the recipient's service within this state, (3) some of the	60543
service is performed within this state and either the base of	60544
operations, or if there is no base of operations, the place from	60545
which the service is directed or controlled is within this state,	60546
or the base of operations or the place from which the service is	60547
directed or controlled is not in any state in which some part of	60548
the service is performed, but the recipient's residence is in this	60549
state.	60550

(iii) Compensation is paid in this state to any employee of a	60551
common or contract motor carrier corporation, who performs the	60552
employee's regularly assigned duties on a motor vehicle in more	60553
than one state, in the same ratio by which the mileage traveled by	60554
such employee within the state bears to the total mileage traveled	60555
by such employee everywhere during the taxable year.	60556

(c) Except as provided in section 5733.059 of the Revised	60557
Code, the sales factor is a fraction the numerator of which is the	60558
total sales in this state by the corporation during the taxable	60559
year, and the denominator of which is the total sales by the	60560
corporation everywhere during such year. In determining the	60561
numerator and denominator of the sales factor, receipts from the	60562
sale or other disposal of a capital asset or an asset described in	60563
section 1231 of the Internal Revenue Code shall be eliminated.	60564
Also, in determining the numerator and denominator of the sales	60565
factor, in the case of a reporting corporation owning at least	60566
eighty per cent of the issued and outstanding common stock of one	60567
or more insurance companies or public utilities, except an	60568
electric company and a combined company, and, for tax years 2005	60569
and thereafter, a telephone company, or owning at least	60570
twenty-five per cent of the issued and outstanding common stock of	60571
one or more financial institutions, receipts received by the	60572
reporting corporation from such utilities, insurance companies,	60573
and financial institutions shall be eliminated.	60574

For the purpose of this section and section 5733.03 of the	60575
Revised Code, sales of tangible personal property are in this	60576
state where such property is received in this state by the	60577
purchaser. In the case of delivery of tangible personal property	60578
by common carrier or by other means of transportation, the place	60579
at which such property is ultimately received after all	60580
transportation has been completed shall be considered as the place	60581
at which such property is received by the purchaser. Direct	60582
delivery in this state, other than for purposes of transportation,	60583
to a person or firm designated by a purchaser constitutes delivery	60584
to the purchaser in this state, and direct delivery outside this	60585
state to a person or firm designated by a purchaser does not	60586
constitute delivery to the purchaser in this state, regardless of	60587
where title passes or other conditions of sale.	60588

Except as provided in section 5733.059 of the Revised Code,	60589
sales, other than sales of tangible personal property, are in this	60590
state if either:	60591

(i) The income-producing activity is performed solely in this	60592
state;	60593

(ii) The income-producing activity is performed both within	60594
and without this state and a greater proportion of the	60595
income-producing activity is performed within this state than in	60596
any other state, based on costs of performance.	60597

(d) If the allocation and apportionment provisions of	60598
division (B) of this section do not fairly represent the extent of	60599
the taxpayer's business activity in this state, the taxpayer may	60600
request, which request must be in writing and must accompany the	60601
report, timely filed petition for reassessment, or timely filed	60602
amended report, or the tax commissioner may require, in respect to	60603
all or any part of the taxpayer's allocated or apportioned base,	60604
if reasonable, any one or more of the following:	60605

(i) Separate accounting;

60606

(ii) The exclusion of any one or more of the factors;

60607

(iii) The inclusion of one or more additional factors that	60608
will fairly represent the taxpayer's allocated or apportioned base	60609
in this state.	60610

An alternative method will be effective only with approval by	60611
the tax commissioner.	60612

Nothing in this section shall be construed to extend any	60613
statute of limitations set forth in this chapter.	60614

(e) The tax commissioner may adopt rules providing for	60615
alternative allocation and apportionment methods, and alternative	60616
calculations of a corporation's base, that apply to corporations	60617
engaged in telecommunications.	60618

(C)(1) Subject to divisions (C)(2) and (3) of this section,	60619
the total value, as shown on the books of each corporation that is	60620
not a qualified holding company, of the net book value of a	60621
corporation's assets less the net carrying value of its	60622
liabilities, and excluding from the corporation's assets land	60623
devoted exclusively to agricultural use as of the first Monday of	60624
June in the corporation's taxable year as determined by the county	60625
auditor of the county in which the land is located pursuant to	60626
section 5713.31 of the Revised Code. For the purposes of	60627
determining that total value, any reserves shown on the	60628
corporation's books shall be considered liabilities or contra	60629
assets, except for any reserves that are deemed appropriations of	60630
retained earnings under generally accepted accounting principles.	60631

(2)(a) If, on the last day of the taxpayer's taxable year	60632
preceding the tax year, the taxpayer is a related member to a	60633
corporation that elects to be a qualifying holding company for the	60634
tax year beginning after the last day of the taxpayer's taxable	60635
year, or if, on the last day of the taxpayer's taxable year	60636
preceding the tax year, a corporation that elects to be a	60637
qualifying holding company for the tax year beginning after the	60638
last day of the taxpayer's taxable year is a related member to the	60639
taxpayer, then the taxpayer's total value shall be adjusted by the	60640
qualifying amount. Except as otherwise provided under division	60641
(C)(2)(b) of this section, "qualifying amount" means the amount	60642
that, when added to the taxpayer's total value, and when	60643
subtracted from the net carrying value of the taxpayer's	60644
liabilities computed without regard to division (C)(2) of this	60645
section, or when subtracted from the taxpayer's total value and	60646
when added to the net carrying value of the taxpayer's liabilities	60647
computed without regard to division (C)(2) of this section,	60648
results in the taxpayer's debt-to-equity ratio equaling the	60649
debt-to-equity ratio of the qualifying controlled group on the	60650
last day of the taxable year ending prior to the first day of the	60651
tax year computed on a consolidated basis in accordance with	60652
general accepted accounting principles. For the purposes of	60653
division (C)(2)(a) of this section, the corporation's total value,	60654
after the adjustment required by that division, shall not exceed	60655
the net book value of the corporation's assets.	60656

(b)(i) The amount added to the taxpayer's total value and	60657
subtracted from the net carrying value of the taxpayer's	60658
liabilities shall not exceed the amount of the net carrying value	60659
of the taxpayer's liabilities owed to the taxpayer's related	60660
members.	60661

(ii) A liability owed to the taxpayer's related members	60662
includes, but is not limited to, any amount that the corporation	60663
owes to a person that is not a related member if the corporation's	60664
related member or related members in whole or in part guarantee	60665
any portion or all of that amount, or pledge, hypothecate,	60666
mortgage, or carry out any similar transactions to secure any	60667
portion or all of that amount.	60668

(3) The base upon which the tax is levied under division (C)	60669
of section 5733.06 of the Revised Code shall be computed by	60670
multiplying the amount determined under divisions (C)(1) and (2)	60671
of this section by the fraction determined under divisions	60672
(B)(2)(a) to (c) of this section and, if applicable, divisions	60673
(B)(2)(d)(ii) to (iv) of this section but without regard to	60674
section 5733.052 of the Revised Code.	60675

(4) For purposes of division (C) of this section, "related	60676
member" has the same meaning as in division (A)(6) of section	60677
5733.042 of the Revised Code without regard to division (B) of	60678
that section.	60679

Sec. 5733.051. Subject to section 5733.0510 of the Revised	60680
Code, net income of a corporation subject to the tax imposed by	60681
section 5733.06 of the Revised Code shall be allocated and	60682
apportioned to this state as follows:	60683

(A) Net rents and royalties from real property located in	60684
this state are allocable to this state.	60685

(B) Net rents and royalties from tangible personal property,	60686
to the extent such property is utilized in this state, are	60687
allocable to this state if the taxpayer is otherwise subject to	60688
the tax imposed by section 5733.06 of the Revised Code.	60689

(C) Capital gains and losses from the sale or other	60690
disposition of real property located in this state are allocable	60691
to this state.	60692

(D) Capital gains and losses from the sale or other	60693
disposition of tangible personal property are allocable to this	60694
state if the property had a situs in this state at the time of	60695
sale and the taxpayer is otherwise subject to the tax imposed by	60696
section 5733.06 of the Revised Code.	60697

(E) Capital gains and losses from the sale or other	60698
disposition of intangible property which may produce income	60699
enumerated in division (F) of this section are allocable on the	60700
same basis as set forth in that division. Capital gains and losses	60701
from the sale or other disposition of all other intangible	60702
property are apportionable under division (I) of this section.	60703

(F) Dividends or distributions which are not otherwise	60704
deducted or excluded from net income, other than dividends or	60705
distributions from a domestic international sales corporation, are	60706
allocable to this state in accordance with the ratio of the book	60707
value of the physical assets of the payor of the dividends or	60708
distributions located in this state divided by the book value of	60709
the total physical assets of the payor located everywhere.	60710
Dividends or distributions received from a domestic international	60711
sales corporation, or from a payor the location of whose physical	60712
assets is unavailable to the taxpayer, are apportionable under	60713
division (I) of this section.	60714

(G) Patent and copyright royalties and technical assistance	60715
fees, not representing the principal source of gross receipts of	60716
the taxpayer, are allocable to this state to the extent that the	60717
activity of the payor thereof giving rise to the payment takes	60718
place in this state. If the location of the payor's activity is	60719
unavailable to the taxpayer, such royalties and fees are	60720
apportionable under division (I) of this section.	60721

(H) The following amounts ~~described in division (B)(5) of~~	60722
~~section 5747.20 of the Revised Code~~ are allocable to this state:	60723

(1)(a) All lottery prize awards paid by the state lottery	60724
commission pursuant to Chapter 3770. of the Revised Code.	60725

(b) All earnings, profit, income, and gain from the sale,	60726
exchange, or other disposition of lottery prize awards paid or to	60727
be paid to any person by the state lottery commission pursuant to	60728
Chapter 3770. of the Revised Code.	60729

(c) All earnings, profit, income, and gain from the direct or	60730
indirect ownership of lottery prize awards paid or to be paid to	60731
any person by the state lottery commission pursuant to Chapter	60732
3770. of the Revised Code.	60733

(d) All earnings, profit, income, and gain from the direct or	60734
indirect interest in any right in or to any lottery prize awards	60735
paid or to be paid to any person by the state lottery commission	60736
pursuant to Chapter 3770. of the Revised Code.	60737

(2) Lottery prize awards and related earnings, profit,	60738
income, or gain with regard to lotteries sponsored by persons or	60739
agencies outside this state are allocable outside this state.	60740

(I) Any other net income, from sources other than those	60741
enumerated in divisions (A) to (H) of this section, is	60742
apportionable to this state on the basis of the mechanism provided	60743
in division (B)(2) of section 5733.05 of the Revised Code.	60744

Sec. 5733.056. (A) As used in this section:

60745

(1) "Billing address" means the address where any notice,	60746
statement, or bill relating to a customer's account is mailed, as	60747
indicated in the books and records of the taxpayer on the first	60748
day of the taxable year or on such later date in the taxable year	60749
when the customer relationship began.	60750

(2) "Borrower or credit card holder located in this state"	60751
means:	60752

(a) A borrower, other than a credit card holder, that is	60753
engaged in a trade or business and maintains its commercial	60754
domicile in this state; or	60755

(b) A borrower that is not engaged in a trade or business, or	60756
a credit card holder, whose billing address is in this state.	60757

(3) "Branch" means a "domestic branch" as defined in section	60758
3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C.	60759
1813(o), as amended.	60760

(4) "Compensation" means wages, salaries, commissions, and	60761
any other form of remuneration paid to employees for personal	60762
services that are included in such employee's gross income under	60763
the Internal Revenue Code. In the case of employees not subject to	60764
the Internal Revenue Code, such as those employed in foreign	60765
countries, the determination of whether such payments would	60766
constitute gross income to such employees under the Internal	60767
Revenue Code shall be made as though such employees were subject	60768
to the Internal Revenue Code.	60769

(5) "Credit card" means a credit, travel, or entertainment	60770
card.	60771

(6) "Credit card issuer's reimbursement fee" means the fee a	60772
taxpayer receives from a merchant's bank because one of the	60773
persons to whom the taxpayer has issued a credit card has charged	60774
merchandise or services to the credit card.	60775

(7) "Deposits" has the meaning given in section 3 of the	60776
"Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C. 1813(1),	60777
as amended.	60778

(8) "Employee" means, with respect to a particular taxpayer,	60779
any individual who under the usual common law rules applicable in	60780
determining the employer-employee relationship, has the status of	60781
an employee of that taxpayer.	60782

(9) "Gross rents" means the actual sum of money or other	60783
consideration payable for the use or possession of property.	60784
"Gross rents" includes:	60785

(a) Any amount payable for the use or possession of real	60786
property or tangible personal property whether designated as a	60787
fixed sum of money or as a percentage of receipts, profits, or	60788
otherwise;	60789

(b) Any amount payable as additional rent or in lieu of rent,	60790
such as interest, taxes, insurance, repairs, or any other amount	60791
required to be paid by the terms of a lease or other arrangement;	60792
and	60793

(c) A proportionate part of the cost of any improvement to	60794
real property made by or on behalf of the taxpayer which reverts	60795
to the owner or lessor upon termination of a lease or other	60796
arrangement. The amount to be included in gross rents is the	60797
amount of amortization or depreciation allowed in computing the	60798
taxable income base for the taxable year. However, where a	60799
building is erected on leased land, by or on behalf of the	60800
taxpayer, the value of the land is determined by multiplying the	60801
gross rent by eight, and the value of the building is determined	60802
in the same manner as if owned by the taxpayer.	60803

(d) The following are not included in the term "gross rents":

60804

(i) Reasonable amounts payable as separate charges for water	60805
and electric service furnished by the lessor;	60806

(ii) Reasonable amounts payable as service charges for	60807
janitorial services furnished by the lessor;	60808

(iii) Reasonable amounts payable for storage, provided such	60809
amounts are payable for space not designated and not under the	60810
control of the taxpayer; and	60811

(iv) That portion of any rental payment which is applicable	60812
to the space subleased from the taxpayer and not used by it.	60813

(10) "Loan" means any extension of credit resulting from	60814
direct negotiations between the taxpayer and its customer, or the	60815
purchase, in whole or in part, of such extension of credit from	60816
another. Loans include debt obligations of subsidiaries,	60817
participations, syndications, and leases treated as loans for	60818
federal income tax purposes. "Loan" does not include: properties	60819
treated as loans under section 595 of the Internal Revenue Code;	60820
futures or forward contracts; options; notional principal	60821
contracts such as swaps; credit card receivables, including	60822
purchased credit card relationships; non-interest bearing balances	60823
due from depositor institutions; cash items in the process of	60824
collection; federal funds sold; securities purchased under	60825
agreements to resell; assets held in a trading account;	60826
securities; interests in a real estate mortgage investment conduit	60827
or other mortgage-backed or asset-backed security; and other	60828
similar items.	60829

(11) "Loan secured by real property" means that fifty per	60830
cent or more of the aggregate value of the collateral used to	60831
secure a loan or other obligation, when valued at fair market	60832
value as of the time the original loan or obligation was incurred,	60833
was real property.	60834

(12) "Merchant discount" means the fee, or negotiated	60835
discount, charged to a merchant by the taxpayer for the privilege	60836
of participating in a program whereby a credit card is accepted in	60837
payment for merchandise or services sold to the card holder.	60838

(13) "Participation" means an extension of credit in which an	60839
undivided ownership interest is held on a pro rata basis in a	60840
single loan or pool of loans and related collateral. In a loan	60841
participation, the credit originator initially makes the loan and	60842
then subsequently resells all or a portion of it to other lenders.	60843
The participation may or may not be known to the borrower.	60844

(14) "Principal base of operations" with respect to	60845
transportation property means the place of more or less permanent	60846
nature from which the property is regularly directed or	60847
controlled. With respect to an employee, the "principal base of	60848
operations" means the place of more or less permanent nature from	60849
which the employee regularly (a) starts work and to which the	60850
employee customarily returns in order to receive instructions from	60851
the employer or (b) communicates with the employee's customers or	60852
other persons or (c) performs any other functions necessary to the	60853
exercise of the trade or profession at some other point or points.	60854

(15) "Qualified institution" means a financial institution	60855
that on or after June 1, 1997:	60856

(a)(i) Has consummated one or more approved transactions with	60857
insured banks with different home states that would qualify under	60858
section 102 of the "Riegle-Neal Interstate Banking and Branching	60859
Efficiency Act of 1994," Public Law 103-328, 108 Stat. 2338;	60860

(ii) Is a federal savings association or federal savings bank	60861
that has consummated one or more interstate acquisitions that	60862
result in a financial institution that has branches in more than	60863
one state; or	60864

(iii) Has consummated one or more approved interstate	60865
acquisitions under authority of Title XI of the Revised Code that	60866
result in a financial institution that has branches in more than	60867
one state; and	60868

(b) Has at least nine per cent of its deposits in this state	60869
as of the last day of June prior to the beginning of the tax year.	60870

(16) "Real property owned" and "tangible personal property	60871
owned" mean real and tangible personal property, respectively, on	60872
which the taxpayer may claim depreciation for federal income tax	60873
purposes, or to which the taxpayer holds legal title and on which	60874
no other person may claim depreciation for federal income tax	60875
purposes, or could claim depreciation if subject to federal income	60876
tax. Real and tangible personal property do not include coin,	60877
currency, or property acquired in lieu of or pursuant to a	60878
foreclosure.	60879

(17) "Regular place of business" means an office at which the	60880
taxpayer carries on its business in a regular and systematic	60881
manner and which is continuously maintained, occupied, and used by	60882
employees of the taxpayer.	60883

(18) "State" means a state of the United States, the District	60884
of Columbia, the commonwealth of Puerto Rico, or any territory or	60885
possession of the United States.	60886

(19) "Syndication" means an extension of credit in which two	60887
or more persons fund and each person is at risk only up to a	60888
specified percentage of the total extension of credit or up to a	60889
specified dollar amount.	60890

(20) "Transportation property" means vehicles and vessels	60891
capable of moving under their own power, such as aircraft, trains,	60892
water vessels and motor vehicles, as well as any equipment or	60893
containers attached to such property, such as rolling stock,	60894
barges, trailers, or the like.	60895

(B) The annual financial institution report determines the	60896
value of the issued and outstanding shares of stock of the	60897
taxpayer, and is the base or measure of the franchise tax	60898
liability. Such determination shall be made as of the date shown	60899
by the report to have been the beginning of the financial	60900
institution's annual accounting period that includes the first day	60901
of January of the tax year. For purposes of this section, division	60902
(A) of section 5733.05, and division (D) of section 5733.06 of the	60903
Revised Code, the value of the issued and outstanding shares of	60904
stock of the financial institution shall include the total value,	60905
as shown by the books of the financial institution, of its	60906
capital, surplus, whether earned or unearned, undivided profits,	60907
and reserves, but exclusive of:	60908

(1) Reserves for accounts receivable, depreciation,	60909
depletion, and any other valuation reserves with respect to	60910
specific assets;	60911

(2) Taxes due and payable during the year for which such	60912
report was made;	60913

(3) Voting stock and participation certificates in	60914
corporations chartered pursuant to the "Farm Credit Act of 1971,"	60915
85 Stat. 597, 12 U.S.C. 2091, as amended;	60916

(4) Good will, appreciation, and abandoned property as set up	60917
in the annual report of the financial institution, provided a	60918
certified balance sheet of the company is made available upon the	60919
request of the tax commissioner. Such balance sheet shall not be a	60920
part of the public records, but shall be a confidential report for	60921
use of the tax commissioner only.	60922

(5) A portion of the value of the issued and outstanding	60923
shares of stock of such financial institution equal to the amount	60924
obtained by multiplying such value by the quotient obtained by:	60925

(a) Dividing (1) the amount of the financial institution's	60926
assets, as shown on its books, represented by investments in the	60927
capital stock and indebtedness of public utilities, except	60928
electric companies and combined companies, and, for tax years 2005	60929
and thereafter, telephone companies, of which at least eighty per	60930
cent of the utility's issued and outstanding common stock is owned	60931
by the financial institution by (2) the total assets of such	60932
financial institution as shown on its books;	60933

(b) Dividing (1) the amount of the financial institution's	60934
assets, as shown on its books, represented by investments in the	60935
capital stock and indebtedness of insurance companies of which at	60936
least eighty per cent of the insurance company's issued and	60937
outstanding common stock is owned by the financial institution by	60938
(2) the total assets of such financial institution as shown on its	60939
books;	60940

(c) Dividing (1) the amount of the financial institution's	60941
assets, as shown on its books, represented by investments in the	60942
capital stock and indebtedness of other financial institutions of	60943
which at least twenty-five per cent of the other financial	60944
institution's issued and outstanding common stock is owned by the	60945
financial institution by (2) the total assets of the financial	60946
institution as shown on its books. Division (B)(5)(c) of this	60947
section applies only with respect to such other financial	60948
institutions that for the tax year immediately following the	60949
taxpayer's taxable year will pay the tax imposed by division (D)	60950
of section 5733.06 of the Revised Code.	60951

(6) Land that has been determined pursuant to section 5713.31	60952
of the Revised Code by the county auditor of the county in which	60953
the land is located to be devoted exclusively to agricultural use	60954
as of the first Monday of June in the financial institution's	60955
taxable year.	60956

(7) Property within this state used exclusively during the	60957
taxable year for qualified research as defined in section 5733.05	60958
of the Revised Code.	60959

(C) The base upon which the tax levied under division (D) of	60960
section 5733.06 of the Revised Code shall be computed by	60961
multiplying the value of a financial institution's issued and	60962
outstanding shares of stock as determined in division (B) of this	60963
section by a fraction. The numerator of the fraction is the sum of	60964
the following: the property factor multiplied by fifteen, the	60965
payroll factor multiplied by fifteen, and the sales factor	60966
multiplied by seventy. The denominator of the fraction is one	60967
hundred, provided that the denominator shall be reduced by fifteen	60968
if the property factor has a denominator of zero, by fifteen if	60969
the payroll factor has a denominator of zero, and by seventy if	60970
the sales factor has a denominator of zero.	60971

(D) A financial institution shall calculate the property	60972
factor as follows:	60973

(1) The property factor is a fraction, the numerator of which	60974
is the average value of real property and tangible personal	60975
property rented to the taxpayer that is located or used within	60976
this state during the taxable year, the average value of real and	60977
tangible personal property owned by the taxpayer that is located	60978
or used within this state during the taxable year, and the average	60979
value of the taxpayer's loans and credit card receivables that are	60980
located within this state during the taxable year; and the	60981
denominator of which is the average value of all such property	60982
located or used within and without this state during the taxable	60983
year.	60984

(2)(a) The value of real property and tangible personal	60985
property owned by the taxpayer is the original cost or other basis	60986
of such property for federal income tax purposes without regard to	60987
depletion, depreciation, or amortization.	60988

(b) Loans are valued at their outstanding principal balance,	60989
without regard to any reserve for bad debts. If a loan is	60990
charged-off in whole or in part for federal income tax purposes,	60991
the portion of the loan charged-off is not outstanding. A	60992
specifically allocated reserve established pursuant to financial	60993
accounting guidelines which is treated as charged-off for federal	60994
income tax purposes shall be treated as charged-off for purposes	60995
of this section.	60996

(c) Credit card receivables are valued at their outstanding	60997
principal balance, without regard to any reserve for bad debts. If	60998
a credit card receivable is charged-off in whole or in part for	60999
federal income tax purposes, the portion of the receivable	61000
charged-off is not outstanding.	61001

(3) The average value of property owned by the taxpayer is	61002
computed on an annual basis by adding the value of the property on	61003
the first day of the taxable year and the value on the last day of	61004
the taxable year and dividing the sum by two. If averaging on this	61005
basis does not properly reflect average value, the tax	61006
commissioner may require averaging on a more frequent basis. The	61007
taxpayer may elect to average on a more frequent basis. When	61008
averaging on a more frequent basis is required by the tax	61009
commissioner or is elected by the taxpayer, the same method of	61010
valuation must be used consistently by the taxpayer with respect	61011
to property within and without this state and on all subsequent	61012
returns unless the taxpayer receives prior permission from the tax	61013
commissioner or the tax commissioner requires a different method	61014
of determining value.	61015

(4)(a) The average value of real property and tangible	61016
personal property that the taxpayer has rented from another and is	61017
not treated as property owned by the taxpayer for federal income	61018
tax purposes, shall be determined annually by multiplying the	61019
gross rents payable during the taxable year by eight.	61020

(b) Where the use of the general method described in division	61021
(D)(4)(a) of this section results in inaccurate valuations of	61022
rented property, any other method which properly reflects the	61023
value may be adopted by the tax commissioner or by the taxpayer	61024
when approved in writing by the tax commissioner. Once approved,	61025
such other method of valuation must be used on all subsequent	61026
returns unless the taxpayer receives prior approval from the tax	61027
commissioner or the tax commissioner requires a different method	61028
of valuation.	61029

(5)(a) Except as described in division (D)(5)(b) of this	61030
section, real property and tangible personal property owned by or	61031
rented to the taxpayer is considered to be located within this	61032
state if it is physically located, situated, or used within this	61033
state.	61034

(b) Transportation property is included in the numerator of	61035
the property factor to the extent that the property is used in	61036
this state. The extent an aircraft will be deemed to be used in	61037
this state and the amount of value that is to be included in the	61038
numerator of this state's property factor is determined by	61039
multiplying the average value of the aircraft by a fraction, the	61040
numerator of which is the number of landings of the aircraft in	61041
this state and the denominator of which is the total number of	61042
landings of the aircraft everywhere. If the extent of the use of	61043
any transportation property within this state cannot be	61044
determined, then the property will be deemed to be used wholly in	61045
the state in which the property has its principal base of	61046
operations. A motor vehicle will be deemed to be used wholly in	61047
the state in which it is registered.	61048

(6)(a)(i) A loan, other than a loan or advance described in	61049
division (D)(6)(d) of this section, is considered to be located	61050
within this state if it is properly assigned to a regular place of	61051
business of the taxpayer within this state.	61052

(ii) A loan is properly assigned to the regular place of	61053
business with which it has a preponderance of substantive	61054
contacts. A loan assigned by the taxpayer to a regular place of	61055
business without the state shall be presumed to have been properly	61056
assigned if:	61057

(I) The taxpayer has assigned, in the regular course of its	61058
business, such loan on its records to a regular place of business	61059
consistent with federal or state regulatory requirements;	61060

(II) Such assignment on its records is based upon substantive	61061
contacts of the load to such regular place of business; and	61062

(III) The taxpayer uses the records reflecting assignment of	61063
loans for the filing of all state and local tax returns for which	61064
an assignment of loans to a regular place of business is required.	61065

(iii) The presumption of proper assignment of a loan provided	61066
in division (D)(6)(a)(ii) of this section may be rebutted upon a	61067
showing by the tax commissioner, supported by a preponderance of	61068
the evidence, that the preponderance of substantive contacts	61069
regarding such loan did not occur at the regular place of business	61070
to which it was assigned on the taxpayer's records. When such	61071
presumption has been rebutted, the loan shall then be located	61072
within this state if (1) the taxpayer had a regular place of	61073
business within this state at the time the loan was made; and (2)	61074
the taxpayer fails to show, by a preponderance of the evidence,	61075
that the preponderance of substantive contacts regarding such loan	61076
did not occur within this state.	61077

(b) In the case of a loan which is assigned by the taxpayer	61078
to a place without this state which is not a regular place of	61079
business, it shall be presumed, subject to rebuttal by the	61080
taxpayer on a showing supported by the preponderance of evidence,	61081
that the preponderance of substantive contacts regarding the loan	61082
occurred within this state if, at the time the loan was made the	61083
taxpayer's commercial domicile was within this state.	61084

(c) To determine the state in which the preponderance of	61085
substantive contacts relating to a loan have occurred, the facts	61086
and circumstances regarding the loan at issue shall be reviewed on	61087
a case-by-case basis and consideration shall be given to such	61088
activities as the solicitation, investigation, negotiation,	61089
approval, and administration of the loan. The terms	61090
"solicitation," "investigation," "negotiation," "approval," and	61091
"administration" are defined as follows:	61092

(i) "Solicitation" is either active or passive. Active	61093
solicitation occurs when an employee of the taxpayer initiates the	61094
contact with the customer. Such activity is located at the regular	61095
place of business which the taxpayer's employee is regularly	61096
connected with or working out of, regardless of where the services	61097
of such employee were actually performed. Passive solicitation	61098
occurs when the customer initiates the contact with the taxpayer.	61099
If the customer's initial contact was not at a regular place of	61100
business of the taxpayer, the regular place of business, if any,	61101
where the passive solicitation occurred is determined by the facts	61102
in each case.	61103

(ii) "Investigation" is the procedure whereby employees of	61104
the taxpayer determine the creditworthiness of the customer as	61105
well as the degree of risk involved in making a particular	61106
agreement. Such activity is located at the regular place of	61107
business which the taxpayer's employees are regularly connected	61108
with or working out of, regardless of where the services of such	61109
employees were actually performed.	61110

(iii) Negotiation is the procedure whereby employees of the	61111
taxpayer and its customer determine the terms of the agreement,	61112
such as the amount, duration, interest rate, frequency of	61113
repayment, currency denomination, and security required. Such	61114
activity is located at the regular place of business to which the	61115
taxpayer's employees are regularly connected or working from,	61116
regardless of where the services of such employees were actually	61117
performed.	61118

(iv) "Approval" is the procedure whereby employees or the	61119
board of directors of the taxpayer make the final determination	61120
whether to enter into the agreement. Such activity is located at	61121
the regular place of business to which the taxpayer's employees	61122
are regularly connected or working from, regardless of where the	61123
services of such employees were actually performed. If the board	61124
of directors makes the final determination, such activity is	61125
located at the commercial domicile of the taxpayer.	61126

(v) "Administration" is the process of managing the account.	61127
This process includes bookkeeping, collecting the payments,	61128
corresponding with the customer, reporting to management regarding	61129
the status of the agreement, and proceeding against the borrower	61130
or the security interest if the borrower is in default. Such	61131
activity is located at the regular place of business that oversees	61132
this activity.	61133

(d) A loan or advance to a subsidiary corporation at least	61134
fifty-one per cent of whose common stock is owned by the financial	61135
institution shall be allocated in and out of the state by the	61136
application of a ratio whose numerator is the sum of the net book	61137
value of the subsidiary's real property owned in this state and	61138
the subsidiary's tangible personal property owned in this state	61139
and whose denominator is the sum of the subsidiary's real property	61140
owned wherever located and the subsidiary's tangible personal	61141
property owned wherever located. For purposes of calculating this	61142
ratio, the taxpayer shall determine net book value in accordance	61143
with generally accepted accounting principles. If the subsidiary	61144
corporation owns at least fifty-one per cent of the common stock	61145
of another corporation, the ratio shall be calculated by including	61146
the other corporation's real property and tangible personal	61147
property. The calculation of the ratio applies with respect to all	61148
lower-tiered subsidiaries, provided that the immediate parent	61149
corporation of the subsidiary owns at least fifty-one per cent of	61150
the common stock of that subsidiary.	61151

(7) For purposes of determining the location of credit card	61152
receivables, credit card receivables shall be treated as loans and	61153
shall be subject to division (D)(6) of this section.	61154

(8) A loan that has been properly assigned to a state shall,	61155
absent any change of material fact, remain assigned to that state	61156
for the length of the original term of the loan. Thereafter, the	61157
loan may be properly assigned to another state if the loan has a	61158
preponderance of substantive contact to a regular place of	61159
business there.	61160

(E) A financial institution shall calculate the payroll	61161
factor as follows:	61162

(1) The payroll factor is a fraction, the numerator of which	61163
is the total amount paid in this state during the taxable year by	61164
the taxpayer for compensation, and the denominator of which is the	61165
total compensation paid both within and without this state during	61166
the taxable year.	61167

(2) Compensation is paid in this state if any one of the	61168
following tests, applied consecutively, is met:	61169

(a) The employee's services are performed entirely within	61170
this state.	61171

(b) The employee's services are performed both within and	61172
without this state, but the service performed without this state	61173
is incidental to the employee's service within this state. The	61174
term "incidental" means any service which is temporary or	61175
transitory in nature, or which is rendered in connection with an	61176
isolated transaction.	61177

(c) The employee's services are performed both within and	61178
without this state, and:	61179

(i) The employee's principal base of operations is within	61180
this state; or	61181

(ii) There is no principal base of operations in any state in	61182
which some part of the services are performed, but the place from	61183
which the services are directed or controlled is in this state; or	61184

(iii) The principal base of operations and the place from	61185
which the services are directed or controlled are not in any state	61186
in which some part of the service is performed but the employee's	61187
residence is in this state.	61188

(F) A financial institution shall calculate the sales factor	61189
as follows:	61190

(1) The sales factor is a fraction, the numerator of which is	61191
the receipts of the taxpayer in this state during the taxable year	61192
and the denominator of which is the receipts of the taxpayer	61193
within and without this state during the taxable year. The method	61194
of calculating receipts for purposes of the denominator is the	61195
same as the method used in determining receipts for purposes of	61196
the numerator.	61197

(2) The numerator of the sales factor includes receipts from	61198
the lease or rental of real property owned by the taxpayer if the	61199
property is located within this state, or receipts from the	61200
sublease of real property if the property is located within this	61201
state.	61202

(3)(a) Except as described in division (F)(3)(b) of this	61203
section the numerator of the sales factor includes receipts from	61204
the lease or rental of tangible personal property owned by the	61205
taxpayer if the property is located within this state when it is	61206
first placed in service by the lessee.	61207

(b) Receipts from the lease or rental of transportation	61208
property owned by the taxpayer are included in the numerator of	61209
the sales factor to the extent that the property is used in this	61210
state. The extent an aircraft will be deemed to be used in this	61211
state and the amount of receipts that is to be included in the	61212
numerator of this state's sales factor is determined by	61213
multiplying all the receipts from the lease or rental of the	61214
aircraft by a fraction, the numerator of which is the number of	61215
landings of the aircraft in this state and the denominator of	61216
which is the total number of landings of the aircraft. If the	61217
extent of the use of any transportation property within this state	61218
cannot be determined, then the property will be deemed to be used	61219
wholly in the state in which the property has its principal base	61220
of operations. A motor vehicle will be deemed to be used wholly in	61221
the state in which it is registered.	61222

(4)(a) The numerator of the sales factor includes interest	61223
and fees or penalties in the nature of interest from loans secured	61224
by real property if the property is located within this state. If	61225
the property is located both within this state and one or more	61226
other states, the receipts described in this paragraph are	61227
included in the numerator of the sales factor if more than fifty	61228
per cent of the fair market value of the real property is located	61229
within this state. If more than fifty per cent of the fair market	61230
value of the real property is not located within any one state,	61231
then the receipts described in this paragraph shall be included in	61232
the numerator of the sales factor if the borrower is located in	61233
this state.	61234

(b) The determination of whether the real property securing a	61235
loan is located within this state shall be made as of the time the	61236
original agreement was made and any and all subsequent	61237
substitutions of collateral shall be disregarded.	61238

(5) The numerator of the sales factor includes interest and	61239
fees or penalties in the nature of interest from loans not secured	61240
by real property if the borrower is located in this state.	61241

(6) The numerator of the sales factor includes net gains from	61242
the sale of loans. Net gains from the sale of loans includes	61243
income recorded under the coupon stripping rules of section 1286	61244
of the Internal Revenue Code.	61245

(a) The amount of net gains, but not less than zero, from the	61246
sale of loans secured by real property included in the numerator	61247
is determined by multiplying such net gains by a fraction the	61248
numerator of which is the amount included in the numerator of the	61249
sales factor pursuant to division (F)(4) of this section and the	61250
denominator of which is the total amount of interest and fees or	61251
penalties in the nature of interest from loans secured by real	61252
property.	61253

(b) The amount of net gains, but not less than zero, from the	61254
sale of loans not secured by real property included in the	61255
numerator is determined by multiplying such net gains by a	61256
fraction the numerator of which is the amount included in the	61257
numerator of the sales factor pursuant to division (F)(5) of this	61258
section and the denominator of which is the total amount of	61259
interest and fees or penalties in the nature of interest from	61260
loans not secured by real property.	61261

(7) The numerator of the sales factor includes interest and	61262
fees or penalties in the nature of interest from credit card	61263
receivables and receipts from fees charged to card holders, such	61264
as annual fees, if the billing address of the card holder is in	61265
this state.	61266

(8) The numerator of the sales factor includes net gains, but	61267
not less than zero, from the sale of credit card receivables	61268
multiplied by a fraction, the numerator of which is the amount	61269
included in the numerator of the sales factor pursuant to division	61270
(F)(7) of this section and the denominator of which is the	61271
taxpayer's total amount of interest and fees or penalties in the	61272
nature of interest from credit card receivables and fees charged	61273
to card holders.	61274

(9) The numerator of the sales factor includes all credit	61275
card issuer's reimbursement fees multiplied by a fraction, the	61276
numerator of which is the amount included in the numerator of the	61277
sales factor pursuant to division (F)(7) of this section and the	61278
denominator of which is the taxpayer's total amount of interest	61279
and fees or penalties in the nature of interest from credit card	61280
receivables and fees charged to card holders.	61281

(10) The numerator of the sales factor includes receipts from	61282
merchant discount if the commercial domicile of the merchant is in	61283
this state. Such receipts shall be computed net of any card holder	61284
charge backs, but shall not be reduced by any interchange	61285
transaction fees or by any issuer's reimbursement fees paid to	61286
another for charges made by its card holders.	61287

(11)(a)(i) The numerator of the sales factor includes loan	61288
servicing fees derived from loans secured by real property	61289
multiplied by a fraction the numerator of which is the amount	61290
included in the numerator of the sales factor pursuant to division	61291
(F)(4) of this section and the denominator of which is the total	61292
amount of interest and fees or penalties in the nature of interest	61293
from loans secured by real property.	61294

(ii) The numerator of the sales factor includes loan	61295
servicing fees derived from loans not secured by real property	61296
multiplied by a fraction the numerator of which is the amount	61297
included in the numerator of the sales factor pursuant to division	61298
(F)(5) of this section and the denominator of which is the total	61299
amount of interest and fees or penalties in the nature of interest	61300
from loans not secured by real property.	61301

(b) In circumstances in which the taxpayer receives loan	61302
servicing fees for servicing either the secured or the unsecured	61303
loans of another, the numerator of the sales factor shall include	61304
such fees if the borrower is located in this state.	61305

(12) The numerator of the sales factor includes receipts from	61306
services not otherwise apportioned under this section if the	61307
service is performed in this state. If the service is performed	61308
both within and without this state, the numerator of the sales	61309
factor includes receipts from services not otherwise apportioned	61310
under this section, if a greater proportion of the income	61311
producing activity is performed in this state based on cost of	61312
performance.	61313

(13)(a) Interest, dividends, net gains, but not less than	61314
zero, and other income from investment assets and activities and	61315
from trading assets and activities shall be included in the sales	61316
factor. Investment assets and activities and trading assets and	61317
activities include but are not limited to: investment securities;	61318
trading account assets; federal funds; securities purchased and	61319
sold under agreements to resell or repurchase; options; futures	61320
contracts; forward contracts; notional principal contracts such as	61321
swaps; equities; and foreign currency transactions. With respect	61322
to the investment and trading assets and activities described in	61323
divisions (F)(13)(a)(i) and (ii) of this section, the sales factor	61324
shall include the amounts described in such divisions.	61325

(i) The sales factor shall include the amount by which	61326
interest from federal funds sold and securities purchased under	61327
resale agreements exceeds interest expense on federal funds	61328
purchased and securities sold under repurchase agreements.	61329

(ii) The sales factor shall include the amount by which	61330
interest, dividends, gains, and other income from trading assets	61331
and activities, including, but not limited to, assets and	61332
activities in the matched book, in the arbitrage book, and foreign	61333
currency transactions, exceed amounts paid in lieu of interest,	61334
amounts paid in lieu of dividends, and losses from such assets and	61335
activities.	61336

(b) The numerator of the sales factor includes interest,	61337
dividends, net gains, but not less than zero, and other income	61338
from investment assets and activities and from trading assets and	61339
activities described in division (F)(13)(a) of this section that	61340
are attributable to this state.	61341

(i) The amount of interest, other than interest described in	61342
division (F)(13)(b)(iv) of this section, dividends, other than	61343
dividends described in that division, net gains, but not less than	61344
zero, and other income from investment assets and activities in	61345
the investment account to be attributed to this state and included	61346
in the numerator is determined by multiplying all such income from	61347
such assets and activities by a fraction, the numerator of which	61348
is the average value of such assets which are properly assigned to	61349
a regular place of business of the taxpayer within this state and	61350
the denominator of which is the average value of all such assets.	61351

(ii) The amount of interest from federal funds sold and	61352
purchased and from securities purchased under resale agreements	61353
and securities sold under repurchase agreements attributable to	61354
this state and included in the numerator is determined by	61355
multiplying the amount described in division (F)(13)(a)(i) of this	61356
section from such funds and such securities by a fraction, the	61357
numerator of which is the average value of federal funds sold and	61358
securities purchased under agreements to resell which are properly	61359
assigned to a regular place of business of the taxpayer within	61360
this state and the denominator of which is the average value of	61361
all such funds and such securities.	61362

(iii) The amount of interest, dividends, gains, and other	61363
income from trading assets and activities, including but not	61364
limited to assets and activities in the matched book, in the	61365
arbitrage book, and foreign currency transaction, but excluding	61366
amounts described in division (F)(13)(b)(i) or (ii) of this	61367
section, attributable to this state and included in the numerator	61368
is determined by multiplying the amount described in division	61369
(F)(13)(a)(ii) of this section by a fraction, the numerator of	61370
which is the average value of such trading assets which are	61371
properly assigned to a regular place of business of the taxpayer	61372
within this state and the denominator of which is the average	61373
value of all such assets.	61374

(iv) The amount of dividends received on the capital stock	61375
of, and the amount of interest received from loans and advances	61376
to, subsidiary corporations at least fifty-one per cent of whose	61377
common stock is owned by the reporting financial institution shall	61378
be allocated in and out of this state by the application of a	61379
ratio whose numerator is the sum of the net book value of the	61380
payor's real property owned in this state and the payor's tangible	61381
personal property owned in this state and whose denominator is the	61382
sum of the net book value of the payor's real property owned	61383
wherever located and the payor's tangible personal property owned	61384
wherever located. For purposes of calculating this ratio, the	61385
taxpayer shall determine net book value in accordance with	61386
generally accepted accounting principles.	61387

(v) For purposes of this division, average value shall be	61388
determined using the rules for determining the average value of	61389
tangible personal property set forth in division (D)(2) and (3) of	61390
this section.	61391

(c) In lieu of using the method set forth in division	61392
(F)(13)(b) of this section, the taxpayer may elect, or the tax	61393
commissioner may require in order to fairly represent the business	61394
activity of the taxpayer in this state, the use of the method set	61395
forth in division (F)(13)(c) of this section.	61396

(i) The amount of interest, other than interest described in	61397
division (F)(13)(b)(iv) of this section, dividends, other than	61398
dividends described in that division, net gains, but not less than	61399
zero, and other income from investment assets and activities in	61400
the investment account to be attributed to this state and included	61401
in the numerator is determined by multiplying all such income from	61402
such assets and activities by a fraction, the numerator of which	61403
is the gross income from such assets and activities which are	61404
properly assigned to a regular place of business of the taxpayer	61405
within this state, and the denominator of which is the gross	61406
income from all such assets and activities.	61407

(ii) The amount of interest from federal funds sold and	61408
purchased and from securities purchased under resale agreements	61409
and securities sold under repurchase agreements attributable to	61410
this state and included in the numerator is determined by	61411
multiplying the amount described in division (F)(13)(a)(i) of this	61412
section from such funds and such securities by a fraction, the	61413
numerator of which is the gross income from such funds and such	61414
securities which are properly assigned to a regular place of	61415
business of the taxpayer within this state and the denominator of	61416
which is the gross income from all such funds and such securities.	61417

(iii) The amount of interest, dividends, gains, and other	61418
income from trading assets and activities, including, but not	61419
limited to, assets and activities in the matched book, in the	61420
arbitrage book, and foreign currency transactions, but excluding	61421
amounts described in division (F)(13)(a)(i) or (ii) of this	61422
section, attributable to this state and included in the numerator,	61423
is determined by multiplying the amount described in division	61424
(F)(13)(a)(ii) of this section by a fraction, the numerator of	61425
which is the gross income from such trading assets and activities	61426
which are properly assigned to a regular place of business of the	61427
taxpayer within this state and the denominator of which is the	61428
gross income from all such assets and activities.	61429

(iv) The amount of dividends received on the capital stock	61430
of, and the amount of interest received from loans and advances	61431
to, subsidiary corporations at least fifty-one per cent of whose	61432
common stock is owned by the reporting financial institution shall	61433
be allocated in and out of this state by the application of a	61434
ratio whose numerator is the sum of the net book value of the	61435
payor's real property owned in this state and the payor's tangible	61436
personal property owned in this state and whose denominator is the	61437
sum of the payor's real property owned wherever located and the	61438
payor's tangible personal property owned wherever located. For	61439
purposes of calculating this ratio, the taxpayer shall determine	61440
net book value in accordance with generally accepted accounting	61441
principles.	61442

(d) If the taxpayer elects or is required by the tax	61443
commissioner to use the method set forth in division (F)(13)(c) of	61444
this section, it shall use this method on all subsequent returns	61445
unless the taxpayer receives prior permission from the tax	61446
commissioner to use or the tax commissioner requires a different	61447
method.	61448

(e) The taxpayer shall have the burden of proving that an	61449
investment asset or activity or trading asset or activity was	61450
properly assigned to a regular place of business outside of this	61451
state by demonstrating that the day-to-day decisions regarding the	61452
asset or activity occurred at a regular place of business outside	61453
this state. Where the day-to-day decisions regarding an investment	61454
asset or activity or trading asset or activity occur at more than	61455
one regular place of business and one such regular place of	61456
business is in this state and one such regular place of business	61457
is outside this state such asset or activity shall be considered	61458
to be located at the regular place of business of the taxpayer	61459
where the investment or trading policies or guidelines with	61460
respect to the asset or activity are established. Unless the	61461
taxpayer demonstrates to the contrary, such policies and	61462
guidelines shall be presumed to be established at the commercial	61463
domicile of the taxpayer.	61464

(14) The numerator of the sales factor includes all other	61465
receipts if either:	61466

(a) The income-producing activity is performed solely in this	61467
state; or	61468

(b) The income-producing activity is performed both within	61469
and without this state and a greater proportion of the	61470
income-producing activity is performed within this state than in	61471
any other state, based on costs of performance.	61472

(G) A qualified institution may calculate the base upon which	61473
the fee provided for in division (D) of section 5733.06 of the	61474
Revised Code is determined for each tax year by multiplying the	61475
value of its issued and outstanding shares of stock determined	61476
under division (B) of this section by a single deposits fraction	61477
whose numerator is the deposits assigned to branches in this state	61478
and whose denominator is the deposits assigned to branches	61479
everywhere. Deposits shall be assigned to branches in the same	61480
manner in which the assignment is made for regulatory purposes. If	61481
the base calculated under this division is less than the base	61482
calculated under division (C) of this section, then the qualifying	61483
institution may elect to substitute the base calculated under this	61484
division for the base calculated under division (C) of this	61485
section. Such election may be made annually for each tax year on	61486
the corporate report. The election need not accompany the report;	61487
rather, the election may accompany a subsequently filed but timely	61488
application for refund, a subsequently filed but timely amended	61489
report, or a subsequently filed but timely petition for	61490
reassessment. The election is not irrevocable and it applies only	61491
to the specified tax year. Nothing in this division shall be	61492
construed to extend any statute of limitations set forth in this	61493
chapter.	61494

(H) If the apportionment provisions of this section do not	61495
fairly represent the extent of the taxpayer's business activity in	61496
this state, the taxpayer may petition for or the tax commissioner	61497
may require, in respect to all or any part of the taxpayer's	61498
business activity, if reasonable:	61499

(1) Separate accounting;

61500

(2) The exclusion of any one or more of the factors;

61501

(3) The inclusion of one or more additional factors which	61502
will fairly represent the taxpayer's business activity in this	61503
state; or	61504

(4) The employment of any other method to effectuate an	61505
equitable allocation and apportionment of the taxpayer's value.	61506

Sec. 5733.059. (A) As used in this section:

61507

(1) "Customer" means a person who purchases electricity for	61508
consumption either by that person or by the person's related	61509
member and the electricity is not for resale directly or	61510
indirectly to any person other than a related member.	61511

(2) "Related member" has the same meaning as in division	61512
(A)(6) of section 5733.042 of the Revised Code without regard to	61513
division (B) of that section.	61514

(B) Except as provided in division (C) of this section, this	61515
division applies only to sales of electric transmission and	61516
distribution services. For purposes of sections 5733.05 and	61517
5747.21 of the Revised Code:	61518

(1) Sales of the transmission of electricity are in this	61519
state in proportion to the ratio of the wire mileage of the	61520
taxpayer's transmission lines located in this state divided by the	61521
wire mileage of the taxpayer's transmission lines located	61522
everywhere. Transmission wire mileage shall be weighted for the	61523
voltage capacity of each line.	61524

(2) Sales of the distribution of electricity are in this	61525
state in proportion to the ratio of the wire mileage of the	61526
taxpayer's distribution lines located in this state divided by the	61527
wire mileage of the taxpayer's distribution lines located	61528
everywhere. Distribution wire mileage shall not be weighted for	61529
the voltage capacity of each line.	61530

(C) This division applies only to a person that has	61531
transmission or distribution lines in this state. If a contract	61532
for the sale of electricity includes the seller's or the seller's	61533
related member's obligation to transmit or distribute the	61534
electricity and if the sales contract separately identifies the	61535
price charged for the transmission or distribution of electricity,	61536
the price charged for the transmission and distribution of	61537
electricity shall be apportioned to this state in accordance with	61538
division (B) of this section. Any remaining portion of the sales	61539
price of the electricity shall be sitused to this state in	61540
accordance with division (D) of this section.	61541

If the sales contract does not separately identify the price	61542
charged for the transmission or distribution of electricity, the	61543
sales price of the electricity shall be sitused to this state in	61544
accordance with division (D) of this section.	61545

(D) Any person who makes a sale of electricity shall situs	61546
the following to this state:	61547

(1) A sale of electricity directly or indirectly to a	61548
customer to the extent the customer consumes the electricity in	61549
this state;	61550

(2) A sale of electricity directly or indirectly to a related	61551
member where the related member directly or indirectly sells	61552
electricity to a customer to the extent the customer consumes the	61553
electricity in this state;	61554

(3) A sale of electricity if the seller or the seller's	61555
related member directly or indirectly delivers the electricity to	61556
a location in this state or directly or indirectly delivers the	61557
electricity exactly to the border of this state and another state;	61558

(4) A sale of electricity if the seller or the seller's	61559
related member directly or indirectly directs the delivery of the	61560
electricity to a location in this state or directly or indirectly	61561
directs the delivery of the electricity exactly to the border of	61562
this state and another state.	61563

(E) If the situsing provisions of this section do not fairly	61564
represent the extent of the taxpayer's or the taxpayer's related	61565
member's activity in this state, the taxpayer may request, or the	61566
tax commissioner may require, in respect to all or part of a	61567
taxpayer's or related member's sales, if reasonable, any of the	61568
following:	61569

(1) Separate accounting;

61570

(2) The exclusion of one or more additional situsing factors	61571
that will fairly represent the taxpayer's and the related member's	61572
sales in this state;	61573

(3) The inclusion of one or more additional situsing factors	61574
that will fairly represent the taxpayer's and the related member's	61575
sales in this state.	61576

The taxpayer's request shall be in writing and shall be filed	61577
with the report required by section 5733.02 of the Revised Code, a	61578
timely filed petition for reassessment, or a timely filed amended	61579
report. An alternative situsing method shall be effective with the	61580
approval of the tax commissioner.	61581

Nothing in this section shall be construed to extend any	61582
statute of limitations set forth in this chapter.	61583

(F) If the situsing provisions of this section do not fairly	61584
represent activity in this state, the tax commissioner may	61585
promulgate rules to situs sales using a methodology that fairly	61586
reflects sales in this state.	61587

(G) Notwithstanding ~~sections 5733.111 and 5747.131~~section	61588
5703.56 of the Revised Code to the contrary, a person situsing a	61589
sale outside this state has the burden to establish by a	61590
preponderance of the evidence that the doctrines enumerated in	61591
~~those sections~~that section do not apply.	61592

Sec. 5733.0511. (A) As used in this section:

61593

(1) "Qualifying telephone company taxpayer" means either of	61594
the following:	61595

(a) A telephone company, but only if the telephone company	61596
was subject to the tax imposed by section 5727.30 of the Revised	61597
Code for gross receipts received during the period from July 1,	61598
2003, to June 30, 2004, and the telephone company's property	61599
subject to taxation under Chapter 5727. of the Revised Code for	61600
tax years 2003 through 2006 was assessed using the true value	61601
percentages provided for in division (B) of section 5727.111 of	61602
the Revised Code.	61603

(b) Any taxpayer not described in division (A)(1)(a) of this	61604
section if a telephone company described in division (A)(1)(a) of	61605
this section transfers all or a portion of its assets and equity	61606
directly or indirectly to the taxpayer, the transfer occurred as	61607
part of an entity organization or reorganization, or subsequent	61608
entity organization or reorganization, and the gain or loss with	61609
respect to the transfer is not recognized in whole or in part for	61610
federal income tax purposes under the Internal Revenue Code on	61611
account of a transfer as part of an entity organization or	61612
reorganization, or subsequent entity organization or	61613
reorganization.	61614

(2) "Qualifying telephone company asset" means any asset	61615
shown on the qualifying telephone company taxpayer's books and	61616
records on December 31, 2003, in accordance with generally	61617
accepted accounting principles.	61618

(3) "Net income" has the same meaning as in division (I) of	61619
section 5733.04 of the Revised Code.	61620

(4) "Book-tax difference" means the difference, if any,	61621
between a qualifying telephone company asset's net book value	61622
shown on the qualifying telephone company taxpayer's books and	61623
records on December 31, 2003, in accordance with generally	61624
accepted accounting principles, and such asset's adjusted basis on	61625
December 31, 2003. The book-tax differential may be a negative	61626
number.	61627

(5) Solely for purposes of division (A)(1)(a) of this	61628
section, "tax year" has the same meaning as used in section	61629
5727.01 of the Revised Code.	61630

(B) In computing net income under division (I) of section	61631
5733.04 of the Revised Code, a qualifying telephone company	61632
taxpayer shall adjust net income to reflect a ten-year	61633
amortization of the book-tax difference for each qualifying	61634
telephone company asset, in equal installments over each of the	61635
ten tax years beginning with 2010. If the net book value exceeds	61636
the adjusted basis of the asset as of December 31, 2003, net	61637
income shall be reduced in each of the ten years beginning with	61638
tax year 2010 by one-tenth of the book-tax difference. If the	61639
adjusted basis exceeds the net book value of the asset as of	61640
December 31, 2003, net income shall be increased in each of the	61641
ten years beginning with tax year 2010 by one-tenth of the	61642
absolute value of the book-tax difference. The adjustment to net	61643
income provided for by this division shall apply without regard to	61644
the disposal of those assets after December 31, 2003.	61645

(C) The allocation and apportionment of this amortization of	61646
the book-tax difference under this section shall be governed by	61647
division (B) of section 5733.05 and by section 5733.051 of the	61648
Revised Code. The tax commissioner may prescribe rules regarding	61649
the apportionment of the amortization of the book-tax difference	61650
under this section.	61651

(D) Nothing in this section shall allow for an adjustment	61652
more than once with respect to the same qualifying asset or allow	61653
more than one corporation to claim an adjustment with respect to	61654
the same qualifying telephone company asset.	61655

Sec. 5733.0611. (A) There is hereby allowed a nonrefundable	61656
credit against the tax imposed under section 5733.06 of the	61657
Revised Code. The credit shall be equal to the taxpayer's	61658
proportionate share of the lesser of either the tax due or the tax	61659
paid by any qualifying entity under section 5733.41 of the Revised	61660
Code for the qualifying taxable year of the qualifying entity that	61661
ends in the taxable year of the taxpayer. The taxpayer shall claim	61662
the credit for the taxpayer's taxable year in which ends the	61663
qualifying entity's qualifying taxable year.	61664

In claiming the credit and determining its proportionate	61665
share of the tax due and the tax paid by the qualifying entity,	61666
the person claiming the credit shall follow the concepts set forth	61667
in subchapter K of the Internal Revenue Code. Nothing in this	61668
division shall be construed to limit or disallow pass-through	61669
treatment of a pass-through entity's income, deductions, credits,	61670
or other amounts necessary to compute the tax imposed and the	61671
credits allowed under this chapter.	61672

The credit shall be claimed in the order required under	61673
section 5733.98 of the Revised Code. Any unused credit shall be	61674
allowed as a credit in the ensuing tax year. Any such amount	61675
allowed as a credit in an ensuing tax year shall be deducted from	61676
the balance carried forward to the next ensuing tax year.	61677

(B) Any person that is not a taxpayer solely by reason of	61678
division (A) or (C) of section 5733.09 of the Revised Code or a	61679
person described in section 501(c) of the Internal Revenue Code or	61680
division (F) of section 3334.01 of the Revised Code, but that	61681
would be entitled to claim the nonrefundable credit under this	61682
section if that person were a taxpayer, may file an application	61683
for refund pursuant to section 5733.12 of the Revised Code. Upon	61684
proper application for refund under that section, the tax	61685
commissioner shall issue a refund in the amount of the credit to	61686
which that person would have been entitled under division (A)(1)	61687
of this section if the person had been a taxpayer, and as if the	61688
credit were a refundable credit.	61689

(C) If an organization described in section 401(a) of the	61690
Internal Revenue Code or a trust or fund is entitled to a	61691
proportionate share of the lesser of either the tax due or the tax	61692
paid by any qualifying entity under section 5733.41 of the Revised	61693
Code, and if that proportionate share is then or could be	61694
allocable to an exempt person as defined in division (D) of this	61695
section, then the organization, trust, or fund may file an	61696
application for refund with respect to such allocable amounts	61697
pursuant to section 5733.12 of the Revised Code. Upon proper	61698
application for refund under that section, the tax commissioner	61699
shall issue a refund in the amount of the credit to which the	61700
organization, trust, or fund would have been entitled under	61701
division (A)(1) of this section had the organization, trust, or	61702
fund been a taxpayer, and as if the credit were a refundable	61703
credit. To the extent that such an organization, trust, or fund is	61704
permitted to apply for a refund under this division, or to the	61705
extent that such an organization, trust, or fund has applied for	61706
such a refund, exempt persons are not entitled to the credit	61707
authorized under this section or section 5747.059 of the Revised	61708
Code.	61709

(D)(1) For the purposes of division (C) of this section only,	61710
"exempt person" means any of the following:	61711

(a) A person that is or may be the beneficiary of a trust if	61712
the trust is subject to Subchapter D of Chapter 1 of Subtitle A of	61713
the Internal Revenue Code.	61714

(b) A person that is or may be the beneficiary of or the	61715
recipient of payments from a nuclear decommissioning reserve fund,	61716
a designated settlement fund, or any other trust or fund	61717
established to resolve and satisfy claims that may otherwise be	61718
asserted by the beneficiary or a member of the beneficiary's	61719
family. Sections 267(c)(4), 468A(e), and 468B(d)(2) of the	61720
Internal Revenue Code apply to the determination of whether such a	61721
person is an exempt person under division (D) of this section.	61722

(c) A person, other than a person that is treated as a C	61723
corporation for federal income tax purposes, who is or may be the	61724
beneficiary of a trust that, under its governing instrument, is	61725
not required to distribute all of its income currently. Division	61726
(D)(1)(c) of this section applies only if the trust irrevocably	61727
agrees that for the taxable year during or for which the trust	61728
distributes any of its income to any of the beneficiaries, the	61729
trust is a qualifying trust as defined in section 5733.40 of the	61730
Revised Code and will pay the estimated tax, and will withhold and	61731
pay the withheld tax as required under section 5733.41 and	61732
sections 5747.40 to 5747.453 of the Revised Code.	61733

(2) An exempt person does not include any person that would	61734
not qualify as an exempt person under the doctrines of "economic	61735
reality," "sham transaction," "step doctrine," or "substance over	61736
form." Notwithstanding ~~sections 5733.111 and 5747.131~~section	61737
5703.56 of the Revised Code to the contrary, an organization,	61738
trust, or fund described in division (C) of this section bears the	61739
burden of establishing by a preponderance of the evidence that any	61740
transaction giving rise to a claim for a refundable credit under	61741
this section does not have as a principal purpose a claim for that	61742
credit. Nothing in this section shall be construed to limit solely	61743
to this section the application of the doctrines referred to in	61744
division (D)(2) of this section.	61745

(E) Nothing in this section shall be construed to allow a	61746
refund more than once with respect to the taxes imposed under	61747
section 5733.41 or 5747.41 of the Revised Code.	61748

Sec. 5733.09. (A) An(1) Except as provided in divisions	61749
(A)(2) and (3) of this section, an incorporated company, whether	61750
foreign or domestic, owning and operating a public utility in this	61751
state, and required by law to file reports with the tax	61752
commissioner and to pay an excise tax upon its gross receipts, and	61753
insurance, fraternal, beneficial, bond investment, and other	61754
corporations required by law to file annual reports with the	61755
superintendent of insurance and dealers in intangibles, the shares	61756
of which are, or the capital or ownership in capital employed by	61757
such dealer is, subject to the taxes imposed by section 5707.03 of	61758
the Revised Code, shall not be subject to this chapter, except for	61759
sections 5733.031, 5733.042, 5733.05, 5733.052, 5733.053,	61760
5733.069, 5733.0611, 5733.40, 5733.41, and sections 5747.40 to	61761
5747.453 of the Revised Code. However, for reports required to be	61762
filed under section 5725.14 of the Revised Code in 2003 and	61763
thereafter, nothing in this section shall be construed to exempt	61764
the property of any dealer in intangibles under section 5725.13 of	61765
the Revised Code from the tax imposed under section 5707.03 of the	61766
Revised Code. An	61767

(2) An electric company subject to the filing requirements of	61768
section 5727.08 of the Revised Code or otherwise having nexus with	61769
or in this state under the Constitution of the United States, or	61770
any other corporation having any gross receipts directly	61771
attributable to providing public utility service as an electric	61772
company or having any property directly attributable to providing	61773
public utility service as an electric company, is subject to this	61774
chapter.	61775

(3) A telephone company that no longer pays an excise tax	61776
under section 5727.30 of the Revised Code on its gross receipts	61777
billed after June 30, 2004, is first subject to taxation under	61778
this chapter for tax year 2005. For that tax year, a telephone	61779
company with a taxable year ending in 2004 shall compute the tax	61780
imposed under this chapter, and shall compute the net operating	61781
loss carry forward for tax year 2005, by multiplying the tax owed	61782
under this chapter, net of all nonrefundable credits, or the loss	61783
for the taxable year, by fifty per cent.	61784

(B) A corporation that has made an election under subchapter	61785
S, chapter one, subtitle A, of the Internal Revenue Code for its	61786
taxable year under such code is exempt from the tax imposed by	61787
section 5733.06 of the Revised Code that is based on that taxable	61788
year.	61789

A corporation that makes such an election shall file a notice	61790
of such election with the tax commissioner between the first day	61791
of January and the thirty-first day of March of each tax year that	61792
the election is in effect.	61793

(C) An entity defined to be a "real estate investment trust"	61794
by section 856 of the Internal Revenue Code, a "regulated	61795
investment company" by section 851 of the Internal Revenue Code,	61796
or a "real estate mortgage investment conduit" by section 860D of	61797
the Internal Revenue Code, is exempt from taxation for a tax year	61798
as a corporation under this chapter and is exempt from taxation	61799
for a return year as a dealer in intangibles under Chapter 5725.	61800
of the Revised Code if it provides the report required by this	61801
division. By the last day of March of the tax or return year the	61802
entity shall submit to the tax commissioner the name of the entity	61803
with a list of the names, addresses, and social security or	61804
federal identification numbers of all investors, shareholders, and	61805
other similar investors who owned any interest or invested in the	61806
entity during the preceding calendar year. The commissioner may	61807
extend the date by which the report must be submitted for	61808
reasonable cause shown by the entity. The commissioner may	61809
prescribe the form of the report required for exemption under this	61810
division.	61811

(D)(1) As used in this division:

61812

(a) "Commercial printer" means a person primarily engaged in	61813
the business of commercial printing. However, "commercial printer"	61814
does not include a person primarily engaged in the business of	61815
providing duplicating services using photocopy machines or other	61816
xerographic processes.	61817

(b) "Commercial printing" means printing by one or more	61818
common processes such as letterpress, lithography, gravure,	61819
screen, or digital imaging, and includes related activities such	61820
as binding, platemaking, prepress operation, cartographic	61821
composition, and typesetting.	61822

(c) "Contract for printing" means an oral or written	61823
agreement for the purchase of printed materials produced by a	61824
commercial printer.	61825

(d) "Intangible property located at the premises of a	61826
commercial printer" means intangible property of any kind owned or	61827
licensed by a customer of the commercial printer and furnished to	61828
the commercial printer for use in commercial printing.	61829

(e) "Printed material" means any tangible personal property	61830
produced or processed by a commercial printer pursuant to a	61831
contract for printing.	61832

(f) "Related member" has the same meaning as in ~~division~~	61833
~~(A)(6) of~~ section 5733.042 of the Revised Code without regard to	61834
division (B) of that section.	61835

(2) Except as provided in divisions (D)(3) and (4) of this	61836
section, a corporation not otherwise subject to the tax imposed by	61837
section 5733.06 of the Revised Code for a tax year does not become	61838
subject to that tax for the tax year solely by reason of any one	61839
or more of the following occurring in this state during the	61840
taxable year that ends immediately prior to the tax year:	61841

(a) Ownership by the corporation or a related member of the	61842
corporation of tangible personal property or intangible property	61843
located during all or any portion of the taxable year or on the	61844
first day of the tax year at the premises of a commercial printer	61845
with which the corporation or the corporation's related member has	61846
a contract for printing with respect to such property or the	61847
premises of a commercial printer's related member with which the	61848
corporation or the corporation's related member has a contract for	61849
printing with respect to such property;	61850

(b) Sales by the corporation or a related member of the	61851
corporation of property produced at and shipped or distributed	61852
from the premises of a commercial printer with which the	61853
corporation or the corporation's related member has a contract for	61854
printing with respect to such property or the premises of a	61855
commercial printer's related member with which the corporation or	61856
the corporation's related member has a contract for printing with	61857
respect to such property;	61858

(c) Activities of employees, officers, agents, or contractors	61859
of the corporation or a related member of the corporation on the	61860
premises of a commercial printer with which the corporation or the	61861
corporation's related member has a contract for printing or the	61862
premises of a commercial printer's related member with which the	61863
corporation or the corporation's related member has a contract for	61864
printing, where the activities are directly and solely related to	61865
quality control, distribution, or printing services, or any	61866
combination thereof, performed by or at the direction of the	61867
commercial printer or the commercial printer's related member.	61868

(3) The exemption under this division does not apply for a	61869
taxable year to any corporation having on the first day of January	61870
of the tax year or at any time during the taxable year ending	61871
immediately preceding the first day of January of the tax year a	61872
related member which, on the first day of January of the tax year	61873
or during any portion of such taxable year of the corporation, has	61874
nexus in or with this state under the Constitution of the United	61875
States or holds a certificate of compliance with the laws of this	61876
state authorizing it to do business in this state.	61877

(4) With respect to allowing the exemption under this	61878
division, the tax commissioner shall be guided by the doctrines of	61879
"economic reality," "sham transaction," "step transaction," and	61880
"substance over form." A corporation shall bear the burden of	61881
establishing by a preponderance of the evidence that any	61882
transaction giving rise to an exemption claimed under this	61883
division did not have as a principal purpose the avoidance of any	61884
portion of the tax imposed by section 5733.06 of the Revised Code.	61885

Application of the doctrines listed in division (D)(4) of	61886
this section is not limited to this division.	61887

Sec. 5733.121. If a corporation entitled to a refund under	61888
section 5733.11 or 5733.12 of the Revised Code is indebted to this	61889
state for any tax, workers' compensation premium due under section	61890
4123.35 of the Revised Code, unemployment compensation	61891
contribution due under section 4141.25 of the Revised Code, or	61892
unemployment compensation payment in lieu of contribution under	61893
section 4141.241 of the Revised Code or fee ~~administered by the~~	61894
~~tax commissioner~~ that is paid to the state or to the clerk of	61895
courts pursuant to section 4505.06 of the Revised Code, or any	61896
charge, penalty, or interest arising from such a tax, workers'	61897
compensation premium, unemployment compensation contribution, or	61898
unemployment compensation payment in lieu of contribution under	61899
section 4141.241 of the Revised Code or fee, the amount refundable	61900
may be applied in satisfaction of the debt. If the amount	61901
refundable is less than the amount of the debt, it may be applied	61902
in partial satisfaction of the debt. If the amount refundable is	61903
greater than the amount of the debt, the amount remaining after	61904
satisfaction of the debt shall be refunded. If the corporation has	61905
more than one such debt, any debt subject to section 5739.33 or	61906
division (G) of section 5747.07 of the Revised Code shall be	61907
satisfied first. This section applies only to debts that have	61908
become final.	61909

The tax commissioner may, with the consent of the taxpayer,	61910
provide for the crediting, against tax due for any tax year, of	61911
the amount of any refund due the taxpayer under this chapter for a	61912
preceding tax year.	61913

Sec. 5733.18. Annually, on the day fixed for the payment of	61914
any excise or franchise tax required to be paid by law, such tax,	61915
together with any penalties subsequently accruing thereon, shall	61916
become a lien on all property in this state of a corporation,	61917
whether such property is employed by the corporation in the	61918
prosecution of its business or is in the hands of an assignee,	61919
trustee, or receiver for the benefit of the creditors and	61920
stockholders. Such lien shall continue until such taxes, together	61921
with any penalties subsequently accruing, are paid.	61922

Upon failure of such corporation to pay such tax on the day	61923
fixed for payment, the tax commissioner may file, for which filing	61924
no fee shall be charged, in the office of the county recorder in	61925
each county in this state in which such corporation owns or has a	61926
beneficial interest in real estate, notice of such lien containing	61927
a brief description of such real estate. Such lien shall not be	61928
valid as against any mortgagee, purchaser, or judgment creditor	61929
whose rights have attached prior to the time such notice is so	61930
filed in the county in which the real estate which is the subject	61931
of such mortgage, purchase, or judgment lien is located. Such	61932
notice shall be recorded in a book kept by the recorder, called	61933
the corporation franchise lien record, and indexed under the name	61934
of the corporation charged with such tax. When such tax, together	61935
with any penalties subsequently accruing thereon, has been paid,	61936
the tax commissioner shall furnish to the corporation an	61937
acknowledgment of such payment which the corporation may record	61938
with the recorder of each county in which notice of such lien has	61939
been filed, for which recording the recorder shall charge and	61940
receive a base fee of two dollars for services and a housing trust	61941
fund fee of two dollars pursuant to section 317.36 of the Revised	61942
Code.	61943

Sec. 5733.22. (A)(1) Any corporation whose articles of	61944
incorporation or license certificate to do or transact business in	61945
this state has been canceled by the secretary of state pursuant to	61946
section 5733.20 of the Revised Code for failure to make any report	61947
or return or to pay any tax or fee, shall be reinstated and again	61948
entitled to exercise its rights, privileges, and franchises in	61949
this state, and the secretary of state shall cancel the entry of	61950
cancellation to exercise its rights, privileges, and franchises	61951
upon compliance with all of the following:	61952

(a) Payment to the secretary of state of any additional fees	61953
and penalties required to be paid to the secretary of state;	61954

(b) Filing with the secretary of state a certificate from the	61955
tax commissioner that it has complied with all the requirements of	61956
law as to franchise or excise tax reports and paid all franchise	61957
or excise taxes, fees, or penalties due thereon for every year of	61958
its delinquency;	61959

(c) Payment to the secretary of state of an additional fee of	61960
ten dollars.	61961

(2) The applicant for reinstatement shall be required by the	61962
secretary of state, as a condition prerequisite to such	61963
reinstatement, to amend its articles by changing its name if all	61964
of the following apply:	61965

(a) The reinstatement is not made within one year from the	61966
date of the cancellation of its articles of incorporation or date	61967
of the cancellation of its license to do business;	61968

(b) It appears that the applicant's articles of incorporation	61969
or license certificate has been issued to another entity and is	61970
not distinguishable upon the record from the name of the	61971
applicant;	61972

(c) It appears that the articles of organization of a limited	61973
liability company, registration of a foreign limited liability	61974
company, certificate of limited partnership, registration of a	61975
foreign limited partnership, registration of a domestic or foreign	61976
limited liability partnership, or registration of a trade name has	61977
been issued to another entity and is not distinguishable upon the	61978
record from the name of the applicant. A certificate of	61979
reinstatement may be filed in the recorder's office of any county	61980
in the state, for which the recorder shall charge and collect a	61981
base fee of three dollars for services and a housing trust fund	61982
fee of three dollars pursuant to section 317.36 of the Revised	61983
Code.	61984

Any officer, shareholder, creditor, or receiver of any such	61985
corporation may at any time take all steps required by this	61986
section to effect such reinstatement.	61987

(B) The rights, privileges, and franchises of a corporation	61988
whose articles of incorporation have been reinstated in accordance	61989
with this section, are subject to section 1701.922 of the Revised	61990
Code.	61991

(C) Notwithstanding a violation of section 5733.21 of the	61992
Revised Code, upon reinstatement of a corporation's articles of	61993
incorporation in accordance with this section, neither section	61994
5733.20 nor section 5733.21 of the Revised Code shall be applied	61995
to invalidate the exercise or attempt to exercise any right,	61996
privilege, or franchise on behalf of the corporation by an	61997
officer, agent, or employee of the corporation after cancellation	61998
and prior to the reinstatement of the articles, if the conditions	61999
set forth in divisions (B)(1)(a) and (b) of section 1701.922 of	62000
the Revised Code are met.	62001

Sec. 5733.45. (A) For purposes of this section, a "qualifying	62002
dealer in intangibles" is a dealer in intangibles that is a member	62003
of a qualifying controlled group of which a financial institution	62004
is also a member on the first day of the financial institution's	62005
tax year.	62006

(B) For tax years 2002 and thereafter, there is hereby	62007
allowed to each financial institution a nonrefundable credit	62008
against the tax imposed by section 5733.06 of the Revised Code.	62009
The amount of the credit shall be computed in accordance with	62010
division (C) of this section. The credit shall be claimed in the	62011
order prescribed by section 5733.98 of the Revised Code. The	62012
credit shall not exceed the amount of tax otherwise due under	62013
section 5733.06 of the Revised Code after deducting any other	62014
credits that precede the credit claimed under this section in that	62015
order.	62016

(C) Subject to division (D) of this section, the amount of	62017
the nonrefundable credit is the lesser of the amount described in	62018
division (C)(1) of this section or the amount described in	62019
division (C)(2) of this section.	62020

(1) The amount of tax that a qualifying dealer in intangibles	62021
paid under Chapter 5707. of the Revised Code during the calendar	62022
year immediately preceding the financial institution's tax year.	62023
Such amount shall be reduced, but not below zero, by any refunds	62024
of such tax received by the qualifying dealer in intangibles under	62025
Chapter 5703. of the Revised Code during that calendar year.	62026

(2) The product of the amounts described in division	62027
(C)(2)(a) to (C)(2)(c) of this section. The amount described in	62028
division (C)(2)(a) of this section shall be ascertained on the	62029
last day of the financial institution's taxable year immediately	62030
preceding the tax year.	62031

(a) The cost of the financial institution's direct investment	62032
in the capital stock of the qualifying dealer in intangibles. The	62033
cost does not include any appreciation or goodwill to the extent	62034
those amounts are allowed as an exempted asset on the financial	62035
institution's annual report.	62036

(b) The ratio described in section 5725.15 of the Revised	62037
Code for the calendar year immediately preceding the financial	62038
institution's tax year;	62039

(c) The tax rate imposed under division (D) of section	62040
5707.03 of the Revised Code for the calendar year immediately	62041
preceding the financial institution's tax year.	62042

(D)(1) The principles and concepts set forth in section	62043
5733.057 of the Revised Code shall apply to ascertain if a dealer	62044
in intangibles is a member of a qualifying controlled group of	62045
which the financial institution also is a member and to ascertain	62046
the cost of the financial institution's direct investment in the	62047
capital stock of the qualifying dealer in intangibles.	62048

(2) Notwithstanding section ~~5733.111~~5703.56 of the Revised	62049
Code to the contrary, a financial institution claiming the credit	62050
provided by this section has the burden to establish by a	62051
preponderance of the evidence that none of the doctrines	62052
enumerated in that section would apply to deny to the financial	62053
institution all or a part of the credit otherwise provided by this	62054
section.	62055

(E) For tax years 2002 and 2003, the credit allowed by this	62056
section applies only if the qualifying dealer in intangibles on	62057
account of which the financial institution is claiming the credit	62058
submits to the ~~Tax Commissioner~~tax commissioner, not later than	62059
January 15, 2002, a written statement that the qualifying dealer	62060
in intangibles irrevocably agrees that it will not seek a refund	62061
of the tax paid by the dealer under section 5707.03 of the Revised	62062
Code in 2000 and 2001, and irrevocably agrees to continue paying	62063
that tax in 2002, regardless of the amendment of section 5725.26	62064
of the Revised Code by Am. Sub. H.B. 405 of the 124th general	62065
assembly.	62066

Sec. 5733.55. (A) As used in this section:

62067

(1) "9-1-1 system" has the same meaning as in section 4931.40	62068
of the Revised Code.	62069

(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges	62070
approved by the public utilities commission for the telephone	62071
network portion of a 9-1-1 system pursuant to section 4931.47 of	62072
the Revised Code.	62073

(3) "Eligible nonrecurring 9-1-1 charges" means all	62074
nonrecurring 9-1-1 charges for a 9-1-1 system, except:	62075

(a) Charges for a system that was not established pursuant to	62076
a plan adopted under section 4931.44 of the Revised Code or an	62077
agreement under section 4931.48 of the Revised Code;	62078

(b) Charges for that part of a system established pursuant to	62079
such a plan or agreement that are excluded from the credit by	62080
division (C)(2) of section 4931.47 of the Revised Code.	62081

(4) "Telephone company" has the same meaning as in section	62082
5727.01 of the Revised Code.	62083

(B) Beginning in tax year 2005, a telephone company shall be	62084
allowed a nonrefundable credit against the tax imposed by section	62085
5733.06 of the Revised Code equal to the amount of its eligible	62086
nonrecurring 9-1-1 charges. The credit shall be claimed for the	62087
company's taxable year that covers the period in which the 9-1-1	62088
service for which the credit is claimed becomes available for use.	62089
The credit shall be claimed in the order required by section	62090
5733.98 of the Revised Code. If the credit exceeds the total taxes	62091
due under section 5733.06 of the Revised Code for the tax year,	62092
the commissioner shall credit the excess against taxes due under	62093
that section for succeeding tax years until the full amount of the	62094
credit is granted.	62095

(C) After the last day a return, with any extensions, may be	62096
filed by any telephone company that is eligible to claim a credit	62097
under this section, the commissioner shall determine whether the	62098
sum of the credits allowed for prior tax years commencing with tax	62099
year 2005 plus the sum of the credits claimed for the current tax	62100
year exceeds fifteen million dollars. If it does, the credits	62101
allowed under this section for the current tax year shall be	62102
reduced by a uniform percentage such that the sum of the credits	62103
allowed for the current tax year do not exceed fifteen million	62104
dollars claimed by all telephone companies for all tax years.	62105
Thereafter, no credit shall be granted under this section, except	62106
for the remaining portions of any credits allowed under division	62107
(B) of this section.	62108

(D) A telephone company that is entitled to carry forward a	62109
credit against its public utility excise tax liability under	62110
section 5727.39 of the Revised Code is entitled to carry forward	62111
any amount of that credit remaining after its last public utility	62112
excise tax payment for the period of July 1, 2003, through June	62113
30, 2004, and claim that amount as a credit against its	62114
corporation franchise tax liability under this section. Nothing in	62115
this section authorizes a telephone company to claim a credit	62116
under this section for any eligible nonrecurring 9-1-1 charges for	62117
which it has already claimed a credit under section 5727.39 of the	62118
Revised Code.	62119

Sec. 5733.56. Beginning in tax year 2005, a telephone	62120
company that provides any telephone service program to aid the	62121
communicatively impaired in accessing the telephone network under	62122
section 4905.79 of the Revised Code is allowed a nonrefundable	62123
credit against the tax imposed by section 5733.06 of the Revised	62124
Code. The amount of the credit is the cost incurred by the company	62125
for providing the telephone service program during its taxable	62126
year, excluding any costs incurred prior to July 1, 2004. If the	62127
tax commissioner determines that the credit claimed under this	62128
section by a telephone company was not correct, the commissioner	62129
shall determine the proper credit.	62130

A telephone company shall claim the credit in the order	62131
required by section 5733.98 of the Revised Code. If the credit	62132
exceeds the total taxes due under section 5733.06 of the Revised	62133
Code for the tax year, the commissioner shall credit the excess	62134
against taxes due under that section for succeeding tax years	62135
until the full amount of the credit is granted. Nothing in this	62136
section authorizes a telephone company to claim a credit under	62137
this section for any costs incurred for providing a telephone	62138
service program for which it is claiming a credit under section	62139
5727.44 of the Revised Code.	62140

Sec. 5733.57. (A) As used in this section:

62141

(1) "Small telephone company" means a telephone company,	62142
existing as such as of January 1, 2003, with twenty-five thousand	62143
or fewer access lines as shown on the company's annual report	62144
filed under section 4905.14 of the Revised Code for the calendar	62145
year immediately preceding the tax year, and is an "incumbent	62146
local exchange carrier" under 47 U.S.C. 251(h).	62147

(2) "Gross receipts tax amount" means the product obtained by	62148
multiplying four and three-fourths per cent by the amount of a	62149
small telephone company's taxable gross receipts, excluding the	62150
deduction of twenty-five thousand dollars, that the tax	62151
commissioner would have determined under section 5727.33 of the	62152
Revised Code for that small telephone company for the annual	62153
period ending on the thirtieth day of June of the calendar year	62154
immediately preceding the tax year, as that section applied in the	62155
measurement period from July 1, 2002, to June 30, 2003.	62156

(3) "Applicable percentage" means one hundred per cent for	62157
tax year 2005; eighty per cent for tax year 2006; sixty per cent	62158
for tax year 2007; forty per cent for tax year 2008; twenty per	62159
cent for tax year 2009; and zero per cent for each subsequent tax	62160
year thereafter.	62161

(4) "Applicable amount" means the amount resulting from	62162
subtracting the gross receipts tax amount from the tax imposed by	62163
sections 5733.06, 5733.065, and 5733.066 of the Revised Code for	62164
the tax year, without regard to any credits available to the small	62165
telephone company.	62166

(B)(1) Except as provided in division (B)(2) of this section,	62167
beginning in tax year 2005, a small telephone company is hereby	62168
allowed a nonrefundable credit against the tax imposed by sections	62169
5733.06, 5733.065, and 5733.066 of the Revised Code, equal to the	62170
product obtained by multiplying the applicable percentage by the	62171
applicable amount. The credit shall be claimed in the order	62172
required by section 5733.98 of the Revised Code.	62173

(2) If the applicable amount for a tax year is less than	62174
zero, a small telephone company shall not be allowed for that tax	62175
year the credit provided under this section.	62176

Sec. 5733.98. (A) To provide a uniform procedure for	62177
calculating the amount of tax imposed by section 5733.06 of the	62178
Revised Code that is due under this chapter, a taxpayer shall	62179
claim any credits to which it is entitled in the following order,	62180
except as otherwise provided in section 5733.058 of the Revised	62181
Code:	62182

(1) The credit for taxes paid by a qualifying pass-through	62183
entity allowed under section 5733.0611 of the Revised Code;	62184

(2) The credit allowed for financial institutions under	62185
section 5733.45 of the Revised Code;	62186

(3) The credit for qualifying affiliated groups under section	62187
5733.068 of the Revised Code;	62188

(4) The subsidiary corporation credit under section 5733.067	62189
of the Revised Code;	62190

(5) The savings and loan assessment credit under section	62191
5733.063 of the Revised Code;	62192

(6) The credit for recycling and litter prevention donations	62193
under section 5733.064 of the Revised Code;	62194

(7) The credit for employers that enter into agreements with	62195
child day-care centers under section 5733.36 of the Revised Code;	62196

(8) The credit for employers that reimburse employee child	62197
day-care expenses under section 5733.38 of the Revised Code;	62198

(9) The credit for maintaining railroad active grade crossing	62199
warning devices under section 5733.43 of the Revised Code;	62200

(10) The credit for purchases of lights and reflectors under	62201
section 5733.44 of the Revised Code;	62202

(11) The job retention credit under division (B) of section	62203
5733.0610 of the Revised Code;	62204

(12) The credit for losses on loans made under the Ohio	62205
venture capital program under sections 150.01 to 150.10 of ththe	62206
Revised Code if the taxpayer elected a nonrefundable credit under	62207
section 150.07 of the Revised Code;	62208

(13) The credit for purchases of new manufacturing machinery	62209
and equipment under section 5733.31 or section 5733.311 of the	62210
Revised Code;	62211

(14) The second credit for purchases of new manufacturing	62212
machinery and equipment under section 5733.33 of the Revised Code;	62213

(15) The job training credit under section 5733.42 of the	62214
Revised Code;	62215

(16) The credit for qualified research expenses under section	62216
5733.351 of the Revised Code;	62217

(17) The enterprise zone credit under section 5709.66 of the	62218
Revised Code;	62219

(18) The credit for the eligible costs associated with a	62220
voluntary action under section 5733.34 of the Revised Code;	62221

(19) The credit for employers that establish on-site child	62222
day-care under section 5733.37 of the Revised Code;	62223

(20) The ethanol plant investment credit under section	62224
5733.46 of the Revised Code;	62225

(21) The credit for purchases of qualifying grape production	62226
property under section 5733.32 of the Revised Code;	62227

(22) The export sales credit under section 5733.069 of the	62228
Revised Code;	62229

(23) The credit for research and development and technology	62230
transfer investors under section 5733.35 of the Revised Code;	62231

(24) The enterprise zone credits under section 5709.65 of the	62232
Revised Code;	62233

(25) The credit for using Ohio coal under section 5733.39 of	62234
the Revised Code;	62235

(26) The credit for small telephone companies under section	62236
5733.57 of the Revised Code;	62237

(27) The credit for eligible nonrecurring 9-1-1 charges under	62238
section 5733.55 of the Revised Code;	62239

(28) The credit for providing programs to aid the	62240
communicatively impaired under section 5733.56 of the Revised	62241
Code;	62242

(29) The refundable jobs creation credit under division (A)	62243
of section 5733.0610 of the Revised Code;	62244

~~(27)~~(30) The refundable credit for tax withheld under	62245
division (B)(2) of section 5747.062 of the Revised Code;	62246

~~(28)~~(31) The credit for losses on loans made to the Ohio	62247
venture capital program under sections 150.01 to 150.10 of the	62248
Revised Code if the taxpayer elected a refundable credit under	62249
section 150.07 of the Revised Code.	62250

(B) For any credit except the credits enumerated in divisions	62251
(A)~~(26), (27),~~(29), (30), and ~~(28)~~(31) of this section, the amount	62252
of the credit for a tax year shall not exceed the tax due after	62253
allowing for any other credit that precedes it in the order	62254
required under this section. Any excess amount of a particular	62255
credit may be carried forward if authorized under the section	62256
creating that credit.	62257

Sec. 5735.05. (A) To provide revenue for maintaining the	62258
state highway system; to widen existing surfaces on such highways;	62259
to resurface such highways; to pay that portion of the	62260
construction cost of a highway project which a county, township,	62261
or municipal corporation normally would be required to pay, but	62262
which the director of transportation, pursuant to division (B) of	62263
section 5531.08 of the Revised Code, determines instead will be	62264
paid from moneys in the highway operating fund; to enable the	62265
counties of the state properly to plan, maintain, and repair their	62266
roads and to pay principal, interest, and charges on bonds and	62267
other obligations issued pursuant to Chapter 133. of the Revised	62268
Code for highway improvements; to enable the municipal	62269
corporations to plan, construct, reconstruct, repave, widen,	62270
maintain, repair, clear, and clean public highways, roads, and	62271
streets, and to pay the principal, interest, and charges on bonds	62272
and other obligations issued pursuant to Chapter 133. of the	62273
Revised Code for highway improvements; to enable the Ohio turnpike	62274
commission to construct, reconstruct, maintain, and repair	62275
turnpike projects; to maintain and repair bridges and viaducts; to	62276
purchase, erect, and maintain street and traffic signs and	62277
markers; to purchase, erect, and maintain traffic lights and	62278
signals; to pay the costs apportioned to the public under sections	62279
4907.47 and 4907.471 of the Revised Code and to supplement revenue	62280
already available for such purposes; to pay the costs incurred by	62281
the public utilities commission in administering sections 4907.47	62282
to 4907.476 of the Revised Code; to distribute equitably among	62283
those persons using the privilege of driving motor vehicles upon	62284
such highways and streets the cost of maintaining and repairing	62285
them; to pay the interest, principal, and charges on highway	62286
capital improvements bonds and other obligations issued pursuant	62287
to Section 2m of Article VIII, Ohio Constitution, and section	62288
151.06 of the Revised Code; to pay the interest, principal, and	62289
charges on highway obligations issued pursuant to Section 2i of	62290
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31	62291
of the Revised Code; ~~and~~ to provide revenue for the purposes of	62292
sections 1547.71 to 1547.78 of the Revised Code; and to pay the	62293
expenses of the department of taxation incident to the	62294
administration of the motor fuel laws, a motor fuel excise tax is	62295
hereby imposed on all motor fuel dealers upon receipt of motor	62296
fuel within this state at the rate of two cents plus the cents per	62297
gallon rate on each gallon so received, to be computed in the	62298
manner set forth in section 5735.06 of the Revised Code; provided	62299
that no tax is hereby imposed upon the following transactions:	62300

(1) The sale of dyed diesel fuel by a licensed motor fuel	62301
dealer from a location other than a retail service station	62302
provided the licensed motor fuel dealer places on the face of the	62303
delivery document or invoice, or both if both are used, a	62304
conspicuous notice stating that the fuel is dyed and is not for	62305
taxable use, and that taxable use of that fuel is subject to a	62306
penalty. The tax commissioner, by rule, may provide that any	62307
notice conforming to rules or regulations issued by the United	62308
States department of the treasury or the Internal Revenue Service	62309
is sufficient notice for the purposes of division (A)(1) of this	62310
section.	62311

(2) The sale of K-1 kerosene to a retail service station,	62312
except when placed directly in the fuel supply tank of a motor	62313
vehicle. Such sale shall be rebuttably presumed to not be	62314
distributed or sold for use or used to generate power for the	62315
operation of motor vehicles upon the public highways or upon the	62316
waters within the boundaries of this state.	62317

(3) The sale of motor fuel by a licensed motor fuel dealer to	62318
another licensed motor fuel dealer;	62319

(4) The exportation of motor fuel by a licensed motor fuel	62320
dealer from this state to any other state or foreign country;	62321

(5) The sale of motor fuel to the United States government or	62322
any of its agencies, except such tax as is permitted by it, where	62323
such sale is evidenced by an exemption certificate, in a form	62324
approved by the tax commissioner, executed by the United States	62325
government or an agency thereof certifying that the motor fuel	62326
therein identified has been purchased for the exclusive use of the	62327
United States government or its agency;	62328

(6) The sale of motor fuel ~~which~~that is in the process of	62329
transportation in foreign or interstate commerce, except ~~in so far~~	62330
insofar as it may be taxable under the Constitution and statutes	62331
of the United States, and except as may be agreed upon in writing	62332
by the dealer and the commissioner;	62333

(7) The sale of motor fuel when sold exclusively for use in	62334
the operation of aircraft, where such sale is evidenced by an	62335
exemption certificate prescribed by the commissioner and executed	62336
by the purchaser certifying that the motor fuel purchased has been	62337
purchased for exclusive use in the operation of aircraft;	62338

(8) The sale for exportation of motor fuel by a licensed	62339
motor fuel dealer to a licensed exporter type A;	62340

(9) The sale for exportation of motor fuel by a licensed	62341
motor fuel dealer to a licensed exporter type B, provided that the	62342
destination state motor fuel tax has been paid or will be accrued	62343
and paid by the licensed motor fuel dealer.	62344

(10) The sale to a consumer of diesel fuel, by a motor fuel	62345
dealer for delivery from a bulk lot vehicle, for consumption in	62346
operating a vessel when the use of such fuel in a vessel would	62347
otherwise qualify for a refund under section 5735.14 of the	62348
Revised Code.	62349

Division (A)(1) of this section does not apply to the sale or	62350
distribution of dyed diesel fuel used to operate a motor vehicle	62351
on the public highways or upon water within the boundaries of this	62352
state by persons permitted under regulations of the United States	62353
department of the treasury or of the Internal Revenue Service to	62354
so use dyed diesel fuel.	62355

(B) The two cent motor fuel tax levied by this section is	62356
also for the purpose of paying the expenses of administering and	62357
enforcing the state law relating to the registration and operation	62358
of motor vehicles.	62359

(C) After the tax provided for by this section on the receipt	62360
of any motor fuel has been paid by the motor fuel dealer, the	62361
motor fuel may thereafter be used, sold, or resold by any person	62362
having lawful title to it, without incurring liability for such	62363
tax.	62364

If a licensed motor fuel dealer sells motor fuel received by	62365
the licensed motor fuel dealer to another licensed motor fuel	62366
dealer, the seller may deduct on the report required by section	62367
5735.06 of the Revised Code the number of gallons so sold for the	62368
month within which the motor fuel was sold or delivered. In this	62369
event the number of gallons is deemed to have been received by the	62370
purchaser, who shall report and pay the tax imposed thereon.	62371

Sec. 5735.053. There is hereby created in the state treasury	62372
the motor fuel tax administration fund for the purpose of paying	62373
the expenses of the department of taxation incident to the	62374
administration of the motor fuel laws. After the treasurer of	62375
state credits the tax refund fund out of tax receipts as required	62376
by sections 5735.23, 5735.26, 5735.291, and 5735.30 of the Revised	62377
Code, the treasurer of state shall transfer to the motor fuel tax	62378
administration fund two hundred seventy-five one-thousandths per	62379
cent of the receipts from the taxes levied by sections 5735.05,	62380
5735.25, 5735.29, and 5735.30 of the Revised Code.	62381

Sec. 5735.14. (A) Any person who uses any motor fuel, on	62382
which the tax imposed by this chapter has been paid, for the	62383
purpose of operating stationary gas engines, tractors not used on	62384
public highways, unlicensed motor vehicles used exclusively in	62385
intraplant operations, vessels when used in trade, including	62386
vessels when used in connection with an activity that constitutes	62387
a person's chief business or means of livelihood or any other	62388
vessel used entirely for commercial purposes, vessels used for	62389
commercial fishing, vessels used by the sea scout department of	62390
the boy scouts of America chiefly for training scouts in	62391
seamanship, vessels used or owned by any railroad company,	62392
railroad car ferry company, the United States, this state, or any	62393
political subdivision of this state, or aircraft, or who uses any	62394
such fuel upon which such tax has been paid, for cleaning or for	62395
dyeing, or any purpose other than the operation of motor vehicles	62396
upon highways or upon waters within the boundaries of this state,	62397
shall be reimbursed in the amount of the tax so paid on such motor	62398
fuel as provided in this section; provided, that any person	62399
purchasing motor fuel in this state on which taxes levied under	62400
Title LVII of the Revised Code have been paid shall be reimbursed	62401
for such taxes paid in this state on such fuel used by that person	62402
in another state on which a tax is paid for such usage, except	62403
such tax used as a credit against the tax levied by section	62404
5728.06 of the Revised Code. A person shall not be reimbursed for	62405
taxes paid on fuel that is used while a motor vehicle is idling or	62406
used to provide comfort or safety in the operation of a motor	62407
vehicle. Sales of motor fuel, on which the tax imposed by this	62408
chapter has been paid, from one person to another do not	62409
constitute use of the fuel and are not subject to a refund under	62410
this section.	62411

~~Such~~(B) Any person who uses in this state any motor fuel	62412
with water intentionally added to the fuel, on which the taxes	62413
imposed by this chapter or Chapter 5728. of the Revised Code have	62414
been paid, shall be reimbursed in the amount of the taxes so paid	62415
on ninety-five per cent of the water. This division applies only	62416
to motor fuel that contains at least nine per cent water, by	62417
volume.	62418

(C) A person claiming reimbursement under this section shall	62419
file with the tax commissioner an application for refund within	62420
one year from the date of purchase, stating the quantity of fuel	62421
used for the refundable purposes ~~other than the operation of motor~~	62422
~~vehicles~~in division (A) or (B) of this section, except that no	62423
person shall file a claim for the tax on fewer than one hundred	62424
gallons of motor fuel. An application for refund filed for the	62425
purpose of division (B) of this section also shall state the	62426
quantity of water intentionally added to the motor fuel. No person	62427
shall claim reimbursement under that division on fewer than one	62428
hundred gallons of water. The application shall be accompanied by	62429
the statement described in section 5735.15 of the Revised Code	62430
showing such purchase, together with evidence of payment thereof.	62431

(D) After consideration of the application and statement, the	62432
commissioner shall determine the amount of refund to which the	62433
applicant is entitled. If the amount is not less than that	62434
claimed, the commissioner shall certify the amount to the director	62435
of budget and management and treasurer of state for payment from	62436
the tax refund fund created by section 5703.052 of the Revised	62437
Code. If the amount is less than that claimed, the commissioner	62438
shall proceed in accordance with section 5703.70 of the Revised	62439
Code.	62440

No refund shall be authorized or paid under this section on a	62441
single claim for tax on fewer than one hundred gallons of motor	62442
fuel. And, when water has been intentionally added to fuel, no	62443
refund shall be authorized or paid under this section on a single	62444
claim for tax on fewer than one hundred gallons of water. The	62445
commissioner may require that the application be supported by the	62446
affidavit of the claimant.	62447

The refund authorized by this section or section 5703.70 of	62448
the Revised Code shall be reduced by the cents per gallon amount	62449
of any qualified fuel credit received under section 5735.145 of	62450
the Revised Code, as determined by the commissioner, for each	62451
gallon of qualified fuel included in the total gallonage of motor	62452
fuel upon which the refund is computed.	62453

(E) The right to receive any refund under this section or	62454
section 5703.70 of the Revised Code is not assignable. The payment	62455
of this refund shall not be made to any person other than the	62456
person originally entitled thereto who used the motor fuel upon	62457
which the claim for refund is based, except that such refunds,	62458
when allowed and certified as provided in this section, may be	62459
paid to the executor, ~~the~~ administrator, ~~the~~ receiver, ~~the~~ trustee	62460
in bankruptcy, or ~~the~~ assignee in insolvency proceedings of such	62461
person.	62462

Sec. 5735.15. When motor fuel is sold to a person who claims	62463
to be entitled to a refund under section 5735.14 or 5735.142 of	62464
the Revised Code, the seller of such motor fuel shall ~~make out in~~	62465
~~duplicate on forms prescribed and supplied by the tax~~	62466
~~commissioner, which forms shall have printed thereon~~provide to	62467
the person documentation that indicates that the liability to the	62468
state for the excise tax imposed under the motor fuel laws of this	62469
state on such motor fuel has been assumed by the seller, and that	62470
said excise tax has already been paid or will be paid by the	62471
seller when the same becomes payable~~, a statement setting~~. The	62472
documentation also shall set forth the name and address of the	62473
purchaser, the number of gallons of motor fuel sold, the price	62474
paid for or the price per gallon of the motor fuel sold, the	62475
proposed use for which such motor fuel is purchased, and such	62476
other information as the commissioner requires. When motor fuel is	62477
sold to a person who claims to be entitled to reimbursement under	62478
division (B) of section 5735.14 of the Revised Code, the	62479
documentation also shall state the number of gallons of water	62480
intentionally added to the motor fuel. The ~~original of such~~	62481
~~statement~~documentation shall be given to the purchaser, and ~~the~~	62482
~~duplicate~~a copy shall be retained by the seller.	62483

Sec. 5735.19. (A) The tax commissioner may examine, during	62484
the usual business hours of the day, the records, books, ~~and~~	62485
~~papers~~invoices, storage tanks, and any other equipment of any	62486
motor fuel dealer, retail dealer, exporter, terminal operator,	62487
purchaser, or common carrier pertaining to motor fuel received,	62488
sold, shipped, or delivered, to determine whether the taxes	62489
imposed by this chapter have been paid and to verify the truth and	62490
accuracy of any statement, report, or return. ~~The~~	62491

(B) The tax commissioner may, in the enforcement of the motor	62492
fuel laws of this state, hold hearings, take the testimony of any	62493
person, issue subpoenas and compel the attendance of witnesses,	62494
and conduct such investigations as the commissioner deems	62495
necessary~~, but no person shall disclose the information acquired~~	62496
~~by the commissioner under this section, except when required to do~~	62497
~~so in court~~. Such information or evidence is not privileged when	62498
used by the state or any officer thereof in any proceeding for the	62499
collection of the tax, or any prosecution for violation of the	62500
motor fuel laws.	62501

(C) The commissioner may prescribe all forms upon which	62502
reports shall be made to the commissioner, forms for claims for	62503
refund presented to the commissioner, or forms of records to be	62504
used by motor fuel dealers.	62505

(D)(1) As used in this division, "designated inspection site"	62506
means any state highway inspection station, weigh station, mobile	62507
station, or other similar location designated by the tax	62508
commissioner to be used as a fuel inspection site.	62509

(2) An employee of the department of taxation that is so	62510
authorized by the tax commissioner may physically inspect,	62511
examine, or otherwise search any tank, reservoir, or other	62512
container that can or may be used for the production, storage, or	62513
transportation of fuel, fuel dyes, or fuel markers, and books and	62514
records, if any, that are maintained at the place of inspection	62515
and are kept to determine tax liability under this chapter.	62516
Inspections may be performed at any place at which motor fuel is	62517
or may be produced or stored, or at any designated inspection	62518
site.	62519

(3) An employee of the department of taxation who is a duly	62520
authorized enforcement agent may detain any motor vehicle, train,	62521
barge, ship, or vessel for the purpose of inspecting its fuel	62522
tanks and storage tanks. Detainment shall be on the premises under	62523
inspection or at a designated inspection site. Detainment may	62524
continue for a reasonable period of time as is necessary to	62525
determine the amount and composition of the fuel.	62526

(4) Any employee described in division (D)(2) or (3) of this	62527
section who has been properly trained may take and remove samples	62528
of fuel in quantities as are reasonably necessary to determine the	62529
composition of the fuel.	62530

(5) No person shall refuse to allow an inspection under	62531
division (D) of this section. Any person who refuses to allow an	62532
inspection shall be subject to revocation or cancellation of any	62533
license or permit issued under Chapter 5728. or 5735. of the	62534
Revised Code.	62535

Sec. 5735.23. (A) Out of receipts from the tax levied by	62536
section 5735.05 of the Revised Code, the treasurer of state shall	62537
place to the credit of the tax refund fund established by section	62538
5703.052 of the Revised Code amounts equal to the refunds	62539
certified by the tax commissioner pursuant to sections 5735.13,	62540
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The	62541
treasurer of state shall then transfer the amount required by	62542
section 5735.051 of the Revised Code to the waterways safety fund	62543
~~and~~, the amount required by section 4907.472 of the Revised Code	62544
to the grade crossing protection fund, and the amount required by	62545
section 5735.053 of the Revised Code to the motor fuel tax	62546
administration fund.	62547

(B) Except as provided in division (D) of this section, each	62548
month the balance of the receipts from the tax levied by section	62549
5735.05 of the Revised Code shall be credited, after receipt by	62550
the treasurer of state of certification from the commissioners of	62551
the sinking fund, as required by section 5528.35 of the Revised	62552
Code, that there are sufficient moneys to the credit of the	62553
highway obligations bond retirement fund to meet in full all	62554
payments of interest, principal, and charges for the retirement of	62555
highway obligations issued pursuant to Section 2i of Article VIII,	62556
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	62557
Code due and payable during the current calendar year, as follows:	62558

(1) To the state and local government highway distribution	62559
fund, which is hereby created in the state treasury, an amount	62560
that is the same percentage of the balance to be credited as that	62561
portion of the tax per gallon determined under division (B)(2)(a)	62562
of section 5735.06 of the Revised Code is of the total tax per	62563
gallon determined under divisions (B)(2)(a) and (b) of that	62564
section.	62565

(2) After making the distribution to the state and local	62566
government highway distribution fund, the remainder shall be	62567
credited as follows:	62568

(a) Thirty per cent to the gasoline excise tax fund for	62569
distribution pursuant to division (A)(1) of section 5735.27 of the	62570
Revised Code;	62571

(b) Twenty-five per cent to the gasoline excise tax fund for	62572
distribution pursuant to division (A)(3) of section 5735.27 of the	62573
Revised Code;	62574

(c) Except as provided in division (D) of this section,	62575
forty-five per cent to the highway operating fund for distribution	62576
pursuant to division (B)(1) of section 5735.27 of the Revised	62577
Code.	62578

(C) From the balance in the state and local government	62579
highway distribution fund on the last day of each month there	62580
shall be paid the following amounts:	62581

(1) To the local transportation improvement program fund	62582
created by section 164.14 of the Revised Code, an amount equal to	62583
a fraction of the balance in the state and local government	62584
highway distribution fund, the numerator of which fraction is one	62585
and the denominator of which fraction is that portion of the tax	62586
per gallon determined under division (B)(2)(a) of section 5735.06	62587
of the Revised Code;	62588

(2) An amount equal to five cents multiplied by the number of	62589
gallons of motor fuel sold at stations operated by the Ohio	62590
turnpike commission, such gallonage to be certified by the	62591
commission to the treasurer of state not later than the last day	62592
of the month following. The funds paid to the commission pursuant	62593
to this section shall be expended for the construction,	62594
reconstruction, maintenance, and repair of turnpike projects,	62595
except that the funds may not be expended for the construction of	62596
new interchanges. The funds also may be expended for the	62597
construction, reconstruction, maintenance, and repair of those	62598
portions of connecting public roads that serve existing	62599
interchanges and are determined by the commission and the director	62600
of transportation to be necessary for the safe merging of traffic	62601
between the turnpike and those public roads.	62602

The remainder of the balance shall be distributed as follows	62603
on the fifteenth day of the following month:	62604

(a) Ten and seven-tenths per cent shall be paid to municipal	62605
corporations for distribution pursuant to division (A)(1) of	62606
section 5735.27 of the Revised Code and may be used for any	62607
purpose for which payments received under that division may be	62608
used. Beginning August 15, 2004, the sum of two hundred	62609
forty-eight thousand six hundred twenty-five dollars shall be	62610
~~annually~~monthly subtracted from the amount so computed and	62611
credited to the highway operating fund.	62612

(b) Five per cent shall be paid to townships for distribution	62613
pursuant to division (A)(5) of section 5735.27 of the Revised Code	62614
and may be used for any purpose for which payments received under	62615
that division may be used. Beginning August 15, 2004, the sum of	62616
eighty-seven thousand seven hundred fifty dollars shall be	62617
~~annually~~monthly subtracted from the amount so computed and	62618
credited to the highway operating fund.	62619

(c) Nine and three-tenths per cent shall be paid to counties	62620
for distribution pursuant to division (A)(3) of section 5735.27 of	62621
the Revised Code and may be used for any purpose for which	62622
payments received under that division may be used. Beginning	62623
August 15, 2004, the sum of two hundred forty-eight thousand six	62624
hundred twenty-five dollars shall be ~~annually~~monthly subtracted	62625
from the amount so computed and credited to the highway operating	62626
fund.	62627

(d) Except as provided in division (D) of this section, the	62628
balance shall be transferred to the highway operating fund and	62629
used for the purposes set forth in division (B)(1) of section	62630
5735.27 of the Revised Code.	62631

(D) Beginning on the first day of September each fiscal year,	62632
any amounts required to be credited or transferred to the highway	62633
operating fund pursuant to division (B)(2)(c) or (C)(2)(d) of this	62634
section shall be credited or transferred to the highway capital	62635
improvement bond service fund created in section 151.06 of the	62636
Revised Code, until such time as the office of budget and	62637
management receives certification from the treasurer of state or	62638
the treasurer of state's designee that sufficient money has been	62639
credited or transferred to the bond service fund to meet in full	62640
all payments of debt service and financing costs due during the	62641
fiscal year from that fund.	62642

Sec. 5735.26. The treasurer of state shall place to the	62643
credit of the tax refund fund created by section 5703.052 of the	62644
Revised Code, out of receipts from the tax levied by section	62645
5735.25 of the Revised Code, amounts equal to the refunds	62646
certified by the tax commissioner pursuant to sections 5735.142	62647
and 5735.25 of the Revised Code, which shall be paid from such	62648
fund. ~~Receipts from the tax shall be used by the tax commissioner~~	62649
~~for the maintenance and administration of the motor fuel laws.~~ The	62650
treasurer of state shall then transfer the amount required by	62651
section 5735.051 of the Revised Code to the waterways safety fund	62652
and the amount required by section 5735.053 of the Revised Code to	62653
the motor fuel tax administration fund.	62654

The balance of taxes collected under section 5735.25 of the	62655
Revised Code shall be credited as follows, after the credits to	62656
the tax refund fund~~, and after deduction of the cost of~~	62657
~~administration of the motor fuel laws,~~ and ~~after~~ the ~~transfer~~	62658
transfers to the waterways safety fund and motor fuel tax	62659
administration fund, and after receipt by the treasurer of state	62660
of certifications from the commissioners of the sinking fund	62661
certifying, as required by sections 5528.15 and 5528.35 of the	62662
Revised Code, there are sufficient moneys to the credit of the	62663
highway improvement bond retirement fund to meet in full all	62664
payments of interest, principal, and charges for the retirement of	62665
bonds and other obligations issued pursuant to Section 2g of	62666
Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11	62667
of the Revised Code due and payable during the current calendar	62668
year, and that there are sufficient moneys to the credit of the	62669
highway obligations bond retirement fund to meet in full all	62670
payments of interest, principal, and charges for the retirement of	62671
highway obligations issued pursuant to Section 2i of Article VIII,	62672
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	62673
Code due and payable during the current calendar year:	62674

(A) Sixty-seven and one-half per cent to the highway	62675
operating fund for distribution pursuant to division (B)(2) of	62676
section 5735.27 of the Revised Code;	62677

(B) Seven and one-half per cent to the gasoline excise tax	62678
fund for distribution pursuant to division (A)(2) of such section;	62679

(C) Seven and one-half per cent to the gasoline excise tax	62680
fund for distribution pursuant to division (A)(4) of such section;	62681

(D) Seventeen and one-half per cent to the gasoline excise	62682
tax fund for distribution pursuant to division (A)(5) of such	62683
section.	62684

Sec. 5735.291. (A) The treasurer of state shall place to the	62685
credit of the tax refund fund created by section 5703.052 of the	62686
Revised Code, out of receipts from the tax levied by section	62687
5735.29 of the Revised Code, amounts equal to the refunds	62688
certified by the tax commissioner pursuant to sections 5735.142	62689
and 5735.29 of the Revised Code. The refunds provided for by	62690
sections 5735.142 and 5735.29 of the Revised Code shall be paid	62691
from such fund. The treasurer of state shall then transfer the	62692
amount required by section 5735.051 of the Revised Code to the	62693
waterways safety fund and the amount required by section 5735.053	62694
of the Revised Code to the motor fuel tax administration fund. ~~The~~	62695

The specified portion of the balance of taxes collected under	62696
section 5735.29 of the Revised Code, after the credits to the tax	62697
refund fund, and ~~after~~ the ~~transfer~~transfers to the waterways	62698
safety fund and the motor fuel tax administration fund, shall be	62699
credited to the gasoline excise tax fund. Subject to division (B)	62700
of this section, forty-two and eighty-six hundredths per cent of	62701
the specified portion shall be distributed among the municipal	62702
corporations within the state in accordance with division (A)(2)	62703
of section 5735.27 of the Revised Code, thirty-seven and fourteen	62704
hundredths per cent of the specified portion shall be distributed	62705
among the counties within the state in accordance with division	62706
(A)(3) of section 5735.27 of the Revised Code, and twenty per cent	62707
of the specified portion shall be combined with twenty per cent of	62708
any amounts transferred from the highway operating fund to the	62709
gasoline excise tax fund through biennial appropriations acts of	62710
the general assembly pursuant to the planned phase-in of a new	62711
source of funding for the state highway patrol, and shall be	62712
distributed among the townships within the state in accordance	62713
with division (A)(5)(b)of section 5735.27 of the Revised Code.	62714
Subject to division (B) of this section, the remainder of the tax	62715
levied by section 5735.29 of the Revised Code after receipt by the	62716
treasurer of state of certifications from the commissioners of the	62717
sinking fund certifying, as required by sections 5528.15 and	62718
5528.35 of the Revised Code, that there are sufficient moneys to	62719
the credit of the highway improvement bond retirement fund created	62720
by section 5528.12 of the Revised Code to meet in full all	62721
payments of interest, principal, and charges for the retirement of	62722
bonds and other obligations issued pursuant to Section 2g of	62723
Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11	62724
of the Revised Code due and payable during the current calendar	62725
year, and that there are sufficient moneys to the credit of the	62726
highway obligations bond retirement fund created by section	62727
5528.32 of the Revised Code to meet in full all payments of	62728
interest, principal, and charges for the retirement of highway	62729
obligations issued pursuant to Section 2i of Article VIII, Ohio	62730
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	62731
due and payable during the current calendar year, shall be	62732
credited to the highway operating fund, which is hereby created in	62733
the state treasury and shall be used solely for the purposes	62734
enumerated in section 5735.29 of the Revised Code. All investment	62735
earnings of the fund shall be credited to the fund.	62736

(B)(1) Effective August 15, 2003, prior to the distribution	62737
from the gasoline excise tax fund to municipal corporations of the	62738
forty-two and eighty-six hundredths per cent of the specified	62739
portion as provided in division (A) of this section, the	62740
department of taxation shall deduct thirty-three and one-third per	62741
cent of the amount specified in division (A)(5)(c) of section	62742
5735.27 of the Revised Code and use it for distribution to	62743
townships pursuant to division (A)(5)(b) of that section.	62744

(2) Effective August 15, 2003, prior to the distribution from	62745
the gasoline excise tax fund to counties of the thirty-seven and	62746
fourteen hundredths per cent of the specified portion as provided	62747
in division (A) of this section, the department of taxation shall	62748
deduct thirty-three and one-third per cent of the amount specified	62749
in division (A)(5)(c) of section 5735.27 of the Revised Code and	62750
use it for distribution to townships pursuant to division	62751
(A)(5)(b) of that section.	62752

(3) Effective August 15, 2003, prior to crediting any revenue	62753
resulting from the tax levied by section 5735.29 of the Revised	62754
Code to the highway operating fund, the department of taxation	62755
shall deduct thirty-three and one-third per cent of the amount	62756
specified in division (A)(5)(c) of section 5735.27 of the Revised	62757
Code and use it for distribution to townships pursuant to division	62758
(A)(5)(b) of that section.	62759

(C) As used in this section, "specified portion" means all of	62760
the following:	62761

(1) Until August 15, 2003, none of the taxes collected under	62762
section 5735.29 of the Revised Code;	62763

(2) Effective August 15, 2003, one-eighth of the balance of	62764
taxes collected under section 5735.29 of the Revised Code, after	62765
the credits to the tax refund fund and ~~after~~ the ~~transfer~~	62766
transfers to the waterways safety fund and the motor fuel tax	62767
administration fund;	62768

(3) Effective August 15, 2004, one-sixth of the balance of	62769
taxes described in division (C)(2) of this section;	62770

(4) Effective August 15, 2005, three-sixteenths of the	62771
balance of taxes described in division (C)(2) of this section.	62772

Sec. 5735.30. (A) For the purpose of providing funds to pay	62773
the state's share of the cost of constructing and reconstructing	62774
highways and eliminating railway grade crossings on the major	62775
thoroughfares of the state highway system and urban extensions	62776
thereof, to pay that portion of the construction cost of a highway	62777
project which a county, township, or municipal corporation	62778
normally would be required to pay, but which the director of	62779
transportation, pursuant to division (B) of section 5531.08 of the	62780
Revised Code, determines instead will be paid from moneys in the	62781
highway operating fund, to pay the interest, principal, and	62782
charges on bonds and other obligations issued pursuant to Section	62783
2g of Article VIII, Ohio Constitution, and sections 5528.10 and	62784
5528.11 of the Revised Code, to pay the interest, principal, and	62785
charges on highway obligations issued pursuant to Section 2i of	62786
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31	62787
of the Revised Code, ~~and~~ to provide revenues for the purposes of	62788
sections 1547.71 to 1547.78 of the Revised Code, and to pay the	62789
expenses of the department of taxation incident to the	62790
administration of the motor fuel laws, a motor fuel excise tax is	62791
hereby imposed on all motor fuel dealers upon their receipt of	62792
motor fuel within the state, at the rate of one cent on each	62793
gallon so received, to be reported, computed, paid, collected,	62794
administered, enforced, refunded, and subject to the same	62795
exemptions and penalties as provided in this chapter of the	62796
Revised Code.	62797

The tax imposed by this section shall be in addition to the	62798
tax imposed by sections 5735.05, 5735.25, and 5735.29 of the	62799
Revised Code.	62800

(B) The treasurer of state shall place to the credit of the	62801
tax refund fund created by section 5703.052 of the Revised Code,	62802
out of receipts from the tax levied by this section, amounts equal	62803
to the refunds certified by the tax commissioner pursuant to this	62804
section. The refund provided for by ~~the first paragraph~~division	62805
(A) of this section shall be paid from such fund. The treasurer	62806
shall then transfer the amount required by section 5735.051 of the	62807
Revised Code to the waterways safety fund and the amount required	62808
by section 5735.053 of the Revised Code to the motor fuel tax	62809
administration fund. The balance of taxes for which the liability	62810
has become fixed prior to July 1, 1955, under this section, after	62811
the credit to the tax refund fund, shall be credited to the	62812
highway operating fund.	62813

(C)(1) The moneys derived from the tax levied by this	62814
section, after the credit ~~to the tax refund fund and the waterways~~	62815
~~safety fund as provided~~and transfers required by division (B) of	62816
this section, shall, during each calendar year, be credited to the	62817
highway improvement bond retirement fund created by section	62818
5528.12 of the Revised Code, until the commissioners of the	62819
sinking fund certify to the treasurer of state, as required by	62820
section 5528.17 of the Revised Code, that there are sufficient	62821
moneys to the credit of the highway improvement bond retirement	62822
fund to meet in full all payments of interest, principal, and	62823
charges for the retirement of bonds and other obligations issued	62824
pursuant to Section 2g of Article VIII, Ohio Constitution, and	62825
sections 5528.10 and 5528.11 of the Revised Code due and payable	62826
during the current calendar year and during the next succeeding	62827
calendar year. From the date of the receipt of the certification	62828
required by section 5528.17 of the Revised Code by the treasurer	62829
of state until the thirty-first day of December of the calendar	62830
year in which such certification is made, all moneys received in	62831
the state treasury from the tax levied by this section, after the	62832
credit ~~to the tax refund fund and the waterways safety fund as~~	62833
~~provided~~and transfers required by division (B) of this section,	62834
shall be credited to the highway obligations bond retirement fund	62835
created by section 5528.32 of the Revised Code, until the	62836
commissioners of the sinking fund certify to the treasurer of	62837
state, as required by section 5528.38 of the Revised Code, that	62838
there are sufficient moneys to the credit of the highway	62839
obligations bond retirement fund to meet in full all payments of	62840
interest, principal, and charges for the retirement of obligations	62841
issued pursuant to Section 2i of Article VIII, Ohio Constitution,	62842
and sections 5528.30 and 5528.31 of the Revised Code due and	62843
payable during the current calendar year and during the next	62844
succeeding calendar year. ~~From~~	62845

(2) From the date of the receipt of the certification	62846
required by section 5528.38 of the Revised Code by the treasurer	62847
of state until the thirty-first day of December of the calendar	62848
year in which such certification is made, all moneys received in	62849
the state treasury from the tax levied by this section, after the	62850
credit ~~to the tax refund fund and the waterways safety fund as~~	62851
~~provided~~and transfers required by division (B) of this section,	62852
shall be credited to the highway operating fund, except as	62853
provided in ~~the next succeeding paragraph~~division (C)(3) of this	62854
section.	62855

(3) From the date of the receipt by the treasurer of state of	62856
certifications from the commissioners of the sinking fund, as	62857
required by sections 5528.18 and 5528.39 of the Revised Code,	62858
certifying that the moneys to the credit of the highway	62859
improvement bond retirement fund are sufficient to meet in full	62860
all payments of interest, principal, and charges for the	62861
retirement of all bonds and other obligations which may be issued	62862
pursuant to Section 2g of Article VIII, Ohio Constitution, and	62863
sections 5528.10 and 5528.11 of the Revised Code, and to the	62864
credit of the highway obligations bond retirement fund are	62865
sufficient to meet in full all payments of interest, principal,	62866
and charges for the retirement of all obligations issued pursuant	62867
to Section 2i of Article VIII, Ohio Constitution, and sections	62868
5528.30 and 5528.31 of the Revised Code, the moneys derived from	62869
the tax levied by this section, after the credit ~~to the tax refund~~	62870
~~fund and the waterways safety fund as provided~~and transfers	62871
required by division (B) of this section, shall be credited to the	62872
highway operating fund.	62873

Sec. 5735.99. (A) Whoever violates division (F) of section	62874
5735.02, division (D) of section 5735.021, division (B) of section	62875
5735.063, division (B) of section 5735.064, or division (A)(2) of	62876
section 5735.20 of the Revised Code is guilty of a misdemeanor of	62877
the first degree.	62878

(B) Whoever violates division (E) of section 5735.06 of the	62879
Revised Code is guilty of a felony of the fourth degree.	62880

(C) Whoever violates section 5735.025 or division (A)(1) of	62881
section 5735.20 of the Revised Code is guilty of a misdemeanor of	62882
the first degree, if the tax owed or the fraudulent refund	62883
received is not greater than five hundred dollars. If the tax owed	62884
or the fraudulent refund received is greater than five hundred	62885
dollars but not greater than ten thousand dollars, the offender is	62886
guilty of a felony of the fourth degree; for each subsequent	62887
offense when the tax owed or the fraudulent refund received is	62888
greater than five hundred dollars but not greater than ten	62889
thousand dollars, the offender is guilty of a felony of the third	62890
degree. If the tax owed or the fraudulent refund received is	62891
greater than ten thousand dollars, the offender is guilty of a	62892
felony of the second degree.	62893

(D) Whoever violates a provision of this chapter for which a	62894
penalty is not otherwise prescribed under this section is guilty	62895
of a misdemeanor of the fourth degree.	62896

(E) Whoever violates division (D)(5) of section 5735.19 of	62897
the Revised Code is guilty of a misdemeanor of the first degree.	62898

Sec. 5739.01. As used in this chapter:

62899

(A) "Person" includes individuals, receivers, assignees,	62900
trustees in bankruptcy, estates, firms, partnerships,	62901
associations, joint-stock companies, joint ventures, clubs,	62902
societies, corporations, the state and its political subdivisions,	62903
and combinations of individuals of any form.	62904

(B) "Sale" and "selling" include all of the following	62905
transactions for a consideration in any manner, whether absolutely	62906
or conditionally, whether for a price or rental, in money or by	62907
exchange, and by any means whatsoever:	62908

(1) All transactions by which title or possession, or both,	62909
of tangible personal property, is or is to be transferred, or a	62910
license to use or consume tangible personal property is or is to	62911
be granted;	62912

(2) All transactions by which lodging by a hotel is or is to	62913
be furnished to transient guests;	62914

(3) All transactions by which:

62915

(a) An item of tangible personal property is or is to be	62916
repaired, except property, the purchase of which would not be	62917
subject to the tax imposed by section 5739.02 of the Revised Code;	62918

(b) An item of tangible personal property is or is to be	62919
installed, except property, the purchase of which would not be	62920
subject to the tax imposed by section 5739.02 of the Revised Code	62921
or property that is or is to be incorporated into and will become	62922
a part of a production, transmission, transportation, or	62923
distribution system for the delivery of a public utility service;	62924

(c) The service of washing, cleaning, waxing, polishing, or	62925
painting a motor vehicle is or is to be furnished;	62926

(d) ~~Industrial laundry~~Laundry and dry cleaning services are	62927
or are to be provided;	62928

(e) Automatic data processing, computer services, or	62929
electronic information services are or are to be provided for use	62930
in business when the true object of the transaction is the receipt	62931
by the consumer of automatic data processing, computer services,	62932
or electronic information services rather than the receipt of	62933
personal or professional services to which automatic data	62934
processing, computer services, or electronic information services	62935
are incidental or supplemental. Notwithstanding any other	62936
provision of this chapter, such transactions that occur between	62937
members of an affiliated group are not sales. An affiliated group	62938
means two or more persons related in such a way that one person	62939
owns or controls the business operation of another member of the	62940
group. In the case of corporations with stock, one corporation	62941
owns or controls another if it owns more than fifty per cent of	62942
the other corporation's common stock with voting rights.	62943

(f) Telecommunications service, other than mobile	62944
telecommunications service after July 31, 2002, is or is to be	62945
provided ~~that originates or terminates in this state and is~~	62946
~~charged in the records of the telecommunications service vendor to~~	62947
~~the consumer's telephone number or account in this state, or that~~	62948
~~both originates and terminates in this state;~~, but does not	62949
include transactions by which ~~telecommunications service is paid~~	62950
~~for by using a prepaid authorization number or prepaid telephone~~	62951
~~calling card, or by which~~ local telecommunications service is	62952
obtained from a coin-operated telephone and paid for by using	62953
coin;	62954

(g) Landscaping and lawn care service is or is to be	62955
provided;	62956

(h) Private investigation and security service is or is to be	62957
provided;	62958

(i) Information services or tangible personal property is	62959
provided or ordered by means of a nine hundred telephone call;	62960

(j) Building maintenance and janitorial service is or is to	62961
be provided;	62962

(k) Employment service is or is to be provided;

62963

(l) Employment placement service is or is to be provided;

62964

(m) Exterminating service is or is to be provided;

62965

(n) Physical fitness facility service is or is to be	62966
provided;	62967

(o) Recreation and sports club service is or is to be	62968
provided.	62969

(p) After July 31, 2002, mobile telecommunications service is	62970
or is to be provided ~~in this state~~ when that service is sitused to	62971
this state pursuant to the "Mobile Telecommunications Sourcing	62972
Act," P. Pub. L. No. 106-252, 114 Stat. 626 to 632 (2000), 4	62973
U.S.C.A. 116 to 126, as amended.	62974

(q) Satellite television service is or is to be provided;

62975

(r) Personal care service is or is to be provided to an	62976
individual. As used in this division, "personal care service"	62977
includes skin care, the application of cosmetics, manicuring,	62978
pedicuring, hair removal, tattooing, body piercing, tanning,	62979
massage, and other similar services. "Personal care service" does	62980
not include a service provided by individuals licensed under Title	62981
XLVII of the Revised Code who are authorized to perform	62982
therapeutic massage pursuant to their scope of practice, or the	62983
cutting, coloring, or styling of an individual's hair.	62984

(s) The transportation of persons by motor vehicle or	62985
aircraft is or is to be provided, when the point of origin and the	62986
point of termination are both within this state, except for	62987
transportation provided by a transit bus, as defined in section	62988
5735.01 of the Revised Code, and transportation provided by a	62989
citizen of the United States holding a certificate of public	62990
convenience and necessity issued under 49 U.S.C. 41102;	62991

(t) Motor vehicle towing service is or is to be provided. As	62992
used in this division, "motor vehicle towing service" means the	62993
towing or conveyance of a wrecked, disabled, or illegally parked	62994
motor vehicle.	62995

(u) Snow removal service is or is to be provided. As used in	62996
this division, "snow removal" means the removal of snow by any	62997
mechanized means.	62998

(4) All transactions by which printed, imprinted,	62999
overprinted, lithographic, multilithic, blueprinted, photostatic,	63000
or other productions or reproductions of written or graphic matter	63001
are or are to be furnished or transferred;	63002

(5) The production or fabrication of tangible personal	63003
property for a consideration for consumers who furnish either	63004
directly or indirectly the materials used in the production of	63005
fabrication work; and include the furnishing, preparing, or	63006
serving for a consideration of any tangible personal property	63007
consumed on the premises of the person furnishing, preparing, or	63008
serving such tangible personal property. Except as provided in	63009
section 5739.03 of the Revised Code, a construction contract	63010
pursuant to which tangible personal property is or is to be	63011
incorporated into a structure or improvement on and becoming a	63012
part of real property is not a sale of such tangible personal	63013
property. The construction contractor is the consumer of such	63014
tangible personal property, provided that the sale and	63015
installation of carpeting, the sale and installation of	63016
agricultural land tile, the sale and erection or installation of	63017
portable grain bins, or the provision of landscaping and lawn care	63018
service and the transfer of property as part of such service is	63019
never a construction contract. The transfer of copyrighted motion	63020
picture films for exhibition purposes is not a sale, except such	63021
films as are used solely for advertising purposes. ~~Other than as~~	63022
~~provided in this section, "sale" and "selling" do not include~~	63023
~~transfers of interest in leased property where the original lessee~~	63024
~~and the terms of the original lease agreement remain unchanged, or~~	63025
~~professional, insurance, or personal service transactions that~~	63026
~~involve the transfer of tangible personal property as an~~	63027
~~inconsequential element, for which no separate charges are made.~~	63028

As used in division (B)(5) of this section:

63029

(a) "Agricultural land tile" means fired clay or concrete	63030
tile, or flexible or rigid perforated plastic pipe or tubing,	63031
incorporated or to be incorporated into a subsurface drainage	63032
system appurtenant to land used or to be used directly in	63033
production by farming, agriculture, horticulture, or floriculture.	63034
The term does not include such materials when they are or are to	63035
be incorporated into a drainage system appurtenant to a building	63036
or structure even if the building or structure is used or to be	63037
used in such production.	63038

(b) "Portable grain bin" means a structure that is used or to	63039
be used by a person engaged in farming or agriculture to shelter	63040
the person's grain and that is designed to be disassembled without	63041
significant damage to its component parts.	63042

(6) All transactions in which all of the shares of stock of a	63043
closely held corporation are transferred, if the corporation is	63044
not engaging in business and its entire assets consist of boats,	63045
planes, motor vehicles, or other tangible personal property	63046
operated primarily for the use and enjoyment of the shareholders;	63047

(7) All transactions in which a warranty, maintenance or	63048
service contract, or similar agreement by which the vendor of the	63049
warranty, contract, or agreement agrees to repair or maintain the	63050
tangible personal property of the consumer is or is to be	63051
provided;	63052

(8) ~~All transactions by which a prepaid authorization number~~	63053
~~or a prepaid telephone calling card is or is to be transferred~~All	63054
transactions by which tangible personal property is or is to be	63055
stored, except such property that the consumer of the storage	63056
holds for sale in the regular course of business.	63057

Except as provided in this section, "sale" and "selling" do	63058
not include transfers of interest in leased property where the	63059
original lessee and the terms of the original lease agreement	63060
remain unchanged, or professional, insurance, or personal service	63061
transactions that involve the transfer of tangible personal	63062
property as an inconsequential element, for which no separate	63063
charges are made.	63064

(C) "Vendor" means the person providing the service or by	63065
whom the transfer effected or license given by a sale is or is to	63066
be made or given and, for sales described in division (B)(3)(i) of	63067
this section, the telecommunications service vendor that provides	63068
the nine hundred telephone service; if two or more persons are	63069
engaged in business at the same place of business under a single	63070
trade name in which all collections on account of sales by each	63071
are made, such persons shall constitute a single vendor.	63072

Physicians, dentists, hospitals, and veterinarians who are	63073
engaged in selling tangible personal property as received from	63074
others, such as eyeglasses, mouthwashes, dentifrices, or similar	63075
articles, are vendors. Veterinarians who are engaged in	63076
transferring to others for a consideration drugs, the dispensing	63077
of which does not require an order of a licensed veterinarian or	63078
physician under federal law, are vendors.	63079

(D)(1) "Consumer" means the person for whom the service is	63080
provided, to whom the transfer effected or license given by a sale	63081
is or is to be made or given, to whom the service described in	63082
division (B)(3)(f) or (i) of this section is charged, or to whom	63083
the admission is granted.	63084

(2) Physicians, dentists, hospitals, and blood banks operated	63085
by nonprofit institutions and persons licensed to practice	63086
veterinary medicine, surgery, and dentistry are consumers of all	63087
tangible personal property and services purchased by them in	63088
connection with the practice of medicine, dentistry, the rendition	63089
of hospital or blood bank service, or the practice of veterinary	63090
medicine, surgery, and dentistry. In addition to being consumers	63091
of drugs administered by them or by their assistants according to	63092
their direction, veterinarians also are consumers of drugs that	63093
under federal law may be dispensed only by or upon the order of a	63094
licensed veterinarian or physician, when transferred by them to	63095
others for a consideration to provide treatment to animals as	63096
directed by the veterinarian.	63097

(3) A person who performs a facility management, or similar	63098
service contract for a contractee is a consumer of all tangible	63099
personal property and services purchased for use in connection	63100
with the performance of such contract, regardless of whether title	63101
to any such property vests in the contractee. The purchase of such	63102
property and services is not subject to the exception for resale	63103
under division (E)(1) of this section.	63104

(4)(a) In the case of a person who purchases printed matter	63105
for the purpose of distributing it or having it distributed to the	63106
public or to a designated segment of the public, free of charge,	63107
that person is the consumer of that printed matter, and the	63108
purchase of that printed matter for that purpose is a sale.	63109

(b) In the case of a person who produces, rather than	63110
purchases, printed matter for the purpose of distributing it or	63111
having it distributed to the public or to a designated segment of	63112
the public, free of charge, that person is the consumer of all	63113
tangible personal property and services purchased for use or	63114
consumption in the production of that printed matter. That person	63115
is not entitled to claim ~~exception~~exemption under division	63116
~~(E)(8)~~(B)(43)(f) of ~~this~~ section 5739.02 of the Revised Code for	63117
any material incorporated into the printed matter or any	63118
equipment, supplies, or services primarily used to produce the	63119
printed matter.	63120

(c) The distribution of printed matter to the public or to a	63121
designated segment of the public, free of charge, is not a sale to	63122
the members of the public to whom the printed matter is	63123
distributed or to any persons who purchase space in the printed	63124
matter for advertising or other purposes.	63125

(5) A person who makes sales of any of the services listed in	63126
division (B)(3) of this section is the consumer of any tangible	63127
personal property used in performing the service. The purchase of	63128
that property is not subject to the resale exception under	63129
division (E)(1) of this section.	63130

(E) "Retail sale" and "sales at retail" include all sales,	63131
except those in which the purpose of the consumer is:	63132

~~(1) To~~to resell the thing transferred or benefit of the	63133
service provided, by a person engaging in business, in the form in	63134
which the same is, or is to be, received by the person;	63135

~~(2) To incorporate the thing transferred as a material or a~~	63136
~~part, into tangible personal property to be produced for sale by~~	63137
~~manufacturing, assembling, processing, or refining, or to use or~~	63138
~~consume the thing transferred directly in producing a product for~~	63139
~~sale by mining, including without limitation the extraction from~~	63140
~~the earth of all substances that are classed geologically as~~	63141
~~minerals, production of crude oil and natural gas, farming,~~	63142
~~agriculture, horticulture, or floriculture, and persons engaged in~~	63143
~~rendering farming, agricultural, horticultural, or floricultural~~	63144
~~services, and services in the exploration for, and production of,~~	63145
~~crude oil and natural gas, for others are deemed engaged directly~~	63146
~~in farming, agriculture, horticulture, and floriculture, or~~	63147
~~exploration for, and production of, crude oil and natural gas;~~	63148
~~directly in the rendition of a public utility service, except that~~	63149
~~the sales tax levied by section 5739.02 of the Revised Code shall~~	63150
~~be collected upon all meals, drinks, and food for human~~	63151
~~consumption sold upon Pullman and railroad coaches. This paragraph~~	63152
~~does not exempt or except from "retail sale" or "sales at retail"~~	63153
~~the sale of tangible personal property that is to be incorporated~~	63154
~~into a structure or improvement to real property.~~	63155

~~(3) To hold the thing transferred as security for the~~	63156
~~performance of an obligation of the vendor;~~	63157

~~(4) To use or consume the thing transferred in the process of~~	63158
~~reclamation as required by Chapters 1513. and 1514. of the Revised~~	63159
~~Code;~~	63160

~~(5) To resell, hold, use, or consume the thing transferred as~~	63161
~~evidence of a contract of insurance;~~	63162

~~(6) To use or consume the thing directly in commercial~~	63163
~~fishing;~~	63164

~~(7) To incorporate the thing transferred as a material or a~~	63165
~~part into, or to use or consume the thing transferred directly in~~	63166
~~the production of, magazines distributed as controlled circulation~~	63167
~~publications;~~	63168

~~(8) To use or consume the thing transferred in the production~~	63169
~~and preparation in suitable condition for market and sale of~~	63170
~~printed, imprinted, overprinted, lithographic, multilithic,~~	63171
~~blueprinted, photostatic, or other productions or reproductions of~~	63172
~~written or graphic matter;~~	63173

~~(9) To use the thing transferred, as described in section~~	63174
~~5739.011 of the Revised Code, primarily in a manufacturing~~	63175
~~operation to produce tangible personal property for sale;~~	63176

~~(10) To use the benefit of a warranty, maintenance or service~~	63177
~~contract, or similar agreement, as defined in division (B)(7) of~~	63178
~~this section, to repair or maintain tangible personal property, if~~	63179
~~all of the property that is the subject of the warranty, contract,~~	63180
~~or agreement would be exempt on its purchase from the tax imposed~~	63181
~~by section 5739.02 of the Revised Code;~~	63182

~~(11) To use the thing transferred as qualified research and~~	63183
~~development equipment;~~	63184

~~(12) To use or consume the thing transferred primarily in~~	63185
~~storing, transporting, mailing, or otherwise handling purchased~~	63186
~~sales inventory in a warehouse, distribution center, or similar~~	63187
~~facility when the inventory is primarily distributed outside this~~	63188
~~state to retail stores of the person who owns or controls the~~	63189
~~warehouse, distribution center, or similar facility, to retail~~	63190
~~stores of an affiliated group of which that person is a member, or~~	63191
~~by means of direct marketing. Division (E)(12) of this section~~	63192
~~does not apply to motor vehicles registered for operation on the~~	63193
~~public highways. As used in division (E)(12) of this section,~~	63194
~~"affiliated group" has the same meaning as in division (B)(3)(e)~~	63195
~~of this section and "direct marketing" has the same meaning as in~~	63196
~~division (B)(36) of section 5739.02 of the Revised Code.~~	63197

~~(13) To use or consume the thing transferred to fulfill a~~	63198
~~contractual obligation incurred by a warrantor pursuant to a~~	63199
~~warranty provided as a part of the price of the tangible personal~~	63200
~~property sold or by a vendor of a warranty, maintenance or service~~	63201
~~contract, or similar agreement the provision of which is defined~~	63202
~~as a sale under division (B)(7) of this section;~~	63203

~~(14) To use or consume the thing transferred in the~~	63204
~~production of a newspaper for distribution to the public;~~	63205

~~(15) To use tangible personal property to perform a service~~	63206
~~listed in division (B)(3) of this section, if the property is or~~	63207
~~is to be permanently transferred to the consumer of the service as~~	63208
~~an integral part of the performance of the service.~~	63209

~~As used in division (E) of this section, "thing" includes all~~	63210
~~transactions included in divisions (B)(3)(a), (b), and (e) of this~~	63211
~~section.~~	63212

~~Sales conducted through a coin-operated device that activates~~	63213
~~vacuum equipment or equipment that dispenses water, whether or not~~	63214
~~in combination with soap or other cleaning agents or wax, to the~~	63215
~~consumer for the consumer's use on the premises in washing,~~	63216
~~cleaning, or waxing a motor vehicle, provided no other personal~~	63217
~~property or personal service is provided as part of the~~	63218
~~transaction, are not retail sales or sales at retail~~.	63219

(F) "Business" includes any activity engaged in by any person	63220
with the object of gain, benefit, or advantage, either direct or	63221
indirect. "Business" does not include the activity of a person in	63222
managing and investing the person's own funds.	63223

(G) "Engaging in business" means commencing, conducting, or	63224
continuing in business, and liquidating a business when the	63225
liquidator thereof holds itself out to the public as conducting	63226
such business. Making a casual sale is not engaging in business.	63227

(H)(1)(a) "Price," except as provided in divisions (H)(2) and	63228
(3) of this section, means ~~the aggregate value in money of~~	63229
~~anything paid or delivered, or promised to be paid or delivered,~~	63230
~~in the complete performance of a retail sale, without any~~	63231
~~deduction on account of the cost of the property sold, cost of~~	63232
~~materials used, labor or service cost, interest, discount paid or~~	63233
~~allowed after the sale is consummated, or any other expense. If~~	63234
~~the retail sale consists of the rental or lease of tangible~~	63235
~~personal property, "price" means the aggregate value in money of~~	63236
~~anything paid or delivered, or promised to be paid or delivered,~~	63237
~~in the complete performance of the rental or lease, without any~~	63238
~~deduction for tax, interest, labor or service charge, damage~~	63239
~~liability waiver, termination or damage charge, discount paid or~~	63240
~~allowed after the lease is consummated, or any other expense.~~	63241
~~Except as provided in division (H)(4) of this section, the sales~~	63242
~~tax shall be calculated and collected by the lessor on each~~	63243
~~payment made by the lessee. "Price" does not include the~~	63244
~~consideration received as a deposit refundable to the consumer~~	63245
~~upon return of a beverage container, the consideration received as~~	63246
~~a deposit on a carton or case that is used for such returnable~~	63247
~~containers, or the consideration received as a refundable security~~	63248
~~deposit for the use of tangible personal property to the extent~~	63249
~~that it actually is refunded, if the consideration for such~~	63250
~~refundable deposit is separately stated from the consideration~~	63251
~~received or to be received for the tangible personal property~~	63252
~~transferred in the retail sale. Such separation must appear in the~~	63253
~~sales agreement or on the initial invoice or initial billing~~	63254
~~rendered by the vendor to the consumer. "Price" also does not~~	63255
~~include delivery charges that are separately stated on the initial~~	63256
~~invoice or initial billing rendered by the vendor. Price is the~~	63257
~~amount received inclusive of the tax, provided the vendor~~	63258
~~establishes to the satisfaction of the tax commissioner that the~~	63259
~~tax was added to the price. When the price includes both a charge~~	63260
~~for tangible personal property and a charge for providing a~~	63261
~~service and the sale of the property and the charge for the~~	63262
~~service are separately taxable, or have a separately determinable~~	63263
~~tax status, the price shall be separately stated for each such~~	63264
~~charge so the tax can be correctly computed and charged.~~	63265

~~The tax collected by the vendor from the consumer under this~~	63266
~~chapter is not part of the price, but is a tax collection for the~~	63267
~~benefit of the state and of counties levying an additional sales~~	63268
~~tax pursuant to section 5739.021 or 5739.026 of the Revised Code~~	63269
~~and of transit authorities levying an additional sales tax~~	63270
~~pursuant to section 5739.023 of the Revised Code. Except for the~~	63271
~~discount authorized in section 5739.12 of the Revised Code and the~~	63272
~~effects of any rounding pursuant to section 5703.055 of the~~	63273
~~Revised Code, no person other than the state or such a county or~~	63274
~~transit authority shall derive any benefit from the collection or~~	63275
~~payment of such tax.~~	63276

~~As used in division (H)(1) of this section, "delivery~~	63277
~~charges" means charges by the vendor for preparation and delivery~~	63278
~~to a location designated by the consumer of tangible personal~~	63279
~~property or a service, including transportation, shipping,~~	63280
~~postage, handling, crating, and packing~~the total amount of	63281
consideration, including cash, credit, property, and services, for	63282
which tangible personal property or services are sold, leased, or	63283
rented, valued in money, whether received in money or otherwise,	63284
without any deduction for any of the following:	63285

(i) The vendor's cost of the property sold;

63286

(ii) The cost of materials used, labor or service costs,	63287
interest, losses, all costs of transportation to the vendor, all	63288
taxes imposed on the vendor, and any other expense of the vendor;	63289

(iii) Charges by the vendor for any services necessary to	63290
complete the sale;	63291

(iv) Delivery charges. As used in this division, "delivery	63292
charges" means charges by the vendor for preparation and delivery	63293
to a location designated by the consumer of tangible personal	63294
property or a service, including transportation, shipping,	63295
postage, handling, crating, and packing.	63296

(v) Installation charges;

63297

(vi) The value of exempt tangible personal property given to	63298
the consumer where taxable and exempt tangible personal property	63299
have been bundled together and sold by the vendor as a single	63300
product or piece of merchandise.	63301

(b) "Price" does not include any of the following:

63302

(i) Discounts, including cash, term, or coupons that are not	63303
reimbursed by a third party that are allowed by a vendor and taken	63304
by a consumer on a sale;	63305

(ii) Interest, financing, and carrying charges from credit	63306
extended on the sale of tangible personal property or services, if	63307
the amount is separately stated on the invoice, bill of sale, or	63308
similar document given to the purchaser;	63309

(iii) Any taxes legally imposed directly on the consumer that	63310
are separately stated on the invoice, bill of sale, or similar	63311
document given to the consumer.	63312

(2) In the case of a sale of any new motor vehicle by a new	63313
motor vehicle dealer, as defined in section 4517.01 of the Revised	63314
Code, in which another motor vehicle is accepted by the dealer as	63315
part of the consideration received, "price" has the same meaning	63316
as in division (H)(1) of this section, reduced by the credit	63317
afforded the consumer by the dealer for the motor vehicle received	63318
in trade.	63319

(3) In the case of a sale of any watercraft or outboard motor	63320
by a watercraft dealer licensed in accordance with section	63321
1547.543 of the Revised Code, in which another watercraft,	63322
watercraft and trailer, or outboard motor is accepted by the	63323
dealer as part of the consideration received, "price" has the same	63324
meaning as in division (H)(1) of this section, reduced by the	63325
credit afforded the consumer by the dealer for the watercraft,	63326
watercraft and trailer, or outboard motor received in trade. As	63327
used in this division, "watercraft" includes an outdrive unit	63328
attached to the watercraft.	63329

(4) ~~In the case of the lease of any motor vehicle designed by~~	63330
~~the manufacturer to carry a load of not more than one ton,~~	63331
~~watercraft, outboard motor, or aircraft, or the lease of any~~	63332
~~tangible personal property, other than motor vehicles designed by~~	63333
~~the manufacturer to carry a load of more than one ton, to be used~~	63334
~~by the lessee primarily for business purposes, the sales tax shall~~	63335
~~be collected by the vendor at the time the lease is consummated~~	63336
~~and shall be calculated by the vendor on the basis of the total~~	63337
~~amount to be paid by the lessee under the lease agreement. If the~~	63338
~~total amount of the consideration for the lease includes amounts~~	63339
~~that are not calculated at the time the lease is executed, the tax~~	63340
~~shall be calculated and collected by the vendor at the time such~~	63341
~~amounts are billed to the lessee. In the case of an open-end~~	63342
~~lease, the sales tax shall be calculated by the vendor on the~~	63343
~~basis of the total amount to be paid during the initial fixed term~~	63344
~~of the lease, and then for each subsequent renewal period as it~~	63345
~~comes due.~~	63346

~~As used in divisions (H)(3) and (4) of this section, "motor~~	63347
~~vehicle" has the same meaning as in section 4501.01 of the Revised~~	63348
~~Code, and "watercraft" includes an outdrive unit attached to the~~	63349
~~watercraft.~~	63350

In the case of a transaction in which telecommunications	63351
service, mobile telecommunications service, or cable television	63352
service is sold in a bundled transaction with other distinct	63353
services for a single price that is not itemized, the entire price	63354
is subject to the taxes levied under sections 5739.02, 5739.021,	63355
5739.023, and 5739.026 of the Revised Code, unless the vendor can	63356
reasonably identify the nontaxable portion from its books and	63357
records kept in the regular course of business. Upon the request	63358
of the consumer, the vendor shall disclose to the consumer the	63359
selling price for the taxable services included in the selling	63360
price for the taxable and nontaxable services billed on an	63361
aggregated basis. The burden of proving any nontaxable charges is	63362
on the vendor.	63363

(I) "Receipts" means the total amount of the prices of the	63364
sales of vendors, provided that cash discounts allowed and taken	63365
on sales at the time they are consummated are not included, minus	63366
any amount deducted as a bad debt pursuant to section 5739.121 of	63367
the Revised Code. "Receipts" does not include the sale price of	63368
property returned or services rejected by consumers when the full	63369
sale price and tax are refunded either in cash or by credit.	63370

(J) "Place of business" means any location at which a person	63371
engages in business.	63372

(K) "Premises" includes any real property or portion thereof	63373
upon which any person engages in selling tangible personal	63374
property at retail or making retail sales and also includes any	63375
real property or portion thereof designated for, or devoted to,	63376
use in conjunction with the business engaged in by such person.	63377

(L) "Casual sale" means a sale of an item of tangible	63378
personal property that was obtained by the person making the sale,	63379
through purchase or otherwise, for the person's own use and was	63380
previously subject to any state's taxing jurisdiction on its sale	63381
or use, and includes such items acquired for the seller's use that	63382
are sold by an auctioneer employed directly by the person for such	63383
purpose, provided the location of such sales is not the	63384
auctioneer's permanent place of business. As used in this	63385
division, "permanent place of business" includes any location	63386
where such auctioneer has conducted more than two auctions during	63387
the year.	63388

(M) "Hotel" means every establishment kept, used, maintained,	63389
advertised, or held out to the public to be a place where sleeping	63390
accommodations are offered to guests, in which five or more rooms	63391
are used for the accommodation of such guests, whether the rooms	63392
are in one or several structures.	63393

(N) "Transient guests" means persons occupying a room or	63394
rooms for sleeping accommodations for less than thirty consecutive	63395
days.	63396

(O) "Making retail sales" means the effecting of transactions	63397
wherein one party is obligated to pay the price and the other	63398
party is obligated to provide a service or to transfer title to or	63399
possession of the item sold. "Making retail sales" does not	63400
include the preliminary acts of promoting or soliciting the retail	63401
sales, other than the distribution of printed matter which	63402
displays or describes and prices the item offered for sale, nor	63403
does it include delivery of a predetermined quantity of tangible	63404
personal property or transportation of property or personnel to or	63405
from a place where a service is performed, regardless of whether	63406
the vendor is a delivery vendor.	63407

(P) "Used directly in the rendition of a public utility	63408
service" means that property ~~which~~that is to be incorporated into	63409
and will become a part of the consumer's production, transmission,	63410
transportation, or distribution system and that retains its	63411
classification as tangible personal property after such	63412
incorporation; fuel or power used in the production, transmission,	63413
transportation, or distribution system; and tangible personal	63414
property used in the repair and maintenance of the production,	63415
transmission, transportation, or distribution system, including	63416
only such motor vehicles as are specially designed and equipped	63417
for such use. Tangible personal property and services used	63418
primarily in providing highway transportation for hire are not	63419
used directly in ~~providing~~the rendition of a public utility	63420
service ~~as defined in this division~~.	63421

(Q) "Refining" means removing or separating a desirable	63422
product from raw or contaminated materials by distillation or	63423
physical, mechanical, or chemical processes.	63424

(R) "Assembly" and "assembling" mean attaching or fitting	63425
together parts to form a product, but do not include packaging a	63426
product.	63427

(S) "Manufacturing operation" means a process in which	63428
materials are changed, converted, or transformed into a different	63429
state or form from which they previously existed and includes	63430
refining materials, assembling parts, and preparing raw materials	63431
and parts by mixing, measuring, blending, or otherwise committing	63432
such materials or parts to the manufacturing process.	63433
"Manufacturing operation" does not include packaging.	63434

(T) "Fiscal officer" means, with respect to a regional	63435
transit authority, the secretary-treasurer thereof, and with	63436
respect to a county that is a transit authority, the fiscal	63437
officer of the county transit board if one is appointed pursuant	63438
to section 306.03 of the Revised Code or the county auditor if the	63439
board of county commissioners operates the county transit system.	63440

(U) "Transit authority" means a regional transit authority	63441
created pursuant to section 306.31 of the Revised Code or a county	63442
in which a county transit system is created pursuant to section	63443
306.01 of the Revised Code. For the purposes of this chapter, a	63444
transit authority must extend to at least the entire area of a	63445
single county. A transit authority that includes territory in more	63446
than one county must include all the area of the most populous	63447
county that is a part of such transit authority. County population	63448
shall be measured by the most recent census taken by the United	63449
States census bureau.	63450

(V) "Legislative authority" means, with respect to a regional	63451
transit authority, the board of trustees thereof, and with respect	63452
to a county that is a transit authority, the board of county	63453
commissioners.	63454

(W) "Territory of the transit authority" means all of the	63455
area included within the territorial boundaries of a transit	63456
authority as they from time to time exist. Such territorial	63457
boundaries must at all times include all the area of a single	63458
county or all the area of the most populous county that is a part	63459
of such transit authority. County population shall be measured by	63460
the most recent census taken by the United States census bureau.	63461

(X) "Providing a service" means providing or furnishing	63462
anything described in division (B)(3) of this section for	63463
consideration.	63464

(Y)(1)(a) "Automatic data processing" means processing of	63465
others' data, including keypunching or similar data entry services	63466
together with verification thereof, or providing access to	63467
computer equipment for the purpose of processing data.	63468

(b) "Computer services" means providing services consisting	63469
of specifying computer hardware configurations and evaluating	63470
technical processing characteristics, computer programming, and	63471
training of computer programmers and operators, provided in	63472
conjunction with and to support the sale, lease, or operation of	63473
taxable computer equipment or systems.	63474

(c) "Electronic information services" means providing access	63475
to computer equipment by means of telecommunications equipment for	63476
the purpose of either of the following:	63477

(i) Examining or acquiring data stored in or accessible to	63478
the computer equipment;	63479

(ii) Placing data into the computer equipment to be retrieved	63480
by designated recipients with access to the computer equipment.	63481

(d) "Automatic data processing, computer services, or	63482
electronic information services" shall not include personal or	63483
professional services.	63484

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	63485
section, "personal and professional services" means all services	63486
other than automatic data processing, computer services, or	63487
electronic information services, including but not limited to:	63488

(a) Accounting and legal services such as advice on tax	63489
matters, asset management, budgetary matters, quality control,	63490
information security, and auditing and any other situation where	63491
the service provider receives data or information and studies,	63492
alters, analyzes, interprets, or adjusts such material;	63493

(b) Analyzing business policies and procedures;

63494

63495

(d) Feasibility studies, including economic and technical	63496
analysis of existing or potential computer hardware or software	63497
needs and alternatives;	63498

(e) Designing policies, procedures, and custom software for	63499
collecting business information, and determining how data should	63500
be summarized, sequenced, formatted, processed, controlled, and	63501
reported so that it will be meaningful to management;	63502

(f) Developing policies and procedures that document how	63503
business events and transactions are to be authorized, executed,	63504
and controlled;	63505

(g) Testing of business procedures;

63506

(h) Training personnel in business procedure applications;

63507

(i) Providing credit information to users of such information	63508
by a consumer reporting agency, as defined in the "Fair Credit	63509
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	63510
as hereafter amended, including but not limited to gathering,	63511
organizing, analyzing, recording, and furnishing such information	63512
by any oral, written, graphic, or electronic medium;	63513

(j) Providing debt collection services by any oral, written,	63514
graphic, or electronic means.	63515

The services listed in divisions (Y)(2)(a) to (j) of this	63516
section are not automatic data processing or computer services.	63517

(Z) "Highway transportation for hire" means the	63518
transportation of personal property belonging to others for	63519
consideration by any of the following:	63520

(1) The holder of a permit or certificate issued by this	63521
state or the United States authorizing the holder to engage in	63522
transportation of personal property belonging to others for	63523
consideration over or on highways, roadways, streets, or any	63524
similar public thoroughfare;	63525

(2) A person who engages in the transportation of personal	63526
property belonging to others for consideration over or on	63527
highways, roadways, streets, or any similar public thoroughfare	63528
but who could not have engaged in such transportation on December	63529
11, 1985, unless the person was the holder of a permit or	63530
certificate of the types described in division (Z)(1) of this	63531
section;	63532

(3) A person who leases a motor vehicle to and operates it	63533
for a person described by division (Z)(1) or (2) of this section.	63534

(AA) "Telecommunications service" means the transmission of	63535
any interactive, two-way electromagnetic communications, including	63536
voice, image, data, and information, through the use of any medium	63537
such as wires, cables, microwaves, cellular radio, radio waves,	63538
light waves, or any combination of those or similar media.	63539
"Telecommunications service" includes message toll service even	63540
though the vendor provides the message toll service by means of	63541
wide area transmission type service or private communications	63542
service purchased from another telecommunications service	63543
provider, ~~but~~and other related fees and ancillary services,	63544
including universal service fees, detailed billing service,	63545
directory assistance, service initiation, voice mail service, and	63546
vertical services, such as caller ID and three-way calling.	63547
"Telecommunications service" does not include any of the	63548
following:	63549

(1) Sales of incoming or outgoing wide area transmission	63550
service or wide area transmission type service, including eight	63551
hundred or eight-hundred-type service, to the person contracting	63552
for the receipt of that service;	63553

(2) Sales of private communications service to the person	63554
contracting for the receipt of that service that entitles the	63555
purchaser to exclusive or priority use of a communications channel	63556
or group of channels between exchanges;	63557

(3) Sales of telecommunications service billed to persons	63558
before January 1, 2004, by telephone companies subject to the	63559
excise tax imposed by Chapter 5727. of the Revised Code;	63560

(4) Sales of telecommunications service to a provider of	63561
telecommunications service or of mobile telecommunications	63562
service, including access services, for use in providing	63563
telecommunications service or mobile telecommunications service;	63564

(5) Value-added nonvoice services in which computer	63565
processing applications are used to act on the form, content,	63566
code, or protocol of the information to be transmitted;	63567

(6) Transmission of interactive video programming by a cable	63568
television system as defined in section 505.90 of the Revised	63569
Code;	63570

(7) After July 31, 2002, mobile telecommunications service.

63571

(BB) "~~Industrial laundry~~Laundry and dry cleaning services"	63572
means removing soil or dirt from ~~or supplying~~ towels, linens, or	63573
articles of clothing, or other fabric items that belong to others	63574
and ~~are used in a trade or business~~supplying towels, linens,	63575
articles of clothing, or other fabric items. "Laundry and dry	63576
cleaning services" does not include the provision of self-service	63577
facilities for use by consumers to remove soil or dirt from	63578
towels, linens, articles of clothing, or other fabric items.	63579

(CC) "Magazines distributed as controlled circulation	63580
publications" means magazines containing at least twenty-four	63581
pages, at least twenty-five per cent editorial content, issued at	63582
regular intervals four or more times a year, and circulated	63583
without charge to the recipient, provided that such magazines are	63584
not owned or controlled by individuals or business concerns which	63585
conduct such publications as an auxiliary to, and essentially for	63586
the advancement of the main business or calling of, those who own	63587
or control them.	63588

(DD) "Landscaping and lawn care service" means the services	63589
of planting, seeding, sodding, removing, cutting, trimming,	63590
pruning, mulching, aerating, applying chemicals, watering,	63591
fertilizing, and providing similar services to establish, promote,	63592
or control the growth of trees, shrubs, flowers, grass, ground	63593
cover, and other flora, or otherwise maintaining a lawn or	63594
landscape grown or maintained by the owner for ornamentation or	63595
other nonagricultural purpose. However, "landscaping and lawn care	63596
service" does not include the providing of such services by a	63597
person who has less than five thousand dollars in sales of such	63598
services during the calendar year.	63599

(EE) "Private investigation and security service" means the	63600
performance of any activity for which the provider of such service	63601
is required to be licensed pursuant to Chapter 4749. of the	63602
Revised Code, or would be required to be so licensed in performing	63603
such services in this state, and also includes the services of	63604
conducting polygraph examinations and of monitoring or overseeing	63605
the activities on or in, or the condition of, the consumer's home,	63606
business, or other facility by means of electronic or similar	63607
monitoring devices. "Private investigation and security service"	63608
does not include special duty services provided by off-duty police	63609
officers, deputy sheriffs, and other peace officers regularly	63610
employed by the state or a political subdivision.	63611

(FF) "Information services" means providing conversation,	63612
giving consultation or advice, playing or making a voice or other	63613
recording, making or keeping a record of the number of callers,	63614
and any other service provided to a consumer by means of a nine	63615
hundred telephone call, except when the nine hundred telephone	63616
call is the means by which the consumer makes a contribution to a	63617
recognized charity.	63618

(GG) "Research and development" means designing, creating, or	63619
formulating new or enhanced products, equipment, or manufacturing	63620
processes, and also means conducting scientific or technological	63621
inquiry and experimentation in the physical sciences with the goal	63622
of increasing scientific knowledge which may reveal the bases for	63623
new or enhanced products, equipment, or manufacturing processes.	63624

(HH) "Qualified research and development equipment" means	63625
capitalized tangible personal property, and leased personal	63626
property that would be capitalized if purchased, used by a person	63627
primarily to perform research and development. Tangible personal	63628
property primarily used in testing, as defined in division (A)(4)	63629
of section 5739.011 of the Revised Code, or used for recording or	63630
storing test results, is not qualified research and development	63631
equipment unless such property is primarily used by the consumer	63632
in testing the product, equipment, or manufacturing process being	63633
created, designed, or formulated by the consumer in the research	63634
and development activity or in recording or storing such test	63635
results.	63636

(II) "Building maintenance and janitorial service" means	63637
cleaning the interior or exterior of a building and any tangible	63638
personal property located therein or thereon, including any	63639
services incidental to such cleaning for which no separate charge	63640
is made. However, "building maintenance and janitorial service"	63641
does not include the providing of such service by a person who has	63642
less than five thousand dollars in sales of such service during	63643
the calendar year.	63644

(JJ) "Employment service" means providing or supplying	63645
personnel, on a temporary or long-term basis, to perform work or	63646
labor under the supervision or control of another, when the	63647
personnel so supplied receive their wages, salary, or other	63648
compensation from the provider of the service. "Employment	63649
service" does not include:	63650

(1) Acting as a contractor or subcontractor, where the	63651
personnel performing the work are not under the direct control of	63652
the purchaser.	63653

(2) Medical and health care services.

63654

(3) Supplying personnel to a purchaser pursuant to a contract	63655
of at least one year between the service provider and the	63656
purchaser that specifies that each employee covered under the	63657
contract is assigned to the purchaser on a permanent basis.	63658

(4) Transactions between members of an affiliated group, as	63659
defined in division (B)(3)(e) of this section.	63660

(KK) "Employment placement service" means locating or finding	63661
employment for a person or finding or locating an employee to fill	63662
an available position.	63663

(LL) "Exterminating service" means eradicating or attempting	63664
to eradicate vermin infestations from a building or structure, or	63665
the area surrounding a building or structure, and includes	63666
activities to inspect, detect, or prevent vermin infestation of a	63667
building or structure.	63668

(MM) "Physical fitness facility service" means all	63669
transactions by which a membership is granted, maintained, or	63670
renewed, including initiation fees, membership dues, renewal fees,	63671
monthly minimum fees, and other similar fees and dues, by a	63672
physical fitness facility such as an athletic club, health spa, or	63673
gymnasium, which entitles the member to use the facility for	63674
physical exercise.	63675

(NN) "Recreation and sports club service" means all	63676
transactions by which a membership is granted, maintained, or	63677
renewed, including initiation fees, membership dues, renewal fees,	63678
monthly minimum fees, and other similar fees and dues, by a	63679
recreation and sports club, which entitles the member to use the	63680
facilities of the organization. "Recreation and sports club" means	63681
an organization that has ownership of, or controls or leases on a	63682
continuing, long-term basis, the facilities used by its members	63683
and includes an aviation club, gun or shooting club, yacht club,	63684
card club, swimming club, tennis club, golf club, country club,	63685
riding club, amateur sports club, or similar organization.	63686

(OO) "Livestock" means farm animals commonly raised for food	63687
or food production, and includes but is not limited to cattle,	63688
sheep, goats, swine, and poultry. "Livestock" does not include	63689
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	63690
animals for use in laboratories or for exhibition, or other	63691
animals not commonly raised for food or food production.	63692

(PP) "Livestock structure" means a building or structure used	63693
exclusively for the housing, raising, feeding, or sheltering of	63694
livestock, and includes feed storage or handling structures and	63695
structures for livestock waste handling.	63696

(QQ) "Horticulture" means the growing, cultivation, and	63697
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	63698
and nursery stock. As used in this division, "nursery stock" has	63699
the same meaning as in section 927.51 of the Revised Code.	63700

(RR) "Horticulture structure" means a building or structure	63701
used exclusively for the commercial growing, raising, or	63702
overwintering of horticultural products, and includes the area	63703
used for stocking, storing, and packing horticultural products	63704
when done in conjunction with the production of those products.	63705

(SS) "Newspaper" means an unbound publication bearing a title	63706
or name that is regularly published, at least as frequently as	63707
biweekly, and distributed from a fixed place of business to the	63708
public in a specific geographic area, and that contains a	63709
substantial amount of news matter of international, national, or	63710
local events of interest to the general public.	63711

(TT) "Professional racing team" means a person that employs	63712
at least twenty full-time employees for the purpose of conducting	63713
a motor vehicle racing business for profit. The person must	63714
conduct the business with the purpose of racing one or more motor	63715
racing vehicles in at least ten competitive professional racing	63716
events each year that comprise all or part of a motor racing	63717
series sanctioned by one or more motor racing sanctioning	63718
organizations. A "motor racing vehicle" means a vehicle for which	63719
the chassis, engine, and parts are designed exclusively for motor	63720
racing, and does not include a stock or production model vehicle	63721
that may be modified for use in racing. For the purposes of this	63722
division:	63723

(1) A "competitive professional racing event" is a motor	63724
vehicle racing event sanctioned by one or more motor racing	63725
sanctioning organizations, at which aggregate cash prizes in	63726
excess of eight hundred thousand dollars are awarded to the	63727
competitors.	63728

(2) "Full-time employee" means an individual who is employed	63729
for consideration for thirty-five or more hours a week, or who	63730
renders any other standard of service generally accepted by custom	63731
or specified by contract as full-time employment.	63732

(UU)(1) ~~"Prepaid authorization number" means a numeric or~~	63733
~~alphanumeric combination that represents a prepaid account that~~	63734
~~can be used by the account holder solely to obtain~~	63735
~~telecommunications service, and includes any renewals or increases~~	63736
~~in the prepaid account.~~	63737

~~(2) "Prepaid telephone calling card" means a tangible item~~	63738
~~that contains a prepaid authorization number that can be used~~	63739
~~solely to obtain telecommunications service, and includes any~~	63740
~~renewals or increases in the prepaid account.~~	63741

~~(VV)~~ "Lease" or "rental" means any transfer ~~for a~~	63742
~~consideration~~ of the possession or control of ~~and right to use,~~	63743
~~but not title to,~~ tangible personal property for a fixed ~~period of~~	63744
~~time greater than thirty days or for an open-ended period of time~~	63745
~~with a minimum fixed period of more than thirty days~~or indefinite	63746
term, for consideration. "Lease" or "rental" includes future	63747
options to purchase or extend, and agreements described in 26	63748
U.S.C. 7701(h)(1) covering motor vehicles and trailers where the	63749
amount of consideration may be increased or decreased by reference	63750
to the amount realized upon the sale or disposition of the	63751
property. "Lease" or "rental" does not include:	63752

(a) A transfer of possession or control of tangible personal	63753
property under a security agreement or a deferred payment plan	63754
that requires the transfer of title upon completion of the	63755
required payments;	63756

(b) A transfer of possession or control of tangible personal	63757
property under an agreement that requires the transfer of title	63758
upon completion of required payments and payment of an option	63759
price that does not exceed the greater of one hundred dollars or	63760
one per cent of the total required payments;	63761

(c) Providing tangible personal property along with an	63762
operator for a fixed or indefinite period of time, if the operator	63763
is necessary for the property to perform as designed. For purposes	63764
of this division, the operator must do more than maintain,	63765
inspect, or set-up the tangible personal property.	63766

(2) "Lease" and "rental," as defined in division (UU) of this	63767
section, shall not apply to leases or rentals that exist before	63768
the effective date of this amendment.	63769

(3) "Lease" and "rental" have the same meaning as in division	63770
(UU)(1) of this section regardless of whether a transaction is	63771
characterized as a lease or rental under generally accepted	63772
accounting principles, the Internal Revenue Code, Title XIII of	63773
the Revised Code, or other federal, state, or local laws.	63774

~~(WW)~~(VV) "Mobile telecommunications service" has the same	63775
meaning as in the "Mobile Telecommunications Sourcing Act," Pub.	63776
L. No. 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as	63777
amended, and includes related fees and ancillary services,	63778
including universal service fees, detailed billing service,	63779
directory assistance, service initiation, voice mail service, and	63780
vertical services, such as caller ID and three-way calling.	63781

~~(XX)~~(WW) "Certified service provider" has the same meaning as	63782
in section 5740.01 of the Revised Code.	63783

(XX) "Satellite television service" means the distribution or	63784
broadcasting of programming or services by satellite directly to	63785
the subscriber's premises without the use of ground receiving or	63786
distribution equipment, except at the subscriber's premises or in	63787
the uplink process to the satellite, and includes all service and	63788
rental charges, premium channels or other special services,	63789
installation and repair service charges, and any other charges	63790
having any connection with the provision of the satellite	63791
television service.	63792

(YY) "Tangible personal property" means personal property	63793
that can be seen, weighed, measured, felt, or touched, or that is	63794
in any other manner perceptible to the senses. For purposes of	63795
this chapter and Chapter 5741. of the Revised Code, "tangible	63796
personal property" includes motor vehicles, electricity, water,	63797
gas, steam, and prewritten computer software.	63798

(ZZ) "Direct mail" means printed material delivered or	63799
distributed by United States mail or other delivery service to a	63800
mass audience or to addressees on a mailing list provided by the	63801
consumer or at the direction of the consumer when the cost of the	63802
items are not billed directly to the recipients. "Direct mail"	63803
includes tangible personal property supplied directly or	63804
indirectly by the consumer to the direct mail vendor for inclusion	63805
in the package containing the printed material. "Direct mail" does	63806
not include multiple items of printed material delivered to a	63807
single address.	63808

(AAA) "Computer" means an electronic device that accepts	63809
information in digital or similar form and manipulates it for a	63810
result based on a sequence of instructions.	63811

(BBB) "Computer software" means a set of coded instructions	63812
designed to cause a computer or automatic data processing	63813
equipment to perform a task.	63814

(CCC) "Delivered electronically" means delivery of computer	63815
software from the seller to the purchaser by means other than	63816
tangible storage media.	63817

(DDD) "Prewritten computer software" means computer software,	63818
including prewritten upgrades, that is not designed and developed	63819
by the author or other creator to the specifications of a specific	63820
purchaser. The combining of two or more prewritten computer	63821
software programs or prewritten portions thereof does not cause	63822
the combination to be other than prewritten computer software.	63823
"Prewritten computer software" includes software designed and	63824
developed by the author or other creator to the specifications of	63825
a specific purchaser when it is sold to a person other than the	63826
purchaser. If a person modifies or enhances computer software of	63827
which the person is not the author or creator, the person shall be	63828
deemed to be the author or creator only of such person's	63829
modifications or enhancements. Prewritten computer software or a	63830
prewritten portion thereof that is modified or enhanced to any	63831
degree, where such modification or enhancement is designed and	63832
developed to the specifications of a specific purchaser, remains	63833
prewritten computer software; provided, however, that where there	63834
is a reasonable, separately stated charge or an invoice or other	63835
statement of the price given to the purchaser for the modification	63836
or enhancement, the modification or enhancement shall not	63837
constitute prewritten computer software.	63838

(EEE)(1) "Food" means substances, whether in liquid,	63839
concentrated, solid, frozen, dried, or dehydrated form, that are	63840
sold for ingestion or chewing by humans and are consumed for their	63841
taste or nutritional value. "Food" does not include alcoholic	63842
beverages, dietary supplements, soft drinks, or tobacco.	63843

(2) As used in division (EEE)(1) of this section:

63844

(a) "Alcoholic beverages" means beverages that are suitable	63845
for human consumption and contain one-half of one per cent or more	63846
of alcohol by volume.	63847

(b) "Dietary supplements" means any product, other than	63848
tobacco, that is intended to supplement the diet and that is	63849
intended for ingestion in tablet, capsule, powder, softgel,	63850
gelcap, or liquid form, or, if not intended for ingestion in such	63851
a form, is not represented as conventional food for use as a sole	63852
item of a meal or of the diet; that is required to be labeled as a	63853
dietary supplement, identifiable by the "supplement facts" box	63854
found on the label, as required by 21 C.F.R. 101.36; and that	63855
contains one or more of the following dietary ingredients:	63856

(i) A vitamin;

63857

(ii) A mineral;

63858

(iii) An herb or other botanical;

63859

(iv) An amino acid;

63860

(v) A dietary substance for use by humans to supplement the	63861
diet by increasing the total dietary intake;	63862

(vi) A concentrate, metabolite, constituent, extract, or	63863
combination of any ingredient described in divisions	63864
(EEE)(2)(b)(i) to (v) of this section.	63865

(c) "Soft drinks" means nonalcoholic beverages that contain	63866
natural or artificial sweeteners. "Soft drinks" does not include	63867
beverages that contain milk or milk products, soy, rice, or	63868
similar milk substitutes, or that contains greater than fifty per	63869
cent vegetable or fruit juice by volume.	63870

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	63871
tobacco, or any other item that contains tobacco.	63872

(FFF) "Drug" means a compound, substance, or preparation, and	63873
any component of a compound, substance, or preparation, other than	63874
food, dietary supplements, or alcoholic beverages that is	63875
recognized in the official United States pharmacopoeia, official	63876
homeopathic pharmacopoeia of the United States, or official	63877
national formulary, and supplements to them; is intended for use	63878
in the diagnosis, cure, mitigation, treatment, or prevention of	63879
disease; or is intended to affect the structure or any function of	63880
the body.	63881

(GGG) "Prescription" means an order, formula, or recipe	63882
issued in any form of oral, written, electronic, or other means of	63883
transmission by a duly licensed practitioner authorized by the	63884
laws of this state to issue a prescription.	63885

(HHH) "Durable medical equipment" means equipment, including	63886
repair and replacement parts for such equipment, that can	63887
withstand repeated use, is primarily and customarily used to serve	63888
a medical purpose, generally is not useful to a person in the	63889
absence of illness or injury, and is not worn in or on the body.	63890

(III) "Mobility enhancing equipment" means equipment,	63891
including repair and replacement parts for such equipment, that is	63892
primarily and customarily used to provide or increase the ability	63893
to move from one place to another and is appropriate for use	63894
either in a home or a motor vehicle, that is not generally used by	63895
persons with normal mobility, and that does not include any motor	63896
vehicle or equipment on a motor vehicle normally provided by a	63897
motor vehicle manufacturer.	63898

(JJJ) "Prosthetic device" means a replacement, corrective, or	63899
supportive device, including repair and replacement parts for the	63900
device, worn on or in the human body to artificially replace a	63901
missing portion of the body, prevent or correct physical deformity	63902
or malfunction, or support a weak or deformed portion of the body.	63903
As used in this division, "prosthetic device" does not include	63904
corrective eyeglasses, contact lenses, or dental prosthesis.	63905

(KKK)(1) "Fractional aircraft ownership program" means a	63906
program in which persons within an affiliated group sell and	63907
manage fractional ownership program aircraft, provided that at	63908
least three hundred airworthy aircraft are operated in the program	63909
and the program meets all of the following criteria:	63910

(a) Management services are provided by at least one program	63911
manager within an affiliated group on behalf of the fractional	63912
owners.	63913

(b) Each program aircraft is owned or possessed by at least	63914
one fractional owner.	63915

(c) Each fractional owner owns or possesses at least a	63916
one-sixteenth interest in at least one fixed-wing program	63917
aircraft.	63918

(d) A dry-lease aircraft interchange arrangement is in effect	63919
among all of the fractional owners.	63920

(e) Multi-year program agreements are in effect regarding the	63921
fractional ownership, management services, and dry-lease aircraft	63922
interchange arrangement aspects of the program.	63923

(2) As used in division (KKK)(1) of this section:

63924

(a) "Affiliated group" has the same meaning as in division	63925
(B)(3)(e) of this section.	63926

(b) "Fractional owner" means a person that owns or possesses	63927
at least a one-sixteenth interest in a program aircraft and has	63928
entered into the agreements described in division (KKK)(1)(e) of	63929
this section.	63930

(c) "Fractional ownership program aircraft" or "program	63931
aircraft" means a turbojet aircraft that is owned or possessed by	63932
a fractional owner and that has been included in a dry-lease	63933
aircraft interchange arrangement and agreement under divisions	63934
(KKK)(1)(d) and (e) of this section, or an aircraft a program	63935
manager owns or possesses primarily for use in a fractional	63936
aircraft ownership program.	63937

(d) "Management services" means administrative and aviation	63938
support services furnished under a fractional aircraft ownership	63939
program in accordance with a management services agreement under	63940
division (KKK)(1)(e) of this section, and offered by the program	63941
manager to the fractional owners, including, at a minimum, the	63942
establishment and implementation of safety guidelines; the	63943
coordination of the scheduling of the program aircraft and crews;	63944
program aircraft maintenance; program aircraft insurance; crew	63945
training for crews employed, furnished, or contracted by the	63946
program manager or the fractional owner; the satisfaction of	63947
record-keeping requirements; and the development and use of an	63948
operations manual and a maintenance manual for the fractional	63949
aircraft ownership program.	63950

(e) "Program manager" means the person that offers management	63951
services to fractional owners pursuant to a management services	63952
agreement under division (KKK)(1)(e) of this section.	63953

Sec. 5739.011. (A) As used in this section:

63954

(1) "Manufacturer" means a person who is engaged in	63955
manufacturing, processing, assembling, or refining a product for	63956
sale.	63957

(2) "Manufacturing facility" means a single location where a	63958
manufacturing operation is conducted, including locations	63959
consisting of one or more buildings or structures in a contiguous	63960
area owned or controlled by the manufacturer.	63961

(3) "Materials handling" means the movement of the product	63962
being or to be manufactured, during which movement the product is	63963
not undergoing any substantial change or alteration in its state	63964
or form.	63965

(4) "Testing" means a process or procedure to identify the	63966
properties or assure the quality of a material or product.	63967

(5) "Completed product" means a manufactured item that is in	63968
the form and condition as it will be sold by the manufacturer. An	63969
item is completed when all processes that change or alter its	63970
state or form or enhance its value are finished, even though the	63971
item subsequently will be tested to ensure its quality or be	63972
packaged for storage or shipment.	63973

(6) "Continuous manufacturing operation" means the process in	63974
which raw materials or components are moved through the steps	63975
whereby manufacturing occurs. Materials handling of raw materials	63976
or parts from the point of receipt or preproduction storage or of	63977
a completed product, to or from storage, to or from packaging, or	63978
to the place from which the completed product will be shipped, is	63979
not a part of a continuous manufacturing operation.	63980

(B) For purposes of division ~~(E)(9)~~(B)(43)(g) of section	63981
~~5739.01~~5739.02 of the Revised Code, the "thing transferred"	63982
includes, but is not limited to, any of the following:	63983

(1) Production machinery and equipment that act upon the	63984
product or machinery and equipment that treat the materials or	63985
parts in preparation for the manufacturing operation;	63986

(2) Materials handling equipment that moves the product	63987
through a continuous manufacturing operation; equipment that	63988
temporarily stores the product during the manufacturing operation;	63989
or, excluding motor vehicles licensed to operate on public	63990
highways, equipment used in intraplant or interplant transfers of	63991
work in process where the plant or plants between which such	63992
transfers occur are manufacturing facilities operated by the same	63993
person;	63994

(3) Catalysts, solvents, water, acids, oil, and similar	63995
consumables that interact with the product and that are an	63996
integral part of the manufacturing operation;	63997

(4) Machinery, equipment, and other tangible personal	63998
property used during the manufacturing operation that control,	63999
physically support, produce power for, lubricate, or are otherwise	64000
necessary for the functioning of production machinery and	64001
equipment and the continuation of the manufacturing operation;	64002

(5) Machinery, equipment, fuel, power, material, parts, and	64003
other tangible personal property used to manufacture machinery,	64004
equipment, or other tangible personal property used in	64005
manufacturing a product for sale;	64006

(6) Machinery, equipment, and other tangible personal	64007
property used by a manufacturer to test raw materials, the product	64008
being manufactured, or the completed product;	64009

(7) Machinery and equipment used to handle or temporarily	64010
store scrap that is intended to be reused in the manufacturing	64011
operation at the same manufacturing facility;	64012

(8) Coke, gas, water, steam, and similar substances used in	64013
the manufacturing operation; machinery and equipment used for, and	64014
fuel consumed in, producing or extracting those substances;	64015
machinery, equipment, and other tangible personal property used to	64016
treat, filter, pump, or otherwise make the substance suitable for	64017
use in the manufacturing operation; and machinery and equipment	64018
used for, and fuel consumed in, producing electricity for use in	64019
the manufacturing operation;	64020

(9) Machinery, equipment, and other tangible personal	64021
property used to transport or transmit electricity, coke, gas,	64022
water, steam, or similar substances used in the manufacturing	64023
operation from the point of generation, if produced by the	64024
manufacturer, or from the point where the substance enters the	64025
manufacturing facility, if purchased by the manufacturer, to the	64026
manufacturing operation;	64027

(10) Machinery, equipment, and other tangible personal	64028
property that treats, filters, cools, refines, or otherwise	64029
renders water, steam, acid, oil, solvents, or similar substances	64030
used in the manufacturing operation reusable, provided that the	64031
substances are intended for reuse and not for disposal, sale, or	64032
transportation from the manufacturing facility;	64033

(11) Parts, components, and repair and installation services	64034
for items described in division (B) of this section.	64035

(C) For purposes of division ~~(E)(9)~~(B)(43)(g) of section	64036
~~5739.01~~5739.02 of the Revised Code, the "thing transferred" does	64037
not include any of the following:	64038

(1) Tangible personal property used in administrative,	64039
personnel, security, inventory control, record-keeping, ordering,	64040
billing, or similar functions;	64041

(2) Tangible personal property used in storing raw materials	64042
or parts prior to the commencement of the manufacturing operation	64043
or used to handle or store a completed product, including storage	64044
that actively maintains a completed product in a marketable state	64045
or form;	64046

(3) Tangible personal property used to handle or store scrap	64047
or waste intended for disposal, sale, or other disposition, other	64048
than reuse in the manufacturing operation at the same	64049
manufacturing facility;	64050

(4) Tangible personal property that is or is to be	64051
incorporated into realty;	64052

(5) Machinery, equipment, and other tangible personal	64053
property used for ventilation, dust or gas collection, humidity or	64054
temperature regulation, or similar environmental control, except	64055
machinery, equipment, and other tangible personal property that	64056
totally regulates the environment in a special and limited area of	64057
the manufacturing facility where the regulation is essential for	64058
production to occur;	64059

(6) Tangible personal property used for the protection and	64060
safety of workers, unless the property is attached to or	64061
incorporated into machinery and equipment used in a continuous	64062
manufacturing operation;	64063

(7) Tangible personal property used to store fuel, water,	64064
solvents, acid, oil, or similar items consumed in the	64065
manufacturing operation;	64066

(8) Machinery, equipment, and other tangible personal	64067
property used to clean, repair, or maintain real or personal	64068
property in the manufacturing facility;	64069

(9) Motor vehicles registered for operation on public	64070
highways.	64071

(D) For purposes of division ~~(E)(9)~~(B)(43)(g) of section	64072
~~5739.01~~5739.02 of the Revised Code, if the "thing transferred" is	64073
a machine used by a manufacturer in both a taxable and an exempt	64074
manner, it shall be totally taxable or totally exempt from	64075
taxation based upon its quantified primary use. If the "things	64076
transferred" are fungibles, they shall be taxed based upon the	64077
proportion of the fungibles used in a taxable manner.	64078

Sec. 5739.012. (A) As used in this section:

64079

(1) "Sham transaction" means a transaction or series of	64080
transactions without economic substance because there is no	64081
business purpose or expectation of profit other than obtaining tax	64082
benefits.	64083

(2) "Tax" includes only those taxes levied by or pursuant to	64084
Chapter 5739. of the Revised Code that are required to be	64085
calculated and collected as prescribed by division ~~(H)(4)~~(A)(2) of	64086
section ~~5739.01~~5739.02 of the Revised Code.	64087

(3) "Taxpayer" includes any person required to pay or to	64088
collect and remit tax.	64089

(B)(1) The tax commissioner may disregard any sham	64090
transaction and ascertain a taxpayer's liability for tax without	64091
the sham transaction.	64092

(2) A lease with a renewal clause and a termination penalty	64093
or similar provision that applies if the renewal clause is not	64094
exercised is presumed to be a sham transaction. In such a case,	64095
the tax shall be calculated and paid on the basis of the entire	64096
length of the lease period, including any renewal periods, until	64097
the termination penalty or similar provision no longer applies.	64098
The taxpayer shall bear the burden of establishing, by a	64099
preponderance of the evidence, that the transaction or series of	64100
transactions is not a sham transaction.	64101

(C) The tax commissioner may prescribe rules to administer	64102
this section.	64103

Sec. 5739.02. For the purpose of providing revenue with	64104
which to meet the needs of the state, for the use of the general	64105
revenue fund of the state, for the purpose of securing a thorough	64106
and efficient system of common schools throughout the state, for	64107
the purpose of affording revenues, in addition to those from	64108
general property taxes, permitted under constitutional	64109
limitations, and from other sources, for the support of local	64110
governmental functions, and for the purpose of reimbursing the	64111
state for the expense of administering this chapter, an excise tax	64112
is hereby levied on each retail sale made in this state.	64113

(A)(1) The tax shall be collected ~~pursuant to the schedules~~	64114
as provided in section 5739.025 of the Revised Code, provided that	64115
on and after July 1, 2003, and on or before June 30, 2005, the	64116
rate of tax shall be six per cent. On and after July 1, 2005, the	64117
rate of the tax shall be five per cent. The	64118

~~The~~ tax applies and is collectible when the sale is made,	64119
regardless of the time when the price is paid or delivered.	64120

In(2) In the case of the lease or rental, with a fixed term	64121
of more than thirty days or an indefinite term with a minimum	64122
period of more than thirty days, of any motor vehicles designed by	64123
the manufacturer to carry a load of not more than one ton,	64124
watercraft, outboard motor, or aircraft, or of any tangible	64125
personal property, other than motor vehicles designed by the	64126
manufacturer to carry a load of more than one ton, to be used by	64127
the lessee or renter primarily for business purposes, the tax	64128
shall be collected by the vendor at the time the lease or rental	64129
is consummated and shall be calculated by the vendor on the basis	64130
of the total amount to be paid by the lessee or renter under the	64131
lease agreement. If the total amount of the consideration for the	64132
lease or rental includes amounts that are not calculated at the	64133
time the lease or rental is executed, the tax shall be calculated	64134
and collected by the vendor at the time such amounts are billed to	64135
the lessee or renter. In the case of an open-end lease or rental,	64136
the tax shall be calculated by the vendor on the basis of the	64137
total amount to be paid during the initial fixed term of the lease	64138
or rental, and for each subsequent renewal period as it comes due.	64139
As used in this division, "motor vehicle" has the same meaning as	64140
in section 4501.01 of the Revised Code, and "watercraft" includes	64141
an outdrive unit attached to the watercraft.	64142

(3) Except as provided in division (A)(2) of this section, in	64143
the case of a sale, the price of which consists in whole or in	64144
part of ~~rentals for the use of the thing transferred~~the lease or	64145
rental of tangible personal property, the tax~~, as regards those~~	64146
~~rentals,~~ shall be measured by the installments of ~~those rentals~~	64147
that lease or rental.	64148

(4) In the case of a sale of a physical fitness facility	64149
service or recreation and sports club service ~~defined under~~	64150
~~division (MM) or (NN) of section 5739.01 of the Revised Code~~, the	64151
price of which consists in whole or in part of a membership for	64152
the receipt of the benefit of the service, the tax applicable to	64153
the sale shall be measured by the installments thereof.	64154

(B) The tax does not apply to the following:

64155

(1) Sales to the state or any of its political subdivisions,	64156
or to any other state or its political subdivisions if the laws of	64157
that state exempt from taxation sales made to this state and its	64158
political subdivisions;	64159

(2) Sales of food for human consumption off the premises	64160
where sold;	64161

(3) Sales of food sold to students only in a cafeteria,	64162
dormitory, fraternity, or sorority maintained in a private,	64163
public, or parochial school, college, or university;	64164

(4) Sales of newspapers and of magazine subscriptions and	64165
sales or transfers of magazines distributed as controlled	64166
circulation publications;	64167

(5) The furnishing, preparing, or serving of meals without	64168
charge by an employer to an employee provided the employer records	64169
the meals as part compensation for services performed or work	64170
done;	64171

(6) Sales of motor fuel upon receipt, use, distribution, or	64172
sale of which in this state a tax is imposed by the law of this	64173
state, but this exemption shall not apply to the sale of motor	64174
fuel on which a refund of the tax is allowable under division (A)	64175
of section 5735.14 of the Revised Code; and the tax commissioner	64176
may deduct the amount of tax levied by this section applicable to	64177
the price of motor fuel when granting a refund of motor fuel tax	64178
pursuant to division (A) of section 5735.14 of the Revised Code	64179
and shall cause the amount deducted to be paid into the general	64180
revenue fund of this state;	64181

(7) Sales of natural gas by a natural gas company, of water	64182
by a water-works company, or of steam by a heating company, if in	64183
each case the thing sold is delivered to consumers through pipes	64184
or conduits, and all sales of communications services by a	64185
~~telephone or~~ telegraph company, all terms as defined in section	64186
5727.01 of the Revised Code;	64187

(8) Casual sales by a person, or auctioneer employed directly	64188
by the person to conduct such sales, except as to such sales of	64189
motor vehicles, watercraft or outboard motors required to be	64190
titled under section 1548.06 of the Revised Code, watercraft	64191
documented with the United States coast guard, snowmobiles, and	64192
all-purpose vehicles as defined in section 4519.01 of the Revised	64193
Code;	64194

(9) Sales of services or tangible personal property, other	64195
than motor vehicles, mobile homes, and manufactured homes, by	64196
churches, organizations exempt from taxation under section	64197
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	64198
organizations operated exclusively for charitable purposes as	64199
defined in division (B)(12) of this section, provided that the	64200
number of days on which such tangible personal property or	64201
services, other than items never subject to the tax, are sold does	64202
not exceed six in any calendar year. If the number of days on	64203
which such sales are made exceeds six in any calendar year, the	64204
church or organization shall be considered to be engaged in	64205
business and all subsequent sales by it shall be subject to the	64206
tax. In counting the number of days, all sales by groups within a	64207
church or within an organization shall be considered to be sales	64208
of that church or organization, except that sales made by separate	64209
student clubs and other groups of students of a primary or	64210
secondary school, and sales made by a parent-teacher association,	64211
booster group, or similar organization that raises money to	64212
support or fund curricular or extracurricular activities of a	64213
primary or secondary school, shall not be considered to be sales	64214
of such school, and sales by each such club, group, association,	64215
or organization shall be counted separately for purposes of the	64216
six-day limitation. This division does not apply to sales by a	64217
noncommercial educational radio or television broadcasting	64218
station.	64219

(10) Sales not within the taxing power of this state under	64220
the Constitution of the United States;	64221

(11) ~~The~~Except for transactions that are sales under	64222
division (B)(3)(s) of section 5739.01 of the Revised Code, the	64223
transportation of persons or property, unless the transportation	64224
is by a private investigation and security service;	64225

(12) Sales of tangible personal property or services to	64226
churches, to organizations exempt from taxation under section	64227
501(c)(3) of the Internal Revenue Code of 1986, and to any other	64228
nonprofit organizations operated exclusively for charitable	64229
purposes in this state, no part of the net income of which inures	64230
to the benefit of any private shareholder or individual, and no	64231
substantial part of the activities of which consists of carrying	64232
on propaganda or otherwise attempting to influence legislation;	64233
sales to offices administering one or more homes for the aged or	64234
one or more hospital facilities exempt under section 140.08 of the	64235
Revised Code; and sales to organizations described in division (D)	64236
of section 5709.12 of the Revised Code.	64237

"Charitable purposes" means the relief of poverty; the	64238
improvement of health through the alleviation of illness, disease,	64239
or injury; the operation of an organization exclusively for the	64240
provision of professional, laundry, printing, and purchasing	64241
services to hospitals or charitable institutions; the operation of	64242
a home for the aged, as defined in section 5701.13 of the Revised	64243
Code; the operation of a radio or television broadcasting station	64244
that is licensed by the federal communications commission as a	64245
noncommercial educational radio or television station; the	64246
operation of a nonprofit animal adoption service or a county	64247
humane society; the promotion of education by an institution of	64248
learning that maintains a faculty of qualified instructors,	64249
teaches regular continuous courses of study, and confers a	64250
recognized diploma upon completion of a specific curriculum; the	64251
operation of a parent-teacher association, booster group, or	64252
similar organization primarily engaged in the promotion and	64253
support of the curricular or extracurricular activities of a	64254
primary or secondary school; the operation of a community or area	64255
center in which presentations in music, dramatics, the arts, and	64256
related fields are made in order to foster public interest and	64257
education therein; the production of performances in music,	64258
dramatics, and the arts; or the promotion of education by an	64259
organization engaged in carrying on research in, or the	64260
dissemination of, scientific and technological knowledge and	64261
information primarily for the public.	64262

Nothing in this division shall be deemed to exempt sales to	64263
any organization for use in the operation or carrying on of a	64264
trade or business, or sales to a home for the aged for use in the	64265
operation of independent living facilities as defined in division	64266
(A) of section 5709.12 of the Revised Code.	64267

(13) Building and construction materials and services sold to	64268
construction contractors for incorporation into a structure or	64269
improvement to real property under a construction contract with	64270
this state or a political subdivision of this state, or with the	64271
United States government or any of its agencies; building and	64272
construction materials and services sold to construction	64273
contractors for incorporation into a structure or improvement to	64274
real property that are accepted for ownership by this state or any	64275
of its political subdivisions, or by the United States government	64276
or any of its agencies at the time of completion of the structures	64277
or improvements; building and construction materials sold to	64278
construction contractors for incorporation into a horticulture	64279
structure or livestock structure for a person engaged in the	64280
business of horticulture or producing livestock; building	64281
materials and services sold to a construction contractor for	64282
incorporation into a house of public worship or religious	64283
education, or a building used exclusively for charitable purposes	64284
under a construction contract with an organization whose purpose	64285
is as described in division (B)(12) of this section; building	64286
materials and services sold to a construction contractor for	64287
incorporation into a building under a construction contract with	64288
an organization exempt from taxation under section 501(c)(3) of	64289
the Internal Revenue Code of 1986 when the building is to be used	64290
exclusively for the organization's exempt purposes; building and	64291
construction materials sold for incorporation into the original	64292
construction of a sports facility under section 307.696 of the	64293
Revised Code; and building and construction materials and services	64294
sold to a construction contractor for incorporation into real	64295
property outside this state if such materials and services, when	64296
sold to a construction contractor in the state in which the real	64297
property is located for incorporation into real property in that	64298
state, would be exempt from a tax on sales levied by that state;	64299

(14) Sales of ships or vessels or rail rolling stock used or	64300
to be used principally in interstate or foreign commerce, and	64301
repairs, alterations, fuel, and lubricants for such ships or	64302
vessels or rail rolling stock;	64303

(15) Sales to persons engaged in any of the activities	64304
mentioned in division ~~(E)(2)~~(B)(43)(a) or ~~(9)~~(g) of this section	64305
~~5739.01 of the Revised Code~~, to persons engaged in making retail	64306
sales, or to persons who purchase for sale from a manufacturer	64307
tangible personal property that was produced by the manufacturer	64308
in accordance with specific designs provided by the purchaser, of	64309
packages, including material, labels, and parts for packages, and	64310
of machinery, equipment, and material for use primarily in	64311
packaging tangible personal property produced for sale, including	64312
any machinery, equipment, and supplies used to make labels or	64313
packages, to prepare packages or products for labeling, or to	64314
label packages or products, by or on the order of the person doing	64315
the packaging, or sold at retail. "Packages" includes bags,	64316
baskets, cartons, crates, boxes, cans, bottles, bindings,	64317
wrappings, and other similar devices and containers, and	64318
"packaging" means placing therein.	64319

(16) Sales of food to persons using food stamp benefits to	64320
purchase the food. As used in this division ~~(B)(16) of this~~	64321
~~section~~, "food" has the same meaning as in the "Food Stamp Act of	64322
1977," 91 Stat. 958, 7 U.S.C. 2012, as amended, and federal	64323
regulations adopted pursuant to that act.	64324

(17) Sales to persons engaged in farming, agriculture,	64325
horticulture, or floriculture, of tangible personal property for	64326
use or consumption directly in the production by farming,	64327
agriculture, horticulture, or floriculture of other tangible	64328
personal property for use or consumption directly in the	64329
production of tangible personal property for sale by farming,	64330
agriculture, horticulture, or floriculture; or material and parts	64331
for incorporation into any such tangible personal property for use	64332
or consumption in production; and of tangible personal property	64333
for such use or consumption in the conditioning or holding of	64334
products produced by and for such use, consumption, or sale by	64335
persons engaged in farming, agriculture, horticulture, or	64336
floriculture, except where such property is incorporated into real	64337
property;	64338

(18) Sales of drugs for a human being, dispensed ~~by a~~	64339
~~licensed pharmacist upon the order of a licensed health~~	64340
~~professional authorized to prescribe drugs to a human being, as~~	64341
~~the term "licensed health professional authorized to prescribe~~	64342
~~drugs" is defined in section 4729.01 of the Revised Code~~pursuant	64343
to a prescription; insulin as recognized in the official United	64344
States pharmacopoeia; urine and blood testing materials when used	64345
by diabetics or persons with hypoglycemia to test for glucose or	64346
acetone; hypodermic syringes and needles when used by diabetics	64347
for insulin injections; ~~epoetin alfa when purchased for use in the~~	64348
~~treatment of persons with end-stage renal disease;~~ hospital beds	64349
when purchased for use by persons with medical problems for	64350
medical purposes; and medical oxygen and medical oxygen-dispensing	64351
equipment when purchased for use by persons with medical problems	64352
for medical purposes;	64353

(19)~~(a)~~ Sales of ~~artificial limbs or portion thereof, breast~~	64354
~~prostheses, and other~~ prosthetic devices ~~for humans; braces or~~	64355
~~other devices for supporting weakened or nonfunctioning parts of~~	64356
~~the human body; crutches or other devices to aid human~~	64357
~~perambulation; and items of tangible personal property used to~~	64358
~~supplement impaired functions of the human body such as~~	64359
~~respiration, hearing, or elimination;~~	64360

~~(b) Sales of wheelchairs; items incorporated into or used in~~	64361
~~conjunction with a motor vehicle for the purpose of transporting~~	64362
~~wheelchairs, other than transportation conducted in connection~~	64363
~~with the sale or delivery of wheelchairs; and items incorporated~~	64364
~~into or used in conjunction with a motor vehicle that are~~	64365
~~specifically designed to assist a person with a disability to~~	64366
~~access or operate the motor vehicle. As used in this division,~~	64367
~~"person with a disability" means any person who has lost the use~~	64368
~~of one or both legs or one or both arms, who is blind, deaf, or~~	64369
~~disabled to the extent that the person is unable to move about~~	64370
~~without the aid of crutches or a wheelchair, or whose mobility is~~	64371
~~restricted by a permanent cardiovascular, pulmonary, or other~~	64372
~~disabling condition.~~	64373

~~(c) No exemption under this division shall be allowed for~~	64374
~~nonprescription drugs, medicines, or remedies; items or devices~~	64375
~~used to supplement vision; items or devices whose function is~~	64376
~~solely or primarily cosmetic; or physical fitness equipment. This~~	64377
~~division does not apply to sales to a physician or medical~~	64378
~~facility for use in the treatment of a patient~~, durable medical	64379
equipment for home use, or mobility enhancing equipment, when made	64380
pursuant to a prescription and when such devices or equipment are	64381
for use by a human being.	64382

(20) Sales of emergency and fire protection vehicles and	64383
equipment to nonprofit organizations for use solely in providing	64384
fire protection and emergency services, including trauma care and	64385
emergency medical services, for political subdivisions of the	64386
state;	64387

(21) Sales of tangible personal property manufactured in this	64388
state, if sold by the manufacturer in this state to a retailer for	64389
use in the retail business of the retailer outside of this state	64390
and if possession is taken from the manufacturer by the purchaser	64391
within this state for the sole purpose of immediately removing the	64392
same from this state in a vehicle owned by the purchaser;	64393

(22) Sales of services provided by the state or any of its	64394
political subdivisions, agencies, instrumentalities, institutions,	64395
or authorities, or by governmental entities of the state or any of	64396
its political subdivisions, agencies, instrumentalities,	64397
institutions, or authorities;	64398

(23) Sales of motor vehicles to nonresidents of this state	64399
upon the presentation of an affidavit executed in this state by	64400
the nonresident purchaser affirming that the purchaser is a	64401
nonresident of this state, that possession of the motor vehicle is	64402
taken in this state for the sole purpose of immediately removing	64403
it from this state, that the motor vehicle will be permanently	64404
titled and registered in another state, and that the motor vehicle	64405
will not be used in this state;	64406

(24) Sales to persons engaged in the preparation of eggs for	64407
sale of tangible personal property used or consumed directly in	64408
such preparation, including such tangible personal property used	64409
for cleaning, sanitizing, preserving, grading, sorting, and	64410
classifying by size; packages, including material and parts for	64411
packages, and machinery, equipment, and material for use in	64412
packaging eggs for sale; and handling and transportation equipment	64413
and parts therefor, except motor vehicles licensed to operate on	64414
public highways, used in intraplant or interplant transfers or	64415
shipment of eggs in the process of preparation for sale, when the	64416
plant or plants within or between which such transfers or	64417
shipments occur are operated by the same person. "Packages"	64418
includes containers, cases, baskets, flats, fillers, filler flats,	64419
cartons, closure materials, labels, and labeling materials, and	64420
"packaging" means placing therein.	64421

(25)(a) Sales of water to a consumer for residential use,	64422
except the sale of bottled water, distilled water, mineral water,	64423
carbonated water, or ice;	64424

(b) Sales of water by a nonprofit corporation engaged	64425
exclusively in the treatment, distribution, and sale of water to	64426
consumers, if such water is delivered to consumers through pipes	64427
or tubing.	64428

(26) Fees charged for inspection or reinspection of motor	64429
vehicles under section 3704.14 of the Revised Code;	64430

(27) Sales to persons licensed to conduct a food service	64431
operation pursuant to section 3717.43 of the Revised Code, of	64432
tangible personal property primarily used directly for the	64433
following:	64434

(a) To prepare food for human consumption for sale;

64435

(b) To preserve food that has been or will be prepared for	64436
human consumption for sale by the food service operator, not	64437
including tangible personal property used to display food for	64438
selection by the consumer;	64439

(c) To clean tangible personal property used to prepare or	64440
serve food for human consumption for sale.	64441

(28) Sales of animals by nonprofit animal adoption services	64442
or county humane societies;	64443

(29) Sales of services to a corporation described in division	64444
(A) of section 5709.72 of the Revised Code, and sales of tangible	64445
personal property that qualifies for exemption from taxation under	64446
section 5709.72 of the Revised Code;	64447

(30) Sales and installation of agricultural land tile, as	64448
defined in division (B)(5)(a) of section 5739.01 of the Revised	64449
Code;	64450

(31) Sales and erection or installation of portable grain	64451
bins, as defined in division (B)(5)(b) of section 5739.01 of the	64452
Revised Code;	64453

(32) The sale, lease, repair, and maintenance of, parts for,	64454
or items attached to or incorporated in, motor vehicles that are	64455
primarily used for transporting tangible personal property by a	64456
person engaged in highway transportation for hire;	64457

(33) Sales to the state headquarters of any veterans'	64458
organization in this state that is either incorporated and issued	64459
a charter by the congress of the United States or is recognized by	64460
the United States veterans administration, for use by the	64461
headquarters;	64462

(34) Sales to a telecommunications service vendor, mobile	64463
telecommunications service vendor, or satellite television service	64464
vendor of tangible personal property and services used directly	64465
and primarily in transmitting, receiving, switching, or recording	64466
any interactive, one- or two-way electromagnetic communications,	64467
including voice, image, data, and information, through the use of	64468
any medium, including, but not limited to, poles, wires, cables,	64469
switching equipment, computers, and record storage devices and	64470
media, and component parts for the tangible personal property. The	64471
exemption provided in this division ~~(B)(34) of this section~~ shall	64472
be in lieu of all other ~~exceptions~~exemptions under division	64473
~~(E)(2)~~(B)(43)(a) of this section ~~5739.01 of the Revised Code~~ to	64474
which ~~a telecommunications service~~the vendor may otherwise be	64475
entitled, based upon the use of the thing purchased in providing	64476
the telecommunications, mobile telecommunications, or satellite	64477
television service.	64478

(35) Sales of investment metal bullion and investment coins.	64479
"Investment metal bullion" means any elementary precious metal	64480
that has been put through a process of smelting or refining,	64481
including, but not limited to, gold, silver, platinum, and	64482
palladium, and which is in such state or condition that its value	64483
depends upon its content and not upon its form. "Investment metal	64484
bullion" does not include fabricated precious metal that has been	64485
processed or manufactured for one or more specific and customary	64486
industrial, professional, or artistic uses. "Investment coins"	64487
means numismatic coins or other forms of money and legal tender	64488
manufactured of gold, silver, platinum, palladium, or other metal	64489
under the laws of the United States or any foreign nation with a	64490
fair market value greater than any statutory or nominal value of	64491
such coins.	64492

(36)(a) Sales where the purpose of the consumer is to use or	64493
consume the things transferred in making retail sales and	64494
consisting of newspaper inserts, catalogues, coupons, flyers, gift	64495
certificates, or other advertising material that prices and	64496
describes tangible personal property offered for retail sale.	64497

(b) Sales to direct marketing vendors of preliminary	64498
materials such as photographs, artwork, and typesetting that will	64499
be used in printing advertising material; of printed matter that	64500
offers free merchandise or chances to win sweepstake prizes and	64501
that is mailed to potential customers with advertising material	64502
described in division (B)(36)(a) of this section; and of equipment	64503
such as telephones, computers, facsimile machines, and similar	64504
tangible personal property primarily used to accept orders for	64505
direct marketing retail sales.	64506

(c) Sales of automatic food vending machines that preserve	64507
food with a shelf life of forty-five days or less by refrigeration	64508
and dispense it to the consumer.	64509

For purposes of division (B)(36) of this section, "direct	64510
marketing" means the method of selling where consumers order	64511
tangible personal property by United States mail, delivery	64512
service, or telecommunication and the vendor delivers or ships the	64513
tangible personal property sold to the consumer from a warehouse,	64514
catalogue distribution center, or similar fulfillment facility by	64515
means of the United States mail, delivery service, or common	64516
carrier.	64517

(37) Sales to a person engaged in the business of	64518
horticulture or producing livestock of materials to be	64519
incorporated into a horticulture structure or livestock structure;	64520

(38) ~~The sale of a motor vehicle that is used exclusively for~~	64521
~~a vanpool ridesharing arrangement to persons participating in the~~	64522
~~vanpool ridesharing arrangement when the vendor is selling the~~	64523
~~vehicle pursuant to a contract between the vendor and the~~	64524
~~department of transportation;~~	64525

~~(39)~~ Sales of personal computers, computer monitors, computer	64526
keyboards, modems, and other peripheral computer equipment to an	64527
individual who is licensed or certified to teach in an elementary	64528
or a secondary school in this state for use by that individual in	64529
preparation for teaching elementary or secondary school students;	64530

~~(40)~~(39) Sales to a professional racing team of any of the	64531
following:	64532

(a) Motor racing vehicles;

64533

(b) Repair services for motor racing vehicles;

64534

(c) Items of property that are attached to or incorporated in	64535
motor racing vehicles, including engines, chassis, and all other	64536
components of the vehicles, and all spare, replacement, and	64537
rebuilt parts or components of the vehicles; except not including	64538
tires, consumable fluids, paint, and accessories consisting of	64539
instrumentation sensors and related items added to the vehicle to	64540
collect and transmit data by means of telemetry and other forms of	64541
communication.	64542

~~(41)~~(40) Sales of used manufactured homes and used mobile	64543
homes, as defined in section 5739.0210 of the Revised Code, made	64544
on or after January 1, 2000;	64545

~~(42)~~(41) Sales of tangible personal property and services to	64546
a provider of electricity used or consumed directly and primarily	64547
in generating, transmitting, or distributing electricity for use	64548
by others, including property that is or is to be incorporated	64549
into and will become a part of the consumer's production,	64550
transmission, or distribution system and that retains its	64551
classification as tangible personal property after incorporation;	64552
fuel or power used in the production, transmission, or	64553
distribution of electricity; and tangible personal property and	64554
services used in the repair and maintenance of the production,	64555
transmission, or distribution system, including only those motor	64556
vehicles as are specially designed and equipped for such use. The	64557
exemption provided in this division shall be in lieu of all other	64558
~~exceptions~~exemptions in division ~~(E)(2)~~(B)(43)(a) of this section	64559
~~5739.01 of the Revised Code~~ to which a provider of electricity may	64560
otherwise be entitled based on the use of the tangible personal	64561
property or service purchased in generating, transmitting, or	64562
distributing electricity.	64563

(42) Sales to a person providing services under division	64564
(B)(3)(s) of section 5739.01 of the Revised Code of tangible	64565
personal property and services used directly and primarily in	64566
providing taxable services under that section.	64567

(43) Sales where the purpose of the purchaser is to do any of	64568
the following:	64569

(a) To incorporate the thing transferred as a material or a	64570
part into tangible personal property to be produced for sale by	64571
manufacturing, assembling, processing, or refining; or to use or	64572
consume the thing transferred directly in producing tangible	64573
personal property for sale by mining, including, without	64574
limitation, the extraction from the earth of all substances that	64575
are classed geologically as minerals, production of crude oil and	64576
natural gas, farming, agriculture, horticulture, or floriculture,	64577
or directly in the rendition of a public utility service, except	64578
that the sales tax levied by this section shall be collected upon	64579
all meals, drinks, and food for human consumption sold when	64580
transporting persons. Persons engaged in rendering farming,	64581
agricultural, horticultural, or floricultural services, and	64582
services in the exploration for, and production of, crude oil and	64583
natural gas, for others are deemed engaged directly in farming,	64584
agriculture, horticulture, and floriculture, or exploration for,	64585
and production of, crude oil and natural gas. This paragraph does	64586
not exempt from "retail sale" or "sales at retail" the sale of	64587
tangible personal property that is to be incorporated into a	64588
structure or improvement to real property.	64589

(b) To hold the thing transferred as security for the	64590
performance of an obligation of the vendor;	64591

(c) To resell, hold, use, or consume the thing transferred as	64592
evidence of a contract of insurance;	64593

(d) To use or consume the thing directly in commercial	64594
fishing;	64595

(e) To incorporate the thing transferred as a material or a	64596
part into, or to use or consume the thing transferred directly in	64597
the production of, magazines distributed as controlled circulation	64598
publications;	64599

(f) To use or consume the thing transferred in the production	64600
and preparation in suitable condition for market and sale of	64601
printed, imprinted, overprinted, lithographic, multilithic,	64602
blueprinted, photostatic, or other productions or reproductions of	64603
written or graphic matter;	64604

(g) To use the thing transferred, as described in section	64605
5739.011 of the Revised Code, primarily in a manufacturing	64606
operation to produce tangible personal property for sale;	64607

(h) To use the benefit of a warranty, maintenance or service	64608
contract, or similar agreement, as described in division (B)(7) of	64609
section 5739.01 of the Revised Code, to repair or maintain	64610
tangible personal property, if all of the property that is the	64611
subject of the warranty, contract, or agreement would not be	64612
subject to the tax imposed by this section;	64613

(i) To use the thing transferred as qualified research and	64614
development equipment;	64615

(j) To use or consume the thing transferred primarily in	64616
storing, transporting, mailing, or otherwise handling purchased	64617
sales inventory in a warehouse, distribution center, or similar	64618
facility when the inventory is primarily distributed outside this	64619
state to retail stores of the person who owns or controls the	64620
warehouse, distribution center, or similar facility, to retail	64621
stores of an affiliated group of which that person is a member, or	64622
by means of direct marketing. This division does not apply to	64623
motor vehicles registered for operation on the public highways. As	64624
used in this division, "affiliated group" has the same meaning as	64625
in division (B)(3)(e) of section 5739.01 of the Revised Code and	64626
"direct marketing" has the same meaning as in division (B)(36) of	64627
this section.	64628

(k) To use or consume the thing transferred to fulfill a	64629
contractual obligation incurred by a warrantor pursuant to a	64630
warranty provided as a part of the price of the tangible personal	64631
property sold or by a vendor of a warranty, maintenance or service	64632
contract, or similar agreement the provision of which is defined	64633
as a sale under division (B)(7) of section 5739.01 of the Revised	64634
Code;	64635

(l) To use or consume the thing transferred in the production	64636
of a newspaper for distribution to the public;	64637

(m) To use tangible personal property to perform a service	64638
listed in division (B)(3) of section 5739.01 of the Revised Code,	64639
if the property is or is to be permanently transferred to the	64640
consumer of the service as an integral part of the performance of	64641
the service.	64642

As used in division (B)(43) of this section, "thing" includes	64643
all transactions included in divisions (B)(3)(a), (b), and (e) of	64644
section 5739.01 of the Revised Code.	64645

(44) Sales conducted through a coin operated device that	64646
activates vacuum equipment or equipment that dispenses water,	64647
whether or not in combination with soap or other cleaning agents	64648
or wax, to the consumer for the consumer's use on the premises in	64649
washing, cleaning, or waxing a motor vehicle, provided no other	64650
personal property or personal service is provided as part of the	64651
transaction.	64652

(45) Sales of replacement and modification parts for engines,	64653
airframes, instruments, and interiors in, and paint for, aircraft	64654
used primarily in a fractional aircraft ownership program, and	64655
sales of services for the repair, modification, and maintenance of	64656
such aircraft, and machinery, equipment, and supplies primarily	64657
used to provide those services.	64658

(C) For the purpose of the proper administration of this	64659
chapter, and to prevent the evasion of the tax, it is presumed	64660
that all sales made in this state are subject to the tax until the	64661
contrary is established.	64662

~~As used in this section, except in division (B)(16) of this~~	64663
~~section, "food" includes cereals and cereal products, milk and~~	64664
~~milk products including ice cream, meat and meat products, fish~~	64665
~~and fish products, eggs and egg products, vegetables and vegetable~~	64666
~~products, fruits, fruit products, and pure fruit juices,~~	64667
~~condiments, sugar and sugar products, coffee and coffee~~	64668
~~substitutes, tea, and cocoa and cocoa products. It does not~~	64669
~~include: spirituous liquors, wine, mixed beverages, or beer; soft~~	64670
~~drinks; sodas and beverages that are ordinarily dispensed at or in~~	64671
~~connection with bars and soda fountains, other than coffee, tea,~~	64672
~~and cocoa; root beer and root beer extracts; malt and malt~~	64673
~~extracts; mineral oils, cod liver oils, and halibut liver oil;~~	64674
~~medicines, including tonics, vitamin preparations, and other~~	64675
~~products sold primarily for their medicinal properties; and water,~~	64676
~~including mineral, bottled, and carbonated waters, and ice.~~	64677

~~(C)~~(D) The levy of this tax on retail sales of recreation and	64678
sports club service shall not prevent a municipal corporation from	64679
levying any tax on recreation and sports club dues or on any	64680
income generated by recreation and sports club dues.	64681

(E) The tax collected by the vendor from the consumer under	64682
this chapter is not part of the price, but is a tax collection for	64683
the benefit of the state, and of counties levying an additional	64684
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	64685
Code and of transit authorities levying an additional sales tax	64686
pursuant to section 5739.023 of the Revised Code. Except for the	64687
discount authorized under section 5739.12 of the Revised Code and	64688
the effects of any rounding pursuant to section 5703.055 of the	64689
Revised Code, no person other than the state or such a county or	64690
transit authority shall derive any benefit from the collection or	64691
payment of the tax levied by this section or section 5739.021,	64692
5739.023, or 5739.026 of the Revised Code.	64693

Sec. 5739.021. (A) For the purpose of providing additional	64694
general revenues for the county or supporting criminal and	64695
administrative justice services in the county, or both, and to pay	64696
the expenses of administering such levy, any county may levy a tax	64697
at the rate of not more than one per cent at any multiple of	64698
one-fourth of one per cent upon every retail sale made in the	64699
county, except sales of watercraft and outboard motors required to	64700
be titled pursuant to Chapter 1548. of the Revised Code and sales	64701
of motor vehicles, and may increase the rate of an existing tax to	64702
not more than one per cent at any multiple of one-fourth of one	64703
per cent.	64704

The tax shall be levied and the rate increased pursuant to a	64705
resolution of the board of county commissioners. The resolution	64706
shall state the purpose for which the tax is to be levied and the	64707
number of years for which the tax is to be levied, or that it is	64708
for a continuing period of time. If the tax is to be levied for	64709
the purpose of providing additional general revenues and for the	64710
purpose of supporting criminal and administrative justice	64711
services, the resolution shall state the rate or amount of the tax	64712
to be apportioned to each such purpose. The rate or amount may be	64713
different for each year the tax is to be levied, but the rates or	64714
amounts actually apportioned each year shall not be different from	64715
that stated in the resolution for that year. If the resolution is	64716
adopted as an emergency measure necessary for the immediate	64717
preservation of the public peace, health, or safety, it must	64718
receive an affirmative vote of all of the members of the board of	64719
county commissioners and shall state the reasons for such	64720
necessity. AThe board shall deliver a certified copy of the	64721
resolution ~~shall be delivered~~ to the tax commissioner ~~either~~	64722
~~personally or by certified mail~~, not later than the ~~sixtieth~~	64723
sixty-fifth day prior to the date on which the tax is to become	64724
effective, which shall be the first day of the calendar quarter.	64725

Prior to the adoption of any resolution under this section,	64726
the board of county commissioners shall conduct two public	64727
hearings on the resolution, the second hearing to be not less than	64728
three nor more than ten days after the first. Notice of the date,	64729
time, and place of the hearings shall be given by publication in a	64730
newspaper of general circulation in the county once a week on the	64731
same day of the week for two consecutive weeks, the second	64732
publication being not less than ten nor more than thirty days	64733
prior to the first hearing.	64734

Except as provided in division (B)(3) of this section, the	64735
resolution shall ~~become effective on the first day of a calendar~~	64736
~~quarter following the expiration of sixty days from the date of~~	64737
~~its adoption,~~be subject to a referendum as provided in sections	64738
305.31 to 305.41 of the Revised Code.	64739

If a petition for a referendum is filed, the county auditor	64740
with whom the petition was filed shall, within five days, notify	64741
the board of county commissioners and the tax commissioner of the	64742
filing of the petition by certified mail. If the board of	64743
elections with which the petition was filed declares the petition	64744
invalid, the board of elections, within five days, shall notify	64745
the board of county commissioners and the tax commissioner of that	64746
declaration by certified mail. If the petition is declared to be	64747
invalid, the effective date of the tax or increased rate of tax	64748
levied by this section shall be the first day of a calendar	64749
quarter following the expiration of sixty-five days from the date	64750
the ~~petition was declared invalid by~~commissioner receives notice	64751
from the board of elections that the petition is invalid.	64752

(B)(1) A resolution that is not adopted as an emergency	64753
measure may direct the board of elections to submit the question	64754
of levying the tax or increasing the rate of tax to the electors	64755
of the county at a special election held on the date specified by	64756
the board of county commissioners in the resolution, provided that	64757
the election occurs not less than seventy-five days after a	64758
certified copy of such resolution is transmitted to the board of	64759
elections and the election is not held in February or August of	64760
any year. Upon transmission of the resolution to the board of	64761
elections, the board of county commissioners shall notify the tax	64762
commissioner in writing of the levy question to be submitted to	64763
the electors. No resolution adopted under this division shall go	64764
into effect unless approved by a majority of those voting upon it,	64765
and, except as provided in division (B)(3) of this section, shall	64766
become effective on the first day of a calendar quarter following	64767
the expiration of sixty-five days from the date ~~of notice to~~ the	64768
tax commissioner byreceives notice from the board of elections of	64769
the affirmative vote.	64770

(2) A resolution that is adopted as an emergency measure	64771
shall go into effect as provided in division (A) of this section,	64772
but may direct the board of elections to submit the question of	64773
repealing the tax or increase in the rate of the tax to the	64774
electors of the county at the next general election in the county	64775
occurring not less than seventy-five days after a certified copy	64776
of the resolution is transmitted to the board of elections. Upon	64777
transmission of the resolution to the board of elections, the	64778
board of county commissioners shall notify the tax commissioner in	64779
writing of the levy question to be submitted to the electors. The	64780
ballot question shall be the same as that prescribed in section	64781
5739.022 of the Revised Code. The board of elections shall notify	64782
the board of county commissioners and the tax commissioner of the	64783
result of the election immediately after the result has been	64784
declared. If a majority of the qualified electors voting on the	64785
question of repealing the tax or increase in the rate of the tax	64786
vote for repeal of the tax or repeal of the increase, the board of	64787
county commissioners, on the first day of a calendar quarter	64788
following the expiration of sixty-five days after the date it	64789
~~received~~the board and tax commissioner receive notice of the	64790
result of the election, shall, in the case of a repeal of the tax,	64791
cease to levy the tax, or, in the case of a repeal of an increase	64792
in the rate of the tax, cease to levy the increased rate and levy	64793
the tax at the rate at which it was imposed immediately prior to	64794
the increase in rate.	64795

(3) If a vendor that is registered with the central	64796
electronic registration system provided for in section 5740.05 of	64797
the Revised Code makes a sale in this state by printed catalog and	64798
the consumer computed the tax on the sale based on local rates	64799
published in the catalog, any tax levied or repealed or rate	64800
changed under this section shall not apply to such ~~sales~~a sale	64801
until the first day of a calendar quarter following the expiration	64802
of one hundred twenty days from the date of notice by the tax	64803
commissioner ~~to the vendor, or to the vendor's certified service~~	64804
~~provider, if the vendor has selected one~~pursuant to division (H)	64805
of this section.	64806

(C) If a resolution is rejected at a referendum or if a	64807
resolution adopted after January 1, 1982, as an emergency measure	64808
is repealed by the electors pursuant to division (B)(2) of this	64809
section or section 5739.022 of the Revised Code, then for one year	64810
after the date of the election at which the resolution was	64811
rejected or repealed the board of county commissioners may not	64812
adopt any resolution authorized by this section as an emergency	64813
measure.	64814

(D) The board of county commissioners, at any time while a	64815
tax levied under this section is in effect, may by resolution	64816
reduce the rate at which the tax is levied to a lower rate	64817
authorized by this section. Any reduction in the rate at which the	64818
tax is levied shall be made effective on the first day of a	64819
calendar quarter next following the ~~sixtieth~~sixty-fifth day after	64820
~~the certification~~a certified copy of the resolution is delivered	64821
to the tax commissioner.	64822

(E) The tax on every retail sale subject to a tax levied	64823
pursuant to this section shall be in addition to the tax levied by	64824
section 5739.02 of the Revised Code and any tax levied pursuant to	64825
section 5739.023 or 5739.026 of the Revised Code.	64826

A county that levies a tax pursuant to this section shall	64827
levy a tax at the same rate pursuant to section 5741.021 of the	64828
Revised Code.	64829

The additional tax levied by the county shall be collected	64830
pursuant to section 5739.025 of the Revised Code. If the	64831
additional tax or some portion thereof is levied for the purpose	64832
of criminal and administrative justice services, the revenue from	64833
the tax, or the amount or rate apportioned to that purpose, shall	64834
be credited to a special fund created in the county treasury for	64835
receipt of that revenue.	64836

Any tax levied pursuant to this section is subject to the	64837
exemptions provided in section 5739.02 of the Revised Code and in	64838
addition shall not be applicable to sales not within the taxing	64839
power of a county under the Constitution of the United States or	64840
the Ohio Constitution.	64841

(F) For purposes of this section, a copy of a resolution is	64842
"certified" when it contains a written statement attesting that	64843
the copy is a true and exact reproduction of the original	64844
resolution.	64845

(G) If a board of commissioners intends to adopt a resolution	64846
to levy a tax in whole or in part for the purpose of criminal and	64847
administrative justice services, the board shall prepare and make	64848
available at the first public hearing at which the resolution is	64849
considered a statement containing the following information:	64850

(1) For each of the two preceding fiscal years, the amount of	64851
expenditures made by the county from the county general fund for	64852
the purpose of criminal and administrative justice services;	64853

(2) For the fiscal year in which the resolution is adopted,	64854
the board's estimate of the amount of expenditures to be made by	64855
the county from the county general fund for the purpose of	64856
criminal and administrative justice services;	64857

(3) For each of the two fiscal years after the fiscal year in	64858
which the resolution is adopted, the board's preliminary plan for	64859
expenditures to be made from the county general fund for the	64860
purpose of criminal and administrative justice services, both	64861
under the assumption that the tax will be imposed for that purpose	64862
and under the assumption that the tax would not be imposed for	64863
that purpose, and for expenditures to be made from the special	64864
fund created under division (E) of this section under the	64865
assumption that the tax will be imposed for that purpose.	64866

The board shall prepare the statement and the preliminary	64867
plan using the best information available to the board at the time	64868
the statement is prepared. Neither the statement nor the	64869
preliminary plan shall be used as a basis to challenge the	64870
validity of the tax in any court of competent jurisdiction, nor	64871
shall the statement or preliminary plan limit the authority of the	64872
board to appropriate, pursuant to section 5705.38 of the Revised	64873
Code, an amount different from that specified in the preliminary	64874
plan.	64875

(H) Upon receipt from a board of county commissioners of a	64876
certified copy of a resolution required by division (A) or (D) of	64877
this section, or from the board of elections of a notice of the	64878
results of an election required by division (A) or (B)(1) or (2)	64879
of this section, the tax commissioner shall provide notice of a	64880
tax rate change in a manner that is reasonably accessible to all	64881
affected vendors. The commissioner shall provide this notice at	64882
least sixty days prior to the effective date of the rate change.	64883
The commissioner, by rule, may establish the method by which	64884
notice will be provided.	64885

(I) As used in this section, "criminal and administrative	64886
justice services" means the exercise by the county sheriff of all	64887
powers and duties vested in that office by law; the exercise by	64888
the county prosecuting attorney of all powers and duties vested in	64889
that office by law; the exercise by any court in the county of all	64890
powers and duties vested in that court; the exercise by the clerk	64891
of the court of common pleas, any clerk of a municipal court	64892
having jurisdiction throughout the county, or the clerk of any	64893
county court of all powers and duties vested in the clerk by law	64894
except, in the case of the clerk of the court of common pleas, the	64895
titling of motor vehicles or watercraft pursuant to Chapter 1548.	64896
or 4505. of the Revised Code; the exercise by the county coroner	64897
of all powers and duties vested in that office by law; making	64898
payments to any other public agency or a private, nonprofit	64899
agency, the purposes of which in the county include the diversion,	64900
adjudication, detention, or rehabilitation of criminals or	64901
juvenile offenders; the operation and maintenance of any detention	64902
facility, as defined in section 2921.01 of the Revised Code; and	64903
the construction, acquisition, equipping, or repair of such a	64904
detention facility, including the payment of any debt charges	64905
incurred in the issuance of securities pursuant to Chapter 133. of	64906
the Revised Code for the purpose of constructing, acquiring,	64907
equipping, or repairing such a facility.	64908

Sec. 5739.022. (A) The question of repeal of either a county	64909
permissive tax or an increase in the rate of a county permissive	64910
tax that was adopted as an emergency measure pursuant to section	64911
5739.021 or 5739.026 of the Revised Code may be initiated by	64912
filing with the board of elections of the county not less than	64913
seventy-five days before the general election in any year a	64914
petition requesting that an election be held on the question. The	64915
question of repealing an increase in the rate of the county	64916
permissive tax shall be submitted to the electors as a separate	64917
question from the repeal of the tax in effect prior to the	64918
increase in the rate. Any petition filed under this section shall	64919
be signed by qualified electors residing in the county equal in	64920
number to ten per cent of those voting for governor at the most	64921
recent gubernatorial election.	64922

After determination by it that the petition is valid, the	64923
board of elections shall submit the question to the electors of	64924
the county at the next general election. The election shall be	64925
conducted, canvassed, and certified in the same manner as regular	64926
elections for county offices in the county. The board of elections	64927
shall notify the tax commissioner, in writing, of the election	64928
upon determining that the petition is valid. Notice of the	64929
election shall also be published in a newspaper of general	64930
circulation in the district once a week for four consecutive weeks	64931
prior to the election, stating the purpose, the time, and the	64932
place of the election. The form of the ballot cast at the election	64933
shall be prescribed by the secretary of state; however, the ballot	64934
question shall read, "shall the tax (or, increase in the rate of	64935
the tax) be retained?	64936

64937

		Yes			64938
		No	"		64939

64940

The question covered by the petition shall be submitted as a	64941
separate proposition, but it may be printed on the same ballot	64942
with any other proposition submitted at the same election other	64943
than the election of officers.	64944

(B) If a majority of the qualified electors voting on the	64945
question of repeal of either a county permissive tax or an	64946
increase in the rate of a county permissive tax approve the	64947
repeal, the board of elections shall notify the board of county	64948
commissioners and the tax commissioner of the result of the	64949
election immediately after the result has been declared. The board	64950
of county commissioners shall, on the first day of the ~~month~~	64951
calendar quarter following the expiration of ~~thirty~~sixty-five	64952
days after the date ~~it receives~~ the board and the tax commissioner	64953
receive the notice, in the case of a repeal of a county permissive	64954
tax, cease to levy the tax, or, in the case of a repeal of an	64955
increase in the rate of a county permissive tax, levy the tax at	64956
the rate at which it was imposed immediately prior to the increase	64957
in rate and cease to levy the increased rate.	64958

(C) Upon receipt from a board of elections of a notice of the	64959
results of an election required by division (B) of this section,	64960
the tax commissioner shall provide notice of a tax repeal or rate	64961
change in a manner that is reasonably accessible to all affected	64962
vendors. The commissioner shall provide this notice at least sixty	64963
days prior to the effective date of the rate change. The	64964
commissioner, by rule, may establish the method by which notice	64965
will be provided.	64966

(D) If a vendor that is registered with the central	64967
electronic registration system provided for in section 5740.05 of	64968
the Revised Code makes a sale in this state by printed catalog and	64969
the consumer computed the tax on the sale based on local rates	64970
published in the catalog, any tax repealed or rate changed under	64971
this section shall not apply to such a sale until the first day of	64972
a calendar quarter following the expiration of one hundred twenty	64973
days from the date of notice by the tax commissioner pursuant to	64974
division (C) of this section.	64975

Sec. 5739.023. (A)(1) For the purpose of providing	64976
additional general revenues for a transit authority and paying the	64977
expenses of administering such levy, any transit authority as	64978
defined in division (U) of section 5739.01 of the Revised Code may	64979
levy a tax upon every retail sale made in the territory of the	64980
transit authority, except sales of watercraft and outboard motors	64981
required to be titled pursuant to Chapter 1548. of the Revised	64982
Code and sales of motor vehicles, at a rate of not more than one	64983
and one-half per cent at any multiple of one-fourth of one per	64984
cent and may increase the existing rate of tax to not more than	64985
one and one-half per cent at any multiple of one-fourth of one per	64986
cent. The tax shall be levied and the rate increased pursuant to a	64987
resolution of the legislative authority of the transit authority	64988
and a certified copy of the resolution shall be delivered by the	64989
fiscal officer to the board of elections as provided in section	64990
3505.071 of the Revised Code and to the tax commissioner. The	64991
resolution shall specify the number of years for which the tax is	64992
to be in effect or that the tax is for a continuing period of	64993
time, and the date of the election on the question of the tax	64994
pursuant to section 306.70 of the Revised Code. The board of	64995
elections shall certify the results of the election to the transit	64996
authority and tax commissioner.	64997

(2) Except as provided in division (C) of this section, the	64998
tax levied by the resolution shall become effective on the first	64999
day of a calendar quarter next following the ~~sixtieth~~sixty-fifth	65000
day following the date the tax commissioner receives from the	65001
board of elections the certification of the results of the	65002
election on the question of the tax ~~by the board of elections~~.	65003

(B) The legislative authority may, at any time while the tax	65004
is in effect, by resolution fix the rate of the tax at any rate	65005
authorized by this section and not in excess of that approved by	65006
the voters pursuant to section 306.70 of the Revised Code. Except	65007
as provided in division (C) of this section, any change in the	65008
rate of the tax shall be made effective on the first day of a	65009
calendar quarter next following the ~~sixtieth~~sixty-fifth day	65010
following the date the tax commissioner receives the certification	65011
of the resolution ~~to the tax commissioner~~; provided, that in any	65012
case where bonds, or notes in anticipation of bonds, of a regional	65013
transit authority have been issued under section 306.40 of the	65014
Revised Code without a vote of the electors while the tax proposed	65015
to be reduced was in effect, the board of trustees of the regional	65016
transit authority shall continue to levy and collect under	65017
authority of the original election authorizing the tax a rate of	65018
tax that the board of trustees reasonably estimates will produce	65019
an amount in that year equal to the amount of principal of and	65020
interest on those bonds as is payable in that year.	65021

(C) Upon receipt from the board of elections of the	65022
certification of the results of the election required by division	65023
(A) of this section, or from the legislative authority of the	65024
certification of a resolution under division (B) of this section,	65025
the tax commissioner shall provide notice of a tax rate change in	65026
a manner that is reasonably accessible to all affected vendors.	65027
The commissioner shall provide this notice at least sixty days	65028
prior to the effective date of the rate change. The commissioner,	65029
by rule, may establish the method by which notice will be	65030
provided.	65031

(D) If a vendor that is registered with the central	65032
electronic registration system provided for in section 5740.05 of	65033
the Revised Code makes a sale in this state by printed catalog and	65034
the consumer computed the tax on the sale based on local rates	65035
published in the catalog, any tax levied or rate changed under	65036
this section shall not apply to such a sale until the first day of	65037
a calendar quarter following the expiration of one hundred twenty	65038
days from the date of notice by the tax commissioner ~~to the~~	65039
~~vendor, or to the vendor's certified service provider, if the~~	65040
~~vendor has selected one~~pursuant to division (C) of this section.	65041

~~(D)~~(E) The tax on every retail sale subject to a tax levied	65042
pursuant to this section is in addition to the tax levied by	65043
section 5739.02 of the Revised Code and any tax levied pursuant to	65044
section 5739.021 or 5739.026 of the Revised Code.	65045

~~(E)~~(F) The additional tax levied by the transit authority	65046
shall be collected pursuant to section 5739.025 of the Revised	65047
Code.	65048

~~(F)~~(G) Any tax levied pursuant to this section is subject to	65049
the exemptions provided in section 5739.02 of the Revised Code and	65050
in addition shall not be applicable to sales not within the taxing	65051
power of a transit authority under the constitution of the United	65052
States or the constitution of this state.	65053

~~(G)~~(H) The rate of a tax levied under this section is subject	65054
to reduction under section 5739.028 of the Revised Code, if a	65055
ballot question is approved by voters pursuant to that section.	65056

Sec. 5739.025. ~~As used in this section, "local tax" means a~~	65057
~~tax imposed pursuant to section 5739.021, 5739.023, 5739.026,~~	65058
~~5741.021, 5741.022, or 5741.023 of the Revised Code.~~	65059

~~(A) The taxes levied by sections 5739.02 and 5741.02 of the~~	65060
~~Revised Code shall be collected in accordance with the following~~	65061
~~schedule:~~	65062

	~~If the price~~		~~But not~~		~~The amount~~			65063
	~~is at least~~		~~more than~~		~~of the tax is~~			65064

~~$ .01~~	~~$ .15~~	~~No tax~~	65065
~~.16~~	~~.20~~	1¢	65066
~~.21~~	~~.40~~	2¢	65067
~~.41~~	~~.60~~	3¢	65068
~~.61~~	~~.80~~	4¢	65069
~~.81~~	~~1.00~~	5¢	65070

~~If the price exceeds one dollar, the tax is five cents on~~	65071
~~each one dollar. If the price exceeds one dollar or a multiple~~	65072
~~thereof by not more than twenty cents, the amount of tax is five~~	65073
~~cents for each one dollar plus one cent. If the price exceeds one~~	65074
~~dollar or a multiple thereof by more than twenty cents, the amount~~	65075
~~of tax is five cents for each one dollar plus the amount of tax~~	65076
~~for prices twenty-one cents through ninety-nine cents in~~	65077
~~accordance with the schedule above.~~	65078

~~(B) The combined taxes levied by sections 5739.02 and 5741.02~~	65079
~~and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021,~~	65080
~~5741.022, and 5741.023 of the Revised Code shall be collected in~~	65081
~~accordance with the following schedules:~~	65082

~~(1) When the total rate of local tax is one-fourth per cent:~~

65083

	~~If the price~~		~~But not~~		~~The amount~~			65084
	~~is at least~~		~~more than~~		~~of the tax is~~			65085

~~$ .01~~	~~$ .15~~	~~No tax~~	65086
~~.16~~	~~.19~~	1¢	65087
~~.20~~	~~.38~~	2¢	65088
~~.39~~	~~.57~~	3¢	65089
~~.58~~	~~.76~~	4¢	65090
~~.77~~	~~.95~~	5¢	65091
~~.96~~	~~1.14~~	6¢	65092
~~1.15~~	~~1.33~~	7¢	65093
~~1.34~~	~~1.52~~	8¢	65094
~~1.53~~	~~1.71~~	9¢	65095
~~1.72~~	~~1.90~~	~~10¢~~	65096
~~1.91~~	~~2.09~~	~~11¢~~	65097
~~2.10~~	~~2.28~~	~~12¢~~	65098
~~2.29~~	~~2.47~~	~~13¢~~	65099
~~2.48~~	~~2.66~~	~~14¢~~	65100
~~2.67~~	~~2.85~~	~~15¢~~	65101
~~2.86~~	~~3.04~~	~~16¢~~	65102
~~3.05~~	~~3.23~~	~~17¢~~	65103
~~3.24~~	~~3.42~~	~~18¢~~	65104
~~3.43~~	~~3.61~~	~~19¢~~	65105
~~3.62~~	~~3.80~~	~~20¢~~	65106
~~3.81~~	~~4.00~~	~~21¢~~	65107

~~If the price exceeds four dollars, the tax is twenty-one~~	65108
~~cents on each four dollars. If the price exceeds four dollars or a~~	65109
~~multiple thereof by not more than nineteen cents, the amount of~~	65110
~~tax is twenty-one cents for each four dollars plus one cent. If~~	65111
~~the price exceeds four dollars or a multiple thereof by more than~~	65112
~~nineteen cents, the amount of tax is twenty-one cents for each~~	65113
~~four dollars plus the amount of tax for prices twenty cents~~	65114
~~through three dollars and ninety-nine cents in accordance with the~~	65115
~~schedule above.~~	65116

(~~2) When the combined rate of local tax is one-half per cent:~~

65117

	~~If the price~~		~~But not~~		~~The amount~~			65118
	~~is at least~~		~~more than~~		~~of the tax is~~			65119

~~$ .01~~	~~$ .15~~	~~No tax~~	65120
~~.16~~	~~.18~~	1¢	65121
~~.19~~	~~.36~~	2¢	65122
~~.37~~	~~.54~~	3¢	65123
~~.55~~	~~.72~~	4¢	65124
~~.73~~	~~.90~~	5¢	65125
~~.91~~	~~1.09~~	6¢	65126
~~1.10~~	~~1.27~~	7¢	65127
~~1.28~~	~~1.46~~	8¢	65128
~~1.47~~	~~1.64~~	9¢	65129
~~1.65~~	~~1.82~~	~~10¢~~	65130
~~1.83~~	~~2.00~~	~~11¢~~	65131

~~If the price exceeds two dollars, the tax is eleven cents on~~	65132
~~each two dollars. If the price exceeds two dollars or a multiple~~	65133
~~thereof by not more than eighteen cents, the amount of tax is~~	65134
~~eleven cents for each two dollars plus one cent. If the price~~	65135
~~exceeds two dollars or a multiple thereof by more than eighteen~~	65136
~~cents, the amount of tax is eleven cents for each two dollars plus~~	65137
~~the amount of tax for prices nineteen cents through one dollar and~~	65138
~~ninety-nine cents in accordance with the schedule above.~~	65139

~~(3) When the combined rate of local tax is three-fourths per~~	65140
~~cent:~~	65141

	~~If the price~~		~~But not~~		~~The amount~~			65142
	~~is at least~~		~~more than~~		~~of the tax is~~			65143

~~$ .01~~	~~$ .15~~	~~No tax~~	65144
~~.16~~	~~.17~~	1¢	65145
~~.18~~	~~.34~~	2¢	65146
~~.35~~	~~.52~~	3¢	65147
~~.53~~	~~.69~~	4¢	65148
~~.70~~	~~.86~~	5¢	65149
~~.87~~	~~1.04~~	6¢	65150
~~1.05~~	~~1.21~~	7¢	65151
~~1.22~~	~~1.39~~	8¢	65152
~~1.40~~	~~1.56~~	9¢	65153
~~1.57~~	~~1.73~~	~~10¢~~	65154
~~1.74~~	~~1.91~~	~~11¢~~	65155
~~1.92~~	~~2.08~~	~~12¢~~	65156
~~2.09~~	~~2.26~~	~~13¢~~	65157
~~2.27~~	~~2.43~~	~~14¢~~	65158
~~2.44~~	~~2.60~~	~~15¢~~	65159
~~2.61~~	~~2.78~~	~~16¢~~	65160
~~2.79~~	~~2.95~~	~~17¢~~	65161
~~2.96~~	~~3.13~~	~~18¢~~	65162
~~3.14~~	~~3.30~~	~~19¢~~	65163
~~3.31~~	~~3.47~~	~~20¢~~	65164
~~3.48~~	~~3.65~~	~~21¢~~	65165
~~3.66~~	~~3.82~~	~~22¢~~	65166
~~3.83~~	~~4.00~~	~~23¢~~	65167

~~If the price exceeds four dollars, the tax is twenty-three~~	65168
~~cents on each four dollars. If the price exceeds four dollars or a~~	65169
~~multiple thereof by not more than seventeen cents, the amount of~~	65170
~~tax is twenty-three cents for each four dollars plus one cent. If~~	65171
~~the price exceeds four dollars or a multiple thereof by more than~~	65172
~~seventeen cents, the amount of tax is twenty-three cents for each~~	65173
~~four dollars plus the amount of tax for prices eighteen cents~~	65174
~~through three dollars and ninety-nine cents in accordance with the~~	65175
~~schedule above.~~	65176

~~(4) When the combined rate of local tax is one per cent:~~

65177

	~~If the price~~		~~But not~~		~~The amount~~			65178
	~~is at least~~		~~more than~~		~~of the tax is~~			65179

~~$ .01~~	~~$ .15~~	~~No tax~~	65180
~~.16~~	~~.17~~	1¢	65181
~~.18~~	~~.34~~	2¢	65182
~~.35~~	~~.50~~	3¢	65183
~~.51~~	~~.67~~	4¢	65184
~~.68~~	~~.83~~	5¢	65185
~~.84~~	~~1.00~~	6¢	65186

~~If the price exceeds one dollar, the tax is six cents on each~~	65187
~~one dollar. If the price exceeds one dollar or a multiple thereof~~	65188
~~by not more than seventeen cents, the amount of tax is six cents~~	65189
~~for each one dollar plus one cent. If the price exceeds one dollar~~	65190
~~or a multiple thereof by more than seventeen cents, the amount of~~	65191
~~tax is six cents for each one dollar plus the amount of tax for~~	65192
~~prices eighteen cents through ninety-nine cents in accordance with~~	65193
~~the schedule above.~~	65194

~~(5) When the combined rate of local tax is one and one-fourth~~	65195
~~per cent:~~	65196

	~~If the price~~		~~But not~~		~~The amount~~			65197
	~~is at least~~		~~more than~~		~~of the tax is~~			65198

~~$ .01~~	~~$ .15~~	~~No tax~~	65199
~~.16~~	~~.16~~	1¢	65200
~~.17~~	~~.32~~	2¢	65201
~~.33~~	~~.48~~	3¢	65202
~~.49~~	~~.64~~	4¢	65203
~~.65~~	~~.80~~	5¢	65204
~~.81~~	~~.96~~	6¢	65205
~~.97~~	~~1.12~~	7¢	65206
~~1.13~~	~~1.28~~	8¢	65207
~~1.29~~	~~1.44~~	9¢	65208
~~1.45~~	~~1.60~~	~~10¢~~	65209
~~1.61~~	~~1.76~~	~~11¢~~	65210
~~1.77~~	~~1.92~~	~~12¢~~	65211
~~1.93~~	~~2.08~~	~~13¢~~	65212
~~2.09~~	~~2.24~~	~~14¢~~	65213
~~2.25~~	~~2.40~~	~~15¢~~	65214
~~2.41~~	~~2.56~~	~~16¢~~	65215
~~2.57~~	~~2.72~~	~~17¢~~	65216
~~2.73~~	~~2.88~~	~~18¢~~	65217
~~2.89~~	~~3.04~~	~~19¢~~	65218
~~3.05~~	~~3.20~~	~~20¢~~	65219
~~3.21~~	~~3.36~~	~~21¢~~	65220
~~3.37~~	~~3.52~~	~~22¢~~	65221
~~3.53~~	~~3.68~~	~~23¢~~	65222
~~3.69~~	~~3.84~~	~~24¢~~	65223
~~3.85~~	~~4.00~~	~~25¢~~	65224

~~If the price exceeds four dollars, the tax is twenty-five~~	65225
~~cents on each four dollars. If the price exceeds four dollars or a~~	65226
~~multiple thereof by not more than sixteen cents, the amount of tax~~	65227
~~is twenty-five cents for each four dollars plus one cent. If the~~	65228
~~price exceeds four dollars or a multiple thereof by more than~~	65229
~~sixteen cents, the amount of tax is twenty-five cents for each~~	65230
~~four dollars plus the amount of tax for prices seventeen cents~~	65231
~~through three dollars and ninety-nine cents in accordance with the~~	65232
~~schedule above.~~	65233

~~(6) When the combined rate of local tax is one and one-half~~	65234
~~per cent:~~	65235

	~~If the price~~		~~But not~~		~~The amount~~			65236
	~~is at least~~		~~more than~~		~~of the tax is~~			65237

~~$ .01~~	~~$ .15~~	~~No tax~~	65238
~~.16~~	~~.30~~	2¢	65239
~~.31~~	~~.46~~	3¢	65240
~~.47~~	~~.61~~	4¢	65241
~~.62~~	~~.76~~	5¢	65242
~~.77~~	~~.92~~	6¢	65243
~~.93~~	~~1.07~~	7¢	65244
~~1.08~~	~~1.23~~	8¢	65245
~~1.24~~	~~1.38~~	9¢	65246
~~1.39~~	~~1.53~~	~~10¢~~	65247
~~1.54~~	~~1.69~~	~~11¢~~	65248
~~1.70~~	~~1.84~~	~~12¢~~	65249
~~1.85~~	~~2.00~~	~~13¢~~	65250

~~If the price exceeds two dollars, the tax is thirteen cents~~	65251
~~on each two dollars. If the price exceeds two dollars or a~~	65252
~~multiple thereof by not more than fifteen cents, the amount of tax~~	65253
~~is thirteen cents for each two dollars plus one cent. If the price~~	65254
~~exceeds two dollars or a multiple thereof by more than fifteen~~	65255
~~cents, the amount of tax is thirteen cents for each two dollars~~	65256
~~plus the amount of tax for prices sixteen cents through one dollar~~	65257
~~and ninety-nine cents in accordance with the schedule above.~~	65258

~~(7) When the combined rate of local tax is one and~~	65259
~~three-fourths per cent:~~	65260

	~~If the price~~		~~But not~~		~~The amount~~			65261
	~~is at least~~		~~more than~~		~~of the tax is~~			65262

~~$ .01~~	~~$ .15~~	~~No tax~~	65263
~~.16~~	~~.29~~	2¢	65264
~~.30~~	~~.44~~	3¢	65265
~~.45~~	~~.59~~	4¢	65266
~~.60~~	~~.74~~	5¢	65267
~~.75~~	~~.88~~	6¢	65268
~~.89~~	~~1.03~~	7¢	65269
~~1.04~~	~~1.18~~	8¢	65270
~~1.19~~	~~1.33~~	9¢	65271
~~1.34~~	~~1.48~~	~~10¢~~	65272
~~1.49~~	~~1.62~~	~~11¢~~	65273
~~1.63~~	~~1.77~~	~~12¢~~	65274
~~1.78~~	~~1.92~~	~~13¢~~	65275
~~1.93~~	~~2.07~~	~~14¢~~	65276
~~2.08~~	~~2.22~~	~~15¢~~	65277
~~2.23~~	~~2.37~~	~~16¢~~	65278
~~2.38~~	~~2.51~~	~~17¢~~	65279
~~2.52~~	~~2.66~~	~~18¢~~	65280
~~2.67~~	~~2.81~~	~~19¢~~	65281
~~2.82~~	~~2.96~~	~~20¢~~	65282
~~2.97~~	~~3.11~~	~~21¢~~	65283
~~3.12~~	~~3.25~~	~~22¢~~	65284
~~3.26~~	~~3.40~~	~~23¢~~	65285
~~3.41~~	~~3.55~~	~~24¢~~	65286
~~3.56~~	~~3.70~~	~~25¢~~	65287
~~3.71~~	~~3.85~~	~~26¢~~	65288
~~3.86~~	~~4.00~~	~~27¢~~	65289

~~If the price exceeds four dollars, the tax is twenty-seven~~	65290
~~cents on each four dollars. If the price exceeds four dollars or a~~	65291
~~multiple thereof by not more than fourteen cents, the amount of~~	65292
~~tax is twenty-seven cents for each four dollars plus one cent. If~~	65293
~~the price exceeds four dollars or a multiple thereof by more than~~	65294
~~fourteen but by not more than twenty-nine cents, the amount of tax~~	65295
~~is twenty-seven cents for each four dollars plus two cents. If the~~	65296
~~price exceeds four dollars or a multiple thereof by more than~~	65297
~~twenty-nine cents the amount of tax is twenty-seven cents for each~~	65298
~~four dollars plus the amount of tax for prices thirty cents~~	65299
~~through three dollars and ninety-nine cents in accordance with the~~	65300
~~schedule above.~~	65301

~~(8) When the combined rate of local tax is two per cent:~~

65302

	~~If the price~~		~~But not~~		~~The amount~~			65303
	~~is at least~~		~~more than~~		~~of the tax is~~			65304

~~$ .01~~	~~$ .15~~	~~No tax~~	65305
~~.16~~	~~.28~~	2¢	65306
~~.29~~	~~.42~~	3¢	65307
~~.43~~	~~.57~~	4¢	65308
~~.58~~	~~.71~~	5¢	65309
~~.72~~	~~.85~~	6¢	65310
~~.86~~	~~1.00~~	7¢	65311

~~If the price exceeds one dollar, the tax is seven cents on~~	65312
~~each one dollar. If the price exceeds one dollar or a multiple~~	65313
~~thereof by not more than fifteen cents, the amount of tax is seven~~	65314
~~cents for each one dollar plus one cent. If the price exceeds one~~	65315
~~dollar or a multiple thereof by more than fifteen cents, the~~	65316
~~amount of tax is seven cents for each one dollar plus the amount~~	65317
~~of tax for prices sixteen cents through ninety-nine cents in~~	65318
~~accordance with the schedule above.~~	65319

~~(9) When the combined rate of local tax is two and one-fourth~~	65320
~~per cent:~~	65321

	~~If the price~~		~~But not~~		~~The amount~~			65322
	~~is at least~~		~~more than~~		~~of the tax is~~			65323

~~$ .01~~	~~$ .15~~	~~No tax~~	65324
~~.16~~	~~.27~~	2¢	65325
~~.28~~	~~.41~~	3¢	65326
~~.42~~	~~.55~~	4¢	65327
~~.56~~	~~.68~~	5¢	65328
~~.69~~	~~.82~~	6¢	65329
~~.83~~	~~.96~~	7¢	65330
~~.97~~	~~1.10~~	8¢	65331
~~1.11~~	~~1.24~~	9¢	65332
~~1.25~~	~~1.37~~	~~10¢~~	65333
~~1.38~~	~~1.51~~	~~11¢~~	65334
~~1.52~~	~~1.65~~	~~12¢~~	65335
~~1.66~~	~~1.79~~	~~13¢~~	65336
~~1.80~~	~~1.93~~	~~14¢~~	65337
~~1.94~~	~~2.06~~	~~15¢~~	65338
~~2.07~~	~~2.20~~	~~16¢~~	65339
~~2.21~~	~~2.34~~	~~17¢~~	65340
~~2.35~~	~~2.48~~	~~18¢~~	65341
~~2.49~~	~~2.62~~	~~19¢~~	65342
~~2.63~~	~~2.75~~	~~20¢~~	65343
~~2.76~~	~~2.89~~	~~21¢~~	65344
~~2.90~~	~~3.03~~	~~22¢~~	65345
~~3.04~~	~~3.17~~	~~23¢~~	65346
~~3.18~~	~~3.31~~	~~24¢~~	65347
~~3.32~~	~~3.44~~	~~25¢~~	65348
~~3.45~~	~~3.58~~	~~26¢~~	65349
~~3.59~~	~~3.72~~	~~27¢~~	65350
~~3.73~~	~~3.86~~	~~28¢~~	65351
~~3.87~~	~~4.00~~	~~29¢~~	65352

~~If the price exceeds four dollars, the tax is twenty-nine~~	65353
~~cents on each four dollars. If the price exceeds four dollars or a~~	65354
~~multiple thereof by not more than thirteen cents, the amount of~~	65355
~~tax is twenty-nine cents for each four dollars plus one cent. If~~	65356
~~the price exceeds four dollars or a multiple thereof by more than~~	65357
~~thirteen cents but by not more than twenty-seven cents, the amount~~	65358
~~of tax is twenty-nine cents for each four dollars plus two cents.~~	65359
~~If the price exceeds four dollars or a multiple thereof by more~~	65360
~~than twenty-seven cents, the amount of tax is twenty-nine cents~~	65361
~~for each four dollars plus the amount of tax for prices~~	65362
~~twenty-eight cents through three dollars and ninety-nine cents in~~	65363
~~accordance with the schedule above.~~	65364

~~(10) When the combined rate of local tax is two and one-half~~	65365
~~per cent:~~	65366

	~~If the price~~		~~But not~~		~~The amount~~			65367
	~~is at least~~		~~more than~~		~~of the tax is~~			65368

~~$ .01~~	~~$ .15~~	~~No tax~~	65369
~~.16~~	~~.26~~	2¢	65370
~~.27~~	~~.40~~	3¢	65371
~~.41~~	~~.53~~	4¢	65372
~~.54~~	~~.65~~	5¢	65373
~~.66~~	~~.80~~	6¢	65374
~~.81~~	~~.93~~	7¢	65375
~~.94~~	~~1.06~~	8¢	65376
~~1.07~~	~~1.20~~	9¢	65377
~~1.21~~	~~1.33~~	~~10¢~~	65378
~~1.34~~	~~1.46~~	~~11¢~~	65379
~~1.47~~	~~1.60~~	~~12¢~~	65380
~~1.61~~	~~1.73~~	~~13¢~~	65381
~~1.74~~	~~1.86~~	~~14¢~~	65382
~~1.87~~	~~2.00~~	~~15¢~~	65383

~~If the price exceeds two dollars, the tax is fifteen cents on~~	65384
~~each two dollars. If the price exceeds two dollars or a multiple~~	65385
~~thereof by not more than fifteen cents, the amount of tax is~~	65386
~~fifteen cents for each two dollars plus one cent. If the price~~	65387
~~exceeds two dollars or a multiple thereof by more than fifteen~~	65388
~~cents, the amount of tax is fifteen cents for each two dollars~~	65389
~~plus the amount of tax for prices sixteen cents through one dollar~~	65390
~~and ninety-nine cents in accordance with the schedule above.~~	65391

~~(11) When the combined rate of local tax is two and~~	65392
~~three-fourths per cent:~~	65393

	~~If the price~~		~~But not~~		~~The amount~~			65394
	~~is at least~~		~~more than~~		~~of the tax is~~			65395

~~$ .01~~	~~$ .15~~	~~No tax~~	65396
~~.16~~	~~.25~~	2¢	65397
~~.26~~	~~.38~~	3¢	65398
~~.39~~	~~.51~~	4¢	65399
~~.52~~	~~.64~~	5¢	65400
~~.65~~	~~.77~~	6¢	65401
~~.78~~	~~.90~~	7¢	65402
~~.91~~	~~1.03~~	8¢	65403
~~1.04~~	~~1.16~~	9¢	65404
~~1.17~~	~~1.29~~	~~10¢~~	65405
~~1.30~~	~~1.41~~	~~11¢~~	65406
~~1.42~~	~~1.54~~	~~12¢~~	65407
~~1.55~~	~~1.67~~	~~13¢~~	65408
~~1.68~~	~~1.80~~	~~14¢~~	65409
~~1.81~~	~~1.93~~	~~15¢~~	65410
~~1.94~~	~~2.06~~	~~16¢~~	65411
~~2.07~~	~~2.19~~	~~17¢~~	65412
~~2.20~~	~~2.32~~	~~18¢~~	65413
~~2.33~~	~~2.45~~	~~19¢~~	65414
~~2.46~~	~~2.58~~	~~20¢~~	65415
~~2.59~~	~~2.70~~	~~21¢~~	65416
~~2.71~~	~~2.83~~	~~22¢~~	65417
~~2.84~~	~~2.96~~	~~23¢~~	65418
~~2.97~~	~~3.09~~	~~24¢~~	65419
~~3.10~~	~~3.22~~	~~25¢~~	65420
~~3.23~~	~~3.35~~	~~26¢~~	65421
~~3.36~~	~~3.48~~	~~27¢~~	65422
~~3.49~~	~~3.61~~	~~28¢~~	65423
~~3.62~~	~~3.74~~	~~29¢~~	65424
~~3.75~~	~~3.87~~	~~30¢~~	65425
~~3.88~~	~~4.00~~	~~31¢~~	65426

~~If the price exceeds four dollars, the tax is thirty-one~~	65427
~~cents on each four dollars. If the price exceeds four dollars or a~~	65428
~~multiple thereof by not more than twelve cents, the amount of tax~~	65429
~~is thirty-one cents for each four dollars plus one cent. If the~~	65430
~~price exceeds four dollars or a multiple thereof by more than~~	65431
~~twelve cents but not more than twenty-five cents, the amount of~~	65432
~~tax is thirty-one cents for each four dollars plus two cents. If~~	65433
~~the price exceeds four dollars or a multiple thereof by more than~~	65434
~~twenty-five cents, the amount of tax is thirty-one cents for each~~	65435
~~four dollars plus the amount of tax for prices twenty-six cents~~	65436
~~through three dollars and ninety-nine cents in accordance with the~~	65437
~~schedule above.~~	65438

~~(12) When the combined rate of local tax is three per cent:~~

65439

	~~If the price~~		~~But not~~		~~The amount~~			65440
	~~is at least~~		~~more than~~		~~of the tax is~~			65441

~~$ .01~~	~~$ .15~~	~~No tax~~	65442
~~.16~~	~~.25~~	2¢	65443
~~.26~~	~~.37~~	3¢	65444
~~.38~~	~~.50~~	4¢	65445
~~.51~~	~~.62~~	5¢	65446
~~.63~~	~~.75~~	6¢	65447
~~.76~~	~~.87~~	7¢	65448
~~.88~~	~~1.00~~	8¢	65449

~~If the price exceeds one dollar, the tax is eight cents on~~	65450
~~each one dollar. If the price exceeds one dollar or a multiple~~	65451
~~thereof by not more than twelve cents, the amount of tax is eight~~	65452
~~cents for each one dollar plus one cent. If the price exceeds one~~	65453
~~dollar or a multiple thereof by more than twelve cents but not~~	65454
~~more than twenty-five cents, the amount of tax is eight cents for~~	65455
~~each one dollar plus two cents. If the price exceeds one dollar or~~	65456
~~a multiple thereof by more than twenty-five cents, the amount of~~	65457
~~tax is eight cents for each one dollar plus the amount of tax for~~	65458
~~prices twenty-six cents through ninety-nine cents in accordance~~	65459
~~with the schedule above.~~	65460

~~(C) In lieu of collecting the tax pursuant to the schedules~~	65461
~~set forth in divisions (A) and (B) of this section, a~~(A) A vendor	65462
~~may~~shall compute the tax on each sale ~~as follows:~~	65463

~~(1) On sales of fifteen cents or less, no tax shall apply.~~

65464

~~(2) On sales in excess of fifteen cents, multiply~~by	65465
multiplying the price by the aggregate rate of taxes in effect	65466
under sections ~~5739.01~~5739.02 and 5741.02, and sections 5739.021,	65467
5739.023, 5739.026, 5741.021, 5741.022, and 5741.023 of the	65468
Revised Code. The computation shall be carried out to ~~six~~three	65469
decimal places. If the result is a fractional amount of a cent,	65470
the calculated tax shall be ~~increased to the next highest cent and~~	65471
~~that amount shall be collected by the vendor~~rounded to a whole	65472
cent using a method that rounds up to the next cent whenever the	65473
third decimal place is greater than four. A vendor may elect to	65474
compute the tax due on a transaction on an item or an invoice	65475
basis.	65476

~~(D)~~(B) In auditing a vendor, ~~the tax commissioner shall~~	65477
~~consider the method prescribed by this section that was used by~~	65478
~~the vendor in determining and collecting the tax due under this~~	65479
~~chapter on taxable transactions. If~~if the vendor correctly	65480
collects and remits the tax due under this chapter in accordance	65481
~~with the schedules in divisions (A) and (B) of this section or in~~	65482
~~accordance~~ with the computation prescribed in division ~~(C)~~(A) of	65483
this section, the commissioner shall not assess any additional tax	65484
on those transactions.	65485

(E)(1) With respect to a sale of a fractional ownership	65486
program aircraft used primarily in a fractional aircraft ownership	65487
program, including all accessories attached to such aircraft, the	65488
tax shall apply at the combined rates in the schedules set forth	65489
in divisions (A) and (B) of this section, provided that the tax	65490
commissioner shall modify those schedules so that the maximum tax	65491
on each program aircraft is eight hundred dollars. In the case of	65492
a sale of a fractional interest that is less than one hundred per	65493
cent of the program aircraft, the tax charged on the transaction	65494
shall be eight hundred dollars multiplied by a fraction, the	65495
numerator of which is the percentage of ownership or possession in	65496
the aircraft being purchased in the transaction, and the	65497
denominator of which is one hundred per cent.	65498

(2) Notwithstanding any other provision of law to the	65499
contrary, the tax calculated under division (E)(1) of this section	65500
and paid with respect to the sale of a fractional ownership	65501
program aircraft used primarily in a fractional aircraft ownership	65502
program shall be credited to the general revenue fund.	65503

Sec. 5739.026. (A) A board of county commissioners may levy	65504
a tax of one-fourth or one-half of one per cent on every retail	65505
sale in the county, except sales of watercraft and outboard motors	65506
required to be titled pursuant to Chapter 1548. of the Revised	65507
Code and sales of motor vehicles, and may increase an existing	65508
rate of one-fourth of one per cent to one-half of one per cent, to	65509
pay the expenses of administering the tax and, except as provided	65510
in division (A)(6) of this section, for any one or more of the	65511
following purposes provided that the aggregate levy for all such	65512
purposes does not exceed one-half of one per cent:	65513

(1) To provide additional revenues for the payment of bonds	65514
or notes issued in anticipation of bonds issued by a convention	65515
facilities authority established by the board of county	65516
commissioners under Chapter 351. of the Revised Code and to	65517
provide additional operating revenues for the convention	65518
facilities authority;	65519

(2) To provide additional revenues for a transit authority	65520
operating in the county;	65521

(3) To provide additional revenue for the county's general	65522
fund;	65523

(4) To provide additional revenue for permanent improvements	65524
within the county to be distributed by the community improvements	65525
board in accordance with section 307.283 and to pay principal,	65526
interest, and premium on bonds issued under section 307.284 of the	65527
Revised Code;	65528

(5) To provide additional revenue for the acquisition,	65529
construction, equipping, or repair of any specific permanent	65530
improvement or any class or group of permanent improvements, which	65531
improvement or class or group of improvements shall be enumerated	65532
in the resolution required by division (D) of this section, and to	65533
pay principal, interest, premium, and other costs associated with	65534
the issuance of bonds or notes in anticipation of bonds issued	65535
pursuant to Chapter 133. of the Revised Code for the acquisition,	65536
construction, equipping, or repair of the specific permanent	65537
improvement or class or group of permanent improvements;	65538

(6) To provide revenue for the implementation and operation	65539
of a 9-1-1 system in the county. If the tax is levied or the rate	65540
increased exclusively for such purpose, the tax shall not be	65541
levied or the rate increased for more than five years. At the end	65542
of the last year the tax is levied or the rate increased, any	65543
balance remaining in the special fund established for such purpose	65544
shall remain in that fund and be used exclusively for such purpose	65545
until the fund is completely expended, and, notwithstanding	65546
section 5705.16 of the Revised Code, the board of county	65547
commissioners shall not petition for the transfer of money from	65548
such special fund, and the tax commissioner shall not approve such	65549
a petition.	65550

If the tax is levied or the rate increased for such purpose	65551
for more than five years, the board of county commissioners also	65552
shall levy the tax or increase the rate of the tax for one or more	65553
of the purposes described in divisions (A)(1) to (5) of this	65554
section and shall prescribe the method for allocating the revenues	65555
from the tax each year in the manner required by division (C) of	65556
this section.	65557

(7) To provide additional revenue for the operation or	65558
maintenance of a detention facility, as that term is defined under	65559
division (F) of section 2921.01 of the Revised Code;	65560

(8) To provide revenue to finance the construction or	65561
renovation of a sports facility, but only if the tax is levied for	65562
that purpose in the manner prescribed by section 5739.028 of the	65563
Revised Code.	65564

As used in division (A)(8) of this section:

65565

(a) "Sports facility" means a facility intended to house	65566
major league professional athletic teams.	65567

(b) "Constructing" or "construction" includes providing	65568
fixtures, furnishings, and equipment.	65569

(9) To provide additional revenue for the acquisition of	65570
agricultural easements, as defined in section 5301.67 of the	65571
Revised Code; to pay principal, interest, and premium on bonds	65572
issued under section 133.60 of the Revised Code; and for the	65573
supervision and enforcement of agricultural easements held by the	65574
county.	65575

Pursuant to section 755.171 of the Revised Code, a board of	65576
county commissioners may pledge and contribute revenue from a tax	65577
levied for the purpose of division (A)(5) of this section to the	65578
payment of debt charges on bonds issued under section 755.17 of	65579
the Revised Code.	65580

The rate of tax shall be a multiple of one-fourth of one per	65581
cent, unless a portion of the rate of an existing tax levied under	65582
section 5739.023 of the Revised Code has been reduced, and the	65583
rate of tax levied under this section has been increased, pursuant	65584
to section 5739.028 of the Revised Code, in which case the	65585
aggregate of the rates of tax levied under this section and	65586
section 5739.023 of the Revised Code shall be a multiple of	65587
one-fourth of one per cent. The tax shall be levied and the rate	65588
increased pursuant to a resolution adopted by a majority of the	65589
members of the board. The board shall deliver a certified copy of	65590
the resolution to the tax commissioner, not later than the	65591
sixty-fifth day prior to the date on which the tax is to become	65592
effective, which shall be the first day of a calendar quarter.	65593

Prior to the adoption of any resolution to levy the tax or to	65594
increase the rate of tax exclusively for the purpose set forth in	65595
division (A)(3) of this section, the board of county commissioners	65596
shall conduct two public hearings on the resolution, the second	65597
hearing to be no fewer than three nor more than ten days after the	65598
first. Notice of the date, time, and place of the hearings shall	65599
be given by publication in a newspaper of general circulation in	65600
the county once a week on the same day of the week for two	65601
consecutive weeks, the second publication being no fewer than ten	65602
nor more than thirty days prior to the first hearing. Except as	65603
provided in division (E) of this section, the resolution shall	65604
~~become effective on the first day of a calendar quarter following~~	65605
~~the expiration of sixty days from the date of its adoption,~~be	65606
subject to a referendum as provided in sections 305.31 to 305.41	65607
of the Revised Code. If the resolution is adopted as an emergency	65608
measure necessary for the immediate preservation of the public	65609
peace, health, or safety, it must receive an affirmative vote of	65610
all of the members of the board of county commissioners and shall	65611
state the reasons for the necessity.	65612

If the tax is for more than one of the purposes set forth in	65613
divisions (A)(1) to (7) and (9) of this section or is exclusively	65614
for one of the purposes set forth in division (A)(1), (2), (4),	65615
(5), (6), (7), or (9) of this section, the resolution shall not go	65616
into effect unless it is approved by a majority of the electors	65617
voting on the question of the tax.	65618

(B) The board of county commissioners shall adopt a	65619
resolution under section 351.02 of the Revised Code creating the	65620
convention facilities authority, or under section 307.283 of the	65621
Revised Code creating the community improvements board, before	65622
adopting a resolution levying a tax for the purpose of a	65623
convention facilities authority under division (A)(1) of this	65624
section or for the purpose of a community improvements board under	65625
division (A)(4) of this section.	65626

(C)(1) If the tax is to be used for more than one of the	65627
purposes set forth in divisions (A)(1) to (7) and (9) of this	65628
section, the board of county commissioners shall establish the	65629
method that will be used to determine the amount or proportion of	65630
the tax revenue received by the county during each year that will	65631
be distributed for each of those purposes, including, if	65632
applicable, provisions governing the reallocation of a convention	65633
facilities authority's allocation if the authority is dissolved	65634
while the tax is in effect. The allocation method may provide that	65635
different proportions or amounts of the tax shall be distributed	65636
among the purposes in different years, but it shall clearly	65637
describe the method that will be used for each year. Except as	65638
otherwise provided in division (C)(2) of this section, the	65639
allocation method established by the board is not subject to	65640
amendment during the life of the tax.	65641

(2) Subsequent to holding a public hearing on the proposed	65642
amendment, the board of county commissioners may amend the	65643
allocation method established under division (C)(1) of this	65644
section for any year, if the amendment is approved by the	65645
governing board of each entity whose allocation for the year would	65646
be reduced by the proposed amendment. In the case of a tax that is	65647
levied for a continuing period of time, the board may not so amend	65648
the allocation method for any year before the sixth year that the	65649
tax is in effect.	65650

(a) If the additional revenues provided to the convention	65651
facilities authority are pledged by the authority for the payment	65652
of convention facilities authority revenue bonds for as long as	65653
such bonds are outstanding, no reduction of the authority's	65654
allocation of the tax shall be made for any year except to the	65655
extent that the reduced authority allocation, when combined with	65656
the authority's other revenues pledged for that purpose, is	65657
sufficient to meet the debt service requirements for that year on	65658
such bonds.	65659

(b) If the additional revenues provided to the county are	65660
pledged by the county for the payment of bonds or notes described	65661
in division (A)(4) or (5) of this section, for as long as such	65662
bonds or notes are outstanding, no reduction of the county's or	65663
the community improvements board's allocation of the tax shall be	65664
made for any year, except to the extent that the reduced county or	65665
community improvements board allocation is sufficient to meet the	65666
debt service requirements for that year on such bonds or notes.	65667

(c) If the additional revenues provided to the transit	65668
authority are pledged by the authority for the payment of revenue	65669
bonds issued under section 306.37 of the Revised Code, for as long	65670
as such bonds are outstanding, no reduction of the authority's	65671
allocation of tax shall be made for any year, except to the extent	65672
that the authority's reduced allocation, when combined with the	65673
authority's other revenues pledged for that purpose, is sufficient	65674
to meet the debt service requirements for that year on such bonds.	65675

(d) If the additional revenues provided to the county are	65676
pledged by the county for the payment of bonds or notes issued	65677
under section 133.60 of the Revised Code, for so long as the bonds	65678
or notes are outstanding, no reduction of the county's allocation	65679
of the tax shall be made for any year, except to the extent that	65680
the reduced county allocation is sufficient to meet the debt	65681
service requirements for that year on the bonds or notes.	65682

(D)(1) The resolution levying the tax or increasing the rate	65683
of tax shall state the rate of the tax or the rate of the	65684
increase; the purpose or purposes for which it is to be levied;	65685
the number of years for which it is to be levied or that it is for	65686
a continuing period of time; the allocation method required by	65687
division (C) of this section; and if required to be submitted to	65688
the electors of the county under division (A) of this section, the	65689
date of the election at which the proposal shall be submitted to	65690
the electors of the county, which shall be not less than	65691
seventy-five days after the certification of a copy of the	65692
resolution to the board of elections and, if the tax is to be	65693
levied exclusively for the purpose set forth in division (A)(3) of	65694
this section, shall not occur in February or August of any year.	65695
Upon certification of the resolution to the board of elections,	65696
the board of county commissioners shall notify the tax	65697
commissioner in writing of the levy question to be submitted to	65698
the electors. If approved by a majority of the electors, the tax	65699
shall become effective on the first day of a calendar quarter next	65700
following the ~~sixtieth~~sixty-fifth day following the ~~certification~~	65701
~~of the results of the election to~~date the board of county	65702
commissioners and ~~the~~ tax commissioner byreceive from the board	65703
of elections the certification of the results of the election,	65704
except as provided in division (E) of this section.	65705

(2)(a) A resolution specifying that the tax is to be used	65706
exclusively for the purpose set forth in division (A)(3) of this	65707
section that is not adopted as an emergency measure may direct the	65708
board of elections to submit the question of levying the tax or	65709
increasing the rate of the tax to the electors of the county at a	65710
special election held on the date specified by the board of county	65711
commissioners in the resolution, provided that the election occurs	65712
not less than seventy-five days after the resolution is certified	65713
to the board of elections and the election is not held in February	65714
or August of any year. Upon certification of the resolution to the	65715
board of elections, the board of county commissioners shall notify	65716
the tax commissioner in writing of the levy question to be	65717
submitted to the electors. No resolution adopted under division	65718
(D)(2)(a) of this section shall go into effect unless approved by	65719
a majority of those voting upon it and, except as provided in	65720
division (E) of this section, not until the first day of a	65721
calendar quarter following the expiration of sixty-five days from	65722
the date ~~of the notice to~~ the tax commissioner byreceives notice	65723
from the board of elections of the affirmative vote.	65724

(b) A resolution specifying that the tax is to be used	65725
exclusively for the purpose set forth in division (A)(3) of this	65726
section that is adopted as an emergency measure shall become	65727
effective as provided in division (A) of this section, but may	65728
direct the board of elections to submit the question of repealing	65729
the tax or increase in the rate of the tax to the electors of the	65730
county at the next general election in the county occurring not	65731
less than seventy-five days after the resolution is certified to	65732
the board of elections. Upon certification of the resolution to	65733
the board of elections, the board of county commissioners shall	65734
notify the tax commissioner in writing of the levy question to be	65735
submitted to the electors. The ballot question shall be the same	65736
as that prescribed in section 5739.022 of the Revised Code. The	65737
board of elections shall notify the board of county commissioners	65738
and the tax commissioner of the result of the election immediately	65739
after the result has been declared. If a majority of the qualified	65740
electors voting on the question of repealing the tax or increase	65741
in the rate of the tax vote for repeal of the tax or repeal of the	65742
increase, the board of county commissioners, on the first day of a	65743
calendar quarter following the expiration of sixty-five days after	65744
the date itthe board and tax commissioner received notice of the	65745
result of the election, shall, in the case of a repeal of the tax,	65746
cease to levy the tax, or, in the case of a repeal of an increase	65747
in the rate of the tax, cease to levy the increased rate and levy	65748
the tax at the rate at which it was imposed immediately prior to	65749
the increase in rate.	65750

(c) A board of county commissioners, by resolution, may	65751
reduce the rate of a tax levied exclusively for the purpose set	65752
forth in division (A)(3) of this section to a lower rate	65753
authorized by this section. Any such reduction shall be made	65754
effective on the first day of the calendar quarter ~~specified in~~	65755
~~the resolution, but not sooner than the first day of the month~~	65756
next following the ~~sixtieth~~sixty-fifth day after the ~~resolution~~	65757
~~is certified to the~~ tax commissioner receives a certified copy of	65758
the resolution from the board.	65759

(E) If a vendor that is registered with the central	65760
electronic registration system provided for in section 5740.05 of	65761
the Revised Code makes a sale in this state by printed catalog and	65762
the consumer computed the tax on the sale based on local rates	65763
published in the catalog, any tax levied or repealed or rate	65764
changed under this section shall not apply to such a sale until	65765
the first day of a calendar quarter following the expiration of	65766
one hundred twenty days from the date of notice by the tax	65767
commissioner ~~to the vendor, or to the vendor's certified service~~	65768
~~provider, if the vendor has selected one~~pursuant to division (G)	65769
of this section.	65770

(F) The tax levied pursuant to this section shall be in	65771
addition to the tax levied by section 5739.02 of the Revised Code	65772
and any tax levied pursuant to section 5739.021 or 5739.023 of the	65773
Revised Code.	65774

A county that levies a tax pursuant to this section shall	65775
levy a tax at the same rate pursuant to section 5741.023 of the	65776
Revised Code.	65777

The additional tax levied by the county shall be collected	65778
pursuant to section 5739.025 of the Revised Code.	65779

Any tax levied pursuant to this section is subject to the	65780
exemptions provided in section 5739.02 of the Revised Code and in	65781
addition shall not be applicable to sales not within the taxing	65782
power of a county under the Constitution of the United States or	65783
the Ohio Constitution.	65784

(G) Upon receipt from a board of county commissioners of a	65785
certified copy of a resolution required by division (A) of this	65786
section, or from the board of elections a notice of the results of	65787
an election required by division (D)(1), (2)(a), (b), or (c) of	65788
this section, the tax commissioner shall provide notice of a tax	65789
rate change in a manner that is reasonably accessible to all	65790
affected vendors. The commissioner shall provide this notice at	65791
least sixty days prior to the effective date of the rate change.	65792
The commissioner, by rule, may establish the method by which	65793
notice will be provided.	65794

Sec. 5739.03. Except as provided in section 5739.05 of the	65795
Revised Code, the tax imposed by or pursuant to section 5739.02,	65796
5739.021, 5739.023, or 5739.026 of the Revised Code shall be paid	65797
by the consumer to the vendor, and each vendor shall collect from	65798
the consumer, as a trustee for the state of Ohio, the full and	65799
exact amount of the tax payable on each taxable sale, in the	65800
manner and at the times provided as follows:	65801

(A) If the price is, at or prior to the provision of the	65802
service or the delivery of possession of the thing sold to the	65803
consumer, paid in currency passed from hand to hand by the	65804
consumer or the consumer's agent to the vendor or the vendor's	65805
agent, the vendor or the vendor's agent shall collect the tax with	65806
and at the same time as the price;	65807

(B) If the price is otherwise paid or to be paid, the vendor	65808
or the vendor's agent shall, at or prior to the provision of the	65809
service or the delivery of possession of the thing sold to the	65810
consumer, charge the tax imposed by or pursuant to section	65811
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to	65812
the account of the consumer, which amount shall be collected by	65813
the vendor from the consumer in addition to the price. Such sale	65814
shall be reported on and the amount of the tax applicable thereto	65815
shall be remitted with the return for the period in which the sale	65816
is made, and the amount of the tax shall become a legal charge in	65817
favor of the vendor and against the consumer.	65818

If any sale is claimed to be exempt under division (E) of	65819
section 5739.01 of the Revised Code or under section 5739.02 of	65820
the Revised Code, with the exception of divisions (B)(1) to (11)	65821
or (28) of section 5739.02 of the Revised Code, the consumer must	65822
furnish to the vendor, and the vendor must obtain from the	65823
consumer, a certificate specifying the reason that the sale is not	65824
legally subject to the tax. If the transaction is claimed to be	65825
exempt under division (B)(13) of section 5739.02 of the Revised	65826
Code, the exemption certificate shall be signed by both the	65827
contractor and the contractee and such contractee shall be deemed	65828
to be the consumer of all items purchased under such claim of	65829
exemption in the event it is subsequently determined that the	65830
exemption is not properly claimed. The certificate shall be in	65831
such form as the tax commissioner by regulation prescribes. If no	65832
certificate is furnished or obtained within the period for filing	65833
the return for the period in which such sale is consummated, it	65834
shall be presumed that the tax applies. ~~The~~ Failure to have so	65835
furnished, or to have so obtained, a certificate shall not prevent	65836
a vendor or consumer from establishing that the sale is not	65837
~~subjuct~~subject to the tax within ~~sixty~~ one hundred twenty days of	65838
the giving of notice by the commissioner of intention to levy an	65839
~~assassment~~assessment, in which event the tax shall not apply.	65840

Certificates need not be obtained nor furnished where the	65841
identity of the consumer is such that the transaction is never	65842
subject to the tax imposed or where the item of tangible personal	65843
property sold or the service provided is never subject to the tax	65844
imposed, regardless of use, or when the sale is in interstate	65845
commerce.	65846

(C) As used in this division, "contractee" means a person who	65847
seeks to enter or enters into a contract or agreement with a	65848
contractor or vendor for the construction of real property or for	65849
the sale and installation onto real property of tangible personal	65850
property.	65851

Any contractor or vendor may request from any contractee a	65852
certification of what portion of the property to be transferred	65853
under such contract or agreement is to be incorporated into the	65854
realty and what portion will retain its status as tangible	65855
personal property after installation is completed. The contractor	65856
or vendor shall request the certification by certified mail	65857
delivered to the contractee, return receipt requested. Upon	65858
receipt of such request and prior to entering into the contract or	65859
agreement, the contractee shall furnish to the contractor or	65860
vendor a certification sufficiently detailed to enable the	65861
contractor or vendor to ascertain the resulting classification of	65862
all materials purchased or fabricated by the contractor or vendor	65863
and transferred to the contractee. This requirement applies to a	65864
contractee regardless of whether the contractee holds a direct	65865
payment permit under section 5739.031 of the Revised Code or	65866
furnishes to the contractor or vendor an exemption certificate as	65867
provided under this section.	65868

For the purposes of the taxes levied by this chapter and	65869
Chapter 5741. of the Revised Code, the contractor or vendor may in	65870
good faith rely on the contractee's certification. Notwithstanding	65871
division (B) of section 5739.01 of the Revised Code, if the tax	65872
commissioner determines that certain property certified by the	65873
contractee as tangible personal property pursuant to this division	65874
is, in fact, real property, the contractee shall be considered to	65875
be the consumer of all materials so incorporated into that real	65876
property and shall be liable for the applicable tax, and the	65877
contractor or vendor shall be excused from any liability on those	65878
materials.	65879

If a contractee fails to provide such certification upon the	65880
request of the contractor or vendor, the contractor or vendor	65881
shall comply with the provisions of this chapter and Chapter 5741.	65882
of the Revised Code without the certification. If the tax	65883
commissioner determines that such compliance has been performed in	65884
good faith and that certain property treated as tangible personal	65885
property by the contractor or vendor is, in fact, real property,	65886
the contractee shall be considered to be the consumer of all	65887
materials so incorporated into that real property and shall be	65888
liable for the applicable tax and the construction contractor or	65889
vendor shall be excused from any liability on those materials.	65890

This division does not apply to any contract or agreement	65891
where the tax commissioner determines as a fact that a	65892
certification under this division was made solely on the decision	65893
or advice of the contractor or vendor.	65894

(D) Notwithstanding division (B) of section 5739.01 of the	65895
Revised Code, whenever the total rate of tax imposed under this	65896
chapter is increased after the date after a construction contract	65897
is entered into, the contractee shall reimburse the construction	65898
contractor for any additional tax paid on tangible property	65899
consumed or services received pursuant to the contract.	65900

(E) A vendor who files a petition for reassessment contesting	65901
the assessment of tax on sales for which the vendor obtained no	65902
valid exemption certificates and for which the vendor failed to	65903
establish that the sales were properly not subject to the tax	65904
during the one-hundred-twenty-day period allowed under division	65905
(B) of this section, may present to the tax commissioner	65906
additional evidence to prove that the sales were properly subject	65907
to a claim of exception or exemption. The vendor shall file such	65908
evidence within ninety days of the receipt by the vendor of the	65909
notice of assessment, except that, upon application and for	65910
reasonable cause, the period for submitting such evidence shall be	65911
extended thirty days.	65912

The commissioner shall consider such additional evidence in	65913
reaching the final determination on the assessment and petition	65914
for reassessment.	65915

(F) Whenever a vendor refunds to the consumer the full price	65916
of an item of tangible personal property on which the tax imposed	65917
under this chapter has been paid, the vendor shall also refund the	65918
full amount of the tax paid.	65919

Sec. 5739.032. (A) If the total amount of tax required to be	65920
paid by a permit holder under section 5739.031 of the Revised Code	65921
for any calendar year ~~indicated in the following schedule~~ equals	65922
or exceeds ~~the amounts prescribed for that year in the schedule~~	65923
seventy-five thousand dollars, the permit holder shall remit each	65924
monthly tax payment in the second ensuing and each succeeding year	65925
by electronic funds transfer as prescribed by division (B) of this	65926
section.	65927

~~Year~~		~~1992~~		~~1993 through 1999~~	~~2000 and thereafter~~		65928
~~Tax payment~~		~~$1,200,000~~		~~$600,000~~	~~$60,000~~		65929

If a permit holder's tax payment for each of two consecutive	65930
years ~~beginning with 2000~~ is less than ~~sixty~~seventy-five thousand	65931
dollars, the permit holder is relieved of the requirement to remit	65932
taxes by electronic funds transfer for the year that next follows	65933
the second of the consecutive years in which the tax payment is	65934
less than ~~sixty thousand dollars~~that amount, and is relieved of	65935
that requirement for each succeeding year, unless the tax payment	65936
in a subsequent year equals or exceeds ~~sixty~~seventy-five thousand	65937
dollars.	65938

The tax commissioner shall notify each permit holder required	65939
to remit taxes by electronic funds transfer of the permit holder's	65940
obligation to do so, shall maintain an updated list of those	65941
permit holders, and shall timely certify the list and any	65942
additions thereto or deletions therefrom to the treasurer of	65943
state. Failure by the tax commissioner to notify a permit holder	65944
subject to this section to remit taxes by electronic funds	65945
transfer does not relieve the permit holder of its obligation to	65946
remit taxes by electronic funds transfer.	65947

(B) Permit holders required by division (A) of this section	65948
to remit payments by electronic funds transfer shall remit such	65949
payments to the treasurer of state in the manner prescribed by	65950
this section and rules adopted by the treasurer of state under	65951
section 113.061 of the Revised Code, and on or before the	65952
following dates:	65953

(1) On or before each of the ~~eleventh, eighteenth,~~fifteenth	65954
and twenty-fifth days of each month, a permit holder shall remit	65955
an amount equal to ~~one-fourth~~thirty-seven and one-half per cent	65956
of the permit holder's total tax liability for the same month in	65957
the preceding calendar year.	65958

(2) On or before the twenty-third day of each month, a permit	65959
holder shall report the taxes due for the previous month and shall	65960
remit that amount, less any amounts paid for that month as	65961
required by division (B)(1) of this section.	65962

The payment of taxes by electronic funds transfer does not	65963
affect a permit holder's obligation to file the monthly return as	65964
required under section 5739.031 of the Revised Code.	65965

(C) A permit holder required by this section to remit taxes	65966
by electronic funds transfer may apply to the treasurer of state	65967
in the manner prescribed by the treasurer of state to be excused	65968
from that requirement. The treasurer of state may excuse the	65969
permit holder from remittance by electronic funds transfer for	65970
good cause shown for the period of time requested by the permit	65971
holder or for a portion of that period. The treasurer of state	65972
shall notify the tax commissioner and the permit holder of the	65973
treasurer of state's decision as soon as is practicable.	65974

(D)(1) If a permit holder that is required to remit payments	65975
under division (B) of this section fails to make a payment, the	65976
commissioner may impose an additional charge not to exceed five	65977
per cent of that unpaid amount.	65978

(2) If a permit holder required by this section to remit	65979
taxes by electronic funds transfer remits those taxes by some	65980
means other than by electronic funds transfer as prescribed by	65981
this section and the rules adopted by the treasurer of state, and	65982
the tax commissioner determines that such failure was not due to	65983
reasonable cause or was due to willful neglect, the commissioner	65984
may impose an additional charge not to exceed the lesser of five	65985
per cent of the amount of the taxes required to be paid by	65986
electronic funds transfer or five thousand dollars.	65987

(3) Any additional charge imposed under division (D)(1) or	65988
(2) of this section is in addition to any other penalty or charge	65989
imposed under this chapter, and shall be considered as revenue	65990
arising from taxes imposed under this chapter. An additional	65991
charge may be collected by assessment in the manner prescribed by	65992
section 5739.13 of the Revised Code. The tax commissioner may	65993
waive all or a portion of such a charge and may adopt rules	65994
governing such waiver.	65995

No additional charge shall be imposed under division (D)(2)	65996
of this section against a permit holder that has been notified of	65997
its obligation to remit taxes under this section and that remits	65998
its first two tax payments after such notification by some means	65999
other than electronic funds transfer. The additional charge may be	66000
imposed upon the remittance of any subsequent tax payment that the	66001
permit holder remits by some means other than electronic funds	66002
transfer.	66003

Sec. 5739.033. The amount of tax due pursuant to sections	66004
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code is	66005
the sum of the taxes imposed pursuant to those sections at the	66006
situs of the sale as determined under this section or, if	66007
applicable, under division (C) of section 5739.031 of the Revised	66008
Code.	66009

(A) Except as otherwise provided in this section, division	66010
(C) of section 5739.031, and section 5739.034 of the Revised Code,	66011
the situs of all sales is the vendor's place of business.	66012

(1) If the consumer or the consumer's agent takes possession	66013
of the tangible personal property at a place of business of the	66014
vendor where the purchase contract or agreement was made, the	66015
situs of the sale is that place of business.	66016

(2) If the consumer or the consumer's agent takes possession	66017
of the tangible personal property other than at a place of	66018
business of the vendor, or takes possession at a warehouse or	66019
similar facility of the vendor, the situs of the sale is the	66020
vendor's place of business where the purchase contract or	66021
agreement was made or the purchase order was received.	66022

(3) If the vendor provides a service specified in division	66023
(B)(3)(a), (b), (c), (d), (n), or (o), (r), (s), or (t) of section	66024
5739.01 or makes a sale specified in division (B)(8) of section	66025
5739.01 of the Revised Code, the situs of the sale is the vendor's	66026
place of business where the service is performed or the contract	66027
or agreement for the service was made or the purchase order was	66028
received.	66029

(B) If the vendor is a transient vendor as specified in	66030
division (B) of section 5739.17 of the Revised Code, the situs of	66031
the sale is the vendor's temporary place of business or, if the	66032
transient vendor is the lessor of titled motor vehicles, titled	66033
watercraft, or titled outboard motors, at the location where the	66034
lessee keeps the leased property.	66035

(C) If the vendor makes sales of tangible personal property	66036
from a stock of goods carried in a motor vehicle, from which the	66037
purchaser makes selection and takes possession, or from which the	66038
vendor sells tangible personal property the quantity of which has	66039
not been determined prior to the time the purchaser takes	66040
possession, the situs of the sale is the location of the motor	66041
vehicle when the sale is made.	66042

(D) If the vendor is a delivery vendor as specified in	66043
division (D) of section 5739.17 of the Revised Code, the situs of	66044
the sale is the place where the tangible personal property is	66045
delivered, where the leased property is used, or where the service	66046
is performed or received.	66047

(E) If the vendor provides a service specified in division	66048
(B)(3)(e), (g), (h), (j), (k), (l), or (m), (q), or (u) of section	66049
5739.01 of the Revised Code, the situs of the sale is the location	66050
of the consumer where the service is performed or received.	66051

(F) ~~Except as provided in division (I) or (J) of this~~	66052
~~section:~~	66053

(1) If the vendor provides a service specified in division	66054
(B)(3)(f) or (i) of section 5739.01 of the Revised Code, the situs	66055
of the sale is the location of the telephone number or account as	66056
reflected in the records of the vendor.	66057

(2) In the case of a telecommunications service, if the	66058
telephone number or account is located outside this state, the	66059
situs of the sale is the location in this state from which the	66060
service originated.	66061

(G) If the vendor provides lodging to transient guests as	66062
specified in division (B)(2) of section 5739.01 of the Revised	66063
Code, the situs of the sale is the location where the lodging is	66064
located.	66065

(H) If the vendor sells a warranty, maintenance or service	66066
contract, or similar agreement as specified in division (B)(7) of	66067
section 5739.01 of the Revised Code and the vendor is a delivery	66068
vendor, the situs of the sale is the location of the consumer. If	66069
the vendor is not a delivery vendor, the situs of the sale is the	66070
vendor's place of business where the contract or agreement was	66071
made, unless the warranty or contract is a component of the sale	66072
of a titled motor vehicle, titled watercraft, or titled outboard	66073
motor, in which case the situs of the sale is the county of	66074
titling.	66075

~~(I) Except as otherwise provided in this division, if the~~	66076
~~vendor sells a prepaid authorization number or a prepaid telephone~~	66077
~~calling card, the situs of the sale is the vendor's place of~~	66078
~~business and shall be taxed at the time of sale. If the vendor~~	66079
~~sells a prepaid authorization number or prepaid telephone calling~~	66080
~~card through a telephone call, electronic commerce, or any other~~	66081
~~form of remote commerce, the situs of the sale is the consumer's~~	66082
~~shipping address, or, if there is no item shipped, at the~~	66083
~~consumer's billing address.~~	66084

Sec. 5739.034. (A) As used in this section:

66085

(1) "Air-to-ground radiotelephone service" means a radio	66086
service, as defined in 47 C.F.R. 22.99, in which common carriers	66087
are authorized to offer and provide radio telecommunications	66088
service for hire to subscribers in aircraft.	66089

(2) "Call-by-call basis" means any method of charging for	66090
telecommunications services where the price is measured by	66091
individual calls.	66092

(3) "Communications channel" means a physical or virtual path	66093
of communications over which signals are transmitted between or	66094
among customer channel termination points.	66095

(4) "Customer" means the person or entity that contracts with	66096
a seller of telecommunications service. If the end user of	66097
telecommunications service is not the contracting party, the end	66098
user of the telecommunications service is the customer of the	66099
telecommunications service. "Customer" does not include a reseller	66100
of telecommunications service or of mobile telecommunications	66101
service of a serving carrier under an agreement to serve the	66102
customer outside the home service provider's licensed service	66103
area.	66104

(5) "Customer channel termination point" means the location	66105
where the customer inputs or receives the communications.	66106

(6) "End user" means the person who utilizes the	66107
telecommunications service. In the case of a person other than an	66108
individual, "end user" means the individual who utilizes the	66109
service on behalf of the person.	66110

(7) "Home service provider" has the same meaning as in the	66111
"Mobile Telecommunications Sourcing Act," Pub. L. No. 106-252, 114	66112
Stat. 631 (2000), 4 U.S.C. 124(5), as amended.	66113

(8) "Mobile telecommunications service" has the same meaning	66114
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	66115
106-252, 114 Stat. 631 (2000), 4 U.S.C. 124(7), as amended.	66116

(9) "Place of primary use" means the street address	66117
representative of where the customer's use of the	66118
telecommunications service primarily occurs, which must be the	66119
residential street address or the primary business street address	66120
of the customer. In the case of mobile telecommunications	66121
services, "place of primary use" must be within the licensed	66122
service area of the home service provider.	66123

(10) "Post-paid calling service" means the telecommunications	66124
service obtained by making a payment on a call-by-call basis	66125
either through the use of a credit card or payment mechanism such	66126
as a bank card, travel card, credit card, or debit card, or by	66127
charge made to a telephone number that is not associated with the	66128
origination or termination of the telecommunications service.	66129
"Post-paid calling service" includes a telecommunications service	66130
that would be a prepaid calling service, but for the fact that it	66131
is not exclusively a telecommunications service.	66132

(11) "Prepaid calling service" means the right to access	66133
exclusively a telecommunications service that must be paid for in	66134
advance, that enables the origination of calls using an access	66135
number or authorization code, whether manually or electronically	66136
dialed, and that is sold in predetermined units or dollars of	66137
which the number declines with use in a known amount.	66138

(12) "Private communication service" means a	66139
telecommunications service that entitles the customer to exclusive	66140
or priority use of a communications channel or group of channels	66141
between or among termination points, regardless of the manner in	66142
which the channel or channels are connected, and includes	66143
switching capacity, extension lines, stations, and any other	66144
associated services that are provided in connection with the use	66145
of the channel or channels.	66146

(13) "Service address" means:

66147

(a) The location of the telecommunications equipment to which	66148
a customer's call is charged and from which the call originates or	66149
terminates, regardless of where the call is billed or paid.	66150

(b) If the location in division (A)(13)(a) of this section is	66151
not known, "service address" means the origination point of the	66152
signal of the telecommunications service first identified by	66153
either the seller's telecommunications system or in information	66154
received by the seller from its service provider, where the system	66155
used to transport such signals is not that of the seller.	66156

(c) If the locations in divisions (A)(13)(a) and (b) of this	66157
section are not known, "service address" means the location of the	66158
customer's place of primary use.	66159

(B) The amount of tax due pursuant to sections 5739.02,	66160
5739.021, 5739.023, and 5739.026 of the Revised Code on sales of	66161
telecommunications service, information service, or mobile	66162
telecommunications service, is the sum of the taxes imposed	66163
pursuant to those sections at the sourcing location of the sale as	66164
determined under this section.	66165

(C) Except for the telecommunications services described in	66166
division (E) of this section, the sale of telecommunications	66167
service sold on a call-by-call basis shall be sourced to each	66168
level of taxing jurisdiction where the call originates and	66169
terminates in that jurisdiction, or each level of taxing	66170
jurisdiction where the call either originates or terminates and in	66171
which the service address also is located.	66172

(D) Except for the telecommunications services described in	66173
division (E) of this section, a sale of telecommunications	66174
services sold on a basis other than a call-by-call basis shall be	66175
sourced to the customer's place of primary use.	66176

(E) The sale of the following telecommunications services	66177
shall be sourced to each level of taxing jurisdiction, as follows:	66178

(1) A sale of mobile telecommunications service, other than	66179
air-to-ground radiotelephone service and prepaid calling service,	66180
shall be sourced to the customer's place of primary use as	66181
required by the Mobile Telecommunications Sourcing Act.	66182

(2) A sale of post-paid calling service shall be sourced to	66183
the origination point of the telecommunications signal as first	66184
identified by the service provider's telecommunications system, or	66185
information received by the seller from its service provider,	66186
where the system used to transport such signals is not that of the	66187
seller.	66188

(3) A sale of prepaid calling service shall be sourced under	66189
section 5739.033 of the Revised Code; but in the case of a sale of	66190
mobile telecommunications service that is a prepaid	66191
telecommunications service, in lieu of sourcing the service under	66192
division (A)(5) of section 5739.033 of the Revised Code, the	66193
service may be sourced to the location associated with the mobile	66194
telephone number.	66195

(4) A sale of a private communication service shall be	66196
sourced as follows:	66197

(a) Service for a separate charge related to a customer	66198
channel termination point shall be sourced to each level of	66199
jurisdiction in which such customer channel termination point is	66200
located.	66201

(b) Service where all customer termination points are located	66202
entirely within one jurisdiction or level of jurisdiction shall be	66203
sourced in the jurisdiction in which the customer channel	66204
termination points are located.	66205

(c) Service for segments of a channel between two customer	66206
channel termination points located in different jurisdictions and	66207
which segments of channel are separately charged shall be sourced	66208
fifty per cent in each level of jurisdiction in which the customer	66209
channel termination points are located.	66210

(d) Service for segments of a channel located in more than	66211
one jurisdiction or levels of jurisdiction and which segments are	66212
not separately billed shall be sourced in each jurisdiction, based	66213
on the percentage determined by dividing the number of customer	66214
channel termination points in such jurisdiction by the total	66215
number of customer channel termination points.	66216

Sec. 5739.10. (A) In addition to the tax levied inby	66217
section 5739.02 of the Revised Code and any tax levied pursuant to	66218
section 5739.021, 5739.023, or 5739.026 of the Revised Code, and	66219
to secure the same objectives specified in ~~said~~those sections,	66220
there is hereby levied upon the privilege of engaging in the	66221
business of making retail sales, an excise tax of five per cent,	66222
or, in the case of retail sales subject to a tax levied pursuant	66223
to section 5739.021, 5739.023, or 5739.026 of the Revised Code, a	66224
percentage equal to the aggregate rate of such taxes and the tax	66225
levied by section 5739.02 of the Revised Code of the receipts	66226
derived from all retail sales, except ~~retail sales under sixteen~~	66227
~~cents and~~ those to which the excise tax imposed by section 5739.02	66228
of the Revised Code is made inapplicable by division (B) of ~~said~~	66229
that section.	66230

(B) For the purpose of this section, no vendor shall be	66231
required to maintain records of ~~individual retail sales of~~	66232
~~tangible personal property under sixteen cents or~~ sales of food	66233
for human consumption off the premises where sold, and no	66234
assessment shall be made against any vendor for ~~retail sales of~~	66235
~~less than sixteen cents or for~~ sales of food for human consumption	66236
off the premises where sold, solely because the vendor has no	66237
records of, or has inadequate records of, ~~retail sales of less~~	66238
~~than sixteen cents or~~such sales ~~of food for human consumption off~~	66239
~~the premises where sold~~; provided that where a vendor does not	66240
have adequate records of receipts from ~~his retail sales in excess~~	66241
~~of fifteen cents or~~the vendor's sales of food for human	66242
consumption on the premises where sold, the tax commissioner may	66243
refuse to accept the vendor's return and, upon the basis of test	66244
checks of the vendor's business for a representative period, and	66245
other information relating to the sales made by such vendor,	66246
determine the proportion that taxable retail sales bear to all ~~his~~	66247
of the vendor's retail sales. The tax imposed by this section	66248
shall be determined by deducting from the sum representing five	66249
per cent, or, in the case of retail sales subject to a tax levied	66250
pursuant to section 5739.021, 5739.023, or 5739.026 of the Revised	66251
Code, a percentage equal to the aggregate rate of such taxes and	66252
the tax levied by section 5739.02 of the Revised Code of the	66253
receipts from such retail sales, the amount of tax paid to the	66254
state or to a clerk of a court of common pleas. The section does	66255
not affect any duty of the vendor under sections 5739.01 to	66256
5739.19 and 5739.26 to 5739.31 of the Revised Code, nor the	66257
liability of any consumer to pay any tax imposed by or pursuant to	66258
section 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised	66259
Code.	66260

Sec. 5739.12. (A) Each person who has or is required to have	66261
a vendor's license, on or before the twenty-third day of each	66262
month, shall make and file a return for the preceding month, on	66263
forms prescribed by the tax commissioner, and shall pay the tax	66264
shown on the return to be due. The commissioner may require a	66265
vendor that operates from multiple locations or has multiple	66266
vendor's licenses to report all tax liabilities on one	66267
consolidated return. The return shall show the amount of tax due	66268
from the vendor to the state for the period covered by the return	66269
and such other information as the commissioner deems necessary for	66270
the proper administration of this chapter. The commissioner may	66271
extend the time for making and filing returns and paying the tax,	66272
and may require that the return for the last month of any annual	66273
or semiannual period, as determined by the commissioner, be a	66274
reconciliation return detailing the vendor's sales activity for	66275
the preceding annual or semiannual period. The reconciliation	66276
return shall be filed by the last day of the month following the	66277
last month of the annual or semiannual period. The commissioner	66278
may remit all or any part of amounts or penalties that may become	66279
due under this chapter and may adopt rules relating thereto. Such	66280
return shall be filed by mailing it to the tax commissioner,	66281
together with payment of the amount of tax shown to be due thereon	66282
after deduction of any discount provided for under this section.	66283
Remittance shall be made payable to the treasurer of state. The	66284
return shall be considered filed when received by the tax	66285
commissioner, and the payment shall be considered made when	66286
received by the tax commissioner or when credited to an account	66287
designated by the treasurer of state or the tax commissioner.	66288

(B) If the return is filed and the amount of tax shown	66289
thereon to be due is paid on or before the date such return is	66290
required to be filed, the vendor shall be entitled to athe	66291
following discount ~~of three-fourths~~:	66292

(1) On and after July 1, 2003, and on and before June 30,	66293
2005, one and one-tenth per cent of the amount shown to be due on	66294
the return;	66295

(2) On and after July 1, 2005, three-fourths of one per cent	66296
of the amount shown to be due on the return~~, but a~~.	66297

A vendor that has selected a certified service provider as	66298
its agent shall not be entitled to the discount. Amounts paid to	66299
the clerk of courts pursuant to section 4505.06 of the Revised	66300
Code shall be subject to the ~~three-fourths of one per cent~~	66301
applicable discount. The discount shall be in consideration for	66302
prompt payment to the clerk of courts and for other services	66303
performed by the vendor in the collection of the tax.	66304

(C)(1) Upon application to the commissioner, a vendor who is	66305
required to file monthly returns may be relieved of the	66306
requirement to report and pay the actual tax due, provided that	66307
the vendor agrees to remit to the tax commissioner payment of not	66308
less than an amount determined by the commissioner to be the	66309
average monthly tax liability of the vendor, based upon a review	66310
of the returns or other information pertaining to such vendor for	66311
a period of not less than six months nor more than two years	66312
immediately preceding the filing of the application. Vendors who	66313
agree to the above conditions shall make and file an annual or	66314
semiannual reconciliation return, as prescribed by the	66315
commissioner. The reconciliation return shall be filed by mailing	66316
or delivering it to the tax commissioner, together with payment of	66317
the amount of tax shown to be due thereon after deduction of any	66318
discount provided in this section. Remittance shall be made	66319
payable to the treasurer of state. Failure of a vendor to comply	66320
with any of the above conditions may result in immediate	66321
reinstatement of the requirement of reporting and paying the	66322
actual tax liability on each monthly return, and the commissioner	66323
may at the commissioner's discretion deny the vendor the right to	66324
report and pay based upon the average monthly liability for a	66325
period not to exceed two years. The amount ascertained by the	66326
commissioner to be the average monthly tax liability of a vendor	66327
may be adjusted, based upon a review of the returns or other	66328
information pertaining to the vendor for a period of not less than	66329
six months nor more than two years preceding such adjustment.	66330

(2) The commissioner may authorize vendors whose tax	66331
liability is not such as to merit monthly returns, as ascertained	66332
by the commissioner upon the basis of administrative costs to the	66333
state, to make and file returns at less frequent intervals. When	66334
returns are filed at less frequent intervals in accordance with	66335
such authorization, the vendor shall be allowed the discount of	66336
~~three-fourths of one per cent~~provided in this section in	66337
consideration for prompt payment with the return, provided the	66338
return is filed together with payment of the amount of tax shown	66339
to be due thereon, at the time specified by the commissioner, but	66340
a vendor that has selected a certified service provider as its	66341
agent shall not be entitled to the discount.	66342

(D) Any vendor who fails to file a return or pay the full	66343
amount of the tax shown on the return to be due under this section	66344
and the rules of the commissioner may, for each such return the	66345
vendor fails to file or each such tax the vendor fails to pay in	66346
full as shown on the return within the period prescribed by this	66347
section and the rules of the commissioner, be required to forfeit	66348
and pay into the state treasury an additional charge not exceeding	66349
fifty dollars or ten per cent of the tax required to be paid for	66350
the reporting period, whichever is greater, as revenue arising	66351
from the tax imposed by this chapter, and such sum may be	66352
collected by assessment in the manner provided in section 5739.13	66353
of the Revised Code. The commissioner may remit all or a portion	66354
of the additional charge and may adopt rules relating to the	66355
imposition and remission of the additional charge.	66356

(E) If the amount required to be collected by a vendor from	66357
consumers is in excess of ~~five per cent~~the applicable percentage	66358
of the vendor's receipts from sales that are taxable under section	66359
5739.02 of the Revised Code, or in the case of sales subject to a	66360
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	66361
the Revised Code, in excess of the percentage equal to the	66362
aggregate rate of such taxes and the tax levied by section 5739.02	66363
of the Revised Code, such excess shall be remitted along with the	66364
remittance of the amount of tax due under section 5739.10 of the	66365
Revised Code.	66366

(F) The commissioner, if the commissioner deems it necessary	66367
in order to insure the payment of the tax imposed by this chapter,	66368
may require returns and payments to be made for other than monthly	66369
periods. The returns shall be signed by the vendor or the vendor's	66370
authorized agent.	66371

(G) Any vendor required to file a return and pay the tax	66372
under this section, whose total payment ~~in any year indicated in~~	66373
~~division (A) of section 5739.122 of the Revised Code~~ equals or	66374
exceeds the amount shown in ~~that~~ division (A) of section 5739.122	66375
of the Revised Code, shall make each payment required by this	66376
section in the second ensuing and each succeeding year by	66377
electronic funds transfer as prescribed by, and on or before the	66378
dates specified in, section 5739.122 of the Revised Code, except	66379
as otherwise prescribed by that section. For a vendor that	66380
operates from multiple locations or has multiple vendor's	66381
licenses, in determining whether the vendor's total payment equals	66382
or exceeds the amount shown in division (A) of that section, the	66383
vendor's total payment amount shall be the amount of the vendor's	66384
total tax liability for the previous calendar year for all of the	66385
vendor's locations or licenses.	66386

Sec. 5739.121. (A) As used in this section, "bad debt" means	66387
any debt that has become worthless or uncollectible in the time	66388
period between a vendor's preceding return and the present return,	66389
~~have~~has been uncollected for at least six months, and that may be	66390
claimed as a deduction pursuant to the "Internal Revenue Code of	66391
1954," 68A Stat. 50, 26 U.S.C. 166, as amended, and regulations	66392
adopted pursuant thereto, or that could be claimed as such a	66393
deduction if the vendor kept accounts on an accrual basis. "Bad	66394
debt" does not include any interest or sales tax on the purchase	66395
price, uncollectible amounts on property that remains in the	66396
possession of the vendor until the full purchase price is paid,	66397
expenses incurred in attempting to collect any account receivable	66398
or for any portion of the debt recovered, ~~any accounts receivable~~	66399
~~that have been sold to a third party for collection,~~ and	66400
repossessed property.	66401

(B) In computing taxable receipts for purposes of this	66402
chapter, a vendor may deduct the amount of bad debts~~, as defined~~	66403
~~in this section~~. The amount deducted must be charged off as	66404
uncollectible on the books of the vendor. A deduction may be	66405
claimed only with respect to bad debts on which the taxes pursuant	66406
to sections 5739.10 and 5739.12 of the Revised Code were paid in a	66407
preceding tax period. If the vendor's business consists of taxable	66408
and nontaxable transactions, the deduction shall equal the full	66409
amount of the debt if the debt is documented as a taxable	66410
transaction in the vendor's records. If no such documentation is	66411
available, the maximum deduction on any bad debt shall equal the	66412
amount of the bad debt multiplied by the quotient obtained by	66413
dividing the sales taxed pursuant to this chapter during the	66414
preceding calendar year by all sales during the preceding calendar	66415
year, whether taxed or not. If a consumer or other person pays all	66416
or part of a bad debt with respect to which a vendor claimed a	66417
deduction under this section, the vendor shall be liable for the	66418
amount of taxes deducted in connection with that portion of the	66419
debt for which payment is received and shall remit such taxes in	66420
the vendor's next payment to the tax commissioner.	66421

(C) Any claim for a bad debt deduction under this section	66422
shall be supported by such evidence as the tax commissioner by	66423
rule requires. The commissioner shall review any change in the	66424
rate of taxation applicable to any taxable sales by a vendor	66425
claiming a deduction pursuant to this section and adopt rules for	66426
altering the deduction in the event of such a change in order to	66427
ensure that the deduction on any bad debt does not result in the	66428
vendor claiming the deduction recovering any more or less than the	66429
taxes imposed on the sale that constitutes the bad debt.	66430

(D) In any reporting period in which the amount of bad debt	66431
exceeds the amount of taxable sales for the period, the vendor may	66432
file a refund claim for any tax collected on the bad debt in	66433
excess of the tax reported on the return. The refund claim shall	66434
be filed in the manner provided in section 5739.07 of the Revised	66435
Code, except that the claim may be filed within four years of the	66436
due date of the return on which the bad debt first could have been	66437
claimed.	66438

(E) When the filing responsibilities of a vendor have been	66439
assumed by a certified service provider, the certified service	66440
provider shall claim the bad debt allowance provided by this	66441
section on behalf of the vendor. The certified service provider	66442
shall credit or refund to the vendor the full amount of any bad	66443
debt allowance or refund.	66444

(F) No person other than the vendor in the transaction that	66445
generated the bad debt or, as provided in division (E) of this	66446
section, a certified service provider, may claim the bad debt	66447
allowance provided by this section.	66448

Sec. 5739.122. (A) If the total amount of tax required to be	66449
paid by a vendor under section 5739.12 of the Revised Code for any	66450
calendar year ~~indicated in the following schedule~~ equals or	66451
exceeds ~~the amounts prescribed for that year in the schedule~~	66452
seventy-five thousand dollars, the vendor shall remit each monthly	66453
tax payment in the second ensuing and each succeeding tax year by	66454
electronic funds transfer as prescribed by divisions (B) and (C)	66455
of this section.	66456

~~Year~~		~~1992~~		~~1993 through 1999~~	~~2000 and thereafter~~		66457
~~Tax payment~~		~~$1,200,000~~		~~$600,000~~	~~$60,000~~		66458

If a vendor's tax payment for each of two consecutive years	66459
~~beginning with 2000~~ is less than ~~sixty~~seventy-five thousand	66460
dollars, the vendor is relieved of the requirement to remit taxes	66461
by electronic funds transfer for the year that next follows the	66462
second of the consecutive years in which the tax payment is less	66463
than ~~sixty thousand dollars~~that amount, and is relieved of that	66464
requirement for each succeeding year, unless the tax payment in a	66465
subsequent year equals or exceeds ~~sixty~~seventy-five thousand	66466
dollars.	66467

The tax commissioner shall notify each vendor required to	66468
remit taxes by electronic funds transfer of the vendor's	66469
obligation to do so, shall maintain an updated list of those	66470
vendors, and shall timely certify the list and any additions	66471
thereto or deletions therefrom to the treasurer of state. Failure	66472
by the tax commissioner to notify a vendor subject to this section	66473
to remit taxes by electronic funds transfer does not relieve the	66474
vendor of its obligation to remit taxes by electronic funds	66475
transfer.	66476

(B) Vendors required by division (A) of this section to remit	66477
payments by electronic funds transfer shall remit such payments to	66478
the treasurer of state in the manner prescribed by this section	66479
and rules adopted by the treasurer of state under section 113.061	66480
of the Revised Code, and on or before the following dates:	66481

(1) On or before the ~~eleventh~~fifteenth day of each month, a	66482
vendor shall remit an amount equal to the taxes collected during	66483
the first ~~seven~~eleven days of the month. ~~On or before the~~	66484
~~eighteenth day of each month, a vendor shall remit an amount equal~~	66485
~~to the taxes collected on the eighth through the fourteenth day of~~	66486
~~the month.~~ On or before the twenty-fifth day of each month, a	66487
vendor shall remit an amount equal to the taxes collected on the	66488
~~fifteenth~~twelfth through the twenty-first day of the month.	66489

(2) In lieu of remitting the actual amounts collected for the	66490
periods specified in division (B)(1) of this section, a vendor	66491
may, on or before each of the ~~eleventh, eighteenth,~~fifteenth and	66492
twenty-fifth days of each month, remit an amount equal to	66493
~~one-fourth~~thirty-seven and one-half per cent of the vendor's	66494
total tax liability for the same month in the preceding calendar	66495
year.	66496

(3) On or before the twenty-third day of each month, a vendor	66497
shall report the taxes collected for the previous month and shall	66498
remit that amount, less any amounts paid for that month as	66499
required by division (B)(1) or (2) of this section.	66500

The payment of taxes by electronic funds transfer does not	66501
affect a vendor's obligation to file the monthly return as	66502
required under section 5739.12 of the Revised Code.	66503

(C) A vendor required by this section to remit taxes by	66504
electronic funds transfer may apply to the treasurer of state in	66505
the manner prescribed by the treasurer of state to be excused from	66506
that requirement. The treasurer of state may excuse the vendor	66507
from remittance by electronic funds transfer for good cause shown	66508
for the period of time requested by the vendor or for a portion of	66509
that period. The treasurer of state shall notify the tax	66510
commissioner and the vendor of the treasurer of state's decision	66511
as soon as is practicable.	66512

(D)(1) If a vendor that is required to remit payments under	66513
division (B) of this section fails to make a payment, the	66514
commissioner may impose an additional charge not to exceed five	66515
per cent of that unpaid amount.	66516

(2) If a vendor required by this section to remit taxes by	66517
electronic funds transfer remits those taxes by some means other	66518
than by electronic funds transfer as prescribed by this section	66519
and the rules adopted by the treasurer of state, and the treasurer	66520
of state determines that such failure was not due to reasonable	66521
cause or was due to willful neglect, the treasurer of state shall	66522
notify the tax commissioner of the failure to remit by electronic	66523
funds transfer and shall provide the commissioner with any	66524
information used in making that determination. The tax	66525
commissioner may impose an additional charge not to exceed the	66526
lesser of five per cent of the amount of the taxes required to be	66527
paid by electronic funds transfer or five thousand dollars.	66528

(3) Any additional charge imposed under division (D)(1) or	66529
(2) of this section is in addition to any other penalty or charge	66530
imposed under this chapter, and shall be considered as revenue	66531
arising from taxes imposed under this chapter. An additional	66532
charge may be collected by assessment in the manner prescribed by	66533
section 5739.13 of the Revised Code. The tax commissioner may	66534
waive all or a portion of such a charge and may adopt rules	66535
governing such waiver.	66536

No additional charge shall be imposed under division (D)(2)	66537
of this section against a vendor that has been notified of its	66538
obligation to remit taxes under this section and that remits its	66539
first two tax payments after such notification by some means other	66540
than electronic funds transfer. The additional charge may be	66541
imposed upon the remittance of any subsequent tax payment that the	66542
vendor remits by some means other than electronic funds transfer.	66543

Sec. 5739.17. (A) No person shall engage in making retail	66544
sales subject to a tax imposed by or pursuant to section 5739.02,	66545
5739.021, 5739.023, or 5739.026 of the Revised Code as a business	66546
without having a license therefor, except as otherwise provided in	66547
divisions (A)(1), (2), and (3) of this section.	66548

(1) In the dissolution of a partnership by death, the	66549
surviving partner may operate under the license of the partnership	66550
for a period of sixty days.	66551

(2) The heirs or legal representatives of deceased persons,	66552
and receivers and trustees in bankruptcy, appointed by any	66553
competent authority, may operate under the license of the person	66554
so succeeded in possession.	66555

(3) Two or more persons who are not partners may operate a	66556
single place of business under one license. In such case neither	66557
the retirement of any such person from business at that place of	66558
business, nor the entrance of any person, under an existing	66559
arrangement, shall affect the license or require the issuance of a	66560
new license, unless the person retiring from the business is the	66561
individual named on the vendor's license.	66562

Except as otherwise provided in this section, each applicant	66563
for a license shall make out and deliver to the county auditor of	66564
each county in which the applicant desires to engage in business,	66565
upon a blank to be furnished by such auditor for that purpose, a	66566
statement showing the name of the applicant, each place of	66567
business in the county where the applicant will make retail sales,	66568
the nature of the business, and any other information the tax	66569
commissioner reasonably prescribes in the form of a statement	66570
prescribed by the commissioner.	66571

At the time of making the application, the applicant shall	66572
pay into the county treasury a license fee in the sum of	66573
twenty-five dollars for each fixed place of business in the county	66574
that will be the situs of retail sales. Upon receipt of the	66575
application and exhibition of the county treasurer's receipt,	66576
showing the payment of the license fee, the county auditor shall	66577
issue to the applicant a license for each fixed place of business	66578
designated in the application, authorizing the applicant to engage	66579
in business at that location. If a vendor's identity changes, the	66580
vendor shall apply for a new license. If a vendor wishes to move	66581
an existing fixed place of business to a new location within the	66582
same county, the vendor shall obtain a new vendor's license or	66583
submit a request to the tax commissioner to transfer the existing	66584
vendor's license to the new location. When the new location has	66585
been verified as being within the same county, the commissioner	66586
shall authorize the transfer and notify the county auditor of the	66587
change of location. If a vendor wishes to move an existing fixed	66588
place of business to another county, the vendor's license shall	66589
not transfer and the vendor shall obtain a new vendor's license	66590
from the county in which the business is to be located. The form	66591
of the license shall be prescribed by the commissioner. The fees	66592
collected shall be credited to the general fund of the county.	66593

A vendor that makes retail sales subject to tax under Chapter	66594
5739. of the Revised Code pursuant to a permit issued by the	66595
division of liquor control shall obtain a vendor's license in the	66596
identical name and for the identical address as shown on the	66597
permit.	66598

Except as otherwise provided in this section, if a vendor has	66599
no fixed place of business and sells from a vehicle, each vehicle	66600
intended to be used within a county constitutes a place of	66601
business for the purpose of this section.	66602

(B) As used in this division, "transient vendor" means any	66603
person who makes sales of tangible personal property from vending	66604
machines located on land owned by others, who leases titled motor	66605
vehicles, titled watercraft, or titled outboard motors, who	66606
effectuates leases that are taxed according to division	66607
~~(H)(4)~~(A)(2) of section ~~5739.01~~5739.02 of the Revised Code, or	66608
who, in the usual course of the person's business, transports	66609
inventory, stock of goods, or similar tangible personal property	66610
to a temporary place of business or temporary exhibition, show,	66611
fair, flea market, or similar event in a county in which the	66612
person has no fixed place of business, for the purpose of making	66613
retail sales of such property. A "temporary place of business"	66614
means any public or quasi-public place including, but not limited	66615
to, a hotel, rooming house, storeroom, building, part of a	66616
building, tent, vacant lot, railroad car, or motor vehicle that is	66617
temporarily occupied for the purpose of making retail sales of	66618
goods to the public. A place of business is not temporary if the	66619
same person conducted business at the place continuously for more	66620
than six months or occupied the premises as the person's permanent	66621
residence for more than six months, or if the person intends it to	66622
be a fixed place of business.	66623

Any transient vendor, in lieu of obtaining a vendor's license	66624
under division (A) of this section for counties in which the	66625
transient vendor has no fixed place of business, may apply to the	66626
tax commissioner, on a form prescribed by the commissioner, for a	66627
transient vendor's license. The transient vendor's license	66628
authorizes the transient vendor to make retail sales in any county	66629
in which the transient vendor does not maintain a fixed place of	66630
business. Any holder of a transient vendor's license shall not be	66631
required to obtain a separate vendor's license from the county	66632
auditor in that county. Upon the commissioner's determination that	66633
an applicant is a transient vendor, the applicant shall pay a	66634
license fee in the amount of twenty-five dollars, at which time	66635
the tax commissioner shall issue the license. The tax commissioner	66636
may require a vendor to be licensed as a transient vendor if, in	66637
the opinion of the commissioner, such licensing is necessary for	66638
the efficient administration of the tax.	66639

Any holder of a valid transient vendor's license may make	66640
retail sales at a temporary place of business or temporary	66641
exhibition, show, fair, flea market, or similar event, held	66642
anywhere in the state without complying with any provision of	66643
section 311.37 of the Revised Code. Any holder of a valid vendor's	66644
license may make retail sales as a transient vendor at a temporary	66645
place of business or temporary exhibition, show, fair, flea	66646
market, or similar event held in any county in which the vendor	66647
maintains a fixed place of business for which the vendor holds a	66648
vendor's license without obtaining a transient vendor's license.	66649

(C) As used in this division, "service vendor" means any	66650
person who, in the usual course of the person's business, sells	66651
services described in division (B)(3)(e), (f), (g), (h), (i), (j),	66652
(k), (l), or (m), (q), or (u) of section 5739.01 of the Revised	66653
Code.	66654

Every service vendor shall make application to the tax	66655
commissioner for a service vendor's license. Each applicant shall	66656
pay a license fee in the amount of twenty-five dollars. Upon the	66657
commissioner's determination that an applicant is a service vendor	66658
and payment of the fee, the commissioner shall issue the applicant	66659
a service vendor's license.	66660

Only sales described in division (B)(3)(e), (f), (g), (h),	66661
(i), (j), (k), (l), or (m), (q), or (u) of section 5739.01 of the	66662
Revised Code may be made under authority of a service vendor's	66663
license, and that license authorizes sales to be made at any place	66664
in this state. Any service vendor who makes sales of other	66665
services or tangible personal property subject to the sales tax	66666
also shall be licensed under division (A), (B), or (D) of this	66667
section.	66668

(D) As used in this division, "delivery vendor" means any	66669
vendor who engages in one or more of the activities described in	66670
divisions (D)(1) to (4) of this section, and who maintains no	66671
store, showroom, or similar fixed place of business or other	66672
location where merchandise regularly is offered for sale or	66673
displayed or shown in catalogs for selection or pick-up by	66674
consumers, or where consumers bring goods for repair or other	66675
service.	66676

(1) The vendor makes retail sales of tangible personal	66677
property;	66678

(2) The vendor rents or leases, at retail, tangible personal	66679
property, except titled motor vehicles, titled watercraft, or	66680
titled outboard motors;	66681

(3) The vendor provides a service, at retail, described in	66682
division (B)(3)(a), (b), (c), or (d) of section 5739.01 of the	66683
Revised Code; or	66684

(4) The vendor makes retail sales of warranty, maintenance or	66685
service contracts, or similar agreements as described in division	66686
(B)(7) of section 5739.01 of the Revised Code.	66687

A transient vendor or a seller registered pursuant to section	66688
5741.17 of the Revised Code is not a delivery vendor.	66689

Delivery vendors shall apply to the tax commissioner, on a	66690
form prescribed by the commissioner, for a delivery vendor's	66691
license. Each applicant shall pay a license fee of twenty-five	66692
dollars for each delivery vendor's license, to be credited to the	66693
general revenue fund. Upon the commissioner's determination that	66694
the applicant is a delivery vendor, the commissioner shall issue	66695
the license. A delivery vendor's license authorizes retail sales	66696
to be made throughout the state. All sales of the vendor must be	66697
reported under the delivery license. The commissioner may require	66698
a vendor to be licensed as a delivery vendor if, in the opinion of	66699
the commissioner, such licensing is necessary for the efficient	66700
administration of the tax. The commissioner shall not issue a	66701
delivery vendor license to a vendor who holds a license issued	66702
under division (A) of this section.	66703

(E) Any transient vendor who is issued a license pursuant to	66704
this section shall display the license or a copy of it	66705
prominently, in plain view, at every place of business of the	66706
transient vendor. Every owner, organizer, or promoter who operates	66707
a fair, flea market, show, exhibition, convention, or similar	66708
event at which transient vendors are present shall keep a	66709
comprehensive record of all such vendors, listing the vendor's	66710
name, permanent address, vendor's license number, and the type of	66711
goods sold. Such records shall be kept for four years and shall be	66712
open to inspection by the tax commissioner.	66713

Sec. 5739.21. (A) Four and two-tenths per cent of all money	66714
deposited into the state treasury under sections 5739.01 to	66715
5739.31 of the Revised Code and not required to be distributed as	66716
provided in section 5739.102 of the Revised Code or division (B)	66717
of this section shall be credited to the local government fund for	66718
distribution in accordance with section 5747.50 of the Revised	66719
Code, six-tenths of one per cent shall be credited to the local	66720
government revenue assistance fund for distribution in accordance	66721
with section 5747.61 of the Revised Code, and ninety-five and	66722
two-tenths per cent shall be credited to the general revenue fund.	66723

(B)(1) In any case where any county or transit authority has	66724
levied a tax or taxes pursuant to section 5739.021, 5739.023, or	66725
5739.026 of the Revised Code, the tax commissioner shall, within	66726
forty-five days after the end of each month, determine and certify	66727
to the director of budget and management the amount of the	66728
proceeds of such tax or taxes received during that month from	66729
billings and assessments ~~received during that month~~, or ~~shown on~~	66730
associated with tax returns or reports filed during that month, to	66731
be returned to the county or transit authority levying the tax or	66732
taxes. The amount to be returned to each county and transit	66733
authority shall be a fraction of the aggregate amount of money	66734
collected with respect to each area in which one or more of such	66735
taxes are concurrently in effect with the tax levied by section	66736
5739.02 of the Revised Code~~, the~~. The numerator of ~~which~~the	66737
fraction is the rate of the tax levied by the county or transit	66738
authority and the denominator of ~~which~~the fraction is the	66739
aggregate rate of such taxes applicable to such area~~; provided,~~	66740
~~that the~~. The amount to be returned to each county or transit	66741
authority shall be reduced by the amount of any refunds of county	66742
or transit authority tax paid pursuant to section 5739.07 of the	66743
Revised Code during the same month, or transfers made pursuant to	66744
division (B)(2) of section 5703.052 of the Revised Code.	66745

(2) On a periodic basis, using the best information	66746
available, the tax commissioner shall distribute any amount of a	66747
county or transit authority tax that cannot be distributed under	66748
division (B)(1) of this section. Through audit or other means, the	66749
commissioner shall attempt to obtain the information necessary to	66750
make the distribution as provided under that division and, on	66751
receipt of that information, shall make adjustments to	66752
distributions previously made under this division.	66753

(C) The aggregate amount to be returned to any county or	66754
transit authority shall be reduced by one per cent, which shall be	66755
certified directly to the credit of the local sales tax	66756
administrative fund, which is hereby created in the state	66757
treasury. For the purpose of determining the amount to be returned	66758
to a county and transit authority in which the rate of tax imposed	66759
by the transit authority has been reduced under section 5739.028	66760
of the Revised Code, the tax commissioner shall use the respective	66761
rates of tax imposed by the county or transit authority that	66762
results from the change in the rates authorized under that	66763
section. ~~The~~	66764

(D) The director of budget and management shall transfer,	66765
from the same funds and in the same proportions specified in	66766
division (A) of this section, to the permissive tax distribution	66767
fund created by division (B)(1) of section 4301.423 of the Revised	66768
Code and to the local sales tax administrative fund, the amounts	66769
certified by the tax commissioner. The tax commissioner shall	66770
then, on or before the twentieth day of the month in which such	66771
certification is made, provide for payment of such respective	66772
amounts to the county treasurer and to the fiscal officer of the	66773
transit authority levying the tax or taxes. The amount transferred	66774
to the local sales tax administrative fund is for use by the tax	66775
commissioner in defraying costs incurred in administering such	66776
taxes levied by a county or transit authority.	66777

Sec. 5739.33. If any corporation, limited liability company,	66778
or business trust required to file returns and to remit tax due to	66779
the state under this chapter, including a holder of a direct	66780
payment permit under section 5739.031 of the Revised Code, fails	66781
for any reason to make the filing or payment, any of its employees	66782
having control or supervision of or charged with the	66783
responsibility of filing returns and making payments, or any of	66784
its officers, members, managers, or trustees who are responsible	66785
for the execution of the corporation's, limited liability	66786
company's, or business trust's fiscal responsibilities, shall be	66787
personally liable for the failure. The dissolution, termination,	66788
or bankruptcy of a corporation, limited liability company, or	66789
business trust shall not discharge a responsible officer's,	66790
member's, manager's, employee's, or trustee's liability for a	66791
failure of the corporation, limited liability company, or business	66792
trust to file returns or remit tax due. The sum due for the	66793
liability may be collected by assessment in the manner provided in	66794
section 5739.13 of the Revised Code.	66795

Sec. 5741.01. As used in this chapter:

66796

(A) "Person" includes individuals, receivers, assignees,	66797
trustees in bankruptcy, estates, firms, partnerships,	66798
associations, joint-stock companies, joint ventures, clubs,	66799
societies, corporations, business trusts, governments, and	66800
combinations of individuals of any form.	66801

(B) "Storage" means and includes any keeping or retention in	66802
this state for use or other consumption in this state.	66803

(C) "Use" means and includes the exercise of any right or	66804
power incidental to the ownership of the thing used. A thing is	66805
also "used" in this state if its consumer gives or otherwise	66806
distributes it, without charge, to recipients in this state.	66807

(D) "Purchase" means acquired or received for a	66808
consideration, whether such acquisition or receipt was effected by	66809
a transfer of title, or of possession, or of both, or a license to	66810
use or consume; whether such transfer was absolute or conditional,	66811
and by whatever means the transfer was effected; and whether the	66812
consideration was money, credit, barter, or exchange. Purchase	66813
includes production, even though the article produced was used,	66814
stored, or consumed by the producer. The transfer of copyrighted	66815
motion picture films for exhibition purposes is not a purchase,	66816
except such films as are used solely for advertising purposes.	66817

(E) "Seller" means the person from whom a purchase is made,	66818
and includes every person engaged in this state or elsewhere in	66819
the business of selling tangible personal property or providing a	66820
service for storage, use, or other consumption or benefit in this	66821
state; and when, in the opinion of the tax commissioner, it is	66822
necessary for the efficient administration of this chapter, to	66823
regard any salesman, representative, peddler, or canvasser as the	66824
agent of a dealer, distributor, supervisor, or employer under whom	66825
the person operates, or from whom the person obtains tangible	66826
personal property, sold by the person for storage, use, or other	66827
consumption in this state, irrespective of whether or not the	66828
person is making such sales on the person's own behalf, or on	66829
behalf of such dealer, distributor, supervisor, or employer, the	66830
commissioner may regard the person as such agent, and may regard	66831
such dealer, distributor, supervisor, or employer as the seller.	66832
"Seller" does not include any person to the extent the person	66833
provides a communications medium, such as, but not limited to,	66834
newspapers, magazines, radio, television, or cable television, by	66835
means of which sellers solicit purchases of their goods or	66836
services.	66837

(F) "Consumer" means any person who has purchased tangible	66838
personal property or has been provided a service for storage, use,	66839
or other consumption or benefit in this state. "Consumer" does not	66840
include a person who receives, without charge, tangible personal	66841
property or a service.	66842

A person who performs a facility management or similar	66843
service contract for a contractee is a consumer of all tangible	66844
personal property and services purchased for use in connection	66845
with the performance of such contract, regardless of whether title	66846
to any such property vests in the contractee. The purchase of such	66847
property and services is not subject to the exception for resale	66848
under division (E)~~(1)~~ of section 5739.01 of the Revised Code.	66849

(G)(1) "Price," except as provided in ~~the case of watercraft,~~	66850
~~outboard motors, or new motor vehicles, means the aggregate value~~	66851
~~in money of anything paid or delivered, or promised to be paid or~~	66852
~~delivered, by a consumer to a seller in the complete performance~~	66853
~~of the transaction by which tangible personal property has been~~	66854
~~purchased or a service has been provided for storage, use, or~~	66855
~~other consumption or benefit in this state, without any deduction~~	66856
~~or exclusion on account of the cost of the property sold, cost of~~	66857
~~materials used, labor or service cost, interest, discount paid or~~	66858
~~allowed after the sale is consummated, or any other expense. If~~	66859
~~the transaction consists of the rental or lease of tangible~~	66860
~~personal property, "price" means the aggregate value in money of~~	66861
~~anything paid or delivered, or promised to be paid or delivered by~~	66862
~~the lessee to the lessor, in the complete performance of the~~	66863
~~rental or lease, without any deduction or exclusion of tax,~~	66864
~~interest, labor or service charge, damage liability waiver,~~	66865
~~termination or damage charge, discount paid or allowed after the~~	66866
~~lease is consummated, or any other expense. Except as provided in~~	66867
~~division (G)(6) of this section, the tax shall be calculated and~~	66868
~~collected by the lessor on each payment made by the lessee. If a~~	66869
~~consumer produces the tangible personal property used by the~~	66870
~~consumer, the price is the produced cost of such tangible personal~~	66871
~~property. "Price" does not include delivery charges that are~~	66872
~~separately stated on the initial invoice or initial billing~~	66873
~~rendered by the seller.~~	66874

~~The tax collected by the seller from the consumer under this~~	66875
~~chapter is not a part of the price, but is a tax collection for~~	66876
~~the benefit of the state, and of counties levying an additional~~	66877
~~use tax pursuant to section 5741.021 or 5741.023 of the Revised~~	66878
~~Code and of transit authorities levying an additional use tax~~	66879
~~pursuant to section 5741.022 of the Revised Code and, except for~~	66880
~~the discount authorized under section 5741.12 of the Revised Code~~	66881
~~and the effects of any rounding pursuant to section 5703.055 of~~	66882
~~the Revised Code, no person other than the state or such a county~~	66883
~~or transit authority shall derive any benefit from the collection~~	66884
~~or payment of such tax.~~	66885

~~As used in division~~divisions (G)~~(1)~~(2) to (6) of this	66886
section, ~~"delivery charges" means charges by the seller for~~	66887
~~preparation and delivery to a location designated by the consumer~~	66888
~~of tangible personal property or a service, including~~	66889
~~transportation, shipping, postage, handling, crating, and packing~~	66890
has the same meaning as in division (H)(1) of section 5739.01 of	66891
the Revised Code.	66892

(2) In the case of watercraft, outboard motors, or new motor	66893
vehicles, "price" has the same meaning as in ~~division~~divisions	66894
(H)(2) and (3) of section 5739.01 of the Revised Code.	66895

(3) In the case of a nonresident business consumer that	66896
purchases and uses tangible personal property outside this state	66897
and subsequently temporarily stores, uses, or otherwise consumes	66898
such tangible personal property in the conduct of business in this	66899
state, the consumer or the tax commissioner may determine the	66900
price based on the value of the temporary storage, use, or other	66901
consumption, in lieu of determining the price pursuant to division	66902
(G)(1) of this section. A price determination made by the consumer	66903
is subject to review and redetermination by the commissioner.	66904

(4) In the case of tangible personal property held in this	66905
state as inventory for sale or lease, and that is temporarily	66906
stored, used, or otherwise consumed in a taxable manner, the price	66907
is the value of the temporary use. A price determination made by	66908
the consumer is subject to review and redetermination by the	66909
commissioner.	66910

(5) In the case of tangible personal property originally	66911
purchased and used by the consumer outside this state, and that	66912
becomes permanently stored, used, or otherwise consumed in this	66913
state more than six months after its acquisition by the consumer,	66914
the consumer or the commissioner may determine the price based on	66915
the current value of such tangible personal property, in lieu of	66916
determining the price pursuant to division (G)(1) of this section.	66917
A price determination made by the consumer is subject to review	66918
and redetermination by the commissioner.	66919

(6) ~~In the case of the purchase or lease of any motor vehicle~~	66920
~~designed by the manufacturer to carry a load of not more than one~~	66921
~~ton, watercraft, outboard motor, or aircraft, or the lease of any~~	66922
~~tangible personal property, other than motor vehicles designed by~~	66923
~~the manufacturer to carry a load of more than one ton, to be used~~	66924
~~by the lessee primarily for business purposes, the tax shall be~~	66925
~~collected by the vendor at the time the lease is consummated and~~	66926
~~calculated by the vendor on the basis of the total amount to be~~	66927
~~paid by the lessee under the lease agreement. If the total amount~~	66928
~~of the consideration for the lease includes amounts that are not~~	66929
~~calculated at the time the lease is executed, the tax shall be~~	66930
~~calculated and collected by the vendor at the time such amounts~~	66931
~~are billed to the lessee. In the case of an open-end lease, the~~	66932
~~tax shall be calculated by the vendor on the basis of the total~~	66933
~~amount to be paid during the initial fixed term of the lease, and~~	66934
~~then for each subsequent renewal period as it comes due. As used~~	66935
~~in division (G)(6) of this section only, "motor vehicle" has the~~	66936
~~same meaning as in section 4501.01 of the Revised Code~~If a	66937
consumer produces tangible personal property for sale and removes	66938
that property from inventory for the consumer's own use, the price	66939
is the produced cost of that tangible personal property.	66940

(H) "Nexus with this state" means that the seller engages in	66941
continuous and widespread solicitation of purchases from residents	66942
of this state or otherwise purposefully directs its business	66943
activities at residents of this state.	66944

(I) "Substantial nexus with this state" means that the seller	66945
has sufficient contact with this state, in accordance with Section	66946
8 of Article I of the Constitution of the United States, to allow	66947
the state to require the seller to collect and remit use tax on	66948
sales of tangible personal property or services made to consumers	66949
in this state. "Substantial nexus with this state" exists when the	66950
seller does any of the following:	66951

(1) Maintains a place of business within this state, whether	66952
operated by employees or agents of the seller, by a member of an	66953
affiliated group, as ~~described~~defined in division (B)(3)(e) of	66954
section 5739.01 of the Revised Code, of which the seller is a	66955
member, or by a franchisee using a trade name of the seller;	66956

(2) Regularly has employees, agents, representatives,	66957
solicitors, installers, repairmen, salesmen, or other individuals	66958
in this state for the purpose of conducting the business of the	66959
seller;	66960

(3) Uses a person in this state for the purpose of receiving	66961
or processing orders of the seller's goods or services;	66962

(4) Makes regular deliveries of tangible personal property	66963
into this state by means other than common carrier;	66964

(5) Has membership in an affiliated group, as described in	66965
division (B)(3)(e) of section 5739.01 of the Revised Code, at	66966
least one other member of which has substantial nexus with this	66967
state;	66968

(6) Owns tangible personal property that is rented or leased	66969
to a consumer in this state, or offers tangible personal property,	66970
on approval, to consumers in this state;	66971

(7) Except as provided in section 5703.65 of the Revised	66972
Code, is registered with the secretary of state to do business in	66973
this state or is registered or licensed by any state agency,	66974
board, or commission to transact business in this state or to make	66975
sales to persons in this state;	66976

(8) Has any other contact with this state that would allow	66977
this state to require the seller to collect and remit use tax	66978
under Section 8 of Article I of the Constitution of the United	66979
States.	66980

(J) "Fiscal officer" means, with respect to a regional	66981
transit authority, the secretary-treasurer thereof, and with	66982
respect to a county which is a transit authority, the fiscal	66983
officer of the county transit board appointed pursuant to section	66984
306.03 of the Revised Code or, if the board of county	66985
commissioners operates the county transit system, the county	66986
auditor.	66987

(K) "Territory of the transit authority" means all of the	66988
area included within the territorial boundaries of a transit	66989
authority as they from time to time exist. Such territorial	66990
boundaries must at all times include all the area of a single	66991
county or all the area of the most populous county which is a part	66992
of such transit authority. County population shall be measured by	66993
the most recent census taken by the United States census bureau.	66994

(L) "Transit authority" means a regional transit authority	66995
created pursuant to section 306.31 of the Revised Code or a county	66996
in which a county transit system is created pursuant to section	66997
306.01 of the Revised Code. For the purposes of this chapter, a	66998
transit authority must extend to at least the entire area of a	66999
single county. A transit authority which includes territory in	67000
more than one county must include all the area of the most	67001
populous county which is a part of such transit authority. County	67002
population shall be measured by the most recent census taken by	67003
the United States census bureau.	67004

(M) "Providing a service" has the same meaning as in division	67005
(X) of section 5739.01 of the Revised Code.	67006

(N) "Other consumption" includes receiving the benefits of a	67007
service.	67008

(O) "Lease" ~~means any transfer for a consideration of the~~	67009
~~possession of and right to use, but not title to, tangible~~	67010
~~personal property for a fixed period of time greater than thirty~~	67011
~~days or for an open-ended period of time with a minimum fixed~~	67012
~~period of more than thirty days~~or "rental" has the same meaning	67013
as in division (UU) of section 5739.01 of the Revised Code.	67014

(P) "Certified service provider" has the same meaning as in	67015
section 5740.01 of the Revised Code.	67016

Sec. 5741.02. (A)(1) For the use of the general revenue fund	67017
of the state, an excise tax is hereby levied on the storage, use,	67018
or other consumption in this state of tangible personal property	67019
or the benefit realized in this state of any service provided. The	67020
tax shall be collected ~~pursuant to the schedules~~as provided in	67021
section 5739.025 of the Revised Code, provided that on and after	67022
July 1, 2003, and on or before June 30, 2005, the rate of the tax	67023
shall be six per cent. On and after July 1, 2005, the rate of the	67024
tax shall be five per cent.	67025

(2) In the case of the lease or rental, with a fixed term of	67026
more than thirty days or an indefinite term with a minimum period	67027
of more than thirty days, of any motor vehicles designed by the	67028
manufacturer to carry a load of not more than one ton, watercraft,	67029
outboard motor, or aircraft, or of any tangible personal property,	67030
other than motor vehicles designed by the manufacturer to carry a	67031
load of more than one ton, to be used by the lessee or renter	67032
primarily for business purposes, the tax shall be collected by the	67033
seller at the time the lease or rental is consummated and shall be	67034
calculated by the seller on the basis of the total amount to be	67035
paid by the lessee or renter under the lease or rental agreement.	67036
If the total amount of the consideration for the lease or rental	67037
includes amounts that are not calculated at the time the lease or	67038
rental is executed, the tax shall be calculated and collected by	67039
the seller at the time such amounts are billed to the lessee or	67040
renter. In the case of an open-end lease or rental, the tax shall	67041
be calculated by the seller on the basis of the total amount to be	67042
paid during the initial fixed term of the lease or rental, and for	67043
each subsequent renewal period as it comes due. As used in this	67044
division, "motor vehicle" has the same meaning as in section	67045
4501.01 of the Revised Code, and "watercraft" includes an outdrive	67046
unit attached to the watercraft.	67047

(3) Except as provided in division (A)(2) of this section, in	67048
the case of a transaction, the price of which consists in whole or	67049
part of the lease or rental of tangible personal property, the tax	67050
shall be measured by the installments of those leases or rentals.	67051

(B) Each consumer, storing, using, or otherwise consuming in	67052
this state tangible personal property or realizing in this state	67053
the benefit of any service provided, shall be liable for the tax,	67054
and such liability shall not be extinguished until the tax has	67055
been paid to this state; provided, that the consumer shall be	67056
relieved from further liability for the tax if the tax has been	67057
paid to a seller in accordance with section 5741.04 of the Revised	67058
Code or prepaid by the seller in accordance with section 5741.06	67059
of the Revised Code.	67060

(C) The tax does not apply to the storage, use, or	67061
consumption in this state of the following described tangible	67062
personal property or services, nor to the storage, use, or	67063
consumption or benefit in this state of tangible personal property	67064
or services purchased under the following described circumstances:	67065

(1) When the sale of property or service in this state is	67066
subject to the excise tax imposed by sections 5739.01 to 5739.31	67067
of the Revised Code, provided said tax has been paid;	67068

(2) Except as provided in division (D) of this section,	67069
tangible personal property or services, the acquisition of which,	67070
if made in Ohio, would be a sale not subject to the tax imposed by	67071
sections 5739.01 to 5739.31 of the Revised Code;	67072

(3) Property or services, the storage, use, or other	67073
consumption of or benefit from which this state is prohibited from	67074
taxing by the Constitution of the United States, laws of the	67075
United States, or the Constitution of this state. This exemption	67076
shall not exempt from the application of the tax imposed by this	67077
section the storage, use, or consumption of tangible personal	67078
property that was purchased in interstate commerce, but that has	67079
come to rest in this state, provided that fuel to be used or	67080
transported in carrying on interstate commerce that is stopped	67081
within this state pending transfer from one conveyance to another	67082
is exempt from the excise tax imposed by this section and section	67083
5739.02 of the Revised Code;	67084

(4) Transient use of tangible personal property in this state	67085
by a nonresident tourist or vacationer, or a non-business use	67086
within this state by a nonresident of this state, if the property	67087
so used was purchased outside this state for use outside this	67088
state and is not required to be registered or licensed under the	67089
laws of this state;	67090

(5) Tangible personal property or services rendered, upon	67091
which taxes have been paid to another jurisdiction to the extent	67092
of the amount of the tax paid to such other jurisdiction. Where	67093
the amount of the tax imposed by this section and imposed pursuant	67094
to section 5741.021, 5741.022, or 5741.023 of the Revised Code	67095
exceeds the amount paid to another jurisdiction, the difference	67096
shall be allocated between the tax imposed by this section and any	67097
tax imposed by a county or a transit authority pursuant to section	67098
5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion	67099
to the respective rates of such taxes.	67100

As used in this subdivision, "taxes paid to another	67101
jurisdiction" means the total amount of retail sales or use tax or	67102
similar tax based upon the sale, purchase, or use of tangible	67103
personal property or services rendered legally, levied by and paid	67104
to another state or political subdivision thereof, or to the	67105
District of Columbia, where the payment of such tax does not	67106
entitle the taxpayer to any refund or credit for such payment.	67107

(6) The transfer of a used manufactured home or used mobile	67108
home, as defined by section 5739.0210 of the Revised Code, made on	67109
or after January 1, 2000;	67110

(7) Drugs that are or are intended to be distributed free of	67111
charge to a practitioner licensed to prescribe, dispense, and	67112
administer drugs to a human being in the course of a professional	67113
practice and that by law may be dispensed only by or upon the	67114
order of such a practitioner.	67115

(D) The tax applies to the storage, use, or other consumption	67116
in this state of tangible personal property or services, the	67117
acquisition of which at the time of sale was excepted under	67118
division (E)~~(1)~~ of section 5739.01 of the Revised Code from the	67119
tax imposed by section 5739.02 of the Revised Code, but which has	67120
subsequently been temporarily or permanently stored, used, or	67121
otherwise consumed in a taxable manner.	67122

(E)(1) If any transaction is claimed to be exempt under	67123
division (E) of section 5739.01 of the Revised Code or under	67124
section 5739.02 of the Revised Code, with the exception of	67125
divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised	67126
Code, the consumer shall provide to the seller, and the seller	67127
shall obtain from the consumer, a certificate specifying the	67128
reason that the transaction is not subject to the tax. The	67129
certificate shall be provided either in a hard copy form or	67130
electronic form, as prescribed by the tax commissioner. If the	67131
transaction is claimed to be exempt under division (B)(13) of	67132
section 5739.02 of the Revised Code, the exemption certificate	67133
shall be provided by both the contractor and contractee. Such	67134
contractee shall be deemed to be the consumer of all items	67135
purchased under the claim of exemption if it is subsequently	67136
determined that the exemption is not properly claimed. The	67137
certificate shall be in such form as the tax commissioner by rule	67138
prescribes. The seller shall maintain records, including exemption	67139
certificates, of all sales on which a consumer has claimed an	67140
exemption, and provide them to the tax commissioner on request.	67141

(2) If no certificate is provided or obtained within the	67142
period for filing the return for the period in which the	67143
transaction is consummated, it shall be presumed that the tax	67144
applies. The failure to have so provided or obtained a certificate	67145
shall not preclude a seller or consumer from establishing, within	67146
one hundred twenty days of the giving of notice by the	67147
commissioner of intention to levy an assessment, that the	67148
transaction is not subject to the tax.	67149

(F) A seller who files a petition for reassessment contesting	67150
the assessment of tax on transactions for which the seller	67151
obtained no valid exemption certificates, and for which the seller	67152
failed to establish that the transactions were not subject to the	67153
tax during the one-hundred-twenty-day period allowed under	67154
division (E) of this section, may present to the tax commissioner	67155
additional evidence to prove that the transactions were exempt.	67156
The seller shall file such evidence within ninety days of the	67157
receipt by the seller of the notice of assessment, except that,	67158
upon application and for reasonable cause, the tax commissioner	67159
may extend the period for submitting such evidence thirty days.	67160

(G) For the purpose of the proper administration of sections	67161
5741.01 to 5741.22 of the Revised Code, and to prevent the evasion	67162
of the tax hereby levied, it shall be presumed that any use,	67163
storage, or other consumption of tangible personal property in	67164
this state is subject to the tax until the contrary is	67165
established.	67166

(H) The tax collected by the seller from the consumer under	67167
this chapter is not part of the price, but is a tax collection for	67168
the benefit of the state, and of counties levying an additional	67169
use tax pursuant to section 5741.021 or 5741.023 of the Revised	67170
Code and of transit authorities levying an additional use tax	67171
pursuant to section 5741.022 of the Revised Code. Except for the	67172
discount authorized under section 5741.12 of the Revised Code and	67173
the effects of any rounding pursuant to section 5703.055 of the	67174
Revised Code, no person other than the state or such a county or	67175
transit authority shall derive any benefit from the collection of	67176
such tax.	67177

Sec. 5741.021. (A) For the purpose of providing additional	67178
general revenues for the county or supporting criminal and	67179
administrative justice services in the county, or both, and to pay	67180
the expenses of administering such levy, any county which levies a	67181
tax pursuant to section 5739.021 of the Revised Code shall levy a	67182
tax at the same rate levied pursuant to section 5739.021 of the	67183
Revised Code on the storage, use, or other consumption in the	67184
county of the following:	67185

(1) Motor vehicles ~~acquired on or after May 1, 1970~~, and	67186
watercraft and outboard motors required to be titled in the county	67187
pursuant to Chapter 1548. of the Revised Code and acquired ~~on or~~	67188
~~after April 1, 1990,~~ by a transaction subject to the tax imposed	67189
by section 5739.02 of the Revised Code;	67190

(2) In addition to the tax imposed by section 5741.02 of the	67191
Revised Code, tangible personal property and services subject to	67192
the tax levied by this state as provided in section 5741.02 of the	67193
Revised Code, and tangible personal property and services	67194
purchased in another county within this state by a transaction	67195
subject to the tax imposed by section 5739.02 of the Revised Code.	67196

The tax shall be levied pursuant to a resolution of the board	67197
of county commissioners which shall be adopted after publication	67198
of notice and hearing in the same manner as provided in section	67199
5739.021 of the Revised Code. Such resolution shall be adopted and	67200
shall become effective on the same day as the resolution adopted	67201
by the board of county commissioners levying a sales tax pursuant	67202
to section 5739.021 of the Revised Code and shall remain in effect	67203
until such sales tax is repealed.	67204

(B) The tax levied pursuant to this section on the storage,	67205
use, or other consumption of tangible personal property and on the	67206
benefit of a service realized shall be in addition to the tax	67207
levied by section 5741.02 of the Revised Code and, except as	67208
provided in division (D) of this section, any tax levied pursuant	67209
to sections 5741.022 and 5741.023 of the Revised Code.	67210

(C) The additional tax levied by the county shall be	67211
collected pursuant to ~~the schedules in~~ section 5739.025 of the	67212
Revised Code. If the additional tax or some portion thereof is	67213
levied for the purpose of criminal and administrative justice	67214
services, the revenue from the tax, or the amount or rate	67215
apportioned to that purpose, shall be credited to a special fund	67216
created in the county treasury for receipt of that revenue.	67217

(D) The tax levied pursuant to this section shall not be	67218
applicable to any benefit of a service realized or to any storage,	67219
use, or consumption of property not within the taxing power of a	67220
county under the constitution of the United States or the	67221
constitution of this state, or to property or services on which a	67222
tax levied by a county or transit authority pursuant to this	67223
section or section 5739.021, 5739.023, 5739.026, 5741.022, or	67224
5741.023 of the Revised Code has been paid, if the sum of the	67225
taxes paid pursuant to those sections is equal to or greater than	67226
the sum of the taxes due under this section and sections 5741.022	67227
and 5741.023 of the Revised Code. If the sum of the taxes paid is	67228
less than the sum of the taxes due under this section and sections	67229
5741.022 and 5741.023 of the Revised Code, the amount of tax paid	67230
shall be credited against the amount of tax due.	67231

(E) As used in this section, "criminal and administrative	67232
justice services" has the same meaning as in section 5739.021 of	67233
the Revised Code.	67234

Sec. 5741.022. (A) For the purpose of providing additional	67235
general revenues for the transit authority and paying the expenses	67236
of administering such levy, any transit authority as defined in	67237
section 5741.01 of the Revised Code that levies a tax pursuant to	67238
section 5739.023 of the Revised Code shall levy a tax at the same	67239
rate levied pursuant to such section on the storage, use, or other	67240
consumption in the territory of the transit authority of the	67241
following:	67242

(1) Motor vehicles ~~acquired on or after June 29, 1974~~, and	67243
watercraft and outboard motors required to be titled in the county	67244
pursuant to Chapter 1548. of the Revised Code and acquired ~~on or~~	67245
~~after April 1, 1990,~~ by a transaction subject to the tax imposed	67246
by section 5739.02 of the Revised Code;	67247

(2) In addition to the tax imposed by section 5741.02 of the	67248
Revised Code, tangible personal property and services subject to	67249
the tax levied by this state as provided in section 5741.02 of the	67250
Revised Code, and tangible personal property and services	67251
purchased in another county within this state by a transaction	67252
subject to the tax imposed by section 5739.02 of the Revised Code.	67253

The tax shall be in effect at the same time and at the same	67254
rate and shall be levied pursuant to the resolution of the	67255
legislative authority of the transit authority levying a sales tax	67256
pursuant to section 5739.023 of the Revised Code.	67257

(B) The tax levied pursuant to this section on the storage,	67258
use, or other consumption of tangible personal property and on the	67259
benefit of a service realized shall be in addition to the tax	67260
levied by section 5741.02 of the Revised Code and, except as	67261
provided in division (D) of this section, any tax levied pursuant	67262
to sections 5741.021 and 5741.023 of the Revised Code.	67263

(C) The additional tax levied by the authority shall be	67264
collected pursuant to ~~the schedules in~~ section 5739.025 of the	67265
Revised Code.	67266

(D) The tax levied pursuant to this section shall not be	67267
applicable to any benefit of a service realized or to any storage,	67268
use, or consumption of property not within the taxing power of a	67269
transit authority under the constitution of the United States or	67270
the constitution of this state, or to property or services on	67271
which a tax levied by a county or transit authority pursuant to	67272
this section or section 5739.021, 5739.023, 5739.026, 5741.021, or	67273
5741.023 of the Revised Code has been paid, if the sum of the	67274
taxes paid pursuant to those sections is equal to or greater than	67275
the sum of the taxes due under this section and sections 5741.021	67276
and 5741.023 of the Revised Code. If the sum of the taxes paid is	67277
less than the sum of the taxes due under this section and sections	67278
5741.021 and 5741.023 of the Revised Code, the amount of tax paid	67279
shall be credited against the amount of tax due.	67280

(E) The rate of a tax levied under this section is subject to	67281
reduction under section 5739.028 of the Revised Code if a ballot	67282
question is approved by voters pursuant to that section.	67283

Sec. 5741.023. (A) For the same purposes for which it has	67284
imposed a tax under section 5739.026 of the Revised Code, any	67285
county ~~which~~that levies a tax pursuant to such section shall levy	67286
a tax at the same rate levied pursuant to such section on the	67287
storage, use, or other consumption in the county of the following:	67288

(1) Motor vehicles, and watercraft and outboard motors	67289
required to be titled in the county pursuant to Chapter 1548. of	67290
the Revised Code, acquired by a transaction subject to the tax	67291
imposed by section 5739.02 of the Revised Code;	67292

(2) In addition to the tax imposed by section 5741.02 of the	67293
Revised Code, tangible personal property and services subject to	67294
the tax levied by this state as provided in section 5741.02 of the	67295
Revised Code, and tangible personal property and services	67296
purchased in another county within this state by a transaction	67297
subject to the tax imposed by section 5739.02 of the Revised Code.	67298

The tax shall be levied pursuant to a resolution of the board	67299
of county commissioners, which shall be adopted in the same manner	67300
as provided in section 5739.026 of the Revised Code. Such	67301
resolution shall be adopted and shall become effective on the same	67302
day as the resolution adopted by the board of county commissioners	67303
levying a sales tax pursuant to such section and shall remain in	67304
effect until such sales tax is repealed or expires.	67305

(B) The tax levied pursuant to this section shall be in	67306
addition to the tax levied by section 5741.02 of the Revised Code	67307
and, except as provided in division (D) of this section, any tax	67308
levied pursuant to sections 5741.021 and 5741.022 of the Revised	67309
Code.	67310

(C) The additional tax levied by the county shall be	67311
collected pursuant to ~~the schedules in~~ section 5739.025 of the	67312
Revised Code.	67313

(D) The tax levied pursuant to this section shall not be	67314
applicable to any benefit of a service realized or to any storage,	67315
use, or consumption of property not within the taxing power of a	67316
county under the constitution of the United States or the	67317
constitution of this state, or to property or services on which	67318
tax levied by a county or transit authority pursuant to this	67319
section or section 5739.021, 5739.023, 5739.026, 5741.021, or	67320
5741.022 of the Revised Code has been paid, if the sum of the	67321
taxes paid pursuant to those sections is equal to or greater than	67322
the sum of the taxes due under this section and sections 5741.021	67323
and 5741.022 of the Revised Code. If the sum of the taxes paid is	67324
less than the sum of the taxes due under this section and sections	67325
5741.021 and 5741.022 of the Revised Code, the amount of tax paid	67326
shall be credited against the amount of tax due.	67327

Sec. 5741.121. (A) If the total amount of tax required to be	67328
paid by a seller or consumer under section 5741.12 of the Revised	67329
Code for any year ~~indicated in the following schedule~~ equals or	67330
exceeds ~~the amount prescribed for that year in the schedule~~	67331
seventy-five thousand dollars, the seller or consumer shall remit	67332
each monthly tax payment in the second ensuing and each succeeding	67333
year by electronic funds transfer as prescribed by division (B) of	67334
this section.	67335

~~Year~~		~~1992~~		~~1993 through 1999~~	~~2000 and thereafter~~		67336
~~Tax payment~~		~~$1,200,000~~		~~$600,000~~	~~$60,000~~		67337

If a seller's or consumer's tax payment for each of two	67338
consecutive years ~~beginning with 2000~~ is less than ~~sixty~~	67339
seventy-five thousand dollars, the seller or consumer is relieved	67340
of the requirement to remit taxes by electronic funds transfer for	67341
the year that next follows the second of the consecutive years in	67342
which the tax payment is less than ~~sixty thousand dollars~~that	67343
amount, and is relieved of that requirement for each succeeding	67344
year, unless the tax payment in a subsequent year equals or	67345
exceeds ~~sixty~~seventy-five thousand dollars.	67346

The tax commissioner shall notify each seller or consumer	67347
required to remit taxes by electronic funds transfer of the	67348
seller's or consumer's obligation to do so, shall maintain an	67349
updated list of those sellers and consumers, and shall timely	67350
certify the list and any additions thereto or deletions therefrom	67351
to the treasurer of state. Failure by the tax commissioner to	67352
notify a seller or consumer subject to this section to remit taxes	67353
by electronic funds transfer does not relieve the seller or	67354
consumer of the obligation to remit taxes by electronic funds	67355
transfer.	67356

(B) Sellers and consumers required by division (A) of this	67357
section to remit payments by electronic funds transfer shall remit	67358
such payments to the treasurer of state in the manner prescribed	67359
by this section and rules adopted by the treasurer of state under	67360
section 113.061 of the Revised Code, and on or before the	67361
following dates:	67362

(1)(a) On or before the ~~eleventh~~fifteenth day of each month,	67363
a seller shall remit an amount equal to the taxes collected during	67364
the first ~~seven~~eleven days of the month. ~~On or before the~~	67365
~~eighteenth day of each month, a seller shall remit an amount equal~~	67366
~~to the taxes collected on the eighth through the fourteenth day of~~	67367
~~the month.~~ On or before the twenty-fifth day of each month, a	67368
seller shall remit an amount equal to the taxes collected on the	67369
~~fifteenth~~twelfth through the twenty-first day of the month.	67370

(b) In lieu of remitting the actual amounts collected for the	67371
periods specified in division (B)(1)(a) of this section, a seller	67372
may, on or before each of the ~~eleventh, eighteenth,~~fifteenth and	67373
twenty-fifth days of each month, remit an amount equal to	67374
~~one-fourth~~thirty-seven and one-half per cent of the seller's	67375
total tax liability for the same month in the preceding calendar	67376
year.	67377

(2) On or before each of the ~~eleventh, eighteenth,~~fifteenth	67378
and twenty-fifth days of each month, a consumer shall remit an	67379
amount equal to ~~one-fourth~~thirty-seven and one-half per cent of	67380
the consumer's total tax liability for the same month in the	67381
preceding calendar year.	67382

(3) On or before the twenty-third day of each month, a seller	67383
shall report the taxes collected and a consumer shall report the	67384
taxes due for the previous month and shall remit that amount, less	67385
any amounts paid for that month as required by division (B)(1)(a)	67386
or (b) or (B)(2) of this section.	67387

The payment of taxes by electronic funds transfer does not	67388
affect a seller's or consumer's obligation to file the monthly	67389
return as required under section 5741.12 of the Revised Code.	67390

(C) A seller or consumer required by this section to remit	67391
taxes by electronic funds transfer may apply to the treasurer of	67392
state in the manner prescribed by the treasurer of state to be	67393
excused from that requirement. The treasurer of state may excuse	67394
the seller or consumer from remittance by electronic funds	67395
transfer for good cause shown for the period of time requested by	67396
the seller or consumer or for a portion of that period. The	67397
treasurer of state shall notify the tax commissioner and the	67398
seller or consumer of the treasurer of state's decision as soon as	67399
is practicable.	67400

(D)(1) If a seller or consumer that is required to remit	67401
payments under division (B) of this section fails to make a	67402
payment, the commissioner may impose an additional charge not to	67403
exceed five per cent of that unpaid amount.	67404

(2) If a seller or consumer required by this section to remit	67405
taxes by electronic funds transfer remits those taxes by some	67406
means other than by electronic funds transfer as prescribed by the	67407
rules adopted by the treasurer of state, and the treasurer of	67408
state determines that such failure was not due to reasonable cause	67409
or was due to willful neglect, the treasurer of state shall notify	67410
the tax commissioner of the failure to remit by electronic funds	67411
transfer and shall provide the commissioner with any information	67412
used in making that determination. The tax commissioner may impose	67413
an additional charge not to exceed the lesser of five per cent of	67414
the amount of the taxes required to be paid by electronic funds	67415
transfer or five thousand dollars.	67416

(3) Any additional charge imposed under this section is in	67417
addition to any other penalty or charge imposed under this	67418
chapter, and shall be considered as revenue arising from taxes	67419
imposed under this chapter. An additional charge may be collected	67420
by assessment in the manner prescribed by section 5741.13 of the	67421
Revised Code. The tax commissioner may waive all or a portion of	67422
such a charge and may adopt rules governing such waiver.	67423

No additional charge shall be imposed under division (D)(2)	67424
of this section against a seller or consumer that has been	67425
notified of the obligation to remit taxes under this section and	67426
that remits its first two tax payments after such notification by	67427
some means other than electronic funds transfer. The additional	67428
charge may be imposed upon the remittance of any subsequent tax	67429
payment that the seller or consumer remits by some means other	67430
than electronic funds transfer.	67431

Sec. 5741.25. If any corporation, limited liability company,	67432
or business trust registered or required to be registered under	67433
section 5741.17 of the Revised Code and required to file returns	67434
and remit tax due to the state under this chapter fails for any	67435
reason to make the filing or payment, any of its employees having	67436
control or supervision of or charged with the responsibility of	67437
filing returns and making payments, or any of its officers,	67438
members, managers, or trustees who are responsible for the	67439
execution of the corporation's, limited liability company's, or	67440
business trust's fiscal responsibilities, shall be personally	67441
liable for the failure. The dissolution, termination, or	67442
bankruptcy of a corporation, limited liability company, or	67443
business trust shall not discharge a responsible officer's,	67444
member's, manager's, employee's, or trustee's liability for a	67445
failure of the corporation, limited liability company, or business	67446
trust to file returns or remit tax due. The sum due for the	67447
liability may be collected by assessment in the manner provided in	67448
section 5741.11 or 5741.13 of the Revised Code.	67449

Sec. 5743.05. All stamps provided for by section 5743.03 of	67450
the Revised Code, when procured by the tax commissioner, shall be	67451
immediately delivered to the treasurer of state, who shall execute	67452
a receipt therefor showing the number and aggregate face value of	67453
each denomination received by the treasurer of state and any other	67454
information that the commissioner requires to enforce the	67455
collection and distribution of all taxes imposed under section	67456
5743.024 or 5743.026 of the Revised Code, and deliver the receipt	67457
to the commissioner. The treasurer of state shall sell the stamps	67458
and, on the fifth day of each month, make a report showing all	67459
sales made during the preceding month, with the names of	67460
purchasers, the number of each denomination, the aggregate face	67461
value purchased by each, and any other information as the	67462
commissioner requires to enforce the collection and distribution	67463
of all taxes imposed under section 5743.024 of the Revised Code,	67464
and deliver it to the commissioner. The treasurer of state shall	67465
be accountable for all stamps received and unsold. The stamps	67466
shall be sold and accounted for at their face value, except the	67467
commissioner shall, by rule certified to the treasurer of state,	67468
authorize the sale of stamps and meter impressions to wholesale or	67469
retail dealers in this state, or to wholesale dealers outside this	67470
state, at a discount of not less than one and eight-tenths per	67471
cent or more than ten per cent of their face value, as a	67472
commission for affixing and canceling the stamps or meter	67473
impressions.	67474

The commissioner, by rule certified to the treasurer of	67475
state, shall authorize the delivery of stamps and meter	67476
impressions to wholesale and retail dealers in this state and to	67477
wholesale dealers outside this state on credit ~~when the purchaser~~	67478
~~files~~. If such a dealer has not been in good credit standing with	67479
this state for five consecutive years preceding the purchase, the	67480
tax commissioner shall require the dealer to file with the	67481
commissioner a bond to the state in the amount and in the form	67482
prescribed by the commissioner, ~~and~~ with surety to the	67483
satisfaction of the ~~treasurer of state~~commissioner, conditioned	67484
on payment to the treasurer of state within thirty days for stamps	67485
or meter impressions delivered within that time. If such a dealer	67486
has been in good credit standing with this state for five	67487
consecutive years preceding the purchase, the tax commissioner	67488
shall not require that the dealer file such a bond but shall	67489
require payment for the stamps and meter impressions within thirty	67490
days after purchase of the stamps and meter impressions. Stamps	67491
and meter impressions sold to a dealer not required to file a bond	67492
shall be sold at face value. The maximum amount that may be sold	67493
on credit to a dealer not required to file a bond shall equal one	67494
hundred ten per cent of the dealer's average monthly purchases	67495
over the preceding calendar year. The maximum amount shall be	67496
adjusted to reflect any changes in the tax rate and may be	67497
adjusted, upon application to the tax commissioner by the dealer,	67498
to reflect changes in the business operations of the dealer. The	67499
maximum amount shall be applicable to the period of July through	67500
April. Payment by a dealer not required to file a bond shall be	67501
remitted by electronic funds transfer as prescribed by section	67502
5743.051 of the Revised Code. If a dealer not required to file a	67503
bond fails to make the payment in full within the thirty-day	67504
period, the treasurer of state shall not thereafter sell stamps or	67505
meter impressions to that dealer until the dealer pays the	67506
outstanding amount, including penalty and interest on that amount	67507
as prescribed in this chapter, and the commissioner thereafter may	67508
require the dealer to file a bond until the dealer is restored to	67509
good standing. The commissioner shall limit delivery of stamps and	67510
meter impressions on credit to the period running from the first	67511
day of July of the fiscal year until the first day of the	67512
following May. Any discount allowed as a commission for affixing	67513
and canceling stamps or meter impressions shall be allowed with	67514
respect to sales of stamps and meter impressions on credit.	67515

The treasurer of state shall redeem and pay for any	67516
destroyed, unused, or spoiled tax stamps and any unused meter	67517
impressions at their net value, and shall refund to wholesale	67518
dealers the net amount of state and county taxes paid erroneously	67519
or paid on cigarettes that have been sold in interstate or foreign	67520
commerce or that have become unsalable, and the net amount of	67521
county taxes that were paid on cigarettes that have been sold at	67522
retail or for retail sale outside a taxing county.	67523

An application for a refund of tax shall be filed with the	67524
tax commissioner, on the form prescribed by the commissioner for	67525
that purpose, within three years from the date the tax stamps are	67526
destroyed or spoiled, from the date of the erroneous payment, or	67527
from the date that cigarettes on which taxes have been paid have	67528
been sold in interstate or foreign commerce or have become	67529
unsalable.	67530

On the filing of the application, the commissioner shall	67531
determine the amount of refund to which the applicant is entitled,	67532
payable from receipts of the state tax, and, if applicable,	67533
payable from receipts of a county tax . If the amount is less than	67534
that claimed, the ~~commission~~commissioner shall certify the amount	67535
to the director of budget and management and treasurer of state	67536
for payment from the tax refund fund created by section 5703.052	67537
of the Revised Code. If the amount is less than that claimed, the	67538
commissioner shall proceed in accordance with section 5703.70 of	67539
the Revised Code.	67540

If a refund is granted for payment of an illegal or erroneous	67541
assessment issued by the department, the refund shall include	67542
interest on the amount of the refund from the date of the	67543
overpayment. The interest shall be computed at the rate per annum	67544
prescribed by section 5703.47 of the Revised Code.	67545

Sec. 5743.051. This section applies to any wholesale or	67546
retail cigarette dealer required by section 5743.05 of the Revised	67547
Code to remit payment for tax stamps and meter impressions by	67548
electronic funds transfer. The tax commissioner shall notify each	67549
dealer of the dealer's obligation to do so and shall maintain an	67550
updated list of those dealers. Failure by the tax commissioner to	67551
notify a dealer subject to this section to remit taxes by	67552
electronic funds transfer does not relieve the dealer of its	67553
obligation to remit taxes by electronic funds transfer.	67554

A dealer required to remit payments by electronic funds	67555
transfer shall remit such payments to the treasurer of state in	67556
the manner prescribed by rules adopted by the treasurer of state	67557
under section 113.061 of the Revised Code and within the time	67558
prescribed for such a dealer by section 5743.05 of the Revised	67559
Code.	67560

A dealer required to remit taxes by electronic funds transfer	67561
may apply to the tax commissioner in the manner prescribed by the	67562
tax commissioner to be excused from that requirement. The tax	67563
commissioner may excuse the dealer from remittance by electronic	67564
funds transfer for good cause shown for the period of time	67565
requested by the dealer or for a portion of that period.	67566

If a dealer required to remit taxes by electronic funds	67567
transfer remits those taxes by some other means, the treasurer of	67568
state shall notify the tax commissioner of the failure to remit by	67569
electronic funds transfer. If the tax commissioner determines that	67570
such failure was not due to reasonable cause or was due to willful	67571
neglect, the tax commissioner may collect an additional charge by	67572
assessment in the manner prescribed by section 5743.081 of the	67573
Revised Code. The additional charge shall equal five per cent of	67574
the amount of the taxes required to be paid by electronic funds	67575
transfer but shall not exceed five thousand dollars. Any	67576
additional charge assessed under this section is in addition to	67577
any other penalty or charge imposed under this chapter and shall	67578
be considered as revenue arising from taxes imposed under this	67579
chapter. The tax commissioner may abate all or a portion of such a	67580
charge and may adopt rules governing such remissions.	67581

No additional charge shall be assessed under this section	67582
against a dealer that has been notified of its obligation to remit	67583
taxes under this section and that remits its first two tax	67584
payments after such notification by some means other than	67585
electronic funds transfer. The additional charge may be assessed	67586
upon the remittance of any subsequent tax payment that the dealer	67587
remits by some means other than electronic funds transfer.	67588

Sec. 5743.21. (A) No person shall affix a stamp required by	67589
section 5743.03 of the Revised Code to any package that:	67590

(1) Bears any label or notice prescribed by the United States	67591
to identify cigarettes exempt from taxation by the United States	67592
pursuant to section 5704(b) of the "Internal Revenue Code of	67593
1986," 100 Stat. 2085, 26 U.S.C.A. 5704(b), including any notice	67594
or label described in 27 C.F.R. 290.185;	67595

(2) Is not labeled in conformity with the "Federal Cigarette	67596
Labeling and Advertising Act," 79 Stat. 282, 15 U.S.C.A. 1331	67597
(1965), or any other federal requirement for the placement of	67598
labels, warnings, or other information applicable to packages of	67599
cigarettes intended for domestic consumption;	67600

(3) Has been altered by anyone other than the manufacturer or	67601
a person authorized by the manufacturer, including by the	67602
placement of a sticker to cover information on or add information	67603
to the package;	67604

(4) Has been imported or brought into the United States after	67605
January 1, 2000, in violation of section 5754 of the "Internal	67606
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 5754, or	67607
regulations adopted under that section;	67608

(5) Is produced by a tobacco product manufacturer or is part	67609
of a brand family that is not included in the directory	67610
established under section 1346.05 of the Revised Code.	67611

(B) No person shall sell or offer to sell any roll-your-own	67612
tobacco to any person in this state if the roll-your-own tobacco	67613
is not included in the directory established under section 1346.05	67614
of the Revised Code. Any roll-your-own tobacco in the possession	67615
of a retail dealer in this state shall be prima facie evidence of	67616
offering to sell to a person in this state.	67617

(C) Whenever the tax commissioner discovers any packages to	67618
which stamps have been affixed in violation of this section, or	67619
any roll-your-own tobacco sold or offered for sale in violation of	67620
this section, the tax commissioner may seize the packages or	67621
roll-your-own tobacco, which shall ~~thereupon~~ be forfeited to the	67622
state, and shall order ~~their~~the destruction of the packages or	67623
roll-your-own tobacco, provided that the seizure and destruction	67624
shall not exempt any person from prosecution or from the fine or	67625
imprisonment provided for the violation of this section.	67626

(D) As used in this section, "roll-your-own" has the same	67627
meaning as in section 1346.01 of the Revised Code, and "tobacco	67628
product manufacturer" and "brand family" have the same meanings as	67629
in section 1346.04 of the Revised Code.	67630

Sec. 5743.45. (A) As used in this section, "felony" has the	67631
same meaning as in section 109.511 of the Revised Code.	67632

(B) For purposes of enforcing this chapter and Chapters	67633
5728., 5735., 5739., 5741., and 5747. of the Revised Code and	67634
subject to division (C) of this section, the tax commissioner, by	67635
journal entry, may delegate any investigation powers of the	67636
commissioner to an employee of the department of taxation who has	67637
been certified by the Ohio peace officer training commission and	67638
who is engaged in the enforcement of those chapters. A separate	67639
journal entry shall be entered for each employee to whom that	67640
power is delegated. Each journal entry shall be a matter of public	67641
record and shall be maintained in an administrative portion of the	67642
journal as provided for in division (L) of section 5703.05 of the	67643
Revised Code. When that journal entry is completed, the employee	67644
to whom it pertains, while engaged within the scope of the	67645
employee's duties in enforcing the provisions of this chapter or	67646
Chapter 5728., 5735., 5739., 5741., or 5747. of the Revised Code,	67647
has the power of a police officer to carry concealed weapons, make	67648
arrests, and obtain warrants for violations of any provision in	67649
those chapters. The commissioner, at any time, may suspend or	67650
revoke ~~that~~ the commissioner's delegation by journal entry. No	67651
employee of the department shall divulge any information acquired	67652
as a result of an investigation pursuant to this chapter or	67653
Chapter 5728., 5735., 5739., 5741., or 5747. of the Revised Code,	67654
except as may be required by the commissioner or a court.	67655

(C)(1) The tax commissioner shall not delegate any	67656
investigation powers to an employee of the department of taxation	67657
pursuant to division (B) of this section on a permanent basis, on	67658
a temporary basis, for a probationary term, or on other than a	67659
permanent basis if the employee previously has been convicted of	67660
or has pleaded guilty to a felony.	67661

(2)(a) The tax commissioner shall revoke the delegation of	67662
investigation powers to an employee to whom the delegation was	67663
made pursuant to division (B) of this section if that employee	67664
does either of the following:	67665

(i) Pleads guilty to a felony;

67666

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	67667
plea agreement as provided in division (D) of section 2929.29 of	67668
the Revised Code in which the employee agrees to surrender the	67669
certificate awarded to that employee under section 109.77 of the	67670
Revised Code.	67671

(b) The tax commissioner shall suspend the delegation of	67672
investigation powers to an employee to whom the delegation was	67673
made pursuant to division (B) of this section if that employee is	67674
convicted, after trial, of a felony. If the employee files an	67675
appeal from that conviction and the conviction is upheld by the	67676
highest court to which the appeal is taken or if the employee does	67677
not file a timely appeal, the commissioner shall revoke the	67678
delegation of investigation powers to that employee. If the	67679
employee files an appeal that results in that employee's acquittal	67680
of the felony or conviction of a misdemeanor, or in the dismissal	67681
of the felony charge against that employee, the commissioner shall	67682
reinstate the delegation of investigation powers to that employee.	67683
The suspension, revocation, and reinstatement of the delegation of	67684
investigation powers to an employee under division (C)(2) of this	67685
section shall be made by journal entry pursuant to division (B) of	67686
this section. An employee to whom the delegation of investigation	67687
powers is reinstated under division (C)(2)(b) of this section	67688
shall not receive any back pay for the exercise of those	67689
investigation powers unless that employee's conviction of the	67690
felony was reversed on appeal, or the felony charge was dismissed,	67691
because the court found insufficient evidence to convict the	67692
employee of the felony.	67693

(3) Division (C) of this section does not apply regarding an	67694
offense that was committed prior to January 1, 1997.	67695

(4) The suspension or revocation of the delegation of	67696
investigation powers to an employee under division (C)(2) of this	67697
section shall be in accordance with Chapter 119. of the Revised	67698
Code.	67699

Sec. 5745.01. As used in this chapter:

67700

(A) "Electric company," ~~and~~ "combined company," and	67701
"telephone company," have the same meanings as in section 5727.01	67702
of the Revised Code, except "telephone company" does not include a	67703
non profit corporation.	67704

(B) "Electric light company" has the same meaning as in	67705
section 4928.01 of the Revised Code, and includes the activities	67706
of a combined company as an electric company, but excludes	67707
nonprofit companies and municipal corporations.	67708

67709

(1) An electric light company subject to taxation by a	67710
municipal corporation in this state for a taxable year, excluding	67711
an electric light company that is not an electric company or a	67712
combined company and for which an election made under section	67713
5745.031 of the Revised Code is not in effect with respect to the	67714
taxable year. If such a company is a qualified subchapter S	67715
subsidiary as defined in section 1361 of the Internal Revenue Code	67716
or a disregarded entity, the company's parent S corporation or	67717
owner is the taxpayer for the purposes of this chapter and is	67718
hereby deemed to have nexus with this state under the Constitution	67719
of the United States for the purposes of this chapter.	67720

(2) A telephone company subject to taxation by a municipal	67721
corporation in this state for a taxable year. A telephone company	67722
is subject to taxation under this chapter for any taxable year	67723
that begins on or after January 1, 2004. A telephone company with	67724
a taxable year ending in 2004 shall compute the tax imposed under	67725
this chapter, or shall compute its net operating loss carried	67726
forward for that taxable year, by multiplying the tax owed, or the	67727
loss for the taxable year, by fifty per cent.	67728

(D) "Disregarded entity" means an entity that, for its	67729
taxable year, is by default, or has elected to be, disregarded as	67730
an entity separate from its owner pursuant to 26 C.F.R.	67731
301.7701-3.	67732

(E) "Taxable year" of a taxpayer is the taxpayer's taxable	67733
year for federal income tax purposes.	67734

(F) "Federal taxable income" means taxable income, before	67735
operating loss deduction and special deductions, as required to be	67736
reported for the taxpayer's taxable year under the Internal	67737
Revenue Code.	67738

(G) "Adjusted federal taxable income" means federal taxable	67739
income adjusted as follows:	67740

(1) Deduct intangible income as defined in section 718.01 of	67741
the Revised Code to the extent included in federal taxable income;	67742

(2) Add expenses incurred in the production of such	67743
intangible income;	67744

(3) If, with respect to a qualifying taxpayer and a	67745
qualifying asset there occurs a qualifying taxable event, the	67746
qualifying taxpayer shall reduce its federal taxable income, as	67747
defined in division (F) of this section, by the amount of the	67748
book-tax ~~differential~~difference for that qualifying asset if the	67749
book-tax ~~differential~~difference is greater than zero, and shall	67750
increase its federal taxable income by the absolute value of the	67751
amount of the book-tax ~~differential~~difference for that qualifying	67752
asset if the book-tax ~~differential~~difference is less than zero.	67753
The adjustments provided in division (G)(3) of this section are	67754
subject to divisions (B)(3), (4), and (5) of section 5733.0510 of	67755
the Revised Code to the extent those divisions apply to the	67756
adjustments in that section for the taxable year. A taxpayer shall	67757
not deduct or add any amount under division (G)(3) of this section	67758
with respect to a qualifying asset the sale, exchange, or other	67759
disposition of which resulted in the recognition of a gain or loss	67760
that the taxpayer deducted or added, respectively, under division	67761
(G)(1) or (2) of this section.	67762

For the purposes of division (G)(3) of this section, ~~"net~~	67763
~~income" has the same meaning as in section 5733.04 of the Revised~~	67764
~~Code, and~~ "book-tax ~~differential~~difference," "qualifying	67765
taxpayer," "qualifying asset," and "qualifying taxable event" have	67766
the same meanings as in section 5733.0510 of the Revised Code.	67767

(4) Add the amounts described in section 5745.042 of the	67768
Revised Code.	67769

(5) If the taxpayer is not a C corporation and is not an	67770
individual, the taxpayer shall compute "adjusted federal taxable	67771
income" as if the taxpayer were a C corporation, but with respect	67772
to each owner-employee of the taxpayer, amounts paid or accrued to	67773
a qualified self-employed retirement plan and amounts paid or	67774
accrued to or for health insurance or life insurance shall not be	67775
allowed as a deduction. Nothing in this division shall be	67776
construed as allowing the taxpayer to deduct any amount more than	67777
once.	67778

(6) Add or deduct the amounts described in section 5733.0511	67779
of the Revised Code for qualifying telephone company taxpayers.	67780

(H) "Internal Revenue Code" means the "Internal Revenue Code	67781
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as ~~amended~~it existed on	67782
December 31, 2001.	67783

(I) "Ohio net income" means the amount determined under	67784
division (B) of section 5745.02 of the Revised Code.	67785

Sec. 5745.02. (A) The annual report filed under section	67786
5745.03 of the Revised Code determines a taxpayer's Ohio net	67787
income and the portion of Ohio net income to be apportioned to a	67788
municipal corporation.	67789

(B) A taxpayer's Ohio net income is determined by multiplying	67790
the taxpayer's adjusted federal taxable income by the sum of the	67791
property factor multiplied by one-third, the payroll factor	67792
multiplied by one-third, and the sales factor multiplied by	67793
one-third. If the denominator of one of the factors is zero, the	67794
remaining two factors each shall be multiplied by one-half instead	67795
of one-third; if the denominator of two of the factors is zero,	67796
the remaining factor shall be multiplied by one. The property,	67797
payroll, and sales factors shall be determined in the manner	67798
prescribed by divisions (B)(1), (2), and (3) of this section.	67799

(1) The property factor is a fraction, the numerator of which	67800
is the average value of the taxpayer's real and tangible personal	67801
property owned or rented, and used in business in this state	67802
during the taxable year, and the denominator of which is the	67803
average value of all the taxpayer's real and tangible personal	67804
property owned or rented, and used in business everywhere during	67805
such year. Property owned by the taxpayer is valued at its	67806
original cost. Property rented by the taxpayer is valued at eight	67807
times the net annual rental rate. "Net annual rental rate" means	67808
the annual rental rate paid by the taxpayer less any annual rental	67809
rate received by the taxpayer from subrentals. The average value	67810
of property shall be determined by averaging the values at the	67811
beginning and the end of the taxable year, but the tax	67812
commissioner may require the averaging of monthly values during	67813
the taxable year, if reasonably required to reflect properly the	67814
average value of the taxpayer's property.	67815

(2) The payroll factor is a fraction, the numerator of which	67816
is the total amount paid in this state during the taxable year by	67817
the taxpayer for compensation, and the denominator of which is the	67818
total compensation paid everywhere by the taxpayer during such	67819
year. Compensation means any form of remuneration paid to an	67820
employee for personal services. Compensation is paid in this state	67821
if: (a) the recipient's service is performed entirely within this	67822
state, (b) the recipient's service is performed both within and	67823
without this state, but the service performed without this state	67824
is incidental to the recipient's service within this state, or (c)	67825
some of the service is performed within this state and either the	67826
base of operations, or if there is no base of operations, the	67827
place from which the service is directed or controlled is within	67828
this state, or the base of operations or the place from which the	67829
service is directed or controlled is not in any state in which	67830
some part of the service is performed, but the recipient's	67831
residence is in this state.	67832

(3) The sales factor is a fraction, the numerator of which is	67833
the total sales in this state by the taxpayer during the taxable	67834
year, and the denominator of which is the total sales by the	67835
taxpayer everywhere during such year. Sales of electricity shall	67836
be sitused to this state in the manner provided under section	67837
5733.059 of the Revised Code. In determining the numerator and	67838
denominator of the sales factor, receipts from the sale or other	67839
disposal of a capital asset or an asset described in section 1231	67840
of the Internal Revenue Code shall be eliminated. Also, in	67841
determining the numerator and denominator of the sales factor, in	67842
the case of a reporting taxpayer owning at least eighty per cent	67843
of the issued and outstanding common stock of one or more	67844
insurance companies or public utilities, except an electric	67845
company, a combined company, or a telephone company, or owning at	67846
least twenty-five per cent of the issued and outstanding common	67847
stock of one or more financial institutions, receipts received by	67848
the reporting taxpayer from such utilities, insurance companies,	67849
and financial institutions shall be eliminated.	67850

For the purpose of division (B)(3) of this section, sales of	67851
tangible personal property are in this state where such property	67852
is received in this state by the purchaser. In the case of	67853
delivery of tangible personal property by common carrier or by	67854
other means of transportation, the place at which such property is	67855
ultimately received after all transportation has been completed	67856
shall be considered as the place at which such property is	67857
received by the purchaser. Direct delivery in this state, other	67858
than for purposes of transportation, to a person or firm	67859
designated by a purchaser constitutes delivery to the purchaser in	67860
this state, and direct delivery outside this state to a person or	67861
firm designated by a purchaser does not constitute delivery to the	67862
purchaser in this state, regardless of where title passes or other	67863
conditions of sale.	67864

Sales, other than sales of electricity or tangible personal	67865
property, are in this state if either the income-producing	67866
activity is performed solely in this state, or the	67867
income-producing activity is performed both within and without	67868
this state and a greater proportion of the income-producing	67869
activity is performed within this state than in any other state,	67870
based on costs of performance.	67871

For the purposes of division (B)(3) of this section, the tax	67872
commissioner may adopt rules to apportion sales within this state.	67873

(C) The portion of a taxpayer's Ohio net income taxable by	67874
each municipal corporation imposing an income tax shall be	67875
determined by multiplying the taxpayer's Ohio net income by the	67876
sum of the municipal property factor multiplied by one-third, the	67877
municipal payroll factor multiplied by one-third, and the	67878
municipal sales factor multiplied by one-third, and subtracting	67879
from the product so obtained any "municipal net operating loss	67880
carryforward from prior taxable years." If the denominator of one	67881
of the factors is zero, the remaining two factors each shall be	67882
multiplied by one-half instead of one-third; if the denominator of	67883
two of the factors is zero, the remaining factor shall be	67884
multiplied by one. In calculating the "municipal net operating	67885
loss carryforward from prior taxable years" for each municipal	67886
corporation, net operating losses are apportioned in and out of a	67887
municipal corporation for the taxable year in which the net	67888
operating loss occurs in the same manner that positive net income	67889
would have been so apportioned. Any net operating loss for a	67890
municipal corporation may be applied to subsequent net income in	67891
that municipal corporation to reduce that income to zero or until	67892
the net operating loss has been fully used as a deduction. The	67893
unused portion of net operating losses for each taxable year	67894
apportioned to a municipal corporation may only be applied against	67895
the income apportioned to that municipal corporation for five	67896
subsequent taxable years. Net operating losses occurring in	67897
taxable years ending before 2002 may not be subtracted under this	67898
section.	67899

A taxpayer's municipal property, municipal payroll, and	67900
municipal sales factors for a municipal corporation shall be	67901
determined as provided in divisions (C)(1), (2), and (3) of this	67902
section.	67903

(1) The municipal property factor is the quotient obtained by	67904
dividing (a) the average value of real and tangible personal	67905
property owned or rented by the taxpayer and used in business in	67906
the municipal corporation during the taxable year by (b) the	67907
average value of all of the taxpayer's real and tangible personal	67908
property owned or rented and used in business during that taxable	67909
year in this state. The value and average value of such property	67910
shall be determined in the same manner provided in division (B)(1)	67911
of this section.	67912

(2) The municipal payroll factor is the quotient obtained by	67913
dividing (a) the total amount of compensation earned in the	67914
municipal corporation by the taxpayer's employees during the	67915
taxable year for services performed for the taxpayer and that is	67916
subject to income tax withholding by the municipal corporation by	67917
(b) the total amount of compensation paid by the taxpayer to its	67918
employees in this state during the taxable year. Compensation has	67919
the same meaning as in division (B)(2) of this section.	67920

(3) The municipal sales factor is a fraction, the numerator	67921
of which is the taxpayer's total sales in a municipal corporation	67922
during the taxable year, and the denominator of which is the	67923
taxpayer's total sales in this state during such year.	67924

For the purpose of division (C)(3) of this section, sales of	67925
tangible personal property are in the municipal corporation where	67926
such property is received in the municipal corporation by the	67927
purchaser. Sales of electricity directly to the consumer, as	67928
defined in section 5733.059 of the Revised Code, shall be	67929
considered sales of tangible personal property. In the case of the	67930
delivery of tangible personal property by common carrier or by	67931
other means of transportation, the place at which such property	67932
ultimately is received after all transportation has been completed	67933
shall be considered as the place at which the property is received	67934
by the purchaser. Direct delivery in the municipal corporation,	67935
other than for purposes of transportation, to a person or firm	67936
designated by a purchaser constitutes delivery to the purchaser in	67937
that municipal corporation, and direct delivery outside the	67938
municipal corporation to a person or firm designated by a	67939
purchaser does not constitute delivery to the purchaser in that	67940
municipal corporation, regardless of where title passes or other	67941
conditions of sale. Sales, other than sales of tangible personal	67942
property, are in the municipal corporation if either:	67943

(a) The income-producing activity is performed solely in the	67944
municipal corporation;	67945

(b) The income-producing activity is performed both within	67946
and without the municipal corporation and a greater proportion of	67947
the income-producing activity is performed within that municipal	67948
corporation than any other location in this state, based on costs	67949
of performance.	67950

For the purposes of division (C)(3) of this section, the tax	67951
commissioner may adopt rules to apportion sales within each	67952
municipal corporation.	67953

(D) If a taxpayer is a combined company as defined in section	67954
5727.01 of the Revised Code, the municipal property, payroll, and	67955
sales factors under division (C) of this section shall be adjusted	67956
as follows:	67957

(1) The numerator of the municipal property factor shall	67958
include only the value, as determined under division (C)(1) of	67959
this section, of the company's real and tangible property in the	67960
municipal corporation attributed to the company's activity as an	67961
electric company using the same methodology prescribed under	67962
section 5727.03 of the Revised Code for taxable tangible personal	67963
property.	67964

(2) The numerator of the municipal payroll factor shall	67965
include only compensation paid in the municipal corporation by the	67966
company to its employees for personal services rendered in the	67967
company's activity as an electric company.	67968

(3) The numerator of the municipal sales factor shall include	67969
only the sales of tangible personal property and services, as	67970
determined under division (C)(3) of this section, made in the	67971
municipal corporation in the course of the company's activity as	67972
an electric company.	67973

(E)(1) If the provisions for apportioning adjusted federal	67974
taxable income or Ohio net income under ~~division~~divisions (B),	67975
(C), and (D) of this section do not fairly represent business	67976
activity in this state or among municipal corporations, the tax	67977
commissioner may adopt rules for apportioning such income by an	67978
alternative method that fairly represents business activity in	67979
this state or among municipal corporations.	67980

(2) If any of the factors determined under division (B), (C),	67981
or (D) of this section does not fairly represent the extent of a	67982
taxpayer's business activity in this state or among municipal	67983
corporations, the taxpayer may request, or the tax commissioner	67984
may require, that the taxpayer's adjusted federal taxable income	67985
or Ohio net income be determined by an alternative method,	67986
including any of the alternative methods enumerated in division	67987
(B)(2)(d) of section 5733.05 of the Revised Code. A taxpayer	67988
requesting an alternative method shall make the request in writing	67989
to the tax commissioner either with the annual report, a timely	67990
filed amended report, or a timely filed petition for reassessment.	67991
When the tax commissioner requires or permits an alternative	67992
method under division (E)(2) of this section, the tax commissioner	67993
shall cause a written notice to that effect to be delivered to any	67994
municipal corporation that would be affected by application of the	67995
alternative method. Nothing in this division shall be construed to	67996
extend any statute of limitations under this chapter.	67997

(F)(1) The tax commissioner may adopt rules providing for the	67998
combination of adjusted federal taxable incomes of taxpayers	67999
satisfying the ownership or control requirements of section	68000
5733.052 of the Revised Code if the tax commissioner finds that	68001
such combinations are necessary to properly reflect adjusted	68002
federal taxable income, Ohio net income, or the portion of Ohio	68003
net income to be taxable by municipal corporations.	68004

(2) A taxpayer satisfying the ownership or control	68005
requirements of section 5733.052 of the Revised Code with respect	68006
to one or more other taxpayers may not combine their adjusted	68007
federal taxable incomes for the purposes of this section unless	68008
rules are adopted under division (F)(1) of this section allowing	68009
such a combination or the tax commissioner finds that such a	68010
combination is necessary to properly reflect the taxpayers'	68011
adjusted federal taxable incomes, Ohio net incomes, or the portion	68012
of Ohio net incomes to be subject to taxation within a municipal	68013
corporation.	68014

(G) The tax commissioner may adopt rules providing for	68015
alternative apportionment methods for a telephone company.	68016

Sec. 5745.04. (A) As used in this section, "combined tax	68017
liability" means the total of a taxpayer's income tax liabilities	68018
to all municipal corporations in this state for a taxable year.	68019

(B) Beginning with its taxable year beginning in 2003, each	68020
taxpayer shall file a declaration of estimated tax report with,	68021
and remit estimated taxes to, the tax commissioner, payable to the	68022
treasurer of state, at the times and in the amounts prescribed in	68023
divisions (B)(1) to (4) of this section. This division also	68024
applies to a taxpayer having a taxable year consisting of fewer	68025
than twelve months, at least one of which is in 2002, that ends	68026
before January 1, 2003. The first taxable year a taxpayer is	68027
subject to this chapter, the estimated taxes the taxpayer is	68028
required to remit under this section shall be based solely on the	68029
current taxable year and not on the liability for the preceding	68030
taxable year.	68031

(1) Not less than twenty-five per cent of the combined tax	68032
liability for the preceding taxable year or twenty per cent of the	68033
combined tax liability for the current taxable year shall have	68034
been remitted not later than the fifteenth day of the fourth month	68035
after the end of the preceding taxable year.	68036

(2) Not less than fifty per cent of the combined tax	68037
liability for the preceding taxable year or forty per cent of the	68038
combined tax liability for the current taxable year shall have	68039
been remitted not later than the fifteenth day of the sixth month	68040
after the end of the preceding taxable year.	68041

(3) Not less than seventy-five per cent of the combined tax	68042
liability for the preceding taxable year or sixty per cent of the	68043
combined tax liability for the current taxable year shall have	68044
been remitted not later than the fifteenth day of the ninth month	68045
after the end of the preceding taxable year.	68046

(4) Not less than one hundred per cent of the combined tax	68047
liability for the preceding taxable year or eighty per cent of the	68048
combined tax liability for the current taxable year shall have	68049
been remitted not later than the fifteenth day of the twelfth	68050
month after the end of the preceding taxable year.	68051

(C) Each taxpayer shall report on the declaration of	68052
estimated tax report the portion of the remittance that the	68053
taxpayer estimates that it owes to each municipal corporation for	68054
the taxable year.	68055

(D) Upon receiving a declaration of estimated tax report and	68056
remittance of estimated taxes under this section, the tax	68057
commissioner shall immediately forward to the treasurer of state	68058
such remittance. The treasurer of state shall credit ninety-eight	68059
and one-half per cent of the remittance to the municipal income	68060
tax fund and credit the remainder to the municipal income tax	68061
administrative fund.	68062

(E) If any remittance of estimated taxes is for one thousand	68063
dollars or more, the taxpayer shall make the remittance by	68064
electronic funds transfer as prescribed by section 5745.04 of the	68065
Revised Code.	68066

(F) Notwithstanding section 5745.08 or 5745.09 of the Revised	68067
Code, no penalty or interest shall be imposed on a taxpayer if the	68068
declaration of estimated tax report is properly filed, and the	68069
estimated tax is paid, within the time prescribed by division (B)	68070
of this section.	68071

Sec. 5745.042. (A) As used in this section:

68072

(1) "Intangible expenses and costs" means expenses, losses,	68073
and costs for, related to, or in connection with, the direct or	68074
indirect acquisition, use, maintenance, management, ownership,	68075
sale, exchange, or any other direct or indirect disposition of	68076
intangible property to the extent such amounts are allowed as	68077
deductions or costs in determining taxable income before operating	68078
loss deduction and special deductions for the taxable year under	68079
the Internal Revenue Code. Such expenses and costs include losses	68080
related to, or incurred in connection with, factoring	68081
transactions, discounting transactions, royalty, patent,	68082
technical, copyright, and licensing fees, and other similar	68083
expenses and costs.	68084

(2) "Interest expenses and costs" include amounts directly or	68085
indirectly allowed as deductions under section 163 of the Internal	68086
Revenue Code for purposes of determining taxable income.	68087

(3) "Related member" has the same meaning as in section	68088
5733.042 of the Revised Code.	68089

(B) Except as otherwise provided in section 5745.044 of the	68090
Revised Code, for taxable years beginning on or after January 1,	68091
2004, in computing adjusted federal taxable income under division	68092
(H)(4) of section 5745.01 of the Revised Code, a taxpayer shall	68093
add interest expenses and costs and intangible expenses and costs	68094
directly or indirectly paid, accrued, or incurred to, or in	68095
connection with, one or more direct or indirect transactions with	68096
one or more related members. The taxpayer shall make the	68097
adjustment required under this division in accordance with the	68098
principles and concepts set forth in section 5733.057 of the	68099
Revised Code.	68100

(C)(1) Division (B) of this section does not apply to any	68101
portion of interest expenses and costs and intangible expenses and	68102
costs for which the taxpayer can establish by a preponderance of	68103
the evidence that:	68104

(a) The related member during the same taxable year directly	68105
or indirectly paid, accrued, or incurred such portion to a person	68106
who is not a related member, and during the six-year period	68107
commencing three years prior to the first day of the taxpayer's	68108
taxable year the person or the person's related member did not	68109
pay, accrue, or incur all or any portion, amount, or similar	68110
portion of such expenses or costs to the taxpayer or to any	68111
related member of the taxpayer; and	68112

(b) The transaction giving rise to the interest expenses and	68113
costs or the intangible expenses and costs between the taxpayer	68114
and the related member did not have as a principal purpose the	68115
avoidance of any portion of the tax due by the taxpayer.	68116

(2) A taxpayer shall not be required to make any adjustment	68117
required under division (B) of this section if the increased tax,	68118
if any, attributable to such adjustment would have been avoided	68119
had the taxpayer, the related member, and any other related	68120
members to whom the taxpayer's related member pays, accrues, or	68121
incurs the expenses and costs had filed a consolidated municipal	68122
income tax return.	68123

(D) If a taxpayer required to make an adjustment under	68124
division (B) of this section fails to make the adjustment and pay	68125
the additional tax, if any, attributable to such adjustment within	68126
one year after the taxpayer files the municipal income tax report,	68127
a penalty shall be imposed equal to twice the interest charged	68128
under section 5745.07 of the Revised Code. The penalty imposed	68129
under this division is in addition to all other interest,	68130
penalties, and other charges imposed under this chapter.	68131

(E) The tax commissioner may waive, abate, modify, or refund,	68132
with interest, all or any portion of a penalty imposed under	68133
division (D) of this section if the taxpayer establishes beyond a	68134
reasonable doubt that any failure to fully comply with this	68135
section was not an attempt to avoid any portion of the tax due	68136
under this chapter.	68137

(F)(1) As used in this division, "tax difference" means the	68138
difference between the tax imposed on a taxpayer under section	68139
5733.06 of the Revised Code and the amount of tax attributable to	68140
the adjustment required under division (B) of this section that	68141
the taxpayer pays within one year from the date prescribed for	68142
payment.	68143

(2) The penalty created under division (D) of this section	68144
does not apply if the tax difference:	68145

(a) Is less than ten per cent of the tax imposed under this	68146
chapter; and	68147

(b) Is less than fifty thousand dollars.

68148

(G) Nothing in this section shall be construed as requiring a	68149
taxpayer to add interest expenses and costs and intangible	68150
expenses and costs to federal taxable income more than once in any	68151
taxable year.	68152

Sec. 5745.044. (A)(1) As used in this section, "federal	68153
income tax return" does not include any return filed for purposes	68154
of reporting withholding taxes, providing information rather than	68155
reporting income tax liability, or claiming the benefits of a tax	68156
treaty between the United States and another government.	68157

(2) "Federal income tax" does not include withholding taxes.

68158

(3) "Related member" has the same meaning as in section	68159
5733.042 of the Revised Code.	68160

(B) The adjustments required under division (B) of section	68161
5745.042 of the Revised Code for interest expenses and costs and	68162
intangible expenses and costs paid to a related member do not	68163
apply to a C corporation for the taxable year if the C corporation	68164
establishes all of the following by clear and convincing evidence:	68165

(1) The corporation paid the expenses and costs to the	68166
related member either directly or through a related member that	68167
did not charge the corporation a fee;	68168

(2) The expenses and costs were paid to a related member	68169
that, for the six-year period beginning three years prior to the	68170
payment, was not subject to federal income tax with respect to the	68171
payment and was not required to file a federal income tax return	68172
with the internal revenue service for purposes of reporting the	68173
payment;	68174

(3) During the six-year period beginning three years prior to	68175
the payment, the related member did not directly or indirectly	68176
remit any portion of the payment to any other related member that	68177
during any portion of the six-year period was subject to federal	68178
income tax with respect to the payment and was required to file a	68179
federal income tax return with the internal revenue service for	68180
purposes of reporting the payment;	68181

(4) In calculating its federal income tax for the taxable	68182
year in which the payment occurred, the corporation is allowed to	68183
deduct the payment under an advanced pricing agreement between the	68184
corporation and the internal revenue service, it has satisfied the	68185
documentation requirements of sections 482 and 6662(e) of the	68186
Internal Revenue Code, or it has complied with section 482 of the	68187
Internal Revenue Code; and	68188

(5) The transaction giving rise to the payment did not have	68189
as a principal purpose the avoidance of any portion of the tax due	68190
under this chapter.	68191

(C) A corporation claiming that the adjustments required	68192
under division (B) of section 5745.042 of the Revised Code do not	68193
apply to it must refute by clear and convincing evidence any	68194
reasonable conclusion of the tax commissioner that any of the	68195
doctrines set forth in section 5703.56 of the Revised Code should	68196
apply.	68197

(D) If a corporation makes a payment to a related member and	68198
the payment is processed or paid through another related member as	68199
described in division (B)(1) of this section, this section applies	68200
only to the corporation's pro rata share of the total payments	68201
made by all such related members during the taxable year, unless	68202
the corporation establishes by clear and convincing evidence that	68203
its actual payment to the related member was more than its pro	68204
rata share.	68205

(E) Any adjustments made by the internal revenue service with	68206
respect to any related member of the corporation under an advanced	68207
pricing agreement or section 482 of the Internal Revenue Code	68208
shall be presumed to be adjustments properly attributed to the	68209
corporation, unless the corporation establishes by clear and	68210
convincing evidence that the adjustment should be attributed, in	68211
whole or in part, to another person.	68212

(F) If any corporation claims the benefit provided under	68213
division (B) of this section and is not entitled to such benefit,	68214
any adjustment required by section 5745.042 of the Revised Code	68215
shall be increased by an amount equal to twice the amount of the	68216
adjustment, unless the adjustment was made under an advanced	68217
pricing agreement.	68218

Sec. 5747.02. (A) For the purpose of providing revenue for	68219
the support of schools and local government functions, to provide	68220
relief to property taxpayers, to provide revenue for the general	68221
revenue fund, and to meet the expenses of administering the tax	68222
levied by this chapter, there is hereby levied on every	68223
individual, trust, and estate residing in or earning or receiving	68224
income in this state, on every individual, trust, and estate	68225
earning or receiving lottery winnings, prizes, or awards pursuant	68226
to Chapter 3770. of the Revised Code, and on every individual,	68227
trust, and estate otherwise having nexus with or in this state	68228
under the Constitution of the United States, an annual tax	68229
measured in the case of individuals by Ohio adjusted gross income	68230
less an exemption for the taxpayer, the taxpayer's spouse, and	68231
each dependent as provided in section 5747.025 of the Revised	68232
Code; measured in the case of trusts by modified Ohio taxable	68233
income under division (D) of this section; and measured in the	68234
case of estates by Ohio taxable income. The tax imposed by this	68235
section on the balance thus obtained is hereby levied as follows:	68236

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		68237
OR		68238
MODIFIED OHIO		68239
TAXABLE INCOME (TRUSTS)		68240
OR		68241
OHIO TAXABLE INCOME (ESTATES)	TAX	68242

$5,000 or less	.743%	68243
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	68244
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	68245
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	68246
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	68247
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	68248
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	68249
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	68250
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	68251

In July of each year, beginning in 2005, the tax commissioner	68252
shall adjust the income amounts prescribed in this division by	68253
multiplying the percentage increase in the gross domestic product	68254
deflator computed that year under section 5747.025 of the Revised	68255
Code by each of the income amounts resulting from the adjustment	68256
under this division in the preceding year, adding the resulting	68257
product to the corresponding income amount resulting from the	68258
adjustment in the preceding year, and rounding the resulting sum	68259
to the nearest multiple of fifty dollars. The tax commissioner	68260
also shall recompute each of the tax dollar amounts to the extent	68261
necessary to reflect the adjustment of the income amounts. The	68262
rates of taxation shall not be adjusted.	68263

The adjusted amounts apply to taxable years beginning in the	68264
calendar year in which the adjustments are made. The tax	68265
commissioner shall not make such adjustments in any year in which	68266
the amount resulting from the adjustment would be less than the	68267
amount resulting from the adjustment in the preceding year.	68268

(B) If the director of budget and management makes a	68269
certification to the tax commissioner under division (B) of	68270
section 131.44 of the Revised Code, the amount of tax as	68271
determined under division (A) of this section shall be reduced by	68272
the percentage prescribed in that certification for taxable years	68273
beginning in the calendar year in which that certification is	68274
made.	68275

(C) The levy of this tax on income does not prevent a	68276
municipal corporation, a joint economic development zone created	68277
under section 715.691, or a joint economic development district	68278
created under section 715.70 or 715.71 or sections 715.72 to	68279
715.81 of the Revised Code from levying a tax on income.	68280

(D) This division applies only to taxable years of a trust	68281
beginning in 2002, 2003, or 2004.	68282

(1) The tax imposed by this section on a trust shall be	68283
computed by multiplying the Ohio modified taxable income of the	68284
trust by the rates prescribed by division (A) of this section.	68285

(2) A credit is allowed against the tax computed under	68286
division (D) of this section equal to the lesser of (1) the tax	68287
paid to another state or the District of Columbia on the trust's	68288
modified nonbusiness income, other than the portion of the trust's	68289
nonbusiness income that is qualifying investment income as defined	68290
in section 5747.012 of the Revised Code, or (2) the effective tax	68291
rate, based on modified Ohio taxable income, multiplied by the	68292
trust's modified nonbusiness income other than the portion of	68293
trust's nonbusiness income that is qualifying investment income.	68294
The credit applies before any other applicable credits.	68295

(3) The credits enumerated in divisions (A)(1) to (13) of	68296
section 5747.98 of the Revised Code do not apply to a trust	68297
subject to this division. Any credits enumerated in other	68298
divisions of section 5747.98 of the Revised Code apply to a trust	68299
subject to this division. To the extent that the trust distributes	68300
income for the taxable year for which a credit is available to the	68301
trust, the credit shall be shared by the trust and its	68302
beneficiaries. The tax commissioner and the trust shall be guided	68303
by applicable regulations of the United States treasury regarding	68304
the sharing of credits.	68305

(E) For the purposes of this section, "trust" means any trust	68306
described in Subchapter J of Chapter 1 of the Internal Revenue	68307
Code, excluding trusts that are not irrevocable as defined in	68308
division (I)(3)(b) of section 5747.01 of the Revised Code and that	68309
have no modified Ohio taxable income for the taxable year,	68310
charitable remainder trusts, ~~qualified funeral trusts,~~ endowment	68311
and perpetual care trusts, qualified settlement trusts and funds,	68312
designated settlement trusts and funds, and trusts exempted from	68313
taxation under section 501(a) of the Internal Revenue Code.	68314

Sec. 5747.026. (A) For taxable years beginning on or after	68315
January 1, 2002, a member of the national guard or a member of a	68316
reserve component of the armed forces of the United States called	68317
to active or other duty under operation Iraqi freedom may apply to	68318
the tax commissioner for an extension for filing of the return and	68319
payment of taxes required under Chapter 5747. of the Revised Code	68320
during the period of the member's duty service and for sixty days	68321
thereafter. The application shall be filed on or before the	68322
sixtieth day after the member's duty terminates. An applicant	68323
shall provide such evidence as the commissioner considers	68324
necessary to demonstrate eligibility for the extension.	68325

(B)(1) If the commissioner determines that an applicant is	68326
qualified for an extension under this section, the commissioner	68327
shall enter into a contract with the applicant for the payment of	68328
the tax in installments that begin on the sixty-first day after	68329
the applicant's duty under operation Iraqi freedom terminates.	68330
Except as provided in division (B)(3) of this section, the	68331
commissioner may prescribe such contract terms as the commissioner	68332
considers appropriate.	68333

(2) If the commissioner determines that an applicant is	68334
qualified for an extension under this section, the applicant shall	68335
not be required to file any return, report, or other tax document	68336
before the sixty-first day after the applicant's duty under	68337
operation Iraqi freedom terminates.	68338

(3) Taxes paid pursuant to a contract entered into under	68339
division (B)(1) of this section are not delinquent. The tax	68340
commissioner shall not require any payments of penalties or	68341
interest in connection with such taxes.	68342

(C) The tax commissioner shall adopt rules necessary to	68343
administer this section, including rules establishing the	68344
following:	68345

(1) Forms and procedures by which applicants may apply for	68346
extensions;	68347

(2) Criteria for eligibility;

68348

(3) A schedule for repayment of deferred taxes.

68349

Sec. 5747.12. If a person entitled to a refund under section	68350
5747.11 or 5747.13 of the Revised Code is indebted to this state	68351
for any tax, workers' compensation premium due under section	68352
4123.35 of the Revised Code, unemployment compensation	68353
contribution due under section 4141.25 of the Revised Code, or fee	68354
~~administered by the tax commissioner~~ that is paid to the state or	68355
to the clerk of courts pursuant to section 4505.06 of the Revised	68356
Code, or any charge, penalty, or interest arising from such a tax,	68357
workers' compensation premium, unemployment compensation	68358
contribution, or fee, the amount refundable may be applied in	68359
satisfaction of the debt. If the amount refundable is less than	68360
the amount of the debt, it may be applied in partial satisfaction	68361
of the debt. If the amount refundable is greater than the amount	68362
of the debt, the amount remaining after satisfaction of the debt	68363
shall be refunded. If the person has more than one such debt, any	68364
debt subject to section 5739.33 or division (G) of section 5747.07	68365
of the Revised Code shall be satisfied first. This section applies	68366
only to debts that have become final.	68367

The tax commissioner may, with the consent of the taxpayer,	68368
provide for the crediting, against tax imposed under this chapter	68369
or Chapter 5748. of the Revised Code and due for any taxable year,	68370
of the amount of any refund due the taxpayer under this chapter or	68371
Chapter 5748. of the Revised Code, as appropriate, for a preceding	68372
taxable year.	68373

Sec. 5747.31. (A) This section applies to an individual or	68374
estate that is a proprietor or a pass-through entity investor.	68375

(B) A taxpayer described in division (A) of this section is	68376
allowed a credit that shall be computed and claimed in the same	68377
manner as the credit allowed to corporations in section 5733.33 of	68378
the Revised Code. The taxpayer shall claim one-seventh of the	68379
credit amount for the calendar year in which the new manufacturing	68380
machinery and equipment is purchased for use in the county by the	68381
taxpayer or partnership. One-seventh of the taxpayer credit amount	68382
is allowed for each of the six ensuing taxable years. The taxpayer	68383
shall claim the credit in the order required under section 5747.98	68384
of the Revised Code.	68385

The taxpayer shall file with the department of development a	68386
notice of intent to claim the credit in accordance with division	68387
(E) of section 5733.33 of the Revised Code.	68388

(C)(1) A taxpayer described in division (A) of this section	68389
is allowed a credit that shall be computed in the same manner as	68390
the credit allowed to a corporation in section 5733.39 of the	68391
Revised Code, with the following adjustments:	68392

(a) Substitute "taxable year" for "tax year" wherever "tax	68393
year" appears in section 5733.39 of the Revised Code;	68394

(b) Substitute "5747.02" for "5733.06" wherever "5733.06"	68395
appears in section 5733.39 of the Revised Code;	68396

(c) Substitute "5747.98" for "5733.98" wherever "5733.98"	68397
appears in section 5733.39 of the Revised Code;	68398

(d) The credit allowed under division (C) of this section	68399
shall be subject to the same disallowance for the carryover or	68400
carryback of any unused credit as provided in division (C) of	68401
section 5733.39 of the Revised Code.	68402

(2) Notwithstanding section ~~5747.131~~5703.56 of the Revised	68403
Code to the contrary, a taxpayer claiming a credit under this	68404
division has the burden of establishing by a preponderance of the	68405
evidence that the doctrines enumerated in section ~~5747.131~~5703.56	68406
of the Revised Code do not apply with respect to the credit	68407
provided by this division.	68408

(D) Nothing in this section shall be construed to limit or	68409
disallow pass-through treatment of a pass-through entity's income,	68410
deductions, credits, or other amounts necessary to compute the tax	68411
imposed by section 5747.02 of the Revised Code and the credits	68412
allowed by this chapter.	68413

Sec. 5901.021. (A) This section applies only to counties	68414
having a population, according to the most recent decennial	68415
census, of more than ~~four~~five hundred thousand. In	68416

(B)(1) In any ~~such~~ county that is described in division (A)	68417
of this section and in which the veterans service commission	68418
submits a budget request under section 5901.11 of the Revised Code	68419
for the ensuing fiscal year that exceeds ~~(1)~~	68420
twenty-five-thousandths of one per cent of the assessed value of	68421
property in the county or ~~(2)~~ the amount appropriated to the	68422
commission from the county general fund in the current fiscal year	68423
by more than ten per cent of that appropriation, the board of	68424
county commissioners, by resolution, may create not more than six	68425
memberships on the veterans service commission in addition to the	68426
memberships provided for by section 5901.02 of the Revised Code.	68427
The board shall prescribe the number of years ~~such~~the additional	68428
memberships shall exist, which shall not exceed five years. Once a	68429
board of county commissioners creates ~~such~~any additional	68430
memberships, it may not create further additional memberships	68431
under this section if the total number of such memberships would	68432
exceed six. The board shall appoint persons who are residents of	68433
the county and who are honorably discharged or honorably separated	68434
veterans to each of the additional memberships, for terms	68435
prescribed by the board and commencing on a date fixed by the	68436
board. Each person appointed to an additional membership shall	68437
file, within sixty days after the date of the appointment, the	68438
person's form DD214 with the governor's office of veterans affairs	68439
in accordance with guidelines established by the director of that	68440
office.	68441

(2) If the board of county commissioners appoints ~~such~~	68442
additional members as described in division (B)(1) of this	68443
section, the board may permit the commission to submit an original	68444
or revised budget request for the ensuing fiscal year later than	68445
the last Monday in May, as otherwise required under section	68446
5901.11 of the Revised Code.	68447

(C) The board of county commissioners may remove, for cause,	68448
any member appointed under this section;. The board shall ~~provide~~	68449
~~for~~determine whether ~~such~~the additional members may be	68450
reappointed upon the expiration of their terms;, and shall fill	68451
any vacancy in aan additional membership ~~appointed under this~~	68452
~~section~~ for the unexpired term in the manner provided for the	68453
original appointment.	68454

Sec. 6101.09. Within thirty days after the conservancy	68455
district has been declared a corporation by the court, the clerk	68456
of such court shall transmit to the secretary of state, to the	68457
director of the department of natural resources, and to the county	68458
recorder in each of the counties having lands in the district,	68459
copies of the findings and the decree of the court incorporating	68460
the district. The same shall be filed and recorded in the office	68461
of the secretary of state in the same manner as articles of	68462
incorporation are required to be filed and recorded under the	68463
general law concerning corporations. Copies shall also be filed	68464
and become permanent records in the office of the recorder of each	68465
county in which a part of the district lies. Each recorder shall	68466
receive a base fee of one dollar for filing and preserving such	68467
copies and a housing trust fund fee of one dollar pursuant to	68468
section 317.36 of the Revised Code, and the secretary of state	68469
shall receive for filing and for recording the copies a fee of	68470
twenty-five dollars.	68471

Sec. 6109.21. (A) Except as provided in divisions (D) and	68472
(E) of this section, on and after January 1, 1994, no person shall	68473
operate or maintain a public water system in this state without a	68474
license issued by the director of environmental protection. A	68475
person who operates or maintains a public water system on January	68476
1, 1994, shall obtain an initial license under this section in	68477
accordance with the following schedule:	68478

(1) If the public water system is a community water system,	68479
not later than January 31, 1994;	68480

(2) If the public water system is not a community water	68481
system and serves a nontransient population, not later than	68482
January 31, 1994;	68483

(3) If the public water system is not a community water	68484
system and serves a transient population, not later than January	68485
31, 1995.	68486

A person proposing to operate or maintain a new public water	68487
system after January 1, 1994, in addition to complying with	68488
section 6109.07 of the Revised Code and rules adopted under it,	68489
shall submit an application for an initial license under this	68490
section to the director prior to commencing operation of the	68491
system.	68492

A license or license renewal issued under this section shall	68493
be renewed annually. Such a license or license renewal shall	68494
expire on the thirtieth day of January in the year following its	68495
issuance. A license holder that proposes to continue operating the	68496
public water system for which the license or license renewal was	68497
issued shall apply for a license renewal at least thirty days	68498
prior to that expiration date.	68499

The director shall adopt, and may amend and rescind, rules in	68500
accordance with Chapter 119. of the Revised Code establishing	68501
procedures governing and information to be included on	68502
applications for licenses and license renewals under this section.	68503
Through June 30, ~~2004~~2006, each application shall be accompanied	68504
by the appropriate fee established under division (M) of section	68505
3745.11 of the Revised Code, provided that an applicant for an	68506
initial license who is proposing to operate or maintain a new	68507
public water system after January 1, 1994, shall submit a fee that	68508
equals a prorated amount of the appropriate fee established under	68509
that division for the remainder of the licensing year.	68510

(B) Not later than thirty days after receiving a completed	68511
application and the appropriate license fee for an initial license	68512
under division (A) of this section, the director shall issue the	68513
license for the public water system. Not later than thirty days	68514
after receiving a completed application and the appropriate	68515
license fee for a license renewal under division (A) of this	68516
section, the director shall do one of the following:	68517

(1) Issue the license renewal for the public water system;

68518

(2) Issue the license renewal subject to terms and conditions	68519
that the director determines are necessary to ensure compliance	68520
with this chapter and rules adopted under it;	68521

(3) Deny the license renewal if the director finds that the	68522
public water system was not operated in substantial compliance	68523
with this chapter and rules adopted under it.	68524

(C) The director may suspend or revoke a license or license	68525
renewal issued under this section if the director finds that the	68526
public water system was not operated in substantial compliance	68527
with this chapter and rules adopted under it. The director shall	68528
adopt, and may amend and rescind, rules in accordance with Chapter	68529
119. of the Revised Code governing such suspensions and	68530
revocations.	68531

(D)(1) As used in division (D) of this section, "church"	68532
means a fellowship of believers, congregation, society,	68533
corporation, convention, or association that is formed primarily	68534
or exclusively for religious purposes and that is not formed or	68535
operated for the private profit of any person.	68536

(2) This section does not apply to a church that operates or	68537
maintains a public water system solely to provide water for that	68538
church or for a campground that is owned by the church and	68539
operated primarily or exclusively for members of the church and	68540
their families. A church that, on or before March 5, 1996, has	68541
obtained a license under this section for such a public water	68542
system need not obtain a license renewal under this section.	68543

(E) This section does not apply to any public or nonpublic	68544
school that meets minimum standards of the state board of	68545
education that operates or maintains a public water system solely	68546
to provide water for that school.	68547

Sec. 6115.09. Within thirty days after the sanitary district	68548
has been declared a corporation by the court, the clerk of such	68549
court shall transmit to the secretary of state, and to the county	68550
recorder in each of the counties having lands in said district,	68551
copies of the findings and the decree of the court incorporating	68552
said district. The same shall be filed and recorded in the office	68553
of the secretary of state in the same manner as articles of	68554
incorporation are required to be filed and recorded under the	68555
general law concerning corporations. Copies shall also be filed	68556
and become permanent records in the office of the recorder of each	68557
county in which a part of the district lies. Each recorder shall	68558
receive a base fee of one dollar for filing and preserving such	68559
copies and a housing trust fund fee of one dollar pursuant to	68560
section 317.36 of the Revised Code, and the secretary of state	68561
shall receive for filing and for recording said copies such fees	68562
as are provided by law for like services in similar cases.	68563

Sec. 6117.02. (A) The board of county commissioners shall	68564
fix reasonable rates, including penalties for late payments, for	68565
the use, or the availability for use, of the sanitary facilities	68566
of a sewer district to be paid by every person and public agency	68567
whose premises are served, or capable of being served, by a	68568
connection directly or indirectly to those facilities when those	68569
facilities are owned or operated by the county and may change the	68570
rates from time to time as it considers advisable. When the	68571
sanitary facilities to be used by the county are owned by another	68572
public agency or person, the schedule of rates to be charged by	68573
the public agency or person for the use of the facilities by the	68574
county, or the formula or other procedure for their determination,	68575
shall be approved by the board at the time it enters into a	68576
contract for that use.	68577

(B) The board also shall establish reasonable charges to be	68578
collected for the privilege of connecting to the sanitary	68579
facilities of the district, with the requirement that, prior to	68580
the connection, the charges shall be paid in full, or, if	68581
determined by the board to be equitable in a resolution relating	68582
to the payment of the charges, provision considered adequate by	68583
the board shall be made for their payment in installments at the	68584
times, in the amounts, and with the security, carrying charges,	68585
and penalties as may be found by the board in that resolution to	68586
be fair and appropriate. No public agency or person shall be	68587
permitted to connect to those facilities until the charges have	68588
been paid in full or provision for their payment in installments	68589
has been made. If the connection charges are to be paid in	68590
installments, the board shall certify to the county auditor	68591
information sufficient to identify each parcel of property served	68592
by a connection and, with respect to each parcel, the total of the	68593
charges to be paid in installments, the amount of each	68594
installment, and the total number of installments to be paid. The	68595
auditor shall record and maintain the information supplied in the	68596
sewer improvement record provided for in section 6117.33 of the	68597
Revised Code until the connection charges are paid in full. The	68598
board may include amounts attributable to connection charges being	68599
paid in installments in its billings of rates and charges for the	68600
use of sanitary facilities.	68601

(C) When any of the sanitary rates or charges are not paid	68602
when due, the board may do any or all of the following as it	68603
considers appropriate:	68604

(1) Certify the unpaid rates or charges, together with any	68605
penalties, to the county auditor, who shall place them upon the	68606
real property tax list and duplicate against the property served	68607
by the connection. The certified amount shall be a lien on the	68608
property from the date placed on the real property tax list and	68609
duplicate and shall be collected in the same manner as taxes,	68610
except that, notwithstanding section 323.15 of the Revised Code, a	68611
county treasurer shall accept a payment in that amount when	68612
separately tendered as payment for the full amount of the unpaid	68613
sanitary rates or charges and associated penalties. The lien shall	68614
be released immediately upon payment in full of the certified	68615
amount.	68616

(2) Collect the unpaid rates or charges, together with any	68617
penalties, by actions at law in the name of the county from an	68618
owner, tenant, or other person or public agency that is liable for	68619
the payment of the rates or charges;	68620

(3) Terminate, in accordance with established rules, the	68621
sanitary service to the particular property and, if so determined,	68622
any county water service to that property, unless and until the	68623
unpaid sanitary rates or charges, together with any penalties, are	68624
paid in full;	68625

(4) Apply, to the extent required, any security deposit made	68626
in accordance with established rules to the payment of sanitary	68627
rates and charges for service to the particular property.	68628

All moneys collected as sanitary rates, charges, or penalties	68629
fixed or established in accordance with divisions (A) and (B) of	68630
this section for any sewer district shall be paid to the county	68631
treasurer and kept in a separate and distinct sanitary fund	68632
established by the board to the credit of the district. Except as	68633
otherwise provided in any proceedings authorizing or providing for	68634
the security for and payment of any public obligations, or in any	68635
indenture or trust or other agreement securing public obligations,	68636
moneys in the sanitary fund shall be applied first to the payment	68637
of the cost of the management, maintenance, and operation of the	68638
sanitary facilities of, or used or operated for, the district,	68639
which cost may include the county's share of management,	68640
maintenance, and operation costs under cooperative contracts for	68641
the acquisition, construction, or use of sanitary facilities and,	68642
in accordance with a cost allocation plan adopted under division	68643
(E) of this section, payment of all allowable direct and indirect	68644
costs of the district, the county sanitary engineer or sanitary	68645
engineering department, or a federal or state grant program,	68646
incurred for sanitary purposes under this chapter, and shall be	68647
applied second to the payment of debt charges payable on any	68648
outstanding public obligations issued or incurred for the	68649
acquisition or construction of sanitary facilities for or serving	68650
the district, or for the funding of a bond retirement or other	68651
fund established for the payment of or security for the	68652
obligations. Any surplus remaining may be applied to the	68653
acquisition or construction of those facilities or for the payment	68654
of contributions to be made, or costs incurred, for the	68655
acquisition or construction of those facilities under cooperative	68656
contracts. Moneys in the sanitary fund shall not be expended other	68657
than for the use and benefit of the district.	68658

(D) The board may fix reasonable rates and charges, including	68659
connection charges and penalties for late payments, to be paid by	68660
any person or public agency owning or having possession or control	68661
of any properties that are connected with, capable of being served	68662
by, or otherwise served directly or indirectly by, drainage	68663
facilities owned or operated by or under the jurisdiction of the	68664
county, including, but not limited to, properties requiring, or	68665
lying within an area of the district requiring, in the judgment of	68666
the board, the collection, control, or abatement of waters	68667
originating or accumulating in, or flowing in, into, or through,	68668
the district, and may change those rates and charges from time to	68669
time as it considers advisable. ~~The~~In addition, the board may fix	68670
the rates and charges in order to pay the costs of complying with	68671
the requirements of phase II of the storm water program of the	68672
national pollutant discharge elimination system established in 40	68673
C.F.R. part 122.	68674

The rates and charges shall be payable periodically as	68675
determined by the board, except that any connection charges shall	68676
be paid in full in one payment, or, if determined by the board to	68677
be equitable in a resolution relating to the payment of those	68678
charges, provision considered adequate by the board shall be made	68679
for their payment in installments at the times, in the amounts,	68680
and with the security, carrying charges, and penalties as may be	68681
found by the board in that resolution to be fair and appropriate.	68682
The board may include amounts attributable to connection charges	68683
being paid in installments in its billings of rates and charges	68684
for the services provided by the drainage facilities. In the case	68685
of rates and charges that are fixed in order to pay the costs of	68686
complying with the requirements of phase II of the storm water	68687
program of the national pollutant discharge elimination system	68688
established in 40 C.F.R. part 122, the rates and charges may be	68689
paid annually or semiannually with real property taxes, provided	68690
that the board certifies to the county auditor information that is	68691
sufficient for the auditor to identify each parcel of property for	68692
which a rate or charge is levied and the amount of the rate or	68693
charge.	68694

When any of the drainage rates or charges are not paid when	68695
due, the board may do any or all of the following as it considers	68696
appropriate:	68697

(1) Certify the unpaid rates or charges, together with any	68698
penalties, to the county auditor, who shall place them upon the	68699
real property tax list and duplicate against the property to which	68700
the rates or charges apply. The certified amount shall be a lien	68701
on the property from the date placed on the real property tax list	68702
and duplicate and shall be collected in the same manner as taxes,	68703
except that notwithstanding section 323.15 of the Revised Code, a	68704
county treasurer shall accept a payment in that amount when	68705
separately tendered as payment for the full amount of the unpaid	68706
drainage rates or charges and associated penalties. The lien shall	68707
be released immediately upon payment in full of the certified	68708
amount.	68709

(2) Collect the unpaid rates or charges, together with any	68710
penalties, by actions at law in the name of the county from an	68711
owner, tenant, or other person or public agency that is liable for	68712
the payment of the rates or charges;	68713

(3) Terminate, in accordance with established rules, the	68714
drainage service for the particular property until the unpaid	68715
rates or charges, together with any penalties, are paid in full;	68716

(4) Apply, to the extent required, any security deposit made	68717
in accordance with established rules to the payment of drainage	68718
rates and charges applicable to the particular property.	68719

All moneys collected as drainage rates, charges, or penalties	68720
in or for any sewer district shall be paid to the county treasurer	68721
and kept in a separate and distinct drainage fund established by	68722
the board to the credit of the district. Except as otherwise	68723
provided in any proceedings authorizing or providing for the	68724
security for and payment of any public obligations, or in any	68725
indenture or trust or other agreement securing public obligations,	68726
moneys in the drainage fund shall be applied first to the payment	68727
of the cost of the management, maintenance, and operation of the	68728
drainage facilities of, or used or operated for, the district,	68729
which cost may include the county's share of management,	68730
maintenance, and operation costs under cooperative contracts for	68731
the acquisition, construction, or use of drainage facilities and,	68732
in accordance with a cost allocation plan adopted under division	68733
(E) of this section, payment of all allowable direct and indirect	68734
costs of the district, the county sanitary engineer or sanitary	68735
engineering department, or a federal or state grant program,	68736
incurred for drainage purposes under this chapter, and shall be	68737
applied second to the payment of debt charges payable on any	68738
outstanding public obligations issued or incurred for the	68739
acquisition or construction of drainage facilities for or serving	68740
the district, or for the funding of a bond retirement or other	68741
fund established for the payment of or security for the	68742
obligations. Any surplus remaining may be applied to the	68743
acquisition or construction of those facilities or for the payment	68744
of contributions to be made, or costs incurred, for the	68745
acquisition or construction of those facilities under cooperative	68746
contracts. Moneys in the drainage fund shall not be expended other	68747
than for the use and benefit of the district.	68748

(E) A board of county commissioners may adopt a cost	68749
allocation plan that identifies, accumulates, and distributes	68750
allowable direct and indirect costs that may be paid from each of	68751
the funds of the district created pursuant to divisions (C) and	68752
(D) of this section, and that prescribes methods for allocating	68753
those costs. The plan shall authorize payment from each of those	68754
funds of only those costs incurred by the district, the county	68755
sanitary engineer or sanitary engineering department, or a federal	68756
or state grant program, and those costs incurred by the general	68757
and other funds of the county for a common or joint purpose, that	68758
are necessary and reasonable for the proper and efficient	68759
administration of the district under this chapter and properly	68760
attributable to the particular fund of the district. The plan	68761
shall not authorize payment from either of the funds of any	68762
general government expense required to carry out the overall	68763
governmental responsibilities of a county. The plan shall conform	68764
to United States office of management and budget Circular A-87,	68765
"Cost Principles for State, Local, and Indian Tribal Governments,"	68766
published May 17, 1995.	68767

Sec. 6119.06. Upon the declaration of the court of common	68768
pleas organizing the regional water and sewer district pursuant to	68769
section 6119.04 of the Revised Code and upon the qualifying of its	68770
board of trustees and the election of a president and a secretary,	68771
said district shall exercise in its own name all the rights,	68772
powers, and duties vested in it by Chapter 6119. of the Revised	68773
Code, and, subject to such reservations, limitations and	68774
qualifications as are set forth in this Chapter, such district	68775
may:	68776

(A) Adopt bylaws for the regulation of its affairs, the	68777
conduct of its business, and notice of its actions;	68778

(B) Adopt an official seal;

68779

(C) Maintain a principal office and suboffices at such places	68780
within the district as it designates;	68781

(D) Sue and plead in its own name; be sued and impleaded in	68782
its own name with respect to its contracts or torts of its	68783
members, employees, or agents acting within the scope of their	68784
employment, or to enforce its obligations and covenants made under	68785
sections 6119.09, 6119.12, and 6119.14 of the Revised Code. Any	68786
such actions against the district shall be brought in the court of	68787
common pleas of the county in which the principal office of the	68788
district is located, or in the court of common pleas of the county	68789
in which the cause of action arose, and all summonses, exceptions,	68790
and notices of every kind shall be served on the district by	68791
leaving a copy thereof at the principal office with the person in	68792
charge thereof or with the secretary of the district;.	68793

(E) Assume any liability or obligation of any person or	68794
political subdivision, including a right on the part of such	68795
district to indemnify and save harmless the other contracting	68796
party from any loss, cost, or liability by reason of the failure,	68797
refusal, neglect, or omission of such district to perform any	68798
agreement assumed by it or to act or discharge any such	68799
obligation;	68800

(F) Make loans and grants to political subdivisions for the	68801
acquisition or construction of water resource projects by such	68802
political subdivisions and adopt rules, regulations, and	68803
procedures for making such loans and grants;	68804

(G) Acquire, construct, reconstruct, enlarge, improve,	68805
furnish, equip, maintain, repair, operate, lease or rent to or	68806
from, or contract for operation by or for, a political subdivision	68807
or person, water resource projects within or without the district,	68808
except that no water resource project shall be constructed within	68809
one thousand feet of a water supply facility that is owned or	68810
operated by a municipal corporation or a board of county	68811
commissioners pursuant to Chapter 6103. of the Revised Code if the	68812
facility is financed in whole or in part by obligations issued	68813
under Chapter 133., 6103., or 6121. of the Revised Code or by	68814
obligations issued by the state unless the municipal corporation	68815
or the county, as applicable, gives consent to the construction by	68816
adopting an ordinance or a resolution;	68817

(H) Make available the use or service of any water resource	68818
project to one or more persons, one or more political	68819
subdivisions, or any combination thereof;	68820

(I) Levy and collect taxes and special assessments;

68821

(J) Issue bonds and notes and refunding bonds and notes as	68822
provided in Chapter 6119. of the Revised Code;	68823

(K) Acquire by gift or purchase, hold, and dispose of real	68824
and personal property in the exercise of its powers and the	68825
performance of its duties under Chapter 6119. of the Revised Code;	68826

(L) Dispose of, by public or private sale, or lease any real	68827
or personal property determined by the board of trustees to be no	68828
longer necessary or needed for the operation or purposes of the	68829
district;	68830

(M) Acquire, in the name of the district, by purchase or	68831
otherwise, on such terms and in such manner as it considers	68832
proper, or by the exercise of the right of condemnation in the	68833
manner provided by section 6119.11 of the Revised Code, such	68834
public or private lands, including public parks, playgrounds, or	68835
reservations, or parts thereof or rights therein, rights-of-way,	68836
property, rights, easements, and interests as it considers	68837
necessary for carrying out Chapter 6119. of the Revised Code, but	68838
excluding the acquisition by the exercise of the right of	68839
condemnation of any waste water facility or water management	68840
facility owned by any person or political subdivision, and	68841
compensation shall be paid for public or private lands so taken;	68842

(N) Adopt rules and regulations to protect augmented flow by	68843
the district in waters of the state, to the extent augmented by a	68844
water resource project, from depletion so it will be available for	68845
beneficial use, to provide standards for the withdrawal from	68846
waters of the state of the augmented flow created by a water	68847
resource project which is not returned to the waters of the state	68848
so augmented, and to establish reasonable charges therefor, if	68849
considered necessary by the district;	68850

(O) Make and enter into all contracts and agreements and	68851
execute all instruments necessary or incidental to the performance	68852
of its duties and the execution of its powers under Chapter 6119.	68853
of the Revised Code;	68854

(P) Enter into contracts with any person or any political	68855
subdivision to render services to such contracting party for any	68856
service the district is authorized to provide;	68857

(Q) Make provision for, contract for, or sell any of its	68858
by-products or waste;	68859

(R) Exercise the power of eminent domain in the manner	68860
provided in Chapter 6119. of the Revised Code;	68861

(S) Remove or change the location of any fence, building,	68862
railroad, canal, or other structure or improvement located in or	68863
out of the district, and in case it is not feasible or economical	68864
to move any such building, structure, or improvement situated in	68865
or upon lands required, and if the cost is determined by the board	68866
to be less than that of purchase or condemnation, to acquire land	68867
and construct, acquire, or install therein or thereon buildings,	68868
structures, or improvements similar in purpose, to be exchanged	68869
for such buildings, structures, or improvements under contracts	68870
entered into between the owner thereof and the district;	68871

(T) Receive and accept, from any federal or state agency,	68872
grants for or in aid of the construction of any water resource	68873
project, and receive and accept aid or contributions from any	68874
source of money, property, labor, or other things of value, to be	68875
held, used, and applied only for the purposes for which such	68876
grants and contributions are made;	68877

(U) Purchase fire and extended coverage and liability	68878
insurance for any water resource project and for the principal	68879
office and suboffices of the district, insurance protecting the	68880
district and its officers and employees against liability for	68881
damage to property or injury to or death of persons arising from	68882
its operations, and any other insurance the district may agree to	68883
provide under any resolution authorizing its water resource	68884
revenue bonds or in any trust agreement securing the same;	68885

(V) Charge, alter, and collect rentals and other charges for	68886
the use of services of any water resource project as provided in	68887
section 6119.09 of the Revised Code. Such district may refuse the	68888
services of any of its projects if any of such rentals or other	68889
charges, including penalties for late payment, are not paid by the	68890
user thereof, and, if such rentals or other charges are not paid	68891
when due and upon certification of nonpayment to the county	68892
auditor, such rentals or other charges constitute a lien upon the	68893
property so served, shall be placed by ~~him~~the auditor upon the	68894
real property tax list and duplicate, and shall be collected in	68895
the same manner as other taxes;.	68896

(W) Provide coverage for its employees under Chapters 145.,	68897
4123., and 4141. of the Revised Code;	68898

(X) Merge or combine with any other regional water and sewer	68899
district into a single district, which shall be one of the	68900
constituent districts, on terms so that the surviving district	68901
shall be possessed of all rights, capacity, privileges, powers,	68902
franchises, and authority of the constituent districts and shall	68903
be subject to all the liabilities, obligations, and duties of each	68904
of the constituent districts and all rights of creditors of such	68905
constituent districts shall be preserved unimpaired, limited in	68906
lien to the property affected by such liens immediately prior to	68907
the time of the merger and all debts, liabilities, and duties of	68908
the respective constituent districts shall thereafter attach to	68909
the surviving district and may be enforced against it, and such	68910
other terms as are agreed upon, provided two-thirds of the members	68911
of each of the boards consent to such merger or combination. Such	68912
merger or combination shall become legally effective unless, prior	68913
to the ninetieth day following the later of the consents,	68914
qualified electors residing in either district equal in number to	68915
a majority of the qualified electors voting at the last general	68916
election in such district file with the secretary of the board of	68917
trustees of their regional water and sewer district a petition of	68918
remonstrance against such merger or combination. The secretary	68919
shall cause the board of elections of the proper county or	68920
counties to check the sufficiency of the signatures on such	68921
petition.	68922

(Y) Exercise the powers of the district without obtaining the	68923
consent of any other political subdivision, provided that all	68924
public or private property damaged or destroyed in carrying out	68925
the powers of the district shall be restored or repaired and	68926
placed in its original condition as nearly as practicable or	68927
adequate compensation made therefor by the district;	68928

(Z) Require the owner of any premises located within the	68929
district to connect ~~his~~the owner's premises to a water resource	68930
project determined to be accessible to such premises and found to	68931
require such connection so as to prevent or abate pollution or	68932
protect the health and property of persons in the district. Such	68933
connection shall be made in accordance with procedures established	68934
by the board of trustees of such district and pursuant to such	68935
orders as the board may find necessary to ensure and enforce	68936
compliance with such procedures;.	68937

(AA) Do all acts necessary or proper to carry out the powers	68938
granted in Chapter 6119. of the Revised Code.	68939

Section 2. That existing sections 9.01, 9.83, 101.34, 101.72,	68940
101.82, 102.02, 109.57, 109.572, 109.71, 117.101, 117.16, 117.44,	68941
117.45, 119.035, 121.04, 121.084, 121.41, 121.48, 121.62, 122.011,	68942
122.04, 122.08, 122.17, 122.171, 122.25, 122.651, 122.658, 122.87,	68943
122.88, 123.01, 124.03, 124.15, 124.152, 124.181, 125.15, 125.91,	68944
125.92, 125.93, 125.95, 125.96, 125.98, 127.16, 131.02, 131.23,	68945
131.35, 145.38, 147.01, 147.37, 149.011, 149.30, 149.31, 149.33,	68946
149.331, 149.332, 149.333, 149.34, 149.35, 153.65, 164.27, 165.09,	68947
173.06, 173.061, 173.062, 173.07, 173.071, 173.14, 173.26, 175.03,	68948
175.21, 175.22, 183.02, 306.35, 306.99, 307.86, 307.87, 307.93,	68949
311.17, 317.32, 321.24, 323.01, 325.31, 329.03, 329.04, 329.051,	68950
340.021, 340.03, 341.05, 341.25, 504.03, 504.04, 507.09, 511.12,	68951
515.01, 515.07, 715.013, 718.01, 718.02, 718.05, 718.11, 718.15,	68952
718.151, 731.14, 731.141, 735.05, 737.03, 753.22, 901.17, 901.21,	68953
901.22, 901.63, 902.11, 921.151, 927.53, 927.69, 929.01, 955.51,	68954
1309.109, 1317.07, 1321.21, 1333.99, 1501.04, 1503.05, 1513.05,	68955
1515.08, 1519.05, 1521.06, 1521.063, 1531.26, 1533.08, 1533.10,	68956
1533.101, 1533.11, 1533.111, 1533.112, 1533.13, 1533.151, 1533.19,	68957
1533.23, 1533.301, 1533.32, 1533.35, 1533.40, 1533.54, 1533.631,	68958
1533.632, 1533.71, 1533.82, 1541.10, 1563.42, 1702.59, 1711.13,	68959
1711.15, 1711.17, 2101.16, 2117.06, 2117.25, 2151.352, 2151.3529,	68960
2151.3530, 2151.83, 2151.84, 2152.19, 2301.58, 2305.234, 2329.07,	68961
2329.66, 2505.13, 2715.041, 2715.045, 2716.13, 2743.02, 2915.01,	68962
2915.02, 2915.08, 2915.09, 2915.091, 2915.092, 2915.093, 2915.10,	68963
2915.101, 2915.13, 2917.41, 2921.13, 2923.35, 2925.44, 2929.38,	68964
2933.43, 2935.01, 2935.36, 2949.091, 3111.04, 3119.01, 3121.01,	68965
3123.952, 3301.0714, 3301.52, 3301.53, 3301.54, 3301.55, 3301.57,	68966
3301.58, 3301.68, 3301.80, 3302.03, 3311.05, 3311.24, 3311.26,	68967
3313.41, 3313.843, 3313.979, 3313.981, 3314.02, 3314.041, 3314.07,	68968
3314.08, 3314.17, 3316.08, 3317.01, 3317.012, 3317.013, 3317.014,	68969
3317.022, 3317.023, 3317.024, 3317.029, 3317.0217, 3317.03,	68970
3317.032, 3317.05, 3317.064, 3317.07, 3317.09, 3317.10, 3317.15,	68971
3317.16, 3318.01, 3318.03, 3318.042, 3318.05, 3318.06, 3318.08,	68972
3318.30, 3318.31, 3318.37, 3318.41, 3319.01, 3319.02, 3319.03,	68973
3319.07, 3319.19, 3319.22, 3319.33, 3319.36, 3323.16, 3327.01,	68974
3327.011, 3329.06, 3329.08, 3332.04, 3333.12, 3353.11, 3361.01,	68975
3375.41, 3377.01, 3377.06, 3383.01, 3383.07, 3501.18, 3501.30,	68976
3503.10, 3505.061, 3505.08, 3517.092, 3701.02, 3701.021, 3701.022,	68977
3701.024, 3701.141, 3701.145, 3701.342, 3702.31, 3702.529,	68978
3702.53, 3702.532, 3702.54, 3702.544, 3702.55, 3702.60, 3702.61,	68979
3702.68, 3702.74, 3705.01, 3705.07, 3705.08, 3705.09, 3705.23,	68980
3705.24, 3709.09, 3710.05, 3710.07, 3711.021, 3721.02, 3721.121,	68981
3721.19, 3721.51, 3721.56, 3722.151, 3733.43, 3733.45, 3734.02,	68982
3734.05, 3734.12, 3734.123, 3734.124, 3734.18, 3734.28, 3734.42,	68983
3734.44, 3734.46, 3734.57, 3735.27, 3735.67, 3735.671, 3737.81,	68984
3745.04, 3745.11, 3745.14, 3745.40, 3746.13, 3747.16, 3748.07,	68985
3748.13, 3769.087, 3770.07, 3770.10, 3770.99, 3773.33, 3773.43,	68986
3781.19, 3901.491, 3901.501, 4104.01, 4104.02, 4104.04, 4104.06,	68987
4104.07, 4104.08, 4104.15, 4104.18, 4104.19, 4104.20, 4104.41,	68988
4104.44, 4104.45, 4104.46, 4105.17, 4112.15, 4115.10, 4117.02,	68989
4117.14, 4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.03,	68990
4301.30, 4303.02, 4303.021, 4303.03, 4303.04, 4303.05, 4303.06,	68991
4303.07, 4303.08, 4303.09, 4303.10, 4303.11, 4303.12, 4303.121,	68992
4303.13, 4303.14, 4303.141, 4303.15, 4303.151, 4303.16, 4303.17,	68993
4303.171, 4303.18, 4303.181, 4303.182, 4303.183, 4303.184,	68994
4303.19, 4303.20, 4303.201, 4303.202, 4303.203, 4303.204, 4303.21,	68995
4303.22, 4303.23, 4303.231, 4501.06, 4503.101, 4503.103, 4505.06,	68996
4508.08, 4509.60, 4511.191, 4511.33, 4519.55, 4707.071, 4707.072,	68997
4707.10, 4709.12, 4717.07, 4717.09, 4719.01, 4723.06, 4723.08,	68998
4723.082, 4723.17, 4731.65, 4731.71, 4734.15, 4736.12, 4743.05,	68999
4747.05, 4747.06, 4747.07, 4747.10, 4751.06, 4751.07, 4755.03,	69000
4759.08, 4771.22, 4903.24, 4905.79, 4905.91, 4919.79, 4928.62,	69001
4928.63, 4931.45, 4931.47, 4931.48, 4973.17, 4981.20, 5101.11,	69002
5101.14, 5101.141, 5101.142, 5101.144, 5101.145, 5101.146,	69003
5101.16, 5101.18, 5101.181, 5101.26, 5101.27, 5101.28, 5101.35,	69004
5101.36, 5101.58, 5101.59, 5101.75, 5101.80, 5101.83, 5101.97,	69005
5103.031, 5103.033, 5103.034, 5103.036, 5103.037, 5103.038,	69006
5103.0312, 5103.0313, 5103.0314, 5103.0315, 5103.0316, 5103.154,	69007
5104.01, 5104.011, 5104.02, 5104.04, 5104.30, 5104.32, 5107.02,	69008
5107.30, 5107.37, 5107.40, 5107.60, 5108.01, 5108.03, 5108.06,	69009
5108.07, 5108.09, 5108.10, 5111.019, 5111.0112, 5111.02, 5111.021,	69010
5111.022, 5111.03, 5111.06, 5111.082, 5111.111, 5111.17, 5111.171,	69011
5111.20, 5111.21, 5111.22, 5111.25, 5111.251, 5111.252, 5111.28,	69012
5111.29, 5111.30, 5111.31, 5111.34, 5111.85, 5111.87, 5111.871,	69013
5111.872, 5111.873, 5111.94, 5112.03, 5112.08, 5112.17, 5112.31,	69014
5112.99, 5115.01, 5115.02, 5115.03, 5115.04, 5115.05, 5115.07,	69015
5115.10, 5115.11, 5115.13, 5115.15, 5115.20, 5119.61, 5119.611,	69016
5120.52, 5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01,	69017
5126.042, 5126.11, 5126.12, 5126.121, 5126.15, 5126.18, 5126.44,	69018
5139.04, 5139.04, 5139.33, 5139.34, 5139.36, 5139.41, 5139.43,	69019
5139.87, 5153.122, 5153.163, 5153.60, 5153.69, 5153.72, 5153.78,	69020
5301.68, 5301.691, 5310.15, 5502.01, 5502.13, 5549.21, 5703.052,	69021
5705.39, 5705.41, 5705.412, 5709.61, 5709.62, 5709.63, 5709.632,	69022
5709.64, 5711.18, 5711.22, 5713.07, 5713.08, 5713.081, 5713.082,	69023
5713.10, 5713.30, 5715.27, 5717.03, 5719.07, 5727.111, 5727.30,	69024
5727.32, 5727.33, 5727.56, 5728.04, 5728.06, 5728.99, 5733.04,	69025
5733.05, 5733.051, 5733.056, 5733.059, 5733.0611, 5733.09,	69026
5733.121, 5733.18, 5733.22, 5733.45, 5733.98, 5735.05, 5735.14,	69027
5735.15, 5735.19, 5735.23, 5735.26, 5735.291, 5735.30, 5735.99,	69028
5739.01, 5739.011, 5739.012, 5739.02, 5739.021, 5739.022,	69029
5739.023, 5739.025, 5739.026, 5739.03, 5739.032, 5739.033,	69030
5739.10, 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5739.33,	69031
5741.01, 5741.02, 5741.021, 5741.022, 5741.023, 5741.121, 5743.05,	69032
5743.21, 5743.45, 5745.01, 5745.02, 5745.04, 5747.02, 5747.12,	69033
5747.31, 5901.021, 6101.09, 6109.21, 6115.09, 6117.02, and	69034
6119.06, and sections Sec. 122.12. , Sec. 125.931. , Sec. 125.932. , Sec. 125.933. , Sec. 125.934. ,	69035
Sec. 125.935. , Sec. 131.38. , Sec. 173.45. , Sec. 173.46. , Sec. 173.47. , Sec. 173.48. , Sec. 173.49. , Sec. 173.50. ,	69036
Sec. 173.51. , Sec. 173.52. , Sec. 173.53. , Sec. 173.54. , Sec. 173.55. , Sec. 173.56. , Sec. 173.57. , Sec. 173.58. ,	69037
Sec. 173.59. , Sec. 179.01. , Sec. 179.02. , Sec. 179.03. , Sec. 179.04. , Sec. 319.311. , Sec. 504.21. , Sec. 718.03. ,	69038
Sec. 1333.96. , Sec. 1533.06. , Sec. 1533.39. , Sec. 1553.01. , Sec. 1553.02. , Sec. 1553.03. , Sec. 1553.04. ,	69039
Sec. 1553.05. , Sec. 1553.06. , Sec. 1553.07. , Sec. 1553.08. , Sec. 1553.09. , Sec. 1553.10. , Sec. 1553.99. ,	69040
Sec. 2305.26. , Sec. 3301.078. , Sec. 3301.0719. , Sec. 3301.0724. , Sec. 3301.31. , Sec. 3301.581. ,	69041
Sec. 3313.82. , Sec. 3313.83. , Sec. 3313.94. , Sec. 3317.11. , Sec. 3318.033. , Sec. 3318.052. , Sec. 3318.35. ,	69042
Sec. 3319.06. , Sec. 3319.34. , Sec. 3701.142. , Sec. 3701.144. , Sec. 3702.543. , Sec. 3702.581. , Sec. 4104.42. ,	69043
Sec. 4104.43. , Sec. 4141.044. , Sec. 4141.045. , Sec. 5101.251. , Sec. 5108.05. , Sec. 5111.017. ,	69044
Sec. 5111.173. , Sec. 5115.011. , Sec. 5115.012. , Sec. 5115.06. , Sec. 5115.061. , Sec. 5139.42. , Sec. 5139.45. ,	69045
Sec. 5727.39. , Sec. 5727.44. , Sec. 5733.111. , Sec. 5735.33. , Sec. 5739.034. , Sec. 5739.35. , Sec. 5741.011. ,	69046
Sec. 5741.24. , Sec. 5743.46. , Sec. 5747.131. , and Sec. 5747.60. of the Revised Code are	69047
hereby repealed.	69048

Section 3.01. That the version of section 921.22 of the	69049
Revised Code that is scheduled to take effect July 1, 2004, be	69050
amended to read as follows:	69051

Sec. 921.22. The pesticide program fund is hereby created in	69052
the state treasury. ~~All~~The portion of the money in the fund that	69053
is collected under this chapter shall be used to carry out the	69054
purposes of this chapter. The portion of the money in the fund	69055
that is collected under section 927.53 of the Revised Code shall	69056
be used to carry out the purposes specified in that section, the	69057
portion of the money in the fund that is collected under section	69058
927.69 of the Revised Code shall be used to carry out the purposes	69059
specified in that section, and the portion of the money in the	69060
fund that is collected under section 927.701 of the Revised Code	69061
shall be used to carry out the purposes of that section. The fund	69062
shall consist of fees collected under sections 921.01 to 921.15,	69063
division (F) of section 927.53, and section 927.69 of the Revised	69064
Code, money collected under section 927.701 of the Revised Code,	69065
and all fines, penalties, costs, and damages, except court costs,	69066
that are collected by either the director of agriculture or the	69067
attorney general in consequence of any violation of this chapter.	69068

Section 3.02. That the existing version of section 921.22 of	69069
the Revised Code that is scheduled to take effect July 1, 2004, is	69070
hereby repealed.	69071

Section 3.03. Sections 3.01 and 3.02 of this act take effect	69072
July 1, 2004.	69073

Section 3.04. That the version of section 3332.04 of the	69074
Revised Code that is scheduled to take effect on July 1, 2003, be	69075
amended to read as follows:	69076

Sec. 3332.04. The state board of career colleges and schools	69077
may appoint an executive director and such other staff as may be	69078
required for the performance of the board's duties and provide	69079
necessary facilities. In selecting an executive director, the	69080
board shall appoint an individual with a background or experience	69081
in the regulation of commerce, business, or education. The board	69082
may also arrange for services and facilities to be provided by the	69083
state board of education and the Ohio board of regents. All	69084
receipts of the board shall be deposited in the ~~career colleges~~	69085
~~and schools operating fund, which is hereby created in the~~ state	69086
treasury~~. Moneys in the fund shall be used solely for the~~	69087
~~administration and enforcement of Chapter 3332. of the Revised~~	69088
~~Code. All investment earnings on the fund shall be credited to the~~	69089
to the credit of the occupational licensing and regulatory fund.	69090

Section 3.05. That the version of section 3332.04 of the	69091
Revised Code that is scheduled to take effect on July 1, 2003, is	69092
hereby repealed.	69093

Section 3.06. Sections 3.04 and 3.05 of this act take effect	69094
July 1, 2003.	69095

Section 3.06A. That the version of section 2305.234 of the	69096
Revised Code that is scheduled to take effect January 1, 2004, be	69097
amended to read as follows:	69098

Sec. 2305.234. (A) As used in this section:

69099

(1) "Chiropractic claim," "medical claim," and "optometric	69100
claim" have the same meanings as in section 2305.113 of the	69101
Revised Code.	69102

(2) "Dental claim" has the same meaning as in section	69103
2305.113 of the Revised Code, except that it does not include any	69104
claim arising out of a dental operation or any derivative claim	69105
for relief that arises out of a dental operation.	69106

(3) "Governmental health care program" has the same meaning	69107
as in section 4731.65 of the Revised Code.	69108

(4) "Health care professional" means any of the following who	69109
provide medical, dental, or other health-related diagnosis, care,	69110
or treatment:	69111

(a) Physicians authorized under Chapter 4731. of the Revised	69112
Code to practice medicine and surgery or osteopathic medicine and	69113
surgery;	69114

(b) Registered nurses, advanced practice nurses, and licensed	69115
practical nurses licensed under Chapter 4723. of the Revised Code;	69116

(c) Physician assistants authorized to practice under Chapter	69117
4730. of the Revised Code;	69118

(d) Dentists and dental hygienists licensed under Chapter	69119
4715. of the Revised Code;	69120

(e) Physical therapists licensed under Chapter 4755. of the	69121
Revised Code;	69122

(f) Chiropractors licensed under Chapter 4734. of the Revised	69123
Code;	69124

(g) Optometrists licensed under Chapter 4725. of the Revised	69125
Code;	69126

(h) Podiatrists authorized under Chapter 4731. of the Revised	69127
Code to practice podiatry;	69128

(i) Dietitians licensed under Chapter 4759. of the Revised	69129
Code;	69130

(j) Pharmacists licensed under Chapter 4729. of the Revised	69131
Code;	69132

(k) Emergency medical technicians-basic, emergency medical	69133
technicians-intermediate, and emergency medical	69134
technicians-paramedic, certified under Chapter 4765. of the	69135
Revised Code.	69136

(5) "Health care worker" means a person other than a health	69137
care professional who provides medical, dental, or other	69138
health-related care or treatment under the direction of a health	69139
care professional with the authority to direct that individual's	69140
activities, including medical technicians, medical assistants,	69141
dental assistants, orderlies, aides, and individuals acting in	69142
similar capacities.	69143

(6) "Indigent and uninsured person" means a person who meets	69144
all of the following requirements:	69145

(a) The person's income is not greater than one hundred fifty	69146
per cent of the current poverty line as defined by the United	69147
States office of management and budget and revised in accordance	69148
with section 673(2) of the "Omnibus Budget Reconciliation Act of	69149
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended.	69150

(b) The person is not eligible to receive medical assistance	69151
under Chapter 5111., disability ~~assistance~~ medical assistance	69152
under Chapter 5115. of the Revised Code, or assistance under any	69153
other governmental health care program.	69154

69155

(i) The person is not a policyholder, certificate holder,	69156
insured, contract holder, subscriber, enrollee, member,	69157
beneficiary, or other covered individual under a health insurance	69158
or health care policy, contract, or plan.	69159

(ii) The person is a policyholder, certificate holder,	69160
insured, contract holder, subscriber, enrollee, member,	69161
beneficiary, or other covered individual under a health insurance	69162
or health care policy, contract, or plan, but the insurer, policy,	69163
contract, or plan denies coverage or is the subject of insolvency	69164
or bankruptcy proceedings in any jurisdiction.	69165

(7) "Operation" means any procedure that involves cutting or	69166
otherwise infiltrating human tissue by mechanical means, including	69167
surgery, laser surgery, ionizing radiation, therapeutic	69168
ultrasound, or the removal of intraocular foreign bodies.	69169
"Operation" does not include the administration of medication by	69170
injection, unless the injection is administered in conjunction	69171
with a procedure infiltrating human tissue by mechanical means	69172
other than the administration of medicine by injection.	69173

(8) "Nonprofit shelter or health care facility" means a	69174
charitable nonprofit corporation organized and operated pursuant	69175
to Chapter 1702. of the Revised Code, or any charitable	69176
organization not organized and not operated for profit, that	69177
provides shelter, health care services, or shelter and health care	69178
services to indigent and uninsured persons, except that "shelter	69179
or health care facility" does not include a hospital as defined in	69180
section 3727.01 of the Revised Code, a facility licensed under	69181
Chapter 3721. of the Revised Code, or a medical facility that is	69182
operated for profit.	69183

(9) "Tort action" means a civil action for damages for	69184
injury, death, or loss to person or property other than a civil	69185
action for damages for a breach of contract or another agreement	69186
between persons or government entities.	69187

(10) "Volunteer" means an individual who provides any	69188
medical, dental, or other health-care related diagnosis, care, or	69189
treatment without the expectation of receiving and without receipt	69190
of any compensation or other form of remuneration from an indigent	69191
and uninsured person, another person on behalf of an indigent and	69192
uninsured person, any shelter or health care facility, or any	69193
other person or government entity.	69194

(11) "Community control sanction" has the same meaning as in	69195
section 2929.01 of the Revised Code.	69196

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	69197
health care professional who is a volunteer and complies with	69198
division (B)(2) of this section is not liable in damages to any	69199
person or government entity in a tort or other civil action,	69200
including an action on a medical, dental, chiropractic,	69201
optometric, or other health-related claim, for injury, death, or	69202
loss to person or property that allegedly arises from an action or	69203
omission of the volunteer in the provision at a nonprofit shelter	69204
or health care facility to an indigent and uninsured person of	69205
medical, dental, or other health-related diagnosis, care, or	69206
treatment, including the provision of samples of medicine and	69207
other medical products, unless the action or omission constitutes	69208
willful or wanton misconduct.	69209

(2) To qualify for the immunity described in division (B)(1)	69210
of this section, a health care professional shall do all of the	69211
following prior to providing diagnosis, care, or treatment:	69212

(a) Determine, in good faith, that the indigent and uninsured	69213
person is mentally capable of giving informed consent to the	69214
provision of the diagnosis, care, or treatment and is not subject	69215
to duress or under undue influence;	69216

(b) Inform the person of the provisions of this section;

69217

(c) Obtain the informed consent of the person and a written	69218
waiver, signed by the person or by another individual on behalf of	69219
and in the presence of the person, that states that the person is	69220
mentally competent to give informed consent and, without being	69221
subject to duress or under undue influence, gives informed consent	69222
to the provision of the diagnosis, care, or treatment subject to	69223
the provisions of this section.	69224

(3) A physician or podiatrist who is not covered by medical	69225
malpractice insurance, but complies with division (B)(2) of this	69226
section, is not required to comply with division (A) of section	69227
4731.143 of the Revised Code.	69228

(C) Subject to divisions (E) and (F)(3) of this section,	69229
health care workers who are volunteers are not liable in damages	69230
to any person or government entity in a tort or other civil	69231
action, including an action upon a medical, dental, chiropractic,	69232
optometric, or other health-related claim, for injury, death, or	69233
loss to person or property that allegedly arises from an action or	69234
omission of the health care worker in the provision at a nonprofit	69235
shelter or health care facility to an indigent and uninsured	69236
person of medical, dental, or other health-related diagnosis,	69237
care, or treatment, unless the action or omission constitutes	69238
willful or wanton misconduct.	69239

(D) Subject to divisions (E) and (F)(3) of this section and	69240
section 3701.071 of the Revised Code, a nonprofit shelter or	69241
health care facility associated with a health care professional	69242
described in division (B)(1) of this section or a health care	69243
worker described in division (C) of this section is not liable in	69244
damages to any person or government entity in a tort or other	69245
civil action, including an action on a medical, dental,	69246
chiropractic, optometric, or other health-related claim, for	69247
injury, death, or loss to person or property that allegedly arises	69248
from an action or omission of the health care professional or	69249
worker in providing for the shelter or facility medical, dental,	69250
or other health-related diagnosis, care, or treatment to an	69251
indigent and uninsured person, unless the action or omission	69252
constitutes willful or wanton misconduct.	69253

(E)(1) Except as provided in division (E)(2) of this section,	69254
the immunities provided by divisions (B), (C), and (D) of this	69255
section are not available to an individual or to a nonprofit	69256
shelter or health care facility if, at the time of an alleged	69257
injury, death, or loss to person or property, the individuals	69258
involved are providing one of the following:	69259

(a) Any medical, dental, or other health-related diagnosis,	69260
care, or treatment pursuant to a community service work order	69261
entered by a court under division (B) of section 2951.02 of the	69262
Revised Code or imposed by a court as a community control	69263
sanction;	69264

(b) Performance of an operation;

69265

69266

(2) Division (E)(1) of this section does not apply to an	69267
individual who provides, or a nonprofit shelter or health care	69268
facility at which the individual provides, diagnosis, care, or	69269
treatment that is necessary to preserve the life of a person in a	69270
medical emergency.	69271

(F)(1) This section does not create a new cause of action or	69272
substantive legal right against a health care professional, health	69273
care worker, or nonprofit shelter or health care facility.	69274

(2) This section does not affect any immunities from civil	69275
liability or defenses established by another section of the	69276
Revised Code or available at common law to which an individual or	69277
a nonprofit shelter or health care facility may be entitled in	69278
connection with the provision of emergency or other diagnosis,	69279
care, or treatment.	69280

(3) This section does not grant an immunity from tort or	69281
other civil liability to an individual or a nonprofit shelter or	69282
health care facility for actions that are outside the scope of	69283
authority of health care professionals or health care workers.	69284

(4) This section does not affect any legal responsibility of	69285
a health care professional or health care worker to comply with	69286
any applicable law of this state or rule of an agency of this	69287
state.	69288

(5) This section does not affect any legal responsibility of	69289
a nonprofit shelter or health care facility to comply with any	69290
applicable law of this state, rule of an agency of this state, or	69291
local code, ordinance, or regulation that pertains to or regulates	69292
building, housing, air pollution, water pollution, sanitation,	69293
health, fire, zoning, or safety.	69294

Section 3.06B. That the existing version of section 2305.234	69295
of the Revised Code that is scheduled to take effect January 1,	69296
2004, is hereby repealed.	69297

Section 3.06C. Sections 3.06A and 3.06B of this act take	69298
effect January 1, 2004.	69299

Section 3.06D. That the version of section 3734.44 of the	69300
Revised Code that is scheduled to take effect January 1, 2004, be	69301
amended to read as follows:	69302

Sec. 3734.44. Notwithstanding the provisions of any law to	69303
the contrary, no permit or license shall be issued or renewed by	69304
the director of environmental protection~~, the hazardous waste~~	69305
~~facility board,~~ or a board of health:	69306

(A) Unless the director~~, the hazardous waste facility board,~~	69307
or the board of health finds that the applicant, in any prior	69308
performance record in the transportation, transfer, treatment,	69309
storage, or disposal of solid wastes, infectious wastes, or	69310
hazardous waste, has exhibited sufficient reliability, expertise,	69311
and competency to operate the solid waste, infectious waste, or	69312
hazardous waste facility, given the potential for harm to human	69313
health and the environment that could result from the	69314
irresponsible operation of the facility, or, if no prior record	69315
exists, that the applicant is likely to exhibit that reliability,	69316
expertise, and competence;	69317

(B) If any individual or business concern required to be	69318
listed in the disclosure statement or shown to have a beneficial	69319
interest in the business of the applicant or the permittee, other	69320
than an equity interest or debt liability, by the investigation	69321
thereof, has been convicted of any of the following crimes under	69322
the laws of this state or equivalent laws of any other	69323
jurisdiction:	69324

(1) Murder;

69325

(2) Kidnapping;

69326

(3) Gambling;

69327

(4) Robbery;

69328

(5) Bribery;

69329

(6) Extortion;

69330

(7) Criminal usury;

69331

(8) Arson;

69332

(9) Burglary;

69333

(10) Theft and related crimes;

69334

(11) Forgery and fraudulent practices;

69335

(12) Fraud in the offering, sale, or purchase of securities;

69336

(13) Alteration of motor vehicle identification numbers;

69337

(14) Unlawful manufacture, purchase, use, or transfer of	69338
firearms;	69339

(15) Unlawful possession or use of destructive devices or	69340
explosives;	69341

(16) A violation of section 2925.03, 2925.04, 2925.05,	69342
2925.06, 2925.11, 2925.32, or 2925.37 or Chapter 3719. of the	69343
Revised Code, unless the violation is for possession of less than	69344
one hundred grams of marihuana, less than five grams of marihuana	69345
resin or extraction or preparation of marihuana resin, or less	69346
than one gram of marihuana resin in a liquid concentrate, liquid	69347
extract, or liquid distillate form;	69348

(17) Engaging in a pattern of corrupt activity under section	69349
2923.32 of the Revised Code;	69350

(18) A violation of the criminal provisions of Chapter 1331.	69351
of the Revised Code;	69352

(19) Any violation of the criminal provisions of any federal	69353
or state environmental protection laws, rules, or regulations that	69354
is committed knowingly or recklessly, as defined in section	69355
2901.22 of the Revised Code;	69356

(20) A violation of any provision of Chapter 2909. of the	69357
Revised Code;	69358

(21) Any offense specified in Chapter 2921. of the Revised	69359
Code.	69360

(C) Notwithstanding division (B) of this section, no	69361
applicant shall be denied the issuance or renewal of a permit or	69362
license on the basis of a conviction of any individual or business	69363
concern required to be listed in the disclosure statement or shown	69364
to have a beneficial interest in the business of the applicant or	69365
the permittee, other than an equity interest or debt liability, by	69366
the investigation thereof for any of the offenses enumerated in	69367
that division as disqualification criteria if that applicant has	69368
affirmatively demonstrated rehabilitation of the individual or	69369
business concern by a preponderance of the evidence. If any such	69370
individual was convicted of any of the offenses so enumerated that	69371
are felonies, a permit shall be denied unless five years have	69372
elapsed since the individual was fully discharged from	69373
imprisonment and parole for the offense, from a community control	69374
sanction imposed under section 2929.15 of the Revised Code, from a	69375
post-release control sanction imposed under section 2967.28 of the	69376
Revised Code for the offense, or imprisonment, probation, and	69377
parole for an offense that was committed prior to July 1, 1996. In	69378
determining whether an applicant has affirmatively demonstrated	69379
rehabilitation, the director~~, the hazardous waste facility board,~~	69380
or the board of health shall request a recommendation on the	69381
matter from the attorney general and shall consider and base the	69382
determination on the following factors:	69383

(1) The nature and responsibilities of the position a	69384
convicted individual would hold;	69385

(2) The nature and seriousness of the offense;

69386

(3) The circumstances under which the offense occurred;

69387

(4) The date of the offense;

69388

(5) The age of the individual when the offense was committed;

69389

(6) Whether the offense was an isolated or repeated incident;

69390

(7) Any social conditions that may have contributed to the	69391
offense;	69392

(8) Any evidence of rehabilitation, including good conduct in	69393
prison or in the community, counseling or psychiatric treatment	69394
received, acquisition of additional academic or vocational	69395
schooling, successful participation in correctional work release	69396
programs, or the recommendation of persons who have or have had	69397
the applicant under their supervision;	69398

(9) In the instance of an applicant that is a business	69399
concern, rehabilitation shall be established if the applicant has	69400
implemented formal management controls to minimize and prevent the	69401
occurrence of violations and activities that will or may result in	69402
permit or license denial or revocation or if the applicant has	69403
formalized those controls as a result of a revocation or denial of	69404
a permit or license. Those controls may include, but are not	69405
limited to, instituting environmental auditing programs to help	69406
ensure the adequacy of internal systems to achieve, maintain, and	69407
monitor compliance with applicable environmental laws and	69408
standards or instituting an antitrust compliance auditing program	69409
to help ensure full compliance with applicable antitrust laws. The	69410
business concern shall prove by a preponderance of the evidence	69411
that the management controls are effective in preventing the	69412
violations that are the subject of concern.	69413

(D) Unless the director~~, the hazardous waste facility board,~~	69414
or the board of health finds that the applicant has a history of	69415
compliance with environmental laws in this state and other	69416
jurisdictions and is presently in substantial compliance with, or	69417
on a legally enforceable schedule that will result in compliance	69418
with, environmental laws in this state and other jurisdictions;	69419

(E) With respect to the approval of a permit, if the director	69420
~~or the hazardous waste facility board~~ determines that current	69421
prosecutions or pending charges in any jurisdiction for any of the	69422
offenses enumerated in division (B) of this section against any	69423
individual or business concern required to be listed in the	69424
disclosure statement or shown by the investigation to have a	69425
beneficial interest in the business of the applicant other than an	69426
equity interest or debt liability are of such magnitude that they	69427
prevent making the finding required under division (A) of this	69428
section, provided that at the request of the applicant or the	69429
individual or business concern charged, the director ~~or the~~	69430
~~hazardous waste facility board~~ shall defer decision upon the	69431
application during the pendency of the charge.	69432

Section 3.06E. That the existing version of section 3734.44	69433
of the Revised Code that is scheduled to take effect on January 1,	69434
2004, is hereby repealed.	69435

Section 3.06F. Sections 3.06D and 3.06E of this act take	69436
effect January 1, 2004.	69437

Section 3.07. That the versions of sections 307.93, 2152.19,	69438
2929.38, 4511.33, and 4511.75 of the Revised Code that are	69439
scheduled to take effect January 1, 2004, be amended to read as	69440
follows:	69441

Sec. 307.93. (A) The boards of county commissioners of two	69442
or more adjacent counties may contract for the joint establishment	69443
of a multicounty correctional center, and the board of county	69444
commissioners of a county or the boards of two or more counties	69445
may contract with any municipal corporation or municipal	69446
corporations located in that county or those counties for the	69447
joint establishment of a municipal-county or multicounty-municipal	69448
correctional center. The center shall augment county and, where	69449
applicable, municipal jail programs and facilities by providing	69450
custody and rehabilitative programs for those persons under the	69451
charge of the sheriff of any of the contracting counties or of the	69452
officer or officers of the contracting municipal corporation or	69453
municipal corporations having charge of persons incarcerated in	69454
the municipal jail, workhouse, or other correctional facility who,	69455
in the opinion of the sentencing court, need programs of custody	69456
and rehabilitation not available at the county or municipal jail	69457
and by providing custody and rehabilitative programs in accordance	69458
with division (C) of this section, if applicable. The contract may	69459
include, but need not be limited to, provisions regarding the	69460
acquisition, construction, maintenance, repair, termination of	69461
operations, and administration of the center. The contract shall	69462
prescribe the manner of funding of, and debt assumption for, the	69463
center and the standards and procedures to be followed in the	69464
operation of the center. Except as provided in division (H) of	69465
this section, the contracting counties and municipal corporations	69466
shall form a corrections commission to oversee the administration	69467
of the center. Members of the commission shall consist of the	69468
sheriff of each participating county, the president of the board	69469
of county commissioners of each participating county, the	69470
presiding judge of the court of common pleas of each participating	69471
county, or, if the court of common pleas of a participating county	69472
has only one judge, then that judge, the chief of police of each	69473
participating municipal corporation, the mayor or city manager of	69474
each participating municipal corporation, and the presiding judge	69475
or the sole judge of the municipal court of each participating	69476
municipal corporation. Any of the foregoing officers may appoint a	69477
designee to serve in the officer's place on the corrections	69478
commission. The standards and procedures shall be formulated and	69479
agreed to by the commission and may be amended at any time during	69480
the life of the contract by agreement of the parties to the	69481
contract upon the advice of the commission. The standards and	69482
procedures formulated by the commission shall include, but need	69483
not be limited to, designation of the person in charge of the	69484
center, the categories of employees to be employed at the center,	69485
the appointing authority of the center, and the standards of	69486
treatment and security to be maintained at the center. The person	69487
in charge of, and all persons employed to work at, the center	69488
shall have all the powers of police officers that are necessary	69489
for the proper performance of the duties relating to their	69490
positions at the center.	69491

(B) Each board of county commissioners that enters a contract	69492
under division (A) of this section may appoint a building	69493
commission pursuant to section 153.21 of the Revised Code. If any	69494
commissions are appointed, they shall function jointly in the	69495
construction of a multicounty or multicounty-municipal	69496
correctional center with all the powers and duties authorized by	69497
law.	69498

(C) Prior to the acceptance for custody and rehabilitation	69499
into a center established under this section of any persons who	69500
are designated by the department of rehabilitation and correction,	69501
who plead guilty to or are convicted of a felony of the fourth or	69502
fifth degree, and who satisfy the other requirements listed in	69503
section 5120.161 of the Revised Code, the corrections commission	69504
of a center established under this section shall enter into an	69505
agreement with the department of rehabilitation and correction	69506
under section 5120.161 of the Revised Code for the custody and	69507
rehabilitation in the center of persons who are designated by the	69508
department, who plead guilty to or are convicted of a felony of	69509
the fourth or fifth degree, and who satisfy the other requirements	69510
listed in that section, in exchange for a per diem fee per person.	69511
Persons incarcerated in the center pursuant to an agreement	69512
entered into under this division shall be subject to supervision	69513
and control in the manner described in section 5120.161 of the	69514
Revised Code. This division does not affect the authority of a	69515
court to directly sentence a person who is convicted of or pleads	69516
guilty to a felony to the center in accordance with section	69517
2929.16 of the Revised Code.	69518

(D) Pursuant to section 2929.37 of the Revised Code, each	69519
board of county commissioners and the legislative authority of	69520
each municipal corporation that enters into a contract under	69521
division (A) of this section may require a person who was	69522
convicted of an offense, who is under the charge of the sheriff of	69523
their county or of the officer or officers of the contracting	69524
municipal corporation or municipal corporations having charge of	69525
persons incarcerated in the municipal jail, workhouse, or other	69526
correctional facility, and who is confined in the multicounty,	69527
municipal-county, or multicounty-municipal correctional center as	69528
provided in that division, to reimburse the applicable county or	69529
municipal corporation for its expenses incurred by reason of the	69530
person's confinement in the center.	69531

(E) Notwithstanding any contrary provision in this section or	69532
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	69533
corrections commission of a center may establish a policy that	69534
complies with section 2929.38 of the Revised Code and that	69535
requires any person who is not indigent and who is confined in the	69536
multicounty, municipal-county, or multicounty-municipal	69537
correctional center to pay a reception fee, a fee for medical	69538
treatment or service requested by and provided to that person, or	69539
the fee for a random drug test assessed under division (E) of	69540
section 341.26 of the Revised Code.	69541

(F)(1) The corrections commission of a center established	69542
under this section may establish a commissary for the center. The	69543
commissary may be established either in-house or by another	69544
arrangement. If a commissary is established, all persons	69545
incarcerated in the center shall receive commissary privileges. A	69546
person's purchases from the commissary shall be deducted from the	69547
person's account record in the center's business office. The	69548
commissary shall provide for the distribution to indigent persons	69549
incarcerated in the center of necessary hygiene articles and	69550
writing materials.	69551

(2) If a commissary is established, the corrections	69552
commission of a center established under this section shall	69553
establish a commissary fund for the center. The management of	69554
funds in the commissary fund shall be strictly controlled in	69555
accordance with procedures adopted by the auditor of state.	69556
Commissary fund revenue over and above operating costs and reserve	69557
shall be considered profits. All profits from the commissary fund	69558
shall be used to purchase supplies and equipment for the benefit	69559
of persons incarcerated in the center and to pay salary and	69560
benefits for employees of the center, or for any other persons,	69561
who work in or are employed for the sole purpose of providing	69562
service to the commissary. The corrections commission shall adopt	69563
rules and regulations for the operation of any commissary fund it	69564
establishes.	69565

(G) In lieu of forming a corrections commission to administer	69566
a multicounty correctional center or a municipal-county or	69567
multicounty-municipal correctional center, the boards of county	69568
commissioners and the legislative authorities of the municipal	69569
corporations contracting to establish the center may also agree to	69570
contract for the private operation and management of the center as	69571
provided in section 9.06 of the Revised Code, but only if the	69572
center houses only misdemeanant inmates. In order to enter into a	69573
contract under section 9.06 of the Revised Code, all the boards	69574
and legislative authorities establishing the center shall approve	69575
and be parties to the contract.	69576

(H) If a person who is convicted of or pleads guilty to an	69577
offense is sentenced to a term in a multicounty correctional	69578
center or a municipal-county or multicounty-municipal correctional	69579
center or is incarcerated in the center in the manner described in	69580
division (C) of this section, or if a person who is arrested for	69581
an offense, and who has been denied bail or has had bail set and	69582
has not been released on bail is confined in a multicounty	69583
correctional center or a municipal-county or multicounty-municipal	69584
correctional center pending trial, at the time of reception and at	69585
other times the officer, officers, or other person in charge of	69586
the operation of the center determines to be appropriate, the	69587
officer, officers, or other person in charge of the operation of	69588
the center may cause the convicted or accused offender to be	69589
examined and tested for tuberculosis, HIV infection, hepatitis,	69590
including but not limited to hepatitis A, B, and C, and other	69591
contagious diseases. The officer, officers, or other person in	69592
charge of the operation of the center may cause a convicted or	69593
accused offender in the center who refuses to be tested or treated	69594
for tuberculosis, HIV infection, hepatitis, including but not	69595
limited to hepatitis A, B, and C, or another contagious disease to	69596
be tested and treated involuntarily.	69597

(I) As used in this section, "multicounty-municipal" means	69598
more than one county and a municipal corporation, or more than one	69599
municipal corporation and a county, or more than one municipal	69600
corporation and more than one county.	69601

Sec. 2152.19. (A) If a child is adjudicated a delinquent	69602
child, the court may make any of the following orders of	69603
disposition, in addition to any other disposition authorized or	69604
required by this chapter:	69605

(1) Any order that is authorized by section 2151.353 of the	69606
Revised Code for the care and protection of an abused, neglected,	69607
or dependent child;	69608

(2) Commit the child to the temporary custody of any school,	69609
camp, institution, or other facility operated for the care of	69610
delinquent children by the county, by a district organized under	69611
section 2152.41 or 2151.65 of the Revised Code, or by a private	69612
agency or organization, within or without the state, that is	69613
authorized and qualified to provide the care, treatment, or	69614
placement required, including, but not limited to, a school, camp,	69615
or facility operated under section 2151.65 of the Revised Code;	69616

(3) Place the child in a detention facility or district	69617
detention facility operated under section 2152.41 of the Revised	69618
Code, for up to ninety days;	69619

(4) Place the child on community control under any sanctions,	69620
services, and conditions that the court prescribes. As a condition	69621
of community control in every case and in addition to any other	69622
condition that it imposes upon the child, the court shall require	69623
the child to abide by the law during the period of community	69624
control. As referred to in this division, community control	69625
includes, but is not limited to, the following sanctions and	69626
conditions:	69627

(a) A period of basic probation supervision in which the	69628
child is required to maintain contact with a person appointed to	69629
supervise the child in accordance with sanctions imposed by the	69630
court;	69631

(b) A period of intensive probation supervision in which the	69632
child is required to maintain frequent contact with a person	69633
appointed by the court to supervise the child while the child is	69634
seeking or maintaining employment and participating in training,	69635
education, and treatment programs as the order of disposition;	69636

(c) A period of day reporting in which the child is required	69637
each day to report to and leave a center or another approved	69638
reporting location at specified times in order to participate in	69639
work, education or training, treatment, and other approved	69640
programs at the center or outside the center;	69641

(d) A period of community service of up to five hundred hours	69642
for an act that would be a felony or a misdemeanor of the first	69643
degree if committed by an adult, up to two hundred hours for an	69644
act that would be a misdemeanor of the second, third, or fourth	69645
degree if committed by an adult, or up to thirty hours for an act	69646
that would be a minor misdemeanor if committed by an adult;	69647

(e) A requirement that the child obtain a high school	69648
diploma, a certificate of high school equivalence, vocational	69649
training, or employment;	69650

(f) A period of drug and alcohol use monitoring;

69651

(g) A requirement of alcohol or drug assessment or	69652
counseling, or a period in an alcohol or drug treatment program	69653
with a level of security for the child as determined necessary by	69654
the court;	69655

(h) A period in which the court orders the child to observe a	69656
curfew that may involve daytime or evening hours;	69657

(i) A requirement that the child serve monitored time;

69658

(j) A period of house arrest with or without electronic	69659
monitoring;	69660

(k) A period of electronic monitoring without house arrest or	69661
electronically monitored house arrest that does not exceed the	69662
maximum sentence of imprisonment that could be imposed upon an	69663
adult who commits the same act.	69664

A period of electronically monitored house arrest imposed	69665
under this division shall not extend beyond the child's	69666
twenty-first birthday. If a court imposes a period of	69667
electronically monitored house arrest upon a child under this	69668
division, it shall require the child: to wear, otherwise have	69669
attached to the child's person, or otherwise be subject to	69670
monitoring by a certified electronic monitoring device or to	69671
participate in the operation of and monitoring by a certified	69672
electronic monitoring system; to remain in the child's home or	69673
other specified premises for the entire period of electronically	69674
monitored house arrest except when the court permits the child to	69675
leave those premises to go to school or to other specified	69676
premises; to be monitored by a central system that can determine	69677
the child's location at designated times; to report periodically	69678
to a person designated by the court; and to enter into a written	69679
contract with the court agreeing to comply with all requirements	69680
imposed by the court, agreeing to pay any fee imposed by the court	69681
for the costs of the electronically monitored house arrest, and	69682
agreeing to waive the right to receive credit for any time served	69683
on electronically monitored house arrest toward the period of any	69684
other dispositional order imposed upon the child if the child	69685
violates any of the requirements of the dispositional order of	69686
electronically monitored house arrest. The court also may impose	69687
other reasonable requirements upon the child.	69688

Unless ordered by the court, a child shall not receive credit	69689
for any time served on electronically monitored house arrest	69690
toward any other dispositional order imposed upon the child for	69691
the act for which was imposed the dispositional order of	69692
electronically monitored house arrest.	69693

(l) A suspension of the driver's license, probationary	69694
driver's license, or temporary instruction permit issued to the	69695
child or a suspension of the registration of all motor vehicles	69696
registered in the name of the child. A child whose license or	69697
permit is so suspended is ineligible for issuance of a license or	69698
permit during the period of suspension. At the end of the period	69699
of suspension, the child shall not be reissued a license or permit	69700
until the child has paid any applicable reinstatement fee and	69701
complied with all requirements governing license reinstatement.	69702

(5) Commit the child to the custody of the court;

69703

(6) Require the child to not be absent without legitimate	69704
excuse from the public school the child is supposed to attend for	69705
five or more consecutive days, seven or more school days in one	69706
school month, or twelve or more school days in a school year;	69707

(7)(a) If a child is adjudicated a delinquent child for being	69708
a chronic truant or an habitual truant who previously has been	69709
adjudicated an unruly child for being a habitual truant, do either	69710
or both of the following:	69711

(i) Require the child to participate in a truancy prevention	69712
mediation program;	69713

(ii) Make any order of disposition as authorized by this	69714
section, except that the court shall not commit the child to a	69715
facility described in division (A)(2) or (3) of this section	69716
unless the court determines that the child violated a lawful court	69717
order made pursuant to division (C)(1)(e) of section 2151.354 of	69718
the Revised Code or division (A)(6) of this section.	69719

(b) If a child is adjudicated a delinquent child for being a	69720
chronic truant or a habitual truant who previously has been	69721
adjudicated an unruly child for being a habitual truant and the	69722
court determines that the parent, guardian, or other person having	69723
care of the child has failed to cause the child's attendance at	69724
school in violation of section 3321.38 of the Revised Code, do	69725
either or both of the following:	69726

(i) Require the parent, guardian, or other person having care	69727
of the child to participate in a truancy prevention mediation	69728
program;	69729

(ii) Require the parent, guardian, or other person having	69730
care of the child to participate in any community service program,	69731
preferably a community service program that requires the	69732
involvement of the parent, guardian, or other person having care	69733
of the child in the school attended by the child.	69734

(8) Make any further disposition that the court finds proper,	69735
except that the child shall not be placed in any of the following:	69736

(a) A state correctional institution, a county, multicounty,	69737
or municipal jail or workhouse, or another place in which an adult	69738
convicted of a crime, under arrest, or charged with a crime is	69739
held;	69740

(b) A community corrections facility, if the child would be	69741
covered by the definition of public safety beds for purposes of	69742
sections 5139.41 to ~~5139.45~~5139.43 of the Revised Code if the	69743
court exercised its authority to commit the child to the legal	69744
custody of the department of youth services for	69745
institutionalization or institutionalization in a secure facility	69746
pursuant to this chapter.	69747

(B) If a child is adjudicated a delinquent child, in addition	69748
to any order of disposition made under division (A) of this	69749
section, the court, in the following situations, shall suspend the	69750
child's temporary instruction permit, restricted license,	69751
probationary driver's license, or nonresident operating privilege,	69752
or suspend the child's ability to obtain such a permit:	69753

(1) The child is adjudicated a delinquent child for violating	69754
section 2923.122 of the Revised Code, with the suspension and	69755
denial being in accordance with division (E)(1)(a), (c), (d), or	69756
(e) of section 2923.122 of the Revised Code.	69757

(2) The child is adjudicated a delinquent child for	69758
committing an act that if committed by an adult would be a drug	69759
abuse offense or for violating division (B) of section 2917.11 of	69760
the Revised Code, with the suspension continuing until the child	69761
attends and satisfactorily completes a drug abuse or alcohol abuse	69762
education, intervention, or treatment program specified by the	69763
court. During the time the child is attending the program, the	69764
court shall retain any temporary instruction permit, probationary	69765
driver's license, or driver's license issued to the child, and the	69766
court shall return the permit or license when the child	69767
satisfactorily completes the program.	69768

(C) The court may establish a victim-offender mediation	69769
program in which victims and their offenders meet to discuss the	69770
offense and suggest possible restitution. If the court obtains the	69771
assent of the victim of the delinquent act committed by the child,	69772
the court may require the child to participate in the program.	69773

(D)(1) If a child is adjudicated a delinquent child for	69774
committing an act that would be a felony if committed by an adult	69775
and if the child caused, attempted to cause, threatened to cause,	69776
or created a risk of physical harm to the victim of the act, the	69777
court, prior to issuing an order of disposition under this	69778
section, shall order the preparation of a victim impact statement	69779
by the probation department of the county in which the victim of	69780
the act resides, by the court's own probation department, or by a	69781
victim assistance program that is operated by the state, a county,	69782
a municipal corporation, or another governmental entity. The court	69783
shall consider the victim impact statement in determining the	69784
order of disposition to issue for the child.	69785

(2) Each victim impact statement shall identify the victim of	69786
the act for which the child was adjudicated a delinquent child,	69787
itemize any economic loss suffered by the victim as a result of	69788
the act, identify any physical injury suffered by the victim as a	69789
result of the act and the seriousness and permanence of the	69790
injury, identify any change in the victim's personal welfare or	69791
familial relationships as a result of the act and any	69792
psychological impact experienced by the victim or the victim's	69793
family as a result of the act, and contain any other information	69794
related to the impact of the act upon the victim that the court	69795
requires.	69796

(3) A victim impact statement shall be kept confidential and	69797
is not a public record. However, the court may furnish copies of	69798
the statement to the department of youth services if the	69799
delinquent child is committed to the department or to both the	69800
adjudicated delinquent child or the adjudicated delinquent child's	69801
counsel and the prosecuting attorney. The copy of a victim impact	69802
statement furnished by the court to the department pursuant to	69803
this section shall be kept confidential and is not a public	69804
record. If an officer is preparing pursuant to section 2947.06 or	69805
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	69806
investigation report pertaining to a person, the court shall make	69807
available to the officer, for use in preparing the report, a copy	69808
of any victim impact statement regarding that person. The copies	69809
of a victim impact statement that are made available to the	69810
adjudicated delinquent child or the adjudicated delinquent child's	69811
counsel and the prosecuting attorney pursuant to this division	69812
shall be returned to the court by the person to whom they were	69813
made available immediately following the imposition of an order of	69814
disposition for the child under this chapter.	69815

The copy of a victim impact statement that is made available	69816
pursuant to this division to an officer preparing a criminal	69817
presentence investigation report shall be returned to the court by	69818
the officer immediately following its use in preparing the report.	69819

(4) The department of youth services shall work with local	69820
probation departments and victim assistance programs to develop a	69821
standard victim impact statement.	69822

(E) If a child is adjudicated a delinquent child for being a	69823
chronic truant or an habitual truant who previously has been	69824
adjudicated an unruly child for being an habitual truant and the	69825
court determines that the parent, guardian, or other person having	69826
care of the child has failed to cause the child's attendance at	69827
school in violation of section 3321.38 of the Revised Code, in	69828
addition to any order of disposition it makes under this section,	69829
the court shall warn the parent, guardian, or other person having	69830
care of the child that any subsequent adjudication of the child as	69831
an unruly or delinquent child for being an habitual or chronic	69832
truant may result in a criminal charge against the parent,	69833
guardian, or other person having care of the child for a violation	69834
of division (C) of section 2919.21 or section 2919.24 of the	69835
Revised Code.	69836

(F)(1) During the period of a delinquent child's community	69837
control granted under this section, authorized probation officers	69838
who are engaged within the scope of their supervisory duties or	69839
responsibilities may search, with or without a warrant, the person	69840
of the delinquent child, the place of residence of the delinquent	69841
child, and a motor vehicle, another item of tangible or intangible	69842
personal property, or other real property in which the delinquent	69843
child has a right, title, or interest or for which the delinquent	69844
child has the express or implied permission of a person with a	69845
right, title, or interest to use, occupy, or possess if the	69846
probation officers have reasonable grounds to believe that the	69847
delinquent child is not abiding by the law or otherwise is not	69848
complying with the conditions of the delinquent child's community	69849
control. The court that places a delinquent child on community	69850
control under this section shall provide the delinquent child with	69851
a written notice that informs the delinquent child that authorized	69852
probation officers who are engaged within the scope of their	69853
supervisory duties or responsibilities may conduct those types of	69854
searches during the period of community control if they have	69855
reasonable grounds to believe that the delinquent child is not	69856
abiding by the law or otherwise is not complying with the	69857
conditions of the delinquent child's community control. The court	69858
also shall provide the written notice described in division (E)(2)	69859
of this section to each parent, guardian, or custodian of the	69860
delinquent child who is described in that division.	69861

(2) The court that places a child on community control under	69862
this section shall provide the child's parent, guardian, or other	69863
custodian with a written notice that informs them that authorized	69864
probation officers may conduct searches pursuant to division	69865
(E)(1) of this section. The notice shall specifically state that a	69866
permissible search might extend to a motor vehicle, another item	69867
of tangible or intangible personal property, or a place of	69868
residence or other real property in which a notified parent,	69869
guardian, or custodian has a right, title, or interest and that	69870
the parent, guardian, or custodian expressly or impliedly permits	69871
the child to use, occupy, or possess.	69872

(G) If a juvenile court commits a delinquent child to the	69873
custody of any person, organization, or entity pursuant to this	69874
section and if the delinquent act for which the child is so	69875
committed is a sexually oriented offense, the court in the order	69876
of disposition shall do one of the following:	69877

(1) Require that the child be provided treatment as described	69878
in division (A)(2) of section 5139.13 of the Revised Code;	69879

(2) Inform the person, organization, or entity that it is the	69880
preferred course of action in this state that the child be	69881
provided treatment as described in division (A)(2) of section	69882
5139.13 of the Revised Code and encourage the person,	69883
organization, or entity to provide that treatment.	69884

Sec. 2929.38. (A) A board of commissioners of a county, in an	69885
agreement with the sheriff, a legislative authority of a municipal	69886
corporation, a corrections commission, a judicial corrections	69887
board, or any other public or private entity that operates a local	69888
detention facility described in division (A) of section 2929.37 of	69889
the Revised Code, may establish a policy that requires any	69890
prisoner who is confined in the facility as a result of pleading	69891
guilty to or having been convicted of an offense to pay a one-time	69892
reception fee for the costs of processing the prisoner into the	69893
facility at the time of the prisoner's initial entry into the	69894
facility under the confinement in question, to pay a reasonable	69895
fee for any medical or dental treatment or service requested by	69896
and provided to that prisoner, and to pay the fee for a random	69897
drug test assessed under division (E) of section 341.26, and	69898
division (E) of section 753.33 of the Revised Code. The fee for	69899
the medical treatment or service shall not exceed the actual cost	69900
of the treatment or service provided. No prisoner confined in the	69901
local detention facility shall be denied any necessary medical	69902
care because of inability to pay the fees.	69903

(B) Upon assessment of a one-time reception fee as described	69904
in division (A) of this section, the provision of the requested	69905
medical treatment or service, or the assessment of a fee for a	69906
random drug test, payment of the required fee may be automatically	69907
deducted from the prisoner's inmate account in the business office	69908
of the local detention facility in which the prisoner is confined.	69909
If there is no money in the account, a deduction may be made at a	69910
later date during the prisoner's confinement if the money becomes	69911
available in the account. If, after release, the prisoner has an	69912
unpaid balance of those fees, the sheriff, legislative authority	69913
of the municipal corporation, corrections commission, judicial	69914
corrections board, or other entity that operates the local	69915
detention facility described in division (A) of section 2929.37 of	69916
the Revised Code may bill the prisoner for the payment of the	69917
unpaid fees. Fees received for medical or dental treatment or	69918
services shall be paid to the commissary fund, if one exists for	69919
the facility, or if no commissary fund exists, to the general fund	69920
of the treasury of the political subdivision that incurred the	69921
expenses, in the same proportion as those expenses were borne by	69922
the political subdivision. Fees received for medical treatment or	69923
services that are placed in the commissary fund under this	69924
division shall be used for the same purposes as profits from the	69925
commissary fund, except that they shall not be used to pay any	69926
salary or benefits of any person who works in or is employed for	69927
the sole purpose of providing service to the commissary.	69928

(C) Any fee paid by a person under this section shall be	69929
deducted from any medical or dental costs that the person is	69930
ordered to reimburse under a financial sanction imposed pursuant	69931
to section 2929.28 of the Revised Code or to repay under a policy	69932
adopted under section 2929.37 of the Revised Code.	69933

(D) As used in this section, "inmate account" has the same	69934
meaning as in section 2969.21 of the Revised Code.	69935

Sec. 4511.33. (A) Whenever any roadway has been divided into	69936
two or more clearly marked lanes for traffic, or wherever within	69937
municipal corporations traffic is lawfully moving in two or more	69938
substantially continuous lines in the same direction, the	69939
following rules apply:	69940

(1) A vehicle or trackless trolley shall be driven, as nearly	69941
as is practicable, entirely within a single lane or line of	69942
traffic and shall not be moved from such lane or line until the	69943
driver has first ascertained that such movement can be made with	69944
safety.	69945

(2) Upon a roadway which is divided into three lanes and	69946
provides for two-way movement of traffic, a vehicle or trackless	69947
trolley shall not be driven in the center lane except when	69948
overtaking and passing another vehicle or trackless trolley where	69949
the roadway is clearly visible and such center lane is clear of	69950
traffic within a safe distance, or when preparing for a left turn,	69951
or where such center lane is at the time allocated exclusively to	69952
traffic moving in the direction the vehicle or trackless trolley	69953
is proceeding and is posted with signs to give notice of such	69954
allocation.	69955

(3) Official signs may be erected directing specified traffic	69956
to use a designated lane or designating those lanes to be used by	69957
traffic moving in a particular direction regardless of the center	69958
of the roadway, or restricting the use of a particular lane to	69959
only buses during certain hours or during all hours, and drivers	69960
of vehicles and trackless trolleys shall obey the directions of	69961
such signs.	69962

(4) Official traffic control devices may be installed	69963
prohibiting the changing of lanes on sections of roadway and	69964
drivers of vehicles shall obey the directions of every such	69965
device.	69966

(B) Except as otherwise provided in this division, whoever	69967
violates this section is guilty of a minor misdemeanor. If, within	69968
one year of the offense, the offender previously has been	69969
convicted of or pleaded guilty to one predicate motor vehicle or	69970
traffic offense, whoever violates this section is guilty of a	69971
misdemeanor of the fourth degree. If, within one year of the	69972
offense, the offender previously has been convicted of two or more	69973
predicate motor vehicle or traffic offenses, whoever violates this	69974
section is guilty of a misdemeanor of the third degree.	69975

Sec. 4511.75. (A) The driver of a vehicle, streetcar, or	69976
trackless trolley upon meeting or overtaking from either direction	69977
any school bus stopped for the purpose of receiving or discharging	69978
any school child, person attending programs offered by community	69979
boards of mental health and county boards of mental retardation	69980
and developmental disabilities, or child attending a program	69981
offered by a head start agency, shall stop at least ten feet from	69982
the front or rear of the school bus and shall not proceed until	69983
such school bus resumes motion, or until signaled by the school	69984
bus driver to proceed.	69985

It is no defense to a charge under this division that the	69986
school bus involved failed to display or be equipped with an	69987
automatically extended stop warning sign as required by division	69988
(B) of this section.	69989

(B) Every school bus shall be equipped with amber and red	69990
visual signals meeting the requirements of section 4511.771 of the	69991
Revised Code, and an automatically extended stop warning sign of a	69992
type approved by the state board of education, which shall be	69993
actuated by the driver of the bus whenever but only whenever the	69994
bus is stopped or stopping on the roadway for the purpose of	69995
receiving or discharging school children, persons attending	69996
programs offered by community boards of mental health and county	69997
boards of mental retardation and developmental disabilities, or	69998
children attending programs offered by head start agencies. A	69999
school bus driver shall not actuate the visual signals or the stop	70000
warning sign in designated school bus loading areas where the bus	70001
is entirely off the roadway or at school buildings when children	70002
or persons attending programs offered by community boards of	70003
mental health and county boards of mental retardation and	70004
developmental disabilities are loading or unloading at curbside or	70005
at buildings when children attending programs offered by head	70006
start agencies are loading or unloading at curbside. The visual	70007
signals and stop warning sign shall be synchronized or otherwise	70008
operated as required by rule of the board.	70009

(C) Where a highway has been divided into four or more	70010
traffic lanes, a driver of a vehicle, streetcar, or trackless	70011
trolley need not stop for a school bus approaching from the	70012
opposite direction which has stopped for the purpose of receiving	70013
or discharging any school child, persons attending programs	70014
offered by community boards of mental health and county boards of	70015
mental retardation and developmental disabilities, or children	70016
attending programs offered by head start agencies. The driver of	70017
any vehicle, streetcar, or trackless trolley overtaking the school	70018
bus shall comply with division (A) of this section.	70019

(D) School buses operating on divided highways or on highways	70020
with four or more traffic lanes shall receive and discharge all	70021
school children, persons attending programs offered by community	70022
boards of mental health and county boards of mental retardation	70023
and developmental disabilities, and children attending programs	70024
offered by head start agencies on their residence side of the	70025
highway.	70026

(E) No school bus driver shall start the driver's bus until	70027
after any child, person attending programs offered by community	70028
boards of mental health and county boards of mental retardation	70029
and developmental disabilities, or child attending a program	70030
offered by a head start agency who may have alighted therefrom has	70031
reached a place of safety on the child's or person's residence	70032
side of the road.	70033

(F)(1) Whoever violates division (A) of this section may be	70034
fined an amount not to exceed five hundred dollars. A person who	70035
is issued a citation for a violation of division (A) of this	70036
section is not permitted to enter a written plea of guilty and	70037
waive the person's right to contest the citation in a trial but	70038
instead must appear in person in the proper court to answer the	70039
charge.	70040

(2) In addition to and independent of any other penalty	70041
provided by law, the court or mayor may impose upon an offender	70042
who violates this section a class seven suspension of the	70043
offender's driver's license, commercial driver's license,	70044
temporary instruction permit, probationary license, or nonresident	70045
operating privilege from the range specified in division (A)(7) of	70046
section 4510.02 of the Revised Code. When a license is suspended	70047
under this section, the court or mayor shall cause the offender to	70048
deliver the license to the court, and the court or clerk of the	70049
court immediately shall forward the license to the registrar of	70050
motor vehicles, together with notice of the court's action.	70051

(G) As used in this section:

70052

(1) "Head start agency" has the same meaning as in ~~division~~	70053
~~(A)(1) of~~ section 3301.31 of the Revised Code.	70054

(2) "School bus," as used in relation to children who attend	70055
a program offered by a head start agency, means a bus that is	70056
owned and operated by a head start agency, is equipped with an	70057
automatically extended stop warning sign of a type approved by the	70058
state board of education, is painted the color and displays the	70059
markings described in section 4511.77 of the Revised Code, and is	70060
equipped with amber and red visual signals meeting the	70061
requirements of section 4511.771 of the Revised Code, irrespective	70062
of whether or not the bus has fifteen or more children aboard at	70063
any time. "School bus" does not include a van owned and operated	70064
by a head start agency, irrespective of its color, lights, or	70065
markings.	70066

Section 3.08. That the existing versions of sections 307.93,	70067
2152.19, 2929.38, 4511.33, and 4511.75 of the Revised Code that	70068
are scheduled to take effect January 1, 2004, are hereby repealed.	70069

Section 3.09. Sections 3.07 and 3.08 of this act take effect	70070
January 1, 2004, except section 4511.75 of the Revised Code, as	70071
amended in those sections of this act, takes effect July 1, 2004.	70072
The amendment of section 4511.75 of the Revised Code by those	70073
sections of this act is not intended to supersede the amendment of	70074
the version of section 4511.75 of the Revised Code that is	70075
scheduled to take effect January 1, 2004.	70076

Section 3.09A. That the version of section 5739.033 of the	70077
Revised Code as it results from Am. Sub. S.B. 143 of the 124th	70078
General Assembly, as amended by H.B. 675 of the 124th General	70079
Assembly, be amended to read as follows:	70080

Sec. 5739.033. The amount of tax due pursuant to sections	70081
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code is	70082
the sum of the taxes imposed pursuant to those sections at the	70083
~~situs~~sourcing location of the sale as determined under this	70084
section or, if applicable, under division (C) of section 5739.031	70085
or section 5739.034 of the Revised Code. This section applies only	70086
to a vendor's or seller's obligation to collect and remit sales	70087
taxes under section 5739.02, 5739.021, 5739.023, or 5739.026 of	70088
the Revised Code or use taxes under section 5741.02, 5741.021,	70089
5741.022, or 5741.023 of the Revised Code. This section does not	70090
affect the obligation of a consumer to remit use taxes on the	70091
storage, use, or other consumption of tangible personal property	70092
or on the benefit realized of any service provided, to the	70093
jurisdiction of that storage, use, or consumption, or benefit	70094
realized.	70095

(A) Except for sales, other than leases, of titled motor	70096
vehicles, titled watercraft, or titled outboard motors as provided	70097
in section 5741.05 of the Revised Code, or as otherwise provided	70098
in this section and section 5739.034 of the Revised Code, ~~the~~	70099
~~situs of~~ all sales ~~is the vendor's place of business.~~shall be	70100
sourced as follows:	70101

(1) If the consumer or ~~the consumer's~~a donee designated by	70102
the consumer receives tangible personal property or a service at a	70103
vendor's place of business ~~of the vendor~~, ~~the situs of~~ the sale is	70104
shall be sourced to that place of business.	70105

(2) When the tangible personal property or service is not	70106
received at a vendor's place of business, ~~the situs of~~ the sale is	70107
shall be sourced to the location known to the vendor where the	70108
consumer or athe donee designated by the consumer receives the	70109
tangible personal property or service, including the location	70110
indicated by instructions for delivery to the consumer or the	70111
consumer's donee~~, known to the vendor~~.	70112

(3) If divisions (A)(1) and (2) of this section do not apply,	70113
~~the situs of~~ the sale isshall be sourced to the location	70114
indicated by an address for the consumer that is available from	70115
the vendor's business records ~~of the vendor~~ that are maintained in	70116
the ordinary course of the vendor's business, when use of that	70117
address does not constitute bad faith.	70118

(4) If divisions (A)(1), (2), and (3) of this section do not	70119
apply, ~~the situs of~~ the sale isshall be sourced to the location	70120
indicated by an address for the consumer obtained during the	70121
consummation of the sale, including the address associated with	70122
the consumer's payment instrument, if no other address is	70123
available, when use of that address does not constitute bad faith.	70124

(5) If divisions (A)(1), (2), (3), and (4) of this section do	70125
not apply, including in the circumstance where the vendor is	70126
without sufficient information to apply any of those divisions,	70127
~~the situs of~~ the sale isshall be sourced to the address from	70128
which tangible personal property was shipped, or from which the	70129
service was provided, disregarding any location that merely	70130
provided the electronic transfer of the property sold or service	70131
provided.	70132

(6) As used in division (A) of this section, "receive" means	70133
taking possession of tangible personal property or making first	70134
use of a service. "Receive" does not include possession by a	70135
shipping company on behalf of a consumer.	70136

(B)(1) Notwithstanding divisions (A)(1) to (5) of this	70137
section, a ~~manufacturer or other~~ consumer that is not a holder of	70138
a direct payment permit granted under section 5739.031 of the	70139
Revised Code, that purchases ~~tangible personal property~~computer	70140
software delivered electronically or a service for use in	70141
business, and that knows at the time of purchase that ~~the property~~	70142
such software or service will be concurrently available for use in	70143
more than one taxing jurisdiction shall deliver to the vendor in	70144
conjunction with its purchase a multiple points of use exemption	70145
form prescribed by the tax commissioner disclosing this fact. On	70146
receipt of the multiple points of use exemption form, the vendor	70147
is relieved of its obligation to collect, pay, or remit the tax	70148
due, and the consumer must ~~collect,~~ pay~~, or remit~~ the tax directly	70149
to the state.	70150

(2) A consumer that delivers such form to a vendor may use	70151
any reasonable, consistent, and uniform method of apportioning the	70152
tax due on the ~~tangible personal property~~computer software	70153
delivered electronically or service for use in business that is	70154
supported by the consumer's business records as they existed at	70155
the time of the sale.	70156

(3) The multiple points of use exemption form shall remain in	70157
effect for all future sales by the vendor to the consumer until it	70158
is revoked in writing by the consumer, except as to the consumer's	70159
specific apportionment of a subsequent sale under division (B)(2)	70160
of this section and the facts existing at the time of the sale.	70161

(C) A person who holds a direct payment permit issued under	70162
section 5739.031 of the Revised Code is not required to deliver a	70163
multiple points of use exemption form to a vendor. But such permit	70164
holder shall comply with division (B)(2) of this section in	70165
apportioning the tax due on ~~tangible personal property~~computer	70166
software delivered electronically or a service used in business	70167
that will be concurrently available for use in more than one	70168
taxing jurisdiction.	70169

(D) ~~Except as provided in division (F) of this section:~~

70170

~~(1) If the vendor provides a service specified in division~~	70171
~~(B)(3)(f) or (i) of section 5739.01 of the Revised Code, the situs~~	70172
~~of the sale is the location of the telephone number or account as~~	70173
~~reflected in the records of the vendor.~~	70174

~~(2) In the case of a telecommunications service, if the~~	70175
~~telephone number or account is located outside this state, the~~	70176
~~situs of the sale is the location in this state from which the~~	70177
~~service originated~~(1) Notwithstanding divisions (A)(1) to (5) of	70178
this section, the purchaser of direct mail that is not a holder of	70179
a direct payment permit shall provide to the vendor in conjunction	70180
with the purchase either a direct mail form prescribed by the tax	70181
commissioner, or information to show the jurisdictions to which	70182
the direct mail is delivered to recipients.	70183

(2) Upon receipt of a direct mail form, the vendor is	70184
relieved of all obligations to collect, pay, or remit the	70185
applicable tax and the purchaser is obligated to pay that tax on a	70186
direct pay basis. A direct mail form shall remain in effect for	70187
all future sales of direct mail by the vendor to the purchaser	70188
until it is revoked in writing.	70189

(3) Upon receipt of information from the purchaser showing	70190
the jurisdictions to which the direct mail is delivered to	70191
recipients, the vendor shall collect the tax according to the	70192
delivery information provided by the purchaser. In the absence of	70193
bad faith, the vendor is relieved of any further obligation to	70194
collect tax on any transaction where the vendor has collected tax	70195
pursuant to the delivery information provided by the purchaser.	70196

(4) If the purchaser of direct mail does not have a direct	70197
payment permit and does not provide the vendor with either a	70198
direct mail form or delivery information as required by division	70199
(D)(1) of this section, the vendor shall collect the tax according	70200
to division (A)(5) of this section. Nothing in division (D)(4) of	70201
this section shall limit a purchaser's obligation to pay sales or	70202
use tax to any state to which the direct mail is delivered.	70203

(5) If a purchaser of direct mail provides the vendor with	70204
documentation of direct payment authority, the purchaser shall not	70205
be required to provide a direct mail form or delivery information	70206
to the vendor.	70207

(E) If the vendor provides lodging to transient guests as	70208
specified in division (B)(2) of section 5739.01 of the Revised	70209
Code, ~~the situs of~~ the sale isshall be sourced to the location	70210
where the lodging is located.	70211

(F) ~~Except as otherwise provided in this division, if the~~	70212
~~vendor sells a prepaid authorization number or a prepaid telephone~~	70213
~~calling card, the situs of the sale is the vendor's place of~~	70214
~~business and shall be taxed at the time of sale. If the vendor~~	70215
~~sells a prepaid authorization number or prepaid telephone calling~~	70216
~~card through a telephone call, electronic commerce, or any other~~	70217
~~form of remote commerce, the situs of the sale is the consumer's~~	70218
~~shipping address, or, if there is no item shipped, at the~~	70219
~~consumer's billing address~~(1) As used in this division and	70220
division (G) of this section, "transportation equipment" means any	70221
of the following:	70222

(a) Locomotives and railcars that are utilized for the	70223
carriage of persons or property in interstate commerce.	70224

(b) Trucks and truck-tractors with a gross vehicle weight	70225
rating of greater than ten thousand pounds, trailers,	70226
semi-trailers, or passenger buses that are registered through the	70227
international registration plan and are operated under authority	70228
of a carrier authorized and certificated by the United States	70229
department of transportation or another federal authority to	70230
engage in the carriage of persons or property in interstate	70231
commerce.	70232

(c) Aircraft that are operated by air carriers authorized and	70233
certificated by the United States department of transportation or	70234
another federal authority to engage in the carriage of persons or	70235
property in interstate or foreign commerce.	70236

(d) Containers designed for use on and component parts	70237
attached to or secured on the items set forth in division	70238
(F)(1)(a), (b), or (c) of this section.	70239

(2) A sale, lease, or rental of transportation equipment	70240
shall be sourced pursuant to division (A) of this section.	70241

(G)(1) A lease or rental of tangible personal property that	70242
does not require recurring periodic payments shall be sourced	70243
pursuant to division (A) of this section.	70244

(2) A lease or rental of tangible personal property that	70245
requires recurring periodic payments shall be sourced as follows:	70246

(a) In the case of a motor vehicle, other than a motor	70247
vehicle that is transportation equipment, such lease or rental	70248
shall be sourced to the primary property location as follows:	70249

(i) For a lease or rental taxed pursuant to division (A)(2)	70250
of section 5739.02 of the Revised Code, the primary property	70251
location is the address of the lessee or renter used for titling	70252
the motor vehicle pursuant to section 4505.06 of the Revised Code	70253
at the time the lease or rental is consummated.	70254

(ii) For a lease or rental taxed pursuant to division (A)(3)	70255
of section 5739.02 of the Revised Code, the primary property	70256
location for each lease or rental installment is the primary	70257
property location for the period covered by the installment.	70258

(b) In the case of an aircraft, other than an aircraft that	70259
is transportation equipment, such lease or rental shall be sourced	70260
to the primary property location as follows:	70261

(i) For a lease or rental taxed pursuant to division (A)(2)	70262
of section 5739.02 of the Revised Code, the primary property	70263
location is the primary property location at the time the lease or	70264
rental is consummated.	70265

(ii) For a lease or rental taxed pursuant to division (A)(3)	70266
of section 5739.02 of the Revised Code, the primary property	70267
location for each lease or rental installment is the primary	70268
property location for the period covered by the installment.	70269

(c) In the case of a watercraft or an outboard motor required	70270
to be titled in this state pursuant to Chapter 1548. of the	70271
Revised Code, such lease or rental shall be sourced to the primary	70272
property location as follows:	70273

(i) For a lease or rental taxed pursuant to division (A)(2)	70274
of section 5739.02 of the Revised Code, the primary property	70275
location is the address of the lessee or renter shown on the	70276
title.	70277

(ii) For a lease or rental taxed pursuant to division (A)(3)	70278
of section 5739.02 of the Revised Code, the primary property	70279
location for the initial lease or rental installment is the	70280
address of the lessee or renter shown on the title. For each	70281
subsequent installment, the primary property location is the	70282
primary property location for the period covered by the	70283
installment.	70284

(d) In the case of a lease or rental of all other tangible	70285
personal property, other than transportation equipment, such lease	70286
or rental shall be sourced as follows:	70287

(i) For a lease or rental that is taxed pursuant to division	70288
(A)(2) of section 5739.02 of the Revised Code, the lease or rental	70289
shall be sourced pursuant to division (A) of this section at the	70290
time the lease or rental is consummated.	70291

(ii) For a lease or rental that is taxed pursuant to division	70292
(A)(3) of section 5739.02 of the Revised Code, the initial lease	70293
or rental installment shall be sourced pursuant to division (A) of	70294
this section. Each subsequent installment shall be sourced to the	70295
primary property location for the period covered by the	70296
installment.	70297

(3) As used in division (G) of this section, "primary	70298
property location" means an address for tangible personal property	70299
provided by the lessee or renter that is available to the lessor	70300
or owner from its records maintained in the ordinary course of	70301
business, when use of that address does not constitute bad faith.	70302

Section 3.09B. That the existing version of section 5739.033	70303
of the Revised Code as it results from Am. Sub. S.B. 143 of the	70304
124th General Assembly, as amended by H.B. 675 of the 124th	70305
General Assembly, is hereby repealed.	70306

Section 3.09C. The amendments in Sections 3.09A and 3.09B of	70307
this act provide for or are essential to the implementation of a	70308
tax levy. Therefore, under Ohio Constitution, Article II, Section	70309
1d, those Sections are not subject to the referendum and go into	70310
effect January 1, 2004.	70311

Section 3.10. Section 4723.063 of the Revised Code is hereby	70312
repealed, effective December 31, 2013.	70313

Section 3.11. That the version of section 5101.28 of the	70314
Revised Code that is scheduled to take effect January 1, 2004, be	70315
amended to read as follows:	70316

Sec. 5101.28. (A) ~~The department of job and family services~~	70317
~~shall enter into written agreements with law enforcement agencies~~	70318
~~to exchange, obtain, or share~~(1) On request of the department of	70319
job and family services or a county agency, a law enforcement	70320
agency shall provide information regarding public assistance	70321
recipients to enable the department,or county ~~agencies, and law~~	70322
~~enforcement agencies~~agency to determine, for eligibility	70323
purposes, whether a recipient or a member of a recipient's	70324
assistance group is ~~either of the following:~~	70325

~~(1) A~~a fugitive ~~felon;~~

70326

~~(2) Violating~~felon or violating a condition of probation, a	70327
community control sanction, parole, or a post-release control	70328
sanction imposed under state or federal law.	70329

(2) A county agency may enter into a written agreement with a	70330
local law enforcement agency establishing procedures concerning	70331
access to information and providing for compliance with division	70332
(F) of this section.	70333

(B) ~~The~~To the extent permitted by federal law, the	70334
department and county agencies shall provide information, except	70335
information directly related to the receipt of medical assistance	70336
or medical services, regarding recipients of public assistance	70337
under a program administered by the state department or a county	70338
agency pursuant to Chapter 5107., 5108., or 5115. of the Revised	70339
Code to law enforcement agencies on request for the purposes of	70340
investigations, prosecutions, and criminal and civil proceedings	70341
that are within the scope of the law enforcement agencies'	70342
official duties.	70343

(C) Information about a recipient shall be exchanged,	70344
obtained, or shared only if the department, county agency, or law	70345
enforcement agency requesting the information gives sufficient	70346
information to specifically identify the recipient. In addition to	70347
the recipient's name, identifying information may include the	70348
recipient's current or last known address, social security number,	70349
other identifying number, age, gender, physical characteristics,	70350
any information specified in an agreement entered into under	70351
division (A) of this section, or any information considered	70352
appropriate by the department or agency.	70353

(D)(1) The department and its officers and employees are not	70354
liable in damages in a civil action for any injury, death, or loss	70355
to person or property that allegedly arises from the release of	70356
information in accordance with divisions (A), (B), and (C) of this	70357
section. This section does not affect any immunity or defense that	70358
the department and its officers and employees may be entitled to	70359
under another section of the Revised Code or the common law of	70360
this state, including section 9.86 of the Revised Code.	70361

(2) The county agencies and their employees are not liable in	70362
damages in a civil action for any injury, death, or loss to person	70363
or property that allegedly arises from the release of information	70364
in accordance with divisions (A), (B), and (C) of this section.	70365
"Employee" has the same meaning as in division (B) of section	70366
2744.01 of the Revised Code. This section does not affect any	70367
immunity or defense that the county agencies and their employees	70368
may be entitled to under another section of the Revised Code or	70369
the common law of this state, including section 2744.02 and	70370
division (A)(6) of section 2744.03 of the Revised Code.	70371

(E) To the extent permitted by federal law, the department	70372
and county agencies shall provide access to information to the	70373
auditor of state acting pursuant to Chapter 117. or sections	70374
5101.181 and 5101.182 of the Revised Code and to any other	70375
government entity authorized by or federal law to conduct an audit	70376
of or similar activity involving a public assistance program.	70377

(F) The auditor of state shall prepare an annual report on	70378
the outcome of the agreements required under division (A) of this	70379
section. The report shall include the number of fugitive felons,	70380
probation and parole violators, and violators of community control	70381
sanctions and post-release control sanctions apprehended during	70382
the immediately preceding year as a result of the exchange of	70383
information pursuant to that division. The auditor of state shall	70384
file the report with the governor, the president and minority	70385
leader of the senate, and the speaker and minority leader of the	70386
house of representatives. The state department, county agencies,	70387
and law enforcement agencies shall cooperate with the auditor of	70388
state's office in gathering the information required under this	70389
division.	70390

(G) To the extent permitted by federal law, the department of	70391
job and family services, county departments of job and family	70392
services, and employees of the departments may report to a public	70393
children services agency or other appropriate agency information	70394
on known or suspected physical or mental injury, sexual abuse or	70395
exploitation, or negligent treatment or maltreatment, of a child	70396
receiving public assistance, if circumstances indicate that the	70397
child's health or welfare is threatened.	70398

(H) As used in this section:

70399

(1) "Community control sanction" has the same meaning as in	70400
section 2929.01 of the Revised Code.	70401

(2) "Post-release control sanction" has the same meaning as	70402
in section 2967.01 of the Revised Code.	70403

Section 3.12. That the existing version of section 5101.28 of	70404
the Revised Code that is scheduled to take effect January 1, 2004,	70405
is hereby repealed.	70406

Section 3.13. Sections 3.11 and 3.12 of this act shall take	70407
effect January 1, 2004.	70408

Section 3.14. That the version of section 5743.45 of the	70409
Revised Code that is scheduled to take effect January 1, 2004, be	70410
amended to read as follows:	70411

Sec. 5743.45. (A) As used in this section, "felony" has the	70412
same meaning as in section 109.511 of the Revised Code.	70413

(B) For purposes of enforcing this chapter and Chapters	70414
5728., 5735., 5739., 5741., and 5747. of the Revised Code and	70415
subject to division (C) of this section, the tax commissioner, by	70416
journal entry, may delegate any investigation powers of the	70417
commissioner to an employee of the department of taxation who has	70418
been certified by the Ohio peace officer training commission and	70419
who is engaged in the enforcement of those chapters. A separate	70420
journal entry shall be entered for each employee to whom that	70421
power is delegated. Each journal entry shall be a matter of public	70422
record and shall be maintained in an administrative portion of the	70423
journal as provided for in division (L) of section 5703.05 of the	70424
Revised Code. When that journal entry is completed, the employee	70425
to whom it pertains, while engaged within the scope of the	70426
employee's duties in enforcing the provisions of this chapter or	70427
Chapter 5728., 5735., 5739., 5741., or 5747. of the Revised Code,	70428
has the power of a police officer to carry concealed weapons, make	70429
arrests, and obtain warrants for violations of any provision in	70430
those chapters. The commissioner, at any time, may suspend or	70431
revoke the commissioner's delegation by journal entry. No employee	70432
of the department shall divulge any information acquired as a	70433
result of an investigation pursuant to this chapter or Chapter	70434
5728., 5735., 5739., 5741., or 5747. of the Revised Code, except	70435
as may be required by the commissioner or a court.	70436

(C)(1) The tax commissioner shall not delegate any	70437
investigation powers to an employee of the department of taxation	70438
pursuant to division (B) of this section on a permanent basis, on	70439
a temporary basis, for a probationary term, or on other than a	70440
permanent basis if the employee previously has been convicted of	70441
or has pleaded guilty to a felony.	70442

(2)(a) The tax commissioner shall revoke the delegation of	70443
investigation powers to an employee to whom the delegation was	70444
made pursuant to division (B) of this section if that employee	70445
does either of the following:	70446

(i) Pleads guilty to a felony;

70447

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	70448
plea agreement as provided in division (D) of section 2929.43 of	70449
the Revised Code in which the employee agrees to surrender the	70450
certificate awarded to that employee under section 109.77 of the	70451
Revised Code.	70452

(b) The tax commissioner shall suspend the delegation of	70453
investigation powers to an employee to whom the delegation was	70454
made pursuant to division (B) of this section if that employee is	70455
convicted, after trial, of a felony. If the employee files an	70456
appeal from that conviction and the conviction is upheld by the	70457
highest court to which the appeal is taken or if the employee does	70458
not file a timely appeal, the commissioner shall revoke the	70459
delegation of investigation powers to that employee. If the	70460
employee files an appeal that results in that employee's acquittal	70461
of the felony or conviction of a misdemeanor, or in the dismissal	70462
of the felony charge against that employee, the commissioner shall	70463
reinstate the delegation of investigation powers to that employee.	70464
The suspension, revocation, and reinstatement of the delegation of	70465
investigation powers to an employee under division (C)(2) of this	70466
section shall be made by journal entry pursuant to division (B) of	70467
this section. An employee to whom the delegation of investigation	70468
powers is reinstated under division (C)(2)(b) of this section	70469
shall not receive any back pay for the exercise of those	70470
investigation powers unless that employee's conviction of the	70471
felony was reversed on appeal, or the felony charge was dismissed,	70472
because the court found insufficient evidence to convict the	70473
employee of the felony.	70474

(3) Division (C) of this section does not apply regarding an	70475
offense that was committed prior to January 1, 1997.	70476

(4) The suspension or revocation of the delegation of	70477
investigation powers to an employee under division (C)(2) of this	70478
section shall be in accordance with Chapter 119. of the Revised	70479
Code.	70480

Section 3.15. That the existing version of section 5743.45 of	70481
the Revised Code that is scheduled to take effect January 1, 2004,	70482
is hereby repealed.	70483

Section 3.16. Sections 3.14 and 3.15 of this act take effect	70484
January 1, 2004.	70485

Section 4. Except as otherwise provided, all appropriation	70486
items (AI) in this act are appropriated out of any moneys in the	70487
state treasury to the credit of the designated fund that are not	70488
otherwise appropriated. For all appropriations made in this act,	70489
the amounts in the first column are for fiscal year 2004 and the	70490
amounts in the second column are for fiscal year 2005.	70491

FND

AI TITLE

APPROPRIATIONS

70492

Section 5. ACC ACCOUNTANCY BOARD OF OHIO

70493

General Services Fund Group

70494

4J8	889-601	CPA Education Assistance	$	209,510	$	209,510	70495
4K9	889-609	Operating Expenses	$	1,010,583	$	1,055,578	70496
TOTAL GSF General Services Fund							70497
Group			$	1,220,093	$	1,265,088	70498
TOTAL ALL BUDGET FUND GROUPS			$	1,220,093	$	1,265,088	70499

Section 6. PAY ACCRUED LEAVE LIABILITY

70501

Accrued Leave Liability Fund Group

70502

806	995-666	Accrued Leave Fund	$	70,783,792	$	78,296,200	70503
807	995-667	Disability Fund	$	47,269,465	$	50,098,308	70504
TOTAL ALF Accrued Leave Liability							70505
Fund Group			$	118,053,257	$	128,394,508	70506

Agency Fund Group

70507

808	995-668	State Employee Health Benefit Fund	$	312,724,593	$	371,450,611	70508
809	995-669	Dependent Care Spending Account	$	3,691,169	$	4,060,286	70509
810	995-670	Life Insurance Investment Fund	$	1,925,110	$	1,992,489	70510
811	995-671	Parental Leave Benefit Fund	$	4,350,302	$	4,785,332	70511
TOTAL AGY Agency Fund Group			$	322,691,174	$	382,288,718	70512

TOTAL ALL BUDGET FUND GROUPS

440,744,431

510,683,226

70513

ACCRUED LEAVE LIABILITY FUND

70514

The foregoing appropriation item 995-666, Accrued Leave Fund,	70515
shall be used to make payments from the Accrued Leave Liability	70516
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	70517
If it is determined by the Director of Budget and Management that	70518
additional amounts are necessary, the amounts are appropriated.	70519

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

70520

The foregoing appropriation item 995-667, Disability Fund,	70521
shall be used to make payments from the State Employee Disability	70522
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	70523
Revised Code. If it is determined by the Director of Budget and	70524
Management that additional amounts are necessary, the amounts are	70525
appropriated.	70526

STATE EMPLOYEE HEALTH BENEFIT FUND

70527

The foregoing appropriation item 995-668, State Employee	70528
Health Benefit Fund, shall be used to make payments from the State	70529
Employee Health Benefit Fund (Fund 808), pursuant to section	70530
124.87 of the Revised Code. If it is determined by the Director of	70531
Budget and Management that additional amounts are necessary, the	70532
amounts are appropriated.	70533

DEPENDENT CARE SPENDING ACCOUNT

70534

The foregoing appropriation item 995-669, Dependent Care	70535
Spending Account, shall be used to make payments from the	70536
Dependent Care Spending Account (Fund 809) to employees eligible	70537
for dependent care expenses. If it is determined by the Director	70538
of Budget and Management that additional amounts are necessary,	70539
the amounts are appropriated.	70540

LIFE INSURANCE INVESTMENT FUND

70541

The foregoing appropriation item 995-670, Life Insurance	70542
Investment Fund, shall be used to make payments from the Life	70543
Insurance Investment Fund (Fund 810) for the costs and expenses of	70544
the state's life insurance benefit program pursuant to section	70545
125.212 of the Revised Code. If it is determined by the Director	70546
of Budget and Management that additional amounts are necessary,	70547
the amounts are appropriated.	70548

PARENTAL LEAVE BENEFIT FUND

70549

The foregoing appropriation item 995-671, Parental Leave	70550
Benefit Fund, shall be used to make payments from the Parental	70551
Leave Benefit Fund (Fund 811) to employees eligible for parental	70552
leave benefits pursuant to section 124.137 of the Revised Code. If	70553
it is determined by the Director of Budget and Management that	70554
additional amounts are necessary, the amounts are appropriated.	70555

Section 7. ADJ ADJUTANT GENERAL

70556

General Revenue Fund

70557

GRF	745-401	Ohio Military Reserve	$	14,889	$	15,188	70558
GRF	745-404	Air National Guard	$	1,915,177	$	1,939,762	70559
GRF	745-409	Central Administration	$	3,976,734	$	3,899,590	70560
GRF	745-499	Army National Guard	$	3,987,516	$	4,086,222	70561
GRF	745-502	Ohio National Guard Unit Fund	$	100,953	$	102,973	70562
TOTAL GRF General Revenue Fund			$	9,995,269	$	10,043,735	70563

General Services Fund Group

70564

534	745-612	Armory Improvements	$	534,304	$	534,304	70565
536	745-620	Camp Perry/Buckeye Inn Operations	$	1,094,970	$	1,094,970	70566
537	745-604	ONG Maintenance	$	219,826	$	219,826	70567
TOTAL GSF General Services Fund Group			$	1,849,100	$	1,849,100	70568

Federal Special Revenue Fund Group

70569

3E8	745-628	Air National Guard Operations and Maintenance Agreement	$	11,901,459	$	12,174,760	70570
3R8	745-603	Counter Drug Operations	$	25,000	$	25,000	70571
3S0	745-602	Higher Ground Training	$	10,937	$	10,937	70572
341	745-615	Air National Guard Base Security	$	2,181,960	$	2,312,877	70573
342	745-616	Army National Guard Service Agreement	$	8,109,221	$	8,686,892	70574
TOTAL FED Federal Special Revenue Fund Group			$	22,228,577	$	23,210,466	70575

State Special Revenue Fund Group

70576

528	745-605		Marksmanship Activities		$	66,078		$	66,078		70577
TOTAL SSR State Special Revenue Fund Group					$	66,078		$	66,078		70578

TOTAL ALL BUDGET FUND GROUPS

34,139,024

35,169,379

70579

Section 8. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

70581

General Revenue Fund

70582

GRF	100-402	Unemployment Compensation	$	155,831	$	155,189	70583
GRF	100-405	Agency Audit Expenses	$	350,000	$	350,000	70584
GRF	100-406	County & University Human Resources Services	$	591,007	$	568,634	70585
GRF	100-410	Veterans' Records Conversion	$	19,729	$	47,123	70586
GRF	100-416	Strategic Technology Development Programs	$	1,689,155	$	1,584,140	70587
GRF	100-417	MARCS	$	1,696,760	$	900,000	70588
GRF	100-418	Digital Government	$	3,446,645	$	3,643,649	70589
GRF	100-419	Network Security	$	3,293,501	$	2,170,766	70590
GRF	100-421	OAKS Project Implementation	$	450,000	$	450,000	70591
GRF	100-433	State of Ohio Computer Center	$	4,936,073	$	4,991,719	70592
GRF	100-439	Equal Opportunity Certification Programs	$	661,531	$	661,531	70593
GRF	100-447	OBA - Building Rent Payments	$	105,675,000	$	117,027,700	70594
GRF	100-448	OBA - Building Operating Payments	$	25,445,550	$	26,003,250	70595
GRF	100-449	DAS - Building Operating Payments	$	4,264,675	$	4,460,417	70596
GRF	100-451	Minority Affairs	$	50,000	$	50,000	70597
GRF	100-734	Major Maintenance - State Bldgs	$	45,000	$	45,000	70598
GRF	102-321	Construction Compliance	$	1,250,000	$	1,250,000	70599
GRF	130-321	State Agency Support Services	$	2,400,000	$	2,400,000	70600
TOTAL GRF General Revenue Fund			$	157,210,735	$	167,547,562	70601

General Services Fund Group

70602

112	100-616	Director's Office	$	5,503,547	$	5,503,547	70603
115	100-632	Central Service Agency	$	431,176	$	448,574	70604
117	100-644	General Services Division - Operating	$	7,622,861	$	8,653,304	70605
122	100-637	Fleet Management	$	1,669,589	$	1,652,849	70606
125	100-622	Human Resources Division - Operating	$	21,489,800	$	21,764,800	70607
127	100-627	Vehicle Liability Insurance	$	3,363,894	$	3,344,644	70608
128	100-620	Collective Bargaining	$	3,410,952	$	3,410,952	70609
130	100-606	Risk Management Reserve	$	217,904	$	223,904	70610
131	100-639	State Architect's Office	$	6,510,117	$	6,473,867	70611
132	100-631	DAS Building Management	$	10,921,019	$	10,721,430	70612
188	100-649	Equal Opportunity Division - Operating	$	1,082,353	$	1,103,697	70613
201	100-653	General Services Resale Merchandise	$	1,533,000	$	1,553,000	70614
210	100-612	State Printing	$	6,160,200	$	6,674,421	70615
4P3	100-603	Departmental MIS Services	$	6,077,535	$	6,233,638	70616
427	100-602	Investment Recovery	$	4,023,473	$	3,953,216	70617
5C2	100-605	MARCS Administration	$	6,632,527	$	9,268,178	70618
5C3	100-608	Skilled Trades	$	1,840,327	$	1,905,655	70619
5D7	100-621	Workforce Development	$	12,000,000	$	12,000,000	70620
5L7	100-610	Professional Development	$	2,700,000	$	2,700,000	70621
5V6	100-619	Employee Educational Development	$	809,071	$	811,129	70622
TOTAL GSF General Services Fund							70623
Group			$	103,999,345	$	108,400,805	70624

Intragovernmental Service Fund Group

70625

133	100-607	Information Technology Fund	$	100,987,526	$	102,272,838	70626
4N6	100-617	Major IT Purchases	$	15,452,006	$	10,617,166	70627
TOTAL ISF Intragovernmental							70628
Service Fund Group			$	116,439,532	$	112,890,004	70629

Agency Fund Group

70630

113	100-628	Unemployment Compensation Pass Through	$	4,200,000	$	4,200,000	70631
124	100-629	Payroll Deductions	$	1,971,000,000	$	2,050,000,000	70632
TOTAL AGY Agency Fund Group			$	1,975,200,000	$	2,054,200,000	70633

Holding Account Redistribution Fund Group

70634

R08	100-646	General Services Refunds	$	20,000	$	20,000	70635
TOTAL 090 Holding Account							70636
Redistribution Fund Group			$	20,000	$	20,000	70637
TOTAL ALL BUDGET FUND GROUPS			$	2,352,869,612	$	2,443,058,371	70638

Section 8.01. AGENCY AUDIT EXPENSES

70640

The foregoing appropriation item 100-405, Agency Audit	70641
Expenses, shall be used for auditing expenses designated in	70642
division (A)(1) of section 117.13 of the Revised Code for those	70643
state agencies audited on a biennial basis.	70644

Section 8.02. OHIO BUILDING AUTHORITY

70645

The foregoing appropriation item 100-447, OBA - Building Rent	70646
Payments, shall be used to meet all payments at the times they are	70647
required to be made during the period from July 1, 2003, to June	70648
30, 2005, by the Department of Administrative Services to the Ohio	70649
Building Authority pursuant to leases and agreements under Chapter	70650
152. of the Revised Code, but limited to the aggregate amount of	70651
$222,702,700. These appropriations are the source of funds pledged	70652
for bond service charges on obligations issued pursuant to Chapter	70653
152. of the Revised Code.	70654

The foregoing appropriation item 100-448, OBA - Building	70655
Operating Payments, shall be used to meet all payments at the	70656
times that they are required to be made during the period from	70657
July 1, 2003, to June 30, 2005, by the Department of	70658
Administrative Services to the Ohio Building Authority pursuant to	70659
leases and agreements under Chapter 152. of the Revised Code, but	70660
limited to the aggregate amount of $51,448,800.	70661

The payments to the Ohio Building Authority are for the	70662
purpose of paying the expenses of agencies that occupy space in	70663
the various state facilities. The Department of Administrative	70664
Services may enter into leases and agreements with the Ohio	70665
Building Authority providing for the payment of these expenses.	70666
The Ohio Building Authority shall report to the Department of	70667
Administrative Services and the Office of Budget and Management	70668
not later than five months after the start of a fiscal year the	70669
actual expenses incurred by the Ohio Building Authority in	70670
operating the facilities and any balances remaining from payments	70671
and rentals received in the prior fiscal year. The Department of	70672
Administrative Services shall reduce subsequent payments by the	70673
amount of the balance reported to it by the Ohio Building	70674
Authority.	70675

Section 8.03. DAS - BUILDING OPERATING PAYMENTS

70676

The foregoing appropriation item 100-449, DAS - Building	70677
Operating Payments, shall be used to pay the rent expenses of	70678
veterans organizations pursuant to section 123.024 of the Revised	70679
Code in fiscal years 2004 and 2005.	70680

The foregoing appropriation item, 100-449, DAS - Building	70681
Operating Payments, may be used to provide funding for the cost of	70682
property appraisals or building studies that the Department of	70683
Administrative Services may be required to obtain for property	70684
that is being sold by the state or property under consideration to	70685
be renovated or purchased by the state.	70686

Notwithstanding section 125.28 of the Revised Code, the	70687
remaining portion of the appropriation may be used to pay the	70688
operating expenses of state facilities maintained by the	70689
Department of Administrative Services that are not billed to	70690
building tenants. These expenses may include, but are not limited	70691
to, the costs for vacant space and space undergoing renovation,	70692
and the rent expenses of tenants that are relocated due to	70693
building renovations. These payments shall be processed by the	70694
Department of Administrative Services through intrastate transfer	70695
vouchers and placed in the Building Management Fund (Fund 132).	70696

Section 8.04. CENTRAL SERVICE AGENCY FUND

70697

The Director of Budget and Management may transfer up to	70698
$423,200 in fiscal year 2004 and up to $427,700 in fiscal year	70699
2005 from the Occupational Licensing and Regulatory Fund (Fund	70700
4K9) to the Central Service Agency Fund (Fund 115). The Director	70701
of Budget and Management may transfer up to $40,700 in fiscal year	70702
2004 and up to $41,200 in fiscal year 2005 from the State Medical	70703
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund	70704
(Fund 115). The appropriation item 100-632, Central Service	70705
Agency, shall be used to purchase the necessary equipment,	70706
products, and services to maintain a local area network for the	70707
professional licensing boards, and to support their licensing	70708
applications in fiscal years 2004 and 2005. The amount of the cash	70709
transfer is appropriated to appropriation item 100-632, Central	70710
Service Agency.	70711

Section 8.05. COLLECTIVE BARGAINING ARBITRATION EXPENSES

70712

With approval of the Director of Budget and Management, the	70713
Department of Administrative Services may seek reimbursement from	70714
state agencies for the actual costs and expenses the department	70715
incurs in the collective bargaining arbitration process. The	70716
reimbursements shall be processed through intrastate transfer	70717
vouchers and placed in the Collective Bargaining Fund (Fund 128).	70718

Section 8.06. EQUAL OPPORTUNITY PROGRAM

70719

The Department of Administrative Services, with the approval	70720
of the Director of Budget and Management, shall establish charges	70721
for recovering the costs of administering the activities supported	70722
by the State EEO Fund (Fund 188). These charges shall be deposited	70723
to the credit of the State EEO Fund (Fund 188) upon payment made	70724
by state agencies, state-supported or state-assisted institutions	70725
of higher education, and tax-supported agencies, municipal	70726
corporations, and other political subdivisions of the state, for	70727
services rendered.	70728

Section 8.07. MERCHANDISE FOR RESALE

70729

The foregoing appropriation item 100-653, General Services	70730
Resale Merchandise, shall be used to account for merchandise for	70731
resale, which is administered by the General Services Division.	70732
Deposits to the fund may comprise the cost of merchandise for	70733
resale and shipping fees.	70734

Section 8.08. DEPARTMENTAL MIS

70735

The foregoing appropriation item 100-603, Departmental MIS	70736
Services, may be used to pay operating expenses of management	70737
information systems activities in the Department of Administrative	70738
Services. The Department of Administrative Services shall	70739
establish charges for recovering the costs of management	70740
information systems activities. These charges shall be deposited	70741
to the credit of the Departmental MIS Services Fund (Fund 4P3).	70742

Notwithstanding any other language to the contrary, the	70743
Director of Budget and Management may transfer up to $1,000,000 of	70744
fiscal year 2004 appropriations and up to $1,000,000 of fiscal	70745
year 2005 appropriations from appropriation item 100-603,	70746
Departmental MIS Services, to any Department of Administrative	70747
Services non-General Revenue Fund appropriation item. The	70748
appropriations transferred shall be used to make payments for	70749
management information systems services.	70750

Section 8.09. INVESTMENT RECOVERY FUND

70751

Notwithstanding division (B) of section 125.14 of the Revised	70752
Code, cash balances in the Investment Recovery Fund (Fund 427) may	70753
be used to support the operating expenses of the Federal Surplus	70754
Operating Program created in sections 125.84 to 125.90 of the	70755
Revised Code.	70756

Notwithstanding division (B) of section 125.14 of the Revised	70757
Code, cash balances in the Investment Recovery Fund may be used to	70758
support the operating expenses of the State Property Inventory and	70759
Fixed Assets Management System Program.	70760

Of the foregoing appropriation item 100-602, Investment	70761
Recovery, up to $1,958,155 in fiscal year 2004 and up to	70762
$2,049,162 in fiscal year 2005 shall be used to pay the operating	70763
expenses of the State Surplus Property Program, the Surplus	70764
Federal Property Program, and the State Property Inventory and	70765
Fixed Assets Management System Program pursuant to Chapter 125. of	70766
the Revised Code and this section. If additional appropriations	70767
are necessary for the operations of these programs, the Director	70768
of Administrative Services shall seek increased appropriations	70769
from the Controlling Board under section 131.35 of the Revised	70770
Code.	70771

Of the foregoing appropriation item 100-602, Investment	70772
Recovery, $2,221,029 in fiscal year 2004 and $2,130,022 in fiscal	70773
year 2005 shall be used to transfer proceeds from the sale of	70774
surplus property from the Investment Recovery Fund to non-General	70775
Revenue Funds pursuant to division (A)(2) of section 125.14 of the	70776
Revised Code. If it is determined by the Director of	70777
Administrative Services that additional appropriations are	70778
necessary for the transfer of such sale proceeds, the Director of	70779
Administrative Services may request the Director of Budget and	70780
Management to increase the amounts. Such amounts are hereby	70781
appropriated.	70782

Notwithstanding division (B) of section 125.14 of the Revised	70783
Code, the Director of Budget and Management, at the request of the	70784
Director of Administrative Services, shall transfer up to	70785
$2,811,197 of the amounts held for transfer to the General Revenue	70786
Fund from the Investment Recovery Fund to the General Services	70787
Fund (Fund 117) during the biennium beginning July 1, 2003, and	70788
ending June 30, 2005. The cash transferred to the General Services	70789
Fund shall be used to pay the operating expenses of the	70790
Competitive Sealed Proposal Program, to provide operating cash for	70791
the General Services Fund, and to provide operating cash for the	70792
newly created rate pools for Real Estate Leasing and Interior	70793
Design Services.	70794

Section 8.10. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

70795

Notwithstanding division (B)(3) of section 4505.09 of the	70796
Revised Code, the Director of Budget and Management, at the	70797
request of the Director of Administrative Services, may transfer	70798
up to $4,887,390 in fiscal year 2004 and $1,000,000 in fiscal year	70799
2005 from the Automated Title Processing System (Fund 849) to the	70800
Multi-Agency Radio Communications Systems Administration Fund	70801
(Fund 5C2). The cash transferred to the Multi-Agency Radio	70802
Communications Systems Administration Fund shall be used for the	70803
development of the MARCS system.	70804

Effective with the implementation of the Multi-Agency Radio	70805
Communications System, the Director of Administrative Services	70806
shall collect user fees from participants in the system. The	70807
Director of Administrative Services, with the advice of the	70808
Multi-Agency Radio Communications System Steering Committee and	70809
the Director of Budget and Management, shall determine the amount	70810
of the fees and the manner by which the fees shall be collected.	70811
Such user charges shall comply with the applicable cost principles	70812
issued by the federal Office of Management and Budget. All moneys	70813
from user charges and fees shall be deposited in the state	70814
treasury to the credit of the Multi-Agency Radio Communications	70815
System Administration Fund (Fund 5C2). All interest income derived	70816
from the investment of the fund shall accrue to the fund.	70817

Section 8.11. WORKFORCE DEVELOPMENT FUND

70818

There is hereby established in the state treasury the	70819
Workforce Development Fund (Fund 5D7). The foregoing appropriation	70820
item 100-621, Workforce Development, shall be used to make	70821
payments from the fund. The fund shall be under the supervision of	70822
the Department of Administrative Services, which may adopt rules	70823
with regard to administration of the fund. The fund shall be used	70824
to pay the costs of the Workforce Development Program, if any, as	70825
previously established by Article 37 of the contract between the	70826
State of Ohio and OCSEA/AFSCME, Local 11, effective March 1, 2000,	70827
and as modified by any successor labor contract between the State	70828
of Ohio and OCSEA/AFSCME. The program shall be administered in	70829
accordance with the contract. Revenues shall accrue to the fund as	70830
specified in the contract. The fund may be used to pay direct and	70831
indirect costs of the program that are attributable to staff,	70832
consultants, and service providers. All income derived from the	70833
investment of the fund shall accrue to the fund.	70834

If it is determined by the Director of Administrative	70835
Services that additional appropriation amounts are necessary, the	70836
Director of Administrative Services may request that the Director	70837
of Budget and Management increase such amounts. Such amounts are	70838
hereby appropriated.	70839

Section 8.12. PROFESSIONAL DEVELOPMENT FUND

70840

The foregoing appropriation item 100-610, Professional	70841
Development, shall be used to make payments from the Professional	70842
Development Fund (Fund 5L7) pursuant to section 124.182 of the	70843
Revised Code.	70844

Section 8.13. EMPLOYEE EDUCATIONAL DEVELOPMENT

70845

There is hereby established in the state treasury the	70846
Employee Educational Development Fund (Fund 5V6). The foregoing	70847
appropriation item 100-619, Employee Educational Development,	70848
shall be used to make payments from the fund. The fund shall be	70849
used to pay the costs of the administration of educational	70850
programs per existing collective bargaining agreements with	70851
District 1199, the Health Care and Social Service Union; State	70852
Council of Professional Educators; Ohio Education Association;	70853
National Education Association; the Fraternal Order of Police Ohio	70854
Labor Council, Unit 2; and the Ohio State Troopers Association,	70855
Units 1 and 15. The fund shall be under the supervision of the	70856
Department of Administrative Services, which may adopt rules with	70857
regard to administration of the fund. The fund shall be	70858
administered in accordance with the applicable sections of the	70859
collective bargaining agreements between the State and the	70860
aforementioned unions. The Department of Administrative Services,	70861
with the approval of the Director of Budget and Management, shall	70862
establish charges for recovering the costs of administering the	70863
educational programs. Receipts for these charges shall be	70864
deposited into the Employee Educational Development Fund. All	70865
income derived from the investment of the funds shall accrue to	70866
the fund.	70867

If it is determined by the Director of Administrative	70868
Services that additional appropriation amounts are necessary, the	70869
Director of Administrative Services may request that the Director	70870
of Budget and Management increase such amounts. Such amounts are	70871
hereby appropriated with the approval of the Director of Budget	70872
and Management.	70873

Upon the request of the Director of Administrative Services,	70874
the Director of Budget and Management shall transfer any cash	70875
balances attributable to educational programs per existing	70876
collective bargaining agreements with District 1199, the Health	70877
Care and Social Service Union; State Council of Professional	70878
Educators; Ohio Education Association; National Education	70879
Association; the Fraternal Order of Police Ohio Labor Council,	70880
Unit 2; and the Ohio State Troopers Association, Units 1 and 15	70881
from the Human Resources Services Fund (Fund 125) to the Employee	70882
Educational Development Fund (Fund 5V6).	70883

Section 8.14. MAJOR IT PURCHASES

70884

The Director of Administrative Services shall compute the	70885
amount of revenue attributable to the amortization of all	70886
equipment purchases and capitalized systems from appropriation	70887
item 100-607, Information Technology Fund; appropriation item	70888
100-617, Major IT Purchases; and appropriation item CAP-837, Major	70889
IT Purchases, which is recovered by the Department of	70890
Administrative Services as part of the rates charged by the	70891
Information Technology Fund (Fund 133) created in section 125.15	70892
of the Revised Code. The Director of Budget and Management may	70893
transfer cash in an amount not to exceed the amount of	70894
amortization computed from the Information Technology Fund (Fund	70895
133) to the Major IT Purchases Fund (Fund 4N6).	70896

Section 8.15. INFORMATION TECHNOLOGY ASSESSMENT

70897

The Director of Administrative Services, with the approval of	70898
the Director of Budget and Management, may establish an	70899
information technology assessment for the purpose of recovering	70900
the cost of selected infrastructure and statewide programs. Such	70901
assessment shall comply with applicable cost principles issued by	70902
the federal Office of Management and Budget. The information	70903
technology assessment shall be charged to all organized bodies,	70904
offices, or agencies established by the laws of the state for the	70905
exercise of any function of state government except for the	70906
General Assembly, any legislative agency, the Supreme Court, the	70907
other courts of record in Ohio, or any judicial agency, the	70908
Adjutant General, the Bureau of Workers' Compensation, and	70909
institutions administered by a board of trustees. Any state-entity	70910
exempted by this section may utilize the infrastructure or	70911
statewide program by participating in the information technology	70912
assessment. All charges for the information technology assessment	70913
shall be deposited to the credit of the Information Technology	70914
Fund (Fund 133) created in section 125.15 of the Revised Code.	70915

Section 8.16. UNEMPLOYMENT COMPENSATION FUND

70916

The foregoing appropriation item 100-628, Unemployment	70917
Compensation Pass Through, shall be used to make payments from the	70918
Unemployment Compensation Fund (Fund 113), pursuant to section	70919
4141.241 of the Revised Code. If it is determined that additional	70920
amounts are necessary, such amounts are hereby appropriated.	70921

Section 8.17. PAYROLL WITHHOLDING FUND

70922

The foregoing appropriation item 100-629, Payroll Deductions,	70923
shall be used to make payments from the Payroll Withholding Fund	70924
(Fund 124). If it is determined by the Director of Budget and	70925
Management that additional appropriation amounts are necessary,	70926
such amounts are hereby appropriated.	70927

Section 8.18. GENERAL SERVICES REFUNDS

70928

The foregoing appropriation item 100-646, General Services	70929
Refunds, shall be used to hold bid guarantee and building plans	70930
and specifications deposits until they are refunded. The Director	70931
of Administrative Services may request that the Director of Budget	70932
and Management transfer cash received for the costs of providing	70933
the building plans and specifications to contractors from the	70934
General Services Refunds Fund to the State Architect's Office Fund	70935
(Fund 131). Prior to the transfer of cash, the Director of	70936
Administrative Services shall certify that such amounts are in	70937
excess of amounts required for refunding deposits and are directly	70938
related to costs of producing building plans and specifications.	70939
If it is determined that additional appropriations are necessary,	70940
such amounts are hereby appropriated.	70941

Section 8.19. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	70942
SERVICE PAYMENTS	70943

The Director of Administrative Services, in consultation with	70944
the Multi-Agency Radio Communication System (MARCS) Steering	70945
Committee and the Director of Budget and Management, shall	70946
determine the share of debt service payments attributable to	70947
spending for MARCS components that are not specific to any one	70948
agency and that shall be charged to agencies supported by the	70949
motor fuel tax. Such share of debt service payments shall be	70950
calculated for MARCS capital disbursements made beginning July 1,	70951
1997. Within thirty days of any payment made from appropriation	70952
item 100-447, OBA - Building Rent Payments, the Director of	70953
Administrative Services shall certify to the Director of Budget	70954
and Management the amount of this share. The Director of Budget	70955
and Management shall transfer such amounts to the General Revenue	70956
Fund from the State Highway Safety Fund (Fund 036) established in	70957
section 4501.06 of the Revised Code.	70958

The Director of Administrative Services shall consider	70959
renting or leasing existing tower sites at reasonable or current	70960
market rates, so long as these existing sites are equipped with	70961
the technical capabilities to support the MARCS project.	70962

Section 8.20. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

70963

Whenever the Director of Administrative Services declares a	70964
"public exigency," as provided in division (C) of section 123.15	70965
of the Revised Code, the Director shall also notify the members of	70966
the Controlling Board.	70967

Section 8.21. GENERAL SERVICE CHARGES

70968

The Department of Administrative Services, with the approval	70969
of the Director of Budget and Management, shall establish charges	70970
for recovering the costs of administering the programs in the	70971
General Services Fund (Fund 117) and the State Printing Fund (Fund	70972
210).	70973

Section 9. AAM COMMISSION ON AFRICAN AMERICAN MALES

70974

General Revenue Fund

70975

GRF	036-100	Personal Services	$	212,492	$	218,610	70976
GRF	036-200	Maintenance	$	50,180	$	50,180	70977
GRF	036-300	Equipment	$	4,000	$	4,000	70978
GRF	036-501	CAAM Awards and Scholarships	$	8,143	$	765	70979
GRF	036-502	Community Projects	$	25,185	$	26,445	70980
TOTAL GRF General Revenue Fund			$	300,000	$	300,000	70981

State Special Revenue Fund Group

70982

4H3	036-601	Commission on African American Males - Gifts/Grants	$	10,000	$	10,000	70983
TOTAL SSR State Special Revenue Fund Group			$	10,000	$	10,000	70984
TOTAL ALL BUDGET FUND GROUPS			$	310,000	$	310,000	70985

COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW

70986

Annually, not later than the thirty-first day of December,	70987
the Commission on African American Males shall internally prepare	70988
and submit to the chairperson and ranking minority member of the	70989
Human Services Subcommittee of the Finance and Appropriations	70990
Committee of the House of Representatives a report that	70991
demonstrates the progress that has been made toward meeting the	70992
Commission's mission statement.	70993

Section 10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

70994

General Revenue Fund

70995

GRF	029-321	Operating Expenses	$	363,769	$	379,769	70996
TOTAL GRF General Revenue Fund			$	363,769	$	379,769	70997
TOTAL ALL BUDGET FUND GROUPS			$	363,769	$	379,769	70998

OPERATING

70999

The Chief Administrative Officer of the House of	71000
Representatives and the Clerk of the Senate shall determine, by	71001
mutual agreement, which of them shall act as fiscal agent for the	71002
Joint Committee on Agency Rule Review.	71003

Section 11. AGE DEPARTMENT OF AGING

71004

General Revenue Fund

71005

GRF	490-321	Operating Expenses	$	2,308,867	$	2,308,867	71006
GRF	490-403	PASSPORT	$	74,808,877	$	80,946,032	71007
GRF	490-405	Golden Buckeye Card	$	297,628	$	297,628	71008
GRF	490-406	Senior Olympics	$	16,636	$	16,636	71009
GRF	490-409	Ohio Community Service Council Operations	$	228,048	$	228,048	71010
GRF	490-410	Long-Term Care Ombudsman	$	729,685	$	729,685	71011
GRF	490-411	Senior Community Services	$	11,271,431	$	11,271,431	71012
GRF	490-412	Residential State Supplement	$	9,960,356	$	10,210,356	71013
GRF	490-414	Alzheimers Respite	$	4,346,689	$	4,346,689	71014
GRF	490-416	Transportation for Elderly	$	138,369	$	138,369	71015
GRF	490-419	Prescription Drug Discount Program	$	169,986	$	169,986	71016
GRF	490-506	Senior Volunteers	$	375,471	$	375,471	71017
TOTAL GRF General Revenue Fund			$	104,652,043	$	111,039,198	71018

General Services Fund Group

71019

480	490-606	Senior Citizens Services Special Events	$	372,677	$	372,677	71020
5T4	490-615	Aging Network Support	$	252,830	$	252,830	71021
TOTAL GSF General Services Fund							71022
Group			$	625,507	$	625,507	71023

Federal Special Revenue Fund Group

71024

3C4	490-607	PASSPORT	$	140,563,071	$	143,208,159	71025
3M3	490-611	Federal Aging Nutrition	$	25,541,095	$	26,818,149	71026
3M4	490-612	Federal Supportive Services	$	26,305,294	$	27,094,453	71027
3R7	490-617	Ohio Community Service Council Programs	$	8,951,150	$	8,905,150	71028
322	490-618	Older Americans Support Services	$	12,904,949	$	13,298,626	71029
TOTAL FED Federal Special Revenue							71030
Fund Group			$	214,265,559	$	219,324,537	71031

State Special Revenue Fund Group

71032

4C4	490-609	Regional Long-Term Care Ombudsman Program	$	829,321	$	829,321	71033
4J4	490-610	PASSPORT/Residential State Supplement	$	33,268,052	$	33,263,984	71034
4U9	490-602	PASSPORT Fund	$	5,000,000	$	5,000,000	71035
5W1	490-616	Resident Services Coordinator Program	$	250,000	$	250,000	71036
624	490-604	OCSC Community Support	$	2,500	$	2,500	71037
TOTAL SSR State Special Revenue							71038
Fund Group			$	39,349,873	$	39,345,805	71039
TOTAL ALL BUDGET FUND GROUPS			$	358,892,982	$	370,335,047	71040

Section 11.01. PRE-ADMISSION REVIEW FOR NURSING FACILITY	71042
ADMISSION	71043

Pursuant to sections 5101.751 and 5101.754 of the Revised	71044
Code and an interagency agreement, the Department of Job and	71045
Family Services shall designate the Department of Aging to perform	71046
assessments under sections 5101.75 and 5111.204 of the Revised	71047
Code. Of the foregoing appropriation item 490-403, PASSPORT, the	71048
Department of Aging may use not more than $2,511,309 in fiscal	71049
year 2004 and $2,574,092 in fiscal year 2005 to perform the	71050
assessments for persons not eligible for Medicaid in accordance	71051
with the department's interagency agreement with the Department of	71052
Job and Family Services and to assist individuals in planning for	71053
their long-term health care needs.	71054

Section 11.02. PASSPORT

71055

Appropriation item 490-403, PASSPORT, and the amounts set	71056
aside for the PASSPORT Waiver Program in appropriation item	71057
490-610, PASSPORT/Residential State Supplement, may be used to	71058
assess clients regardless of Medicaid eligibility.	71059

The Director of Aging shall adopt rules under section 111.15	71060
of the Revised Code governing the nonwaiver funded PASSPORT	71061
program, including client eligibility.	71062

The Department of Aging shall administer the Medicaid	71063
waiver-funded PASSPORT Home Care Program as delegated by the	71064
Department of Job and Family Services in an interagency agreement.	71065
The foregoing appropriation item 490-403, PASSPORT, and the	71066
amounts set aside for the PASSPORT Waiver Program in appropriation	71067
item 490-610, PASSPORT/Residential State Supplement, shall be used	71068
to provide the required state match for federal Medicaid funds	71069
supporting the Medicaid Waiver-funded PASSPORT Home Care Program.	71070
Appropriation item 490-403, PASSPORT, and the amounts set aside	71071
for the PASSPORT Waiver Program in appropriation item 490-610,	71072
PASSPORT/Residential State Supplement, may also be used to support	71073
the Department of Aging's administrative costs associated with	71074
operating the PASSPORT program.	71075

The foregoing appropriation item 490-607, PASSPORT, shall be	71076
used to provide the federal matching share for all PASSPORT	71077
program costs determined by the Department of Job and Family	71078
Services to be eligible for Medicaid reimbursement.	71079

SENIOR COMMUNITY SERVICES

71080

Of the foregoing appropriation item 490-411, Senior Community	71081
Services, $300,000 shall be allocated to the Visiting Nurses	71082
Association of Cleveland.	71083

The remainder of the foregoing appropriation item 490-411,	71084
Senior Community Services, shall be used for services designated	71085
by the Department of Aging, including, but not limited to,	71086
home-delivered and congregate meals, transportation services,	71087
personal care services, respite services, adult day services, home	71088
repair, care coordination, and decision support systems. Service	71089
priority shall be given to low income, frail, and cognitively	71090
impaired persons 60 years of age and over. The department shall	71091
promote cost sharing by service recipients for those services	71092
funded with block grant funds, including, where possible,	71093
sliding-fee scale payment systems based on the income of service	71094
recipients.	71095

ALZHEIMERS RESPITE

71096

The foregoing appropriation item 490-414, Alzheimers Respite,	71097
shall be used to fund only Alzheimer's disease services under	71098
section 173.04 of the Revised Code.	71099

TRANSPORTATION FOR ELDERLY

71100

The foregoing appropriation item 490-416, Transportation for	71101
Elderly, shall be used for noncapital expenses related to	71102
transportation services for the elderly that provide access to	71103
such things as healthcare services, congregate meals,	71104
socialization programs, and grocery shopping. The funds pass	71105
through and shall be administered by the Area Agencies on Aging.	71106
The appropriation shall be allocated to the following agencies:	71107

(A) Up to $34,912 in fiscal year 2004 and up to $34,039 in	71108
fiscal year 2005 to the Jewish Vocational Services/Cincinnati;	71109

(B) Up to $34,912 in fiscal year 2004 and up to $34,039 in	71110
fiscal year 2005 to the Jewish Community Center of Cleveland;	71111

(C) Up to $34,912 in fiscal year 2004 and up to $34,039 in	71112
fiscal year 2005 to the Wexner Heritage Village/Columbus;	71113

(D) Up to $15,469 in fiscal year 2004 and up to $15,082 in	71114
fiscal year 2005 to the Jewish Family Services of Dayton;	71115

(E) Up to $7,805 in fiscal year 2004 and up to $7,610 in	71116
fiscal year 2005 to the Jewish Community Center of Akron;	71117

(F) Up to $3,832 in fiscal year 2004 and up to $3,736 in	71118
fiscal year 2005 to the Jewish Community Center/Youngstown;	71119

(G) Up to $2,270 in fiscal year 2004 and up to $2,214 in	71120
fiscal year 2005 to the Jewish Community Center/Canton;	71121

(H) Up to $7,805 in fiscal year 2004 and up to $7,610 in	71122
fiscal year 2005 to the Jewish Community Center/Sylvania.	71123

Agencies receiving funding from appropriation item 490-416,	71124
Transportation for Elderly, shall coordinate services with other	71125
local service agencies.	71126

RESIDENTIAL STATE SUPPLEMENT

71127

Under the Residential State Supplement Program, the amount	71128
used to determine whether a resident is eligible for payment and	71129
for determining the amount per month the eligible resident will	71130
receive shall be as follows:	71131

(A) $900 for a residential care facility, as defined in	71132
section 3721.01 of the Revised Code;	71133

(B) $900 for an adult group home, as defined in Chapter 3722.	71134
of the Revised Code;	71135

(C) $800 for an adult foster home, as defined in Chapter 173.	71136
of the Revised Code;	71137

(D) $800 for an adult family home, as defined in Chapter	71138
3722. of the Revised Code;	71139

(E) $800 for an adult community alternative home, as defined	71140
in Chapter 3724. of the Revised Code;	71141

(F) $800 for an adult residential facility, as defined in	71142
Chapter 5119. of the Revised Code;	71143

(G) $600 for adult community mental health housing services,	71144
as defined in division (B)(5) of section 173.35 of the Revised	71145
Code.	71146

The Departments of Aging and Job and Family Services shall	71147
reflect these amounts in any applicable rules the departments	71148
adopt under section 173.35 of the Revised Code.	71149

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

71150

The Department of Aging may transfer cash by intrastate	71151
transfer vouchers from the foregoing appropriation items 490-412,	71152
Residential State Supplement, and 490-610, PASSPORT/Residential	71153
State Supplement, to the Department of Job and Family Services'	71154
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	71155
funds shall be used to make benefit payments to Residential State	71156
Supplement recipients.	71157

LONG-TERM CARE OMBUDSMAN

71158

The foregoing appropriation item 490-410, Long-Term Care	71159
Ombudsman, shall be used for a program to fund ombudsman program	71160
activities in nursing homes, adult care facilities, boarding	71161
homes, and home and community care services.	71162

PRESCRIPTION DRUG DISCOUNT PROGRAM

71163

The foregoing appropriation item 490-419, Prescription Drug	71164
Discount Program, shall be used to administer a prescription drug	71165
discount program.	71166

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS

71167

The foregoing appropriation item 490-609, Regional Long-Term	71168
Care Ombudsman Programs, shall be used solely to pay the costs of	71169
operating the regional long-term care ombudsman programs.	71170

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

71171

Of the foregoing appropriation item 490-610,	71172
PASSPORT/Residential State Supplement, up to $2,835,000 each	71173
fiscal year may be used to fund the Residential State Supplement	71174
Program. The remaining available funds shall be used to fund the	71175
PASSPORT program.	71176

TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL	71177
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES	71178

Upon written request of the Director of Aging, the Director	71179
of Budget and Management may transfer appropriation authority	71180
among appropriation items 490-611, Federal Aging Nutrition,	71181
490-612, Federal Supportive Services, and 490-618, Older Americans	71182
Support Services, in amounts not to exceed 30 per cent of the	71183
appropriation from which the transfer is made. The Department of	71184
Aging shall report such transfers to the Controlling Board at the	71185
next regularly scheduled meeting of the board.	71186

OHIO COMMUNITY SERVICE COUNCIL

71187

The foregoing appropriation items 490-409, Ohio Community	71188
Service Council Operations, and 490-617, Ohio Community Service	71189
Council Programs, shall be used in accordance with section 121.40	71190
of the Revised Code.	71191

Section 12. AGR DEPARTMENT OF AGRICULTURE

71192

General Revenue Fund

71193

GRF	700-321	Operating Expenses	$	2,737,665	$	2,771,628	71194
GRF	700-401	Animal Disease Control	$	3,621,815	$	3,621,815	71195
GRF	700-402	Amusement Ride Safety	$	278,767	$	275,943	71196
GRF	700-403	Dairy Division	$	1,494,597	$	1,494,153	71197
GRF	700-404	Ohio Proud	$	197,727	$	197,229	71198
GRF	700-405	Animal Damage Control	$	94,954	$	94,954	71199
GRF	700-406	Consumer Analytical Lab	$	1,319,281	$	1,372,241	71200
GRF	700-407	Food Safety	$	999,042	$	999,042	71201
GRF	700-409	Farmland Preservation	$	256,993	$	256,993	71202
GRF	700-410	Plant Industry	$	1,109,867	$	1,107,677	71203
GRF	700-411	International Trade and Market Development	$	621,049	$	517,524	71204
GRF	700-412	Weights and Measures	$	914,137	$	909,120	71205
GRF	700-413	Gypsy Moth Prevention	$	546,118	$	576,299	71206
GRF	700-414	Concentrated Animal Feeding Facilities Advisory Committee	$	16,521	$	16,086	71207
GRF	700-415	Poultry Inspection	$	270,645	$	267,743	71208
GRF	700-418	Livestock Regulation Program	$	1,306,911	$	1,306,911	71209
GRF	700-424	Livestock Testing and Inspections	$	123,347	$	123,347	71210
GRF	700-499	Meat Inspection Program - State Share	$	4,651,611	$	4,696,889	71211
GRF	700-501	County Agricultural Societies	$	381,091	$	381,091	71212
TOTAL GRF General Revenue Fund			$	20,942,138	$	20,986,685	71213

Federal Special Revenue Fund Group

71214

3J4	700-607	Indirect Cost	$	938,785	$	949,877	71215
3R2	700-614	Federal Plant Industry	$	1,400,000	$	1,425,000	71216
326	700-618	Meat Inspection Service - Federal Share	$	4,876,904	$	4,951,291	71217
336	700-617	Ohio Farm Loan Revolving Fund	$	181,774	$	181,774	71218
382	700-601	Cooperative Contracts	$	2,400,000	$	2,500,000	71219
TOTAL FED Federal Special Revenue							71220
Fund Group			$	9,797,463	$	10,007,942	71221

State Special Revenue Fund Group

71222

4C9	700-605	Feed, Fertilizer, and Lime Inspection	$	986,765	$	1,008,541	71223
4D2	700-609	Auction Education	$	30,476	$	30,476	71224
4E4	700-606	Utility Radiological Safety	$	73,059	$	73,059	71225
4P7	700-610	Food Safety Inspection	$	575,797	$	582,711	71226
4R0	700-636	Ohio Proud Marketing	$	40,300	$	38,300	71227
4R2	700-637	Dairy Inspection Fund	$	1,157,603	$	1,184,183	71228
4T6	700-611	Poultry and Meat Inspection	$	46,162	$	47,294	71229
4T7	700-613	International Trade and Market Development Rotary	$	41,238	$	42,000	71230
4V5	700-615	Animal Industry Lab Fees	$	711,944	$	711,944	71231
494	700-612	Agricultural Commodity Marketing Program	$	170,077	$	170,220	71232
496	700-626	Ohio Grape Industries	$	1,071,099	$	1,071,099	71233
497	700-627	Commodity Handlers Regulatory Program	$	664,118	$	664,118	71234
498	700-628	Commodity Indemnity Fund	$	250,000	$	250,000	71235
5B8	700-629	Auctioneers	$	291,672	$	365,390	71236
5H2	700-608	Metrology Lab	$	105,879	$	108,849	71237
5L8	700-604	Livestock Management Program	$	250,000	$	250,000	71238
578	700-620	Ride Inspection Fees	$	497,000	$	497,000	71239
579	700-630	Scale Certification	$	168,785	$	171,677	71240
652	700-634	Laboratory Services	$	1,043,444	$	1,074,447	71241
669	700-635	Pesticide Program	$	2,243,232	$	2,243,232	71242
TOTAL SSR State Special Revenue							71243
Fund Group			$	10,418,650	$	10,584,540	71244

Clean Ohio Fund Group

71245

057	700-632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		71246
TOTAL CLR Clean Ohio Fund Group					$	149,000		$	149,000		71247

Holding Account Redistribution Fund Group

71248

XXX	700-XXX	Farm Service Electronic Filing	$	60,000	$	60,000	71249
TOTAL 090 Holding Account Redistribution Fund Group			$	60,000	$	60,000	71250
TOTAL ALL BUDGET FUND GROUPS			$	41,367,251	$	41,788,167	71251

ANIMAL DAMAGE CONTROL

71252

Of the foregoing appropriation item 700-405, Animal Damage	71253
Control, $50,000 shall be used in each fiscal year for coyote and	71254
black vulture indemnification.	71255

INTERNATIONAL TRADE AND MARKET DEVELOPMENT

71256

Of the foregoing appropriation item 700-411, International	71257
Trade and Market Development, $100,000 shall be used in fiscal	71258
year 2004 for the Ohio-Israel Agricultural Initiative.	71259

FAMILY FARM LOAN PROGRAM

71260

Notwithstanding Chapter 166. of the Revised Code, up to	71261
$1,500,000 in each fiscal year shall be transferred from moneys in	71262
the Facilities Establishment Fund (Fund 037) to the Family Farm	71263
Loan Fund (Fund 5H1) in the Department of Development. These	71264
moneys shall be used for loan guarantees. The transfer is subject	71265
to Controlling Board approval.	71266

Financial assistance from the Family Farm Loan Fund (Fund	71267
5H1) shall be repaid to Fund 5H1. This fund is established in	71268
accordance with sections 166.031, 901.80, 901.81, 901.82, and	71269
901.83 of the Revised Code.	71270

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	71271
all outstanding balances, all loan repayments, and any other	71272
outstanding obligations shall revert to the Facilities	71273
Establishment Fund (Fund 037).	71274

CLEAN OHIO AGRICULTURAL EASEMENT

71275

The foregoing appropriation item 700-632, Clean Ohio	71276
Agricultural Easement, shall be used by the Department of	71277
Agriculture in administering sections 901.21, 901.22, and 5301.67	71278
to 5301.70 of the Revised Code.	71279

FARM SERVICE ELECTRONIC FILING

71280

As soon as possible on or after July 1, 2003, the Director of	71281
Budget and Management shall make a one-time cash transfer of	71282
$60,000 from Fund 382, Cooperative Contracts, to Fund XXX, Farm	71283
Service Electronic Filing Fund, in fiscal year 2004. The Farm	71284
Service Electronic Filing Fund shall be administered by the	71285
Department of Agriculture.	71286

Section 13. AIR AIR QUALITY DEVELOPMENT AUTHORITY

71287

Agency Fund Group

71288

4Z9	898-602	Small Business Ombudsman	$	233,482	$	233,482	71289
5A0	898-603	Small Business Assistance	$	197,463	$	197,463	71290
570	898-601	Operating Expenses	$	243,383	$	243,383	71291
TOTAL AGY Agency Fund Group			$	674,328	$	674,328	71292
TOTAL ALL BUDGET FUND GROUPS			$	674,328	$	674,328	71293

Section 14. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	71295
SERVICES	71296

General Revenue Fund

71297

GRF	038-321	Operating Expenses	$	1,200,293	$	1,200,293	71298
GRF	038-401	Treatment Services	$	36,012,306	$	36,012,306	71299
GRF	038-404	Prevention Services	$	1,055,033	$	1,055,033	71300
TOTAL GRF General Revenue Fund			$	38,267,632	$	38,267,632	71301

General Services Fund

71302

5T9	038-616		Problem Gambling Services		$	60,000		$	60,000		71303
TOTAL GSF General Services Fund Group					$	60,000		$	60,000		71304

Federal Special Revenue Fund Group

71305

3G3	038-603	Drug Free Schools	$	3,500,000	$	3,500,000	71306
3G4	038-614	Substance Abuse Block Grant	$	67,335,499	$	68,079,223	71307
3H8	038-609	Demonstration Grants	$	7,093,075	$	7,093,075	71308
3J8	038-610	Medicaid	$	30,000,000	$	30,000,000	71309
3N8	038-611	Administrative Reimbursement	$	500,000	$	500,000	71310
TOTAL FED Federal Special Revenue							71311
Fund Group			$	108,428,574	$	109,172,298	71312

State Special Revenue Fund Group

71313

475	038-621	Statewide Treatment and Prevention	$	15,191,182	$	15,191,182	71314
5P1	038-615	Credentialing	$	225,000	$	0	71315
689	038-604	Education and Conferences	$	280,000	$	280,000	71316
TOTAL SSR State Special Revenue							71317
Fund Group			$	15,696,182	$	15,471,182	71318
TOTAL ALL BUDGET FUND GROUPS			$	162,452,388	$	162,971,112	71319

AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY

71320

Of the foregoing appropriation item 038-401, Treatment	71321
Services, $4 million in each fiscal year shall be allocated for	71322
services to families, adults, and adolescents pursuant to the	71323
requirements of Am. Sub. H.B. 484 of the 122nd General Assembly.	71324

TALBERT HOUSE

71325

Of the foregoing appropriation item 038-401, Treatment	71326
Services, $200,000 in each fiscal year shall be allocated to	71327
establish a Talbert House Facility in Butler County. These funds	71328
are in addition to any other funds for which the Talbert House	71329
facility in Butler County is eligible to receive from the	71330
Department of Alcohol and Drug Addiction Services.	71331

SERVICES FOR TANF-ELIGIBLE INDIVIDUALS

71332

Of the foregoing appropriation item 038-401, Treatment	71333
Services, $5 million each year shall be used to fund TANF-eligible	71334
expenditures for substance abuse prevention and treatment services	71335
to children, or their families, whose income is at or below 200	71336
per cent of the official income poverty guideline. The Director of	71337
Alcohol and Drug Addiction Services and the Director of Job and	71338
Family Services shall develop operating and reporting guidelines	71339
for these programs.	71340

PARENT AWARENESS TASK FORCE

71341

The Parent Awareness Task Force shall study ways to engage	71342
more parents in activities, coalitions, and educational programs	71343
in Ohio relating to alcohol and other drug abuse prevention. Of	71344
the foregoing appropriation item 038-404, Prevention Services,	71345
$30,000 in each fiscal year may be used to support the functions	71346
of the Parent Awareness Task Force.	71347

COMMUNITY CAPITAL ASSISTANCE FUNDS

71348

Any proceeds from the repayment of ODADAS community capital	71349
assistance funds from St. Anthony's Villa shall be deposited into	71350
Fund 475, appropriation item 038-621, Statewide Treatment and	71351
Prevention, and such amounts are hereby appropriated for	71352
distribution to other community capital assistance projects in	71353
Lucas County.	71354

Section 15. AMB AMBULANCE LICENSING BOARD

71355

General Services Fund Group

71356

4N1	915-601	Operating Expenses	$	272,340	$	284,054	71357
TOTAL GSF General Services							71358
Fund Group			$	272,340	$	284,054	71359
TOTAL ALL BUDGET FUND GROUPS			$	272,340	$	284,054	71360

Section 16. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

71362

General Services Fund Group

71363

4K9	891-609	Operating Expenses	$	480,574	$	479,574	71364
TOTAL GSF General Services Fund							71365
Group			$	480,574	$	479,574	71366
TOTAL ALL BUDGET FUND GROUPS			$	480,574	$	479,574	71367

Section 17. ART OHIO ARTS COUNCIL

71369

General Revenue Fund

71370

GRF	370-100	Personal Services	$	1,896,848	$	1,892,879	71371
GRF	370-200	Maintenance	$	547,404	$	532,998	71372
GRF	370-300	Equipment	$	227,788	$	27,056	71373
GRF	370-502	Program Subsidies	$	9,896,320	$	9,648,912	71374
TOTAL GRF General Revenue Fund			$	12,568,360	$	12,101,845	71375

General Services Fund Group

71376

4B7	370-603	Per Cent for Art Acquisitions	$	86,366	$	86,366	71377
460	370-602	Operations	$	429,325	$	429,325	71378
TOTAL GSF General Services Fund Group			$	515,691	$	515,691	71379

Federal Special Revenue Fund Group

71380

314	370-601	Federal Programs	$	1,657,300	$	1,657,300	71381
TOTAL FED Federal Special Revenue Fund Group			$	1,657,300	$	1,657,300	71382
TOTAL ALL BUDGET FUND GROUPS			$	14,741,351	$	14,274,836	71383

EQUIPMENT

71384

Of the foregoing appropriation item 370-300, Equipment,	71385
$200,000 in fiscal year 2004 shall be used for computer upgrades.	71386

PROGRAM SUBSIDIES

71387

A museum is not eligible to receive funds from appropriation	71388
item 370-502, Program Subsidies, if $8,000,000 or more in capital	71389
appropriations were appropriated by the state for the museum	71390
between January 1, 1986, and December 31, 2002.	71391

PER CENT FOR ART ACQUISITIONS

71392

The unencumbered balance remaining from prior projects of	71393
appropriation item 370-603, Per Cent for Art Acquisitions, shall	71394
be used by the Ohio Arts Council to pay for start-up costs in	71395
connection with the selection of artists of new Per Cent for Art	71396
projects.	71397

Section 18. AFC OHIO ARTS AND SPORTS FACILITIES COMMISSION

71398

General Revenue Fund

71399

GRF	371-321	Operating Expenses	$	97,451	$	97,451	71400
GRF	371-401	Lease Rental Payments	$	36,283,800	$	37,617,700	71401
TOTAL GRF General Revenue Fund			$	36,381,251	$	37,715,151	71402

State Special Revenue Fund Group

71403

4T8	371-601	Riffe Theatre Equipment Maintenance	$	23,194	$	23,194	71404
4T8	371-603	Project Administration	$	1,035,377	$	1,074,339	71405
TOTAL SSR State Special Revenue Group			$	1,058,571	$	1,097,533	71406
TOTAL ALL BUDGET FUND GROUPS			$	37,439,822	$	38,812,684	71407

OHIO BUILDING AUTHORITY LEASE PAYMENTS

71408

The foregoing appropriation item 371-401, Lease Rental	71409
Payments, shall be used by the Arts and Sports Facilities	71410
Commission for payments to the Ohio Building Authority for the	71411
period from July 1, 2003, to June 30, 2005, pursuant to the	71412
primary leases and agreements for those buildings made under	71413
Chapter 152. of the Revised Code, but limited to the aggregate	71414
amount of $73,901,500. This appropriation is the source of funds	71415
pledged for bond service charges on related obligations issued	71416
pursuant to Chapter 152. of the Revised Code.	71417

OPERATING EXPENSES

71418

The foregoing appropriation item 371-603, Project	71419
Administration, shall be used by the Ohio Arts and Sports	71420
Facilities Commission to carry out its responsibilities pursuant	71421
to this section and Chapter 3383. of the Revised Code.	71422

Within ten days after the effective date of this section, or	71423
as soon as possible thereafter, the Director of Budget and	71424
Management shall determine the amount of cash from interest	71425
earnings to be transferred from the Arts Facilities Building Fund	71426
(Fund 030) and the Sports Facilities Building Fund (Fund 024) to	71427
the Arts and Sports Facilities Commission Administration Fund	71428
(Fund 4T8). The total amount transferred in fiscal year 2004 and	71429
fiscal year 2005 may not exceed the total biennial appropriation	71430
of $2,109,716 in appropriation item 371-603, Project	71431
Administration.	71432

By July 10, 2004, or as soon as possible thereafter, the	71433
Director of Budget and Management shall determine the amount of	71434
cash from interest earnings to be transferred from the Arts	71435
Facilities Building Fund (Fund 030) and the Sports Facilities	71436
Building Fund (Fund 024) to the Arts and Sports Commission	71437
Administration Fund (Fund 4T8). The total amount transferred in	71438
fiscal year 2004 and in fiscal year 2005 may not exceed the total	71439
biennial appropriation of $2,109,716 in appropriation item	71440
371-603, Project Administration.	71441

Section 19. ATH ATHLETIC COMMISSION

71442

General Services Fund Group

71443

4K9	175-609	Athletic Commission - Operating	$	188,250	$	200,205	71444
TOTAL GSF General Services Fund Group			$	188,250	$	200,205	71445
TOTAL ALL BUDGET FUND GROUPS			$	188,250	$	200,205	71446

TRANSFER OF CASH BALANCE FROM FUND 5R1

71447

On July 1, 2003, or as soon thereafter as possible, the	71448
Director of Budget and Management shall transfer the cash balance	71449
in the Athlete Agents Registration Fund (Fund 5R1) that was	71450
created in former section 4771.22 of the Revised Code to the	71451
Occupational Licensing and Regulatory Fund (Fund 4K9). The	71452
director shall cancel any existing encumbrances against	71453
appropriation item 175-602, Athlete Agents Registration (Fund	71454
5R1), and reestablish them against appropriation item 175-609,	71455
Athletic Commission - Operating (Fund 4K9). The amounts of the	71456
reestablished encumbrances are hereby appropriated.	71457

Section 20. AGO ATTORNEY GENERAL

71458

General Revenue Fund

71459

GRF	055-321	Operating Expenses	$	53,885,937	$	53,885,937	71460
GRF	055-405	Law-Related Education	$	193,402	$	194,183	71461
GRF	055-406	Community Police Match and Law Enforcement Assistance	$	2,258,843	$	2,258,843	71462
GRF	055-411	County Sheriffs	$	731,879	$	736,929	71463
GRF	055-415	County Prosecutors	$	717,182	$	723,490	71464
TOTAL GRF General Revenue Fund			$	57,787,243	$	57,799,382	71465

General Services Fund Group

71466

106	055-612	General Reimbursement	$	18,870,196	$	18,870,196	71467
107	055-624	Employment Services	$	984,396	$	984,396	71468
195	055-660	Workers' Compensation Section	$	7,769,628	$	7,769,628	71469
4Y7	055-608	Title Defect Rescission	$	570,623	$	570,623	71470
4Z2	055-609	BCI Asset Forfeiture and Cost Reimbursement	$	332,109	$	332,109	71471
418	055-615	Charitable Foundations	$	1,899,066	$	1,899,066	71472
420	055-603	Attorney General Antitrust	$	446,449	$	446,449	71473
421	055-617	Police Officers' Training Academy Fee	$	1,193,213	$	1,193,213	71474
5A9	055-618	Telemarketing Fraud Enforcement	$	52,378	$	52,378	71475
590	055-633	Peace Officer Private Security Fund	$	98,370	$	98,370	71476
629	055-636	Corrupt Activity Investigation and Prosecution	$	108,230	$	108,230	71477
631	055-637	Consumer Protection Enforcement	$	1,373,832	$	1,373,832	71478
TOTAL GSF General Services Fund							71479
Group			$	33,698,490	$	33,698,490	71480

Federal Special Revenue Fund Group

71481

3E5	055-638	Anti-Drug Abuse	$	1,923,400	$	1,981,102	71482
3R6	055-613	Attorney General Federal Funds	$	3,730,191	$	3,842,097	71483
306	055-620	Medicaid Fraud Control	$	2,882,970	$	2,969,459	71484
381	055-611	Civil Rights Legal Service	$	390,815	$	390,815	71485
383	055-634	Crime Victims Assistance	$	17,561,250	$	18,439,313	71486
TOTAL FED Federal Special Revenue							71487
Fund Group			$	26,488,626	$	27,622,786	71488

State Special Revenue Fund Group

71489

4L6	055-606	DARE	$	3,927,962	$	3,927,962	71490
402	055-616	Victims of Crime	$	27,933,893	$	27,933,893	71491
417	055-621	Domestic Violence Shelter	$	14,492	$	14,492	71492
419	055-623	Claims Section	$	13,649,954	$	13,649,954	71493
659	055-641	Solid and Hazardous Waste Background Investigations	$	621,159	$	621,159	71494
TOTAL SSR State Special Revenue							71495
Fund Group			$	46,147,460	$	46,147,460	71496

Holding Account Redistribution Fund Group

71497

R03	055-629	Bingo License Refunds	$	5,200	$	5,200	71498
R04	055-631	General Holding Account	$	275,000	$	275,000	71499
R05	055-632	Antitrust Settlements	$	10,400	$	10,400	71500
R18	055-630	Consumer Frauds	$	750,000	$	750,000	71501
R42	055-601	Organized Crime Commission Account	$	200,000	$	200,000	71502
TOTAL 090 Holding Account							71503
Redistribution Fund Group			$	1,240,600	$	1,240,600	71504
TOTAL ALL BUDGET FUND GROUPS			$	165,362,419	$	166,508,718	71505

LAW-RELATED EDUCATION

71506

The foregoing appropriation item 055-405, Law-Related	71507
Education, shall be distributed directly to the Ohio Center for	71508
Law-Related Education for the purposes of providing continuing	71509
citizenship education activities to primary and secondary students	71510
and accessing additional public and private money for new	71511
programs.	71512

WORKERS' COMPENSATION SECTION

71513

The Workers' Compensation Section Fund (Fund 195) shall	71514
receive payments from the Bureau of Workers' Compensation and the	71515
Ohio Industrial Commission at the beginning of each quarter of	71516
each fiscal year to fund legal services to be provided to the	71517
Bureau of Workers' Compensation and the Ohio Industrial Commission	71518
during the ensuing quarter. Such advance payment shall be subject	71519
to adjustment.	71520

In addition, the Bureau of Workers' Compensation shall	71521
transfer payments at the beginning of each quarter for the support	71522
of the Workers' Compensation Fraud Unit.	71523

All amounts shall be mutually agreed upon by the Attorney	71524
General, the Bureau of Workers' Compensation, and the Ohio	71525
Industrial Commission.	71526

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

71527

The foregoing appropriation item 055-636, Corrupt Activity	71528
Investigation and Prosecution, shall be used as provided by	71529
division (D)(2) of section 2923.35 of the Revised Code to dispose	71530
of the proceeds, fines, and penalties credited to the Corrupt	71531
Activity Investigation and Prosecution Fund, which is created in	71532
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	71533
is determined that additional amounts are necessary, the amounts	71534
are hereby appropriated.	71535

COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE

71536

In fiscal years 2004 and 2005, the Attorney General's Office	71537
may request the Director of Budget and Management to transfer	71538
appropriation authority from appropriation item 055-321, Operating	71539
Expenses, to appropriation item 055-406, Community Police Match	71540
and Law Enforcement Assistance. The Director of Budget and	71541
Management shall then transfer appropriation authority from	71542
appropriation item 055-321, Operating Expenses, to appropriation	71543
item 055-406, Community Police Match and Law Enforcement	71544
Assistance. Moneys transferred to appropriation item 055-406,	71545
Community Police Match and Law Enforcement Assistance, shall be	71546
used to pay operating expenses and to provide grants to local law	71547
enforcement agencies and communities for the purpose of supporting	71548
law enforcement-related activities.	71549

Section 21. AUD AUDITOR OF STATE

71550

General Revenue Fund

71551

GRF	070-321	Operating Expenses	$	30,813,217	$	30,813,217	71552
GRF	070-403	Fiscal Watch/Emergency Technical Assistance	$	750,000	$	950,000	71553
GRF	070-405	Electronic Data Processing - Auditing and Administration	$	823,193	$	823,193	71554
GRF	070-406	Uniform Accounting Network/Technology Improvements Fund	$	1,774,394	$	1,774,394	71555
TOTAL GRF General Revenue Fund			$	34,160,804	$	34,360,804	71556

General Services Fund Group

71557

109	070-601	Public Audit Expense - Intra-State	$	10,592,547	$	11,651,800	71558
422	070-601	Public Audit Expense - Local Government	$	37,617,072	$	39,497,925	71559
584	070-603	Training Program	$	124,999	$	131,250	71560
675	070-605	Uniform Accounting Network	$	3,015,760	$	3,317,336	71561
TOTAL GSF General Services Fund							71562
Group			$	51,350,378	$	54,598,311	71563

Holding Account Redistribution Fund Group

71564

R06	070-604	Continuous Receipts	$	50,000	$	60,000	71565
TOTAL 090 Holding Account							71566
Redistribution Fund Group			$	50,000	$	60,000	71567
TOTAL ALL BUDGET FUND GROUPS			$	85,561,182	$	89,019,115	71568

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

71569

The foregoing appropriation item 070-403, Fiscal	71570
Watch/Emergency Technical Assistance, shall be used for all	71571
expenses incurred by the Office of the Auditor of State in its	71572
role relating to fiscal watch or fiscal emergency activities under	71573
Chapters 118. and 3316. of the Revised Code. Expenses include, but	71574
are not limited to, the following: duties related to the	71575
determination or termination of fiscal watch or fiscal emergency	71576
of municipal corporations, counties, or townships as outlined in	71577
Chapter 118. of the Revised Code and of school districts as	71578
outlined in Chapter 3316. of the Revised Code; development of	71579
preliminary accounting reports; performance of annual forecasts;	71580
provision of performance audits; and supervisory, accounting, or	71581
auditing services for the mentioned public entities and school	71582
districts. The unencumbered balance of appropriation item 070-403,	71583
Fiscal Watch/Emergency Technical Assistance, at the end of fiscal	71584
year 2004 is transferred to fiscal year 2005 for use under the	71585
same appropriation item.	71586

ELECTRONIC DATA PROCESSING

71587

The unencumbered balance of appropriation item 070-405,	71588
Electronic Data Processing - Auditing and Administration, at the	71589
end of fiscal year 2004 is transferred to fiscal year 2005 for use	71590
under the same appropriation item.	71591

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND

71592

The foregoing appropriation item 070-406, Uniform Accounting	71593
Network/Technology Improvements Fund, shall be used to pay the	71594
costs of developing and implementing the Uniform Accounting	71595
Network and technology improvements for the Office of the Auditor	71596
of State. The unencumbered balance of the appropriation at the end	71597
of fiscal year 2004 is transferred to fiscal year 2005 to pay the	71598
costs of developing and implementing the Uniform Accounting	71599
Network and technology improvements for the Office of the Auditor	71600
of State.	71601

Section 22. BRB BOARD OF BARBER EXAMINERS

71602

General Services Fund Group

71603

4K9	877-609	Operating Expenses	$	535,853	$	555,037	71604
TOTAL GSF General Services Fund							71605
Group			$	535,853	$	555,037	71606
TOTAL ALL BUDGET FUND GROUPS			$	535,853	$	555,037	71607

Section 23. OBM OFFICE OF BUDGET AND MANAGEMENT

71609

General Revenue Fund

71610

GRF	042-321	Budget Development and Implementation	$	3,092,469	$	2,405,243	71611
GRF	042-409	Commission Closures	$	95,000	$	0	71612
GRF	042-410	National Association Dues	$	27,089	$	27,902	71613
GRF	042-412	Audit of Auditor of State	$	62,110	$	55,760	71614
TOTAL GRF General Revenue Fund			$	3,276,668	$	2,488,905	71615

General Services Fund Group

71616

105	042-603		State Accounting		$	9,131,651		$	9,375,862		71617
TOTAL GSF General Services Fund Group					$	9,131,651		$	9,375,862		71618

State Special Revenue Fund Group

71619

5N4	042-602	OAKS Project Implementation	$	2,062,875	$	2,069,125	71620
TOTAL SSR State Special Revenue Fund Group			$	2,062,875	$	2,069,125	71621
TOTAL ALL BUDGET FUND GROUPS			$	14,471,194	$	13,933,892	71622

AUDIT COSTS

71623

Of the foregoing appropriation item 042-603, State	71624
Accounting, not more than $400,000 in fiscal year 2004 and	71625
$415,000 in fiscal year 2005 shall be used to pay for centralized	71626
audit costs associated with either Single Audit Schedules or	71627
financial statements prepared in conformance with generally	71628
accepted accounting principles for the state.	71629

Section 24. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

71630

General Revenue Fund

71631

GRF	874-100	Personal Services	$	2,031,400	$	2,051,400	71632
GRF	874-320	Maintenance and Equipment	$	1,022,262	$	982,929	71633
TOTAL GRF General Revenue Fund			$	3,053,662	$	3,034,329	71634

General Services Fund Group

71635

4G5	874-603	Capitol Square Maintenance Expenses	$	15,000	$	15,000	71636
4S7	874-602	Statehouse Gift Shop/Events	$	770,484	$	770,484	71637
TOTAL GSF General Services							71638
Fund Group			$	785,484	$	785,484	71639

Underground Parking Garage

71640

208	874-601	Underground Parking Garage Operating	$	2,996,801	$	2,959,721	71641
TOTAL UPG Underground Parking							71642
Garage			$	2,996,801	$	2,959,721	71643
TOTAL ALL BUDGET FUND GROUPS			$	6,835,947	$	6,779,534	71644

Section 25. SCR STATE BOARD OF CAREER COLLEGES AND SCHOOLS

71646

General Services Fund Group

71647

4K9	233-601	Operating Expenses	$	404,025	$	431,525	71648
TOTAL GSF General Services Fund Group			$	404,025	$	431,525	71649
TOTAL ALL BUDGET FUND GROUPS			$	404,025	$	431,525	71650

Section 26. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

71652

General Services Fund Group

71653

4K9	930-609	Operating Expenses	$	225,000	$	450,000	71654
TOTAL GSF General Services Fund Group			$	225,000	$	450,000	71655
TOTAL ALL BUDGET FUND GROUPS			$	225,000	$	450,000	71656

Notwithstanding any other law to the contrary, upon	71657
certification by the Director of Administrative Services, the	71658
Director of Budget and Management may transfer cash in an amount	71659
not to exceed the fiscal year 2004 appropriation from Fund 5P1	71660
(Credentialing Fund) to Fund 4K9 (Occupational Licensing). The	71661
amount transferred is hereby appropriated. The cash shall be used	71662
to pay expenses related to establishing the Chemical Dependency	71663
Professionals Board, including, but not limited to, travel	71664
reimbursement of board members.	71665

Upon completion of the transition of the Department of	71666
Alcohol and Drug Addiction's certificates and credentials issuance	71667
program to the Chemical Dependency Professionals Board, the	71668
Director of Alcohol and Drug Addiction Services shall certify to	71669
the Director of Budget and Management the remaining cash in Fund	71670
5P1 (Credentialing Fund). The Director of Budget and Management	71671
shall transfer the certified balance from Fund 5P1 to Fund 4K9	71672
(Occupational Licensing). This transition shall be completed in	71673
accordance with Section 5 of Am. Sub. H.B. 496 of the 124th	71674
General Assembly.	71675

Section 27. CHR STATE CHIROPRACTIC BOARD

71676

General Services Fund Group

71677

4K9	878-609	Operating Expenses	$	591,724	$	591,724	71678
TOTAL GSF General Services Fund							71679
Group			$	591,724	$	591,724	71680
TOTAL ALL BUDGET FUND GROUPS			$	591,724	$	591,724	71681

Section 28. CIV OHIO CIVIL RIGHTS COMMISSION

71683

General Revenue Fund

71684

GRF	876-100	Personal Services	$	7,000,000	$	7,000,000	71685
GRF	876-200	Maintenance	$	400,000	$	400,000	71686
GRF	876-300	Equipment	$	91,298	$	91,298	71687
TOTAL GRF General Revenue Fund			$	7,491,298	$	7,491,298	71688

Federal Special Revenue Fund Group

71689

334	876-601	Federal Programs	$	3,965,000	$	3,790,000	71690
TOTAL FED Federal Special Revenue							71691
Fund Group			$	3,965,000	$	3,790,000	71692

State Special Revenue Fund Group

71693

217	876-604	General Reimbursement	$	20,951	$	20,951	71694
TOTAL SSR State Special							71695
Revenue Fund Group			$	20,951	$	20,951	71696
TOTAL ALL BUDGET FUND GROUPS			$	11,477,249	$	11,302,249	71697

Section 29. COM DEPARTMENT OF COMMERCE

71699

General Revenue Fund

71700

GRF	800-402	Grants-Volunteer Fire Departments	$	647,953	$	647,953	71701
GRF	800-410	Labor and Worker Safety	$	3,700,040	$	3,725,040	71702
Total GRF General Revenue Fund			$	4,347,993	$	4,372,993	71703

General Services Fund Group

71704

163	800-620	Division of Administration	$	3,385,803	$	3,490,056	71705
163	800-637	Information Technology	$	2,753,299	$	2,772,924	71706
5F1	800-635	Small Government Fire Departments	$	250,000	$	250,000	71707
TOTAL GSF General Services Fund							71708
Group			$	6,389,102	$	6,512,980	71709

Federal Special Revenue Fund Group

71710

348	800-622	Underground Storage Tanks	$	195,008	$	195,008	71711
348	800-624	Leaking Underground Storage Tanks	$	1,850,000	$	1,850,000	71712
349	800-626	OSHA Enforcement	$	1,527,750	$	1,604,140	71713
TOTAL FED Federal Special Revenue							71714
Fund Group			$	3,572,758	$	3,649,148	71715

State Special Revenue Fund Group

71716

4B2	800-631	Real Estate Appraisal Recovery	$	60,000	$	60,000	71717
4H9	800-608	Cemeteries	$	273,465	$	273,465	71718
4L5	800-609	Fireworks Training and Education	$	10,976	$	10,976	71719
4X2	800-619	Financial Institutions	$	2,020,798	$	2,200,843	71720
5B9	800-632	PI & Security Guard Provider	$	1,188,716	$	1,188,716	71721
5K7	800-621	Penalty Enforcement	$	50,000	$	50,000	71722
543	800-602	Unclaimed Funds-Operating	$	7,051,051	$	7,051,051	71723
543	800-625	Unclaimed Funds-Claims	$	25,512,867	$	25,512,867	71724
544	800-612	Banks	$	6,657,997	$	6,657,997	71725
545	800-613	Savings Institutions	$	2,765,618	$	2,894,330	71726
546	800-610	Fire Marshal	$	11,723,994	$	11,787,994	71727
547	800-603	Real Estate Education/Research	$	250,000	$	250,000	71728
548	800-611	Real Estate Recovery	$	100,000	$	100,000	71729
549	800-614	Real Estate	$	3,586,754	$	3,705,892	71730
550	800-617	Securities	$	4,600,000	$	4,800,000	71731
552	800-604	Credit Union	$	2,613,356	$	2,751,852	71732
553	800-607	Consumer Finance	$	3,764,279	$	3,735,445	71733
556	800-615	Industrial Compliance	$	24,627,687	$	25,037,257	71734
6A4	800-630	Real Estate Appraiser-Operating	$	658,506	$	664,006	71735
653	800-629	UST Registration/Permit Fee	$	1,353,632	$	1,249,632	71736
TOTAL SSR State Special Revenue							71737
Fund Group			$	98,869,696	$	99,982,323	71738

Liquor Control Fund Group

71739

043	800-601	Merchandising	$	341,079,554	$	353,892,432	71740
043	800-627	Liquor Control Operating	$	17,248,488	$	15,981,346	71741
043	800-633	Economic Development Debt Service	$	23,277,500	$	29,029,500	71742
043	800-636	Revitalization Debt Service	$	4,747,800	$	9,736,300	71743
TOTAL LCF Liquor Control							71744
Fund Group			$	386,353,342	$	408,639,578	71745
TOTAL ALL BUDGET FUND GROUPS			$	499,532,891	$	523,157,022	71746

GRANTS-VOLUNTEER FIRE DEPARTMENTS

71747

The foregoing appropriation item 800-402, Grants-Volunteer	71748
Fire Departments, shall be used to make annual grants to volunteer	71749
fire departments of up to $10,000, or up to $25,000 if the	71750
volunteer fire department provides service for an area affected by	71751
a natural disaster. The grant program shall be administered by the	71752
Fire Marshal under the Department of Commerce. The Fire Marshal	71753
shall adopt rules necessary for the administration and operation	71754
of the grant program.	71755

LABOR AND WORKER SAFETY

71756

The Department of Commerce may designate a portion of	71757
appropriation item 800-410, Labor and Worker Safety, to be used to	71758
match federal funding for the OSHA on-site consultation program.	71759

SMALL GOVERNMENT FIRE DEPARTMENTS

71760

Upon the request of the Director of Commerce, the Director of	71761
Budget and Management shall transfer $250,000 cash in each fiscal	71762
year from the State Fire Marshal Fund (Fund 546) within the State	71763
Special Revenue Fund Group to the Small Government Fire	71764
Departments Fund (Fund 5F1) within the General Services Fund	71765
Group.	71766

Notwithstanding section 3737.17 of the Revised Code, the	71767
foregoing appropriation item 800-635, Small Government Fire	71768
Departments, may be used to provide loans to private fire	71769
departments.	71770

PENALTY ENFORCEMENT

71771

The foregoing appropriation item 800-621, Penalty	71772
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	71773
of the Revised Code.	71774

UNCLAIMED FUNDS PAYMENTS

71775

The foregoing appropriation item 800-625, Unclaimed	71776
Funds-Claims, shall be used to pay claims pursuant to section	71777
169.08 of the Revised Code. If it is determined that additional	71778
amounts are necessary, the amounts are hereby appropriated.	71779

BANKS FUND (FUND 544) TRANSFER TO THE GRF

71780

On July 31, 2003, or as soon as possible thereafter, the	71781
Director of Budget and Management may transfer up to $2,000,000	71782
cash from the Banks Fund (Fund 544) to the General Revenue Fund.	71783

FIRE MARSHAL FUND (FUND 546) TRANSFER TO THE GRF

71784

On July 31, 2003, or as soon as possible thereafter, the	71785
Director of Budget and Management may transfer up to $10,000,000	71786
cash from the Fire Marshal Fund (Fund 546) to the General Revenue	71787
Fund.	71788

REAL ESTATE FUND (FUND 549) TRANSFER TO THE GRF

71789

On July 31, 2003, or as soon as possible thereafter, the	71790
Director of Budget and Management may transfer up to $1,000,000	71791
cash from the Real Estate Fund (Fund 549) to the General Revenue	71792
Fund.	71793

INDUSTRIAL COMPLIANCE FUND (FUND 556) TRANSFER TO THE GRF

71794

On July 31, 2003, or as soon as possible thereafter, the	71795
Director of Budget and Management may transfer up to $1,000,000	71796
cash from the Industrial Compliance Fund (Fund 556), to the	71797
General Revenue Fund.	71798

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

71799

The foregoing appropriation item 800-601, Merchandising,	71800
shall be used pursuant to section 4301.12 of the Revised Code. If	71801
it is determined that additional amounts are necessary, the	71802
amounts are hereby appropriated.	71803

ECONOMIC DEVELOPMENT DEBT SERVICE

71804

The foregoing appropriation item 800-633, Economic	71805
Development Debt Service, shall be used to meet all payments at	71806
the times they are required to be made during the period from July	71807
1, 2003, to June 30, 2005, for bond service charges on obligations	71808
issued under Chapter 166. of the Revised Code. If it is determined	71809
that additional appropriations are necessary for this purpose,	71810
such amounts are hereby appropriated, subject to the limitations	71811
set forth in section 166.11 of the Revised Code. The General	71812
Assembly acknowledges that an appropriation for this purpose is	71813
not required, but is made in this form and in this act for record	71814
purposes only.	71815

REVITALIZATION DEBT SERVICE

71816

The foregoing appropriation item 800-636, Revitalization Debt	71817
Service, shall be used to pay debt service and related financing	71818
costs under sections 151.01 and 151.40 of the Revised Code during	71819
the period from July 1, 2003, to June 30, 2005. If it is	71820
determined that additional appropriations are necessary for this	71821
purpose, such amounts are hereby appropriated. The General	71822
Assembly acknowledges the priority of the pledge of a portion of	71823
receipts from that source to obligations issued and to be issued	71824
under Chapter 166. of the Revised Code.	71825

ADMINISTRATIVE ASSESSMENTS

71826

Notwithstanding any other provision of law to the contrary,	71827
Fund 163, Division of Administration, shall receive assessments	71828
from all operating funds of the department in accordance with	71829
procedures prescribed by the Director of Commerce and approved by	71830
the Director of Budget and Management.	71831

Section 30. OCC OFFICE OF CONSUMERS' COUNSEL

71832

General Services Fund Group

71833

5F5	053-601	Operating Expenses	$	9,277,519	$	9,277,519	71834
TOTAL GSF General Services Fund Group			$	9,277,519	$	9,277,519	71835
TOTAL ALL BUDGET FUND GROUPS			$	9,277,519	$	9,277,519	71836

Section 31. CEB CONTROLLING BOARD

71838

General Revenue Fund

71839

GRF	911-401	Emergency Purposes/Contingencies	$	5,000,000	$	5,000,000	71840
GRF	911-404	Mandate Assistance	$	1,462,500	$	1,462,500	71841
GRF	911-441	Ballot Advertising Costs	$	887,500	$	487,500	71842
TOTAL GRF General Revenue Fund			$	7,350,000	$	6,950,000	71843

State Special Revenue Fund Group

71844

5E2	911-601	Disaster Services	$	4,000,000	$	0	71845
TOTAL SSR State Special							71846
Revenue Fund Group			$	4,000,000	$	0	71847
TOTAL ALL BUDGET FUND GROUPS			$	11,350,000	$	6,950,000	71848

FEDERAL SHARE

71849

In transferring appropriations to or from appropriation items	71850
that have federal shares identified in this act, the Controlling	71851
Board shall add or subtract corresponding amounts of federal	71852
matching funds at the percentages indicated by the state and	71853
federal division of the appropriations in this act. Such changes	71854
are hereby appropriated.	71855

DISASTER ASSISTANCE

71856

Pursuant to requests submitted by the Department of Public	71857
Safety, the Controlling Board may approve transfers from the	71858
Emergency Purposes Fund to a Department of Public Safety General	71859
Revenue Fund appropriation item to provide funding for assistance	71860
to political subdivisions made necessary by natural disasters or	71861
emergencies. Such transfers may be requested and approved prior to	71862
the occurrence of any specific natural disasters or emergencies in	71863
order to facilitate the provision of timely assistance.	71864

SOUTHERN OHIO CORRECTIONAL FACILITY COST

71865

The Office of Criminal Justice Services and the Public	71866
Defender Commission may each request, upon approval of the	71867
Director of Budget and Management, additional funds from the	71868
Emergency Purposes Fund for costs related to the disturbance that	71869
occurred on April 11, 1993, at the Southern Ohio Correctional	71870
Facility in Lucasville, Ohio.	71871

DISASTER SERVICES

71872

Pursuant to requests submitted by the Department of Public	71873
Safety, the Controlling Board may approve transfers from the	71874
foregoing appropriation item 911-601, Disaster Services, to a	71875
Department of Public Safety General Revenue Fund appropriation	71876
item to provide for assistance to political subdivisions made	71877
necessary by natural disasters or emergencies. These transfers may	71878
be requested and approved prior to the occurrence of any specific	71879
natural disasters or emergencies in order to facilitate the	71880
provision of timely assistance. The Emergency Management Agency of	71881
the Department of Public Safety shall use the funding for disaster	71882
aid requests that meet the Emergency Management Agency's criteria	71883
for assistance.	71884

The foregoing appropriation item 911-601, Disaster Services,	71885
shall be used by the Controlling Board, pursuant to requests	71886
submitted by state agencies, to transfer cash and appropriation	71887
authority to any fund and appropriation item for the payment of	71888
state agency program expenses as follows:	71889

(A) The southern Ohio flooding, referred to as	71890
FEMA-DR-1164-OH;	71891

(B) The flood/storm disaster referred to as FEMA-DR-1227-OH;

71892

(C) The Southern Ohio flooding, referred to as	71893
FEMA-DR-1321-OH;	71894

(D) The flooding referred to as FEMA-DR-1339-OH;

71895

(E) The tornado/storms referred to as FEMA-DR-1343-OH;

71896

(F) Other disasters declared by the Governor, if the Director	71897
of Budget and Management determines that sufficient funds exist	71898
beyond the expected program costs of these disasters.	71899

The unencumbered balance of appropriation item 911-601,	71900
Disaster Services, at the end of fiscal year 2004 is transferred	71901
to fiscal year 2005 for use under the same appropriation item.	71902

MANDATE ASSISTANCE

71903

(A) The foregoing appropriation item 911-404, Mandate	71904
Assistance, shall be used to provide financial assistance to local	71905
units of government, school districts, and fire departments for	71906
the cost of the following three unfunded state mandates:	71907

(1) The cost to county prosecutors for prosecuting certain	71908
felonies that occur on the grounds of state institutions operated	71909
by the Department of Rehabilitation and Correction and the	71910
Department of Youth Services;	71911

(2) The cost, primarily to small villages and townships, of	71912
providing firefighter training and equipment or gear;	71913

(3) The cost to school districts of in-service training for	71914
child abuse detection.	71915

(B) The Department of Commerce, the Office of Criminal	71916
Justice Services, and the Department of Education may prepare and	71917
submit to the Controlling Board one or more requests to transfer	71918
appropriations from appropriation item 911-404, Mandate	71919
Assistance. The state agencies charged with this administrative	71920
responsibility are listed below, as well as the estimated annual	71921
amounts that may be used for each program of state financial	71922
assistance.	71923

		ADMINISTERING		ESTIMATED ANNUAL		71924
PROGRAM		AGENCY		AMOUNT		71925

Prosecution Costs	Office of Criminal	$146,500	71926
	Justice Services		71927
Firefighter Training Costs	Department of Commerce	$731,000	71928
Child Abuse Detection Training Costs	Department of Education	$585,000	71929

(C) Subject to the total amount appropriated in each fiscal	71930
year for appropriation item 911-404, Mandate Assistance, the	71931
Department of Commerce, the Office of Criminal Justice Services,	71932
and the Department of Education may request from the Controlling	71933
Board that amounts smaller or larger than these estimated annual	71934
amounts be transferred to each program.	71935

(D) In addition to making the initial transfers requested by	71936
the Department of Commerce, the Office of Criminal Justice	71937
Services, and the Department of Education, the Controlling Board	71938
may transfer appropriations received by a state agency under this	71939
section back to appropriation item 911-404, Mandate Assistance, or	71940
to one or more of the other programs of state financial assistance	71941
identified under this section.	71942

(E) It is expected that not all costs incurred by local units	71943
of government, school districts, and fire departments under each	71944
of the three programs of state financial assistance identified	71945
under this section will be fully reimbursed by the state.	71946
Reimbursement levels may vary by program and shall be based on:	71947
the relationship between the appropriation transfers requested by	71948
the Department of Commerce, the Office of Criminal Justice	71949
Services, and the Department of Education and provided by the	71950
Controlling Board for each of the programs; the rules and	71951
procedures established for each program by the administering state	71952
agency; and the actual costs incurred by local units of	71953
government, school districts, and fire departments.	71954

(F) Each of these programs of state financial assistance	71955
shall be carried out as follows:	71956

(1) PROSECUTION COSTS

71957

(a) Appropriations may be transferred to the Office of	71958
Criminal Justice Services to cover local prosecution costs for	71959
aggravated murder, murder, felonies of the first degree, and	71960
felonies of the second degree that occur on the grounds of	71961
institutions operated by the Department of Rehabilitation and	71962
Correction and the Department of Youth Services.	71963

(b) Upon a delinquency filing in juvenile court or the return	71964
of an indictment for aggravated murder, murder, or any felony of	71965
the first or second degree that was committed at a Department of	71966
Youth Services or a Department of Rehabilitation and Correction	71967
institution, the affected county may, in accordance with rules	71968
that the Office of Criminal Justice Services shall adopt, apply to	71969
the Office of Criminal Justice Services for a grant to cover all	71970
documented costs that are incurred by the county prosecutor's	71971
office.	71972

(c) Twice each year, the Office of Criminal Justice Services	71973
shall designate counties to receive grants from those counties	71974
that have submitted one or more applications in compliance with	71975
the rules that have been adopted by the Office of Criminal Justice	71976
Services for the receipt of such grants. In each year's first	71977
round of grant awards, if sufficient appropriations have been	71978
made, up to a total of $100,000 may be awarded. In each year's	71979
second round of grant awards, the remaining appropriations	71980
available for this purpose may be awarded.	71981

(d) If for a given round of grants there are insufficient	71982
appropriations to make grant awards to all the eligible counties,	71983
the first priority shall be given to counties with cases involving	71984
aggravated murder and murder; second priority shall be given to	71985
cases involving a felony of the first degree; and third priority	71986
shall be given to cases involving a felony of the second degree.	71987
Within these priorities, the grant awards shall be based on the	71988
order in which the applications were received, except that	71989
applications for cases involving a felony of the first or second	71990
degree shall not be considered in more than two consecutive rounds	71991
of grant awards.	71992

(2) FIREFIGHTER TRAINING COSTS

71993

Appropriations may be transferred to the Department of	71994
Commerce for use as full or partial reimbursement to local units	71995
of government and fire departments for the cost of firefighter	71996
training and equipment or gear. In accordance with rules that the	71997
department shall adopt, a local unit of government or fire	71998
department may apply to the department for a grant to cover all	71999
documented costs that are incurred to provide firefighter training	72000
and equipment or gear. The department shall make grants within the	72001
limits of the funding provided, with priority given to fire	72002
departments that serve small villages and townships.	72003

(3) CHILD ABUSE DETECTION TRAINING COSTS

72004

Appropriations may be transferred to the Department of	72005
Education for disbursement to local school districts as full or	72006
partial reimbursement for the cost of providing in-service	72007
training for child abuse detection. In accordance with rules that	72008
the department shall adopt, a local school district may apply to	72009
the department for a grant to cover all documented costs that are	72010
incurred to provide in-service training for child abuse detection.	72011
The department shall make grants within the limits of the funding	72012
provided.	72013

(G) Any moneys allocated within appropriation item 911-404,	72014
Mandate Assistance, not fully utilized may, upon application of	72015
the Ohio Public Defender Commission, and with the approval of the	72016
Controlling Board, be disbursed to boards of county commissioners	72017
to provide additional reimbursement for the costs incurred by	72018
counties in providing defense to indigent defendants pursuant to	72019
Chapter 120. of the Revised Code.	72020

The amount to be disbursed to each county shall be allocated	72021
proportionately on the basis of the total amount of reimbursement	72022
paid to each county as a percentage of the amount of reimbursement	72023
paid to all of the counties during the most recent state fiscal	72024
year for which data is available and as calculated by the Ohio	72025
Public Defender Commission.	72026

BALLOT ADVERTISING COSTS

72027

Pursuant to requests submitted by the Ohio Ballot Board, the	72028
Controlling Board shall approve transfers from the foregoing	72029
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	72030
Ballot Board appropriation item in order to reimburse county	72031
boards of elections for the cost of public notices associated with	72032
statewide ballot initiatives.	72033

Of the foregoing appropriation item 911-441, Ballot	72034
Advertising Costs, the Director of Budget and Management shall	72035
transfer any amounts that are not needed for the purpose of	72036
reimbursing county boards of elections for the cost of public	72037
notices associated with statewide ballot initiatives to	72038
appropriation item 911-404, Mandate Assistance.	72039

Section 32. COS STATE BOARD OF COSMETOLOGY

72040

General Services Fund Group

72041

4K9	879-609	Operating Expenses	$	2,681,359	$	2,822,359	72042
TOTAL GSF General Services Fund							72043
Group			$	2,681,359	$	2,822,359	72044
TOTAL ALL BUDGET FUND GROUPS			$	2,681,359	$	2,822,359	72045

Section 33. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE AND	72047
FAMILY THERAPIST BOARD	72048

General Services Fund Group

72049

4K9	899-609	Operating Expenses	$	1,021,524	$	1,044,812	72050
TOTAL GSF General Services Fund							72051
Group			$	1,021,524	$	1,044,812	72052
TOTAL ALL BUDGET FUND GROUPS			$	1,021,524	$	1,044,812	72053

Section 34. CLA COURT OF CLAIMS

72055

General Revenue Fund

72056

GRF	015-321		Operating Expenses		$	2,452,000		$	2,477,000		72057
TOTAL GRF General Revenue Fund					$	2,452,000		$	2,477,000		72058

State Special Revenue Fund Group

72059

5K2	015-603	CLA Victims of Crime	$	1,532,043	$	1,582,684	72060
TOTAL SSR State Special Revenue							72061
Fund Group			$	1,532,043	$	1,582,684	72062
TOTAL ALL BUDGET FUND GROUPS			$	3,984,043	$	4,059,684	72063

OFFICE SPACE RENTAL EXPENSES

72064

Of the foregoing appropriation item 015-321, Operating	72065
Expenses, in fiscal year 2005, $302,000 shall be for the purpose	72066
of paying fiscal year 2005 office space rental expenses. Upon	72067
approval of the Controlling Board, the Court of Claims may expend	72068
up to $302,000 for the purpose of paying fiscal year 2005 office	72069
space rental expenses.	72070

Section 35. CJS OFFICE OF CRIMINAL JUSTICE SERVICES

72071

General Revenue Fund

72072

GRF	196-401	Criminal Justice Information System	$	534,570	$	520,503	72073
GRF	196-403	Center for Violence Prevention	$	20,000	$	20,000	72074
GRF	196-405	Violence Prevention Subsidy	$	707,076	$	688,469	72075
GRF	196-424	Operating Expenses	$	1,181,371	$	1,177,971	72076
TOTAL GRF General Revenue Fund			$	2,443,017	$	2,406,943	72077

General Services Fund Group

72078

4P6	196-601		General Services		$	135,450		$	86,500		72079
TOTAL GSF Services Fund Group					$	135,450		$	86,500		72080

Federal Special Revenue Fund Group

72081

3L5	196-604	Justice Program	$	30,334,908	$	30,311,870	72082
3U1	196-602	Criminal Justice Federal Programs	$	1,000,000	$	0	72083
3V8	196-605	Federal Program Purposes FFY 01	$	250,000	$	0	72084
TOTAL FED Federal Special Revenue Fund Group			$	31,584,908	$	30,311,870	72085
TOTAL ALL BUDGET FUND GROUPS			$	34,163,375	$	32,805,313	72086

INDIGENT DEFENSE

72087

The Office of Criminal Justice Services shall make all	72088
efforts to maximize the amount of funding available for the	72089
defense of indigent persons.	72090

CRIMINAL JUSTICE INFORMATION SYSTEM

72091

The foregoing appropriation item 196-401, Criminal Justice	72092
Information System, shall be used by the Office of Criminal	72093
Justice Services to work on a plan to improve Ohio's criminal	72094
justice information systems. The Director of Criminal Justice	72095
Services shall evaluate the progress of this plan and issue a	72096
report to the Governor, the Speaker and the Minority Leader of the	72097
House of Representatives, the President and the Minority Leader of	72098
the Senate, the Criminal Justice Policy Board, and the Legislative	72099
Service Commission by the first day of January of each year of the	72100
two-year biennium beginning July 1, 2003, and ending June 30,	72101
2005.	72102

VIOLENCE PREVENTION SUBSIDY

72103

Of the foregoing appropriation item 196-405, Violence	72104
Prevention Subsidy, $60,000 in fiscal year 2004 shall be used for	72105
Montgomery County's STVM Safe House Domestic Transitional Housing.	72106

OPERATING EXPENSES

72107

Of the foregoing appropriation item 196-424, Operating	72108
Expenses, up to $650,000 in each fiscal year shall be used for the	72109
purpose of matching federal funds.	72110

JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT

72111

The foregoing appropriation item 196-602, Criminal Justice	72112
Federal Programs, shall be used to fund and close out the Juvenile	72113
Accountability Incentive Block Grant Program for federal fiscal	72114
year 1999.	72115

Section 36. DEN STATE DENTAL BOARD

72116

General Services Fund Group

72117

4K9	880-609	Operating Expenses	$	1,324,456	$	1,346,656	72118
TOTAL GSF General Services Fund							72119
Group			$	1,324,456	$	1,346,656	72120
TOTAL ALL BUDGET FUND GROUPS			$	1,324,456	$	1,346,656	72121

Section 37. BDP BOARD OF DEPOSIT

72123

General Services Fund Group

72124

4M2	974-601	Board of Deposit	$	1,676,000	$	1,676,000	72125
TOTAL GSF General Services Fund							72126
Group			$	1,676,000	$	1,676,000	72127
TOTAL ALL BUDGET FUND GROUPS			$	1,676,000	$	1,676,000	72128

BOARD OF DEPOSIT EXPENSE FUND

72129

Upon receiving certification of expenses from the Treasurer	72130
of State, the Director of Budget and Management shall transfer	72131
cash from the Investment Earnings Redistribution Fund (Fund 608)	72132
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	72133
shall be used to pay for banking charges and fees required for the	72134
operation of the State of Ohio Regular Account.	72135

Section 38. DEV DEPARTMENT OF DEVELOPMENT

72136

General Revenue Fund

72137

GRF	195-321	Operating Expenses	$	2,695,236	$	3,020,115	72138
GRF	195-401	Thomas Edison Program	$	16,634,934	$	17,334,934	72139
GRF	195-404	Small Business Development	$	1,740,722	$	1,740,722	72140
GRF	195-405	Minority Business Development Division	$	1,620,755	$	1,669,378	72141
GRF	195-407	Travel and Tourism	$	6,049,345	$	7,049,345	72142
GRF	195-408	Coal Research Development	$	588,041	$	599,802	72143
GRF	195-410	Defense Conversion Assistance	$	2,500,000	$	0	72144
GRF	195-412	Business Development Grants	$	9,750,000	$	10,500,000	72145
GRF	195-414	First Frontier Match	$	389,987	$	389,987	72146
GRF	195-415	Economic Development Division and Regional Offices	$	6,394,975	$	6,394,975	72147
GRF	195-416	Governor's Office of Appalachia	$	4,372,324	$	4,372,324	72148
GRF	195-417	Urban/Rural Initiative	$	589,390	$	589,390	72149
GRF	195-422	Third Frontier Action Fund	$	18,000,000	$	20,685,000	72150
GRF	195-426	Clean Ohio Administration	$	518,730	$	518,730	72151
GRF	195-432	International Trade	$	4,492,713	$	4,492,713	72152
GRF	195-433	State Marketing Program	$	500,000	$	750,000	72153
GRF	195-434	Investment in Training Grants	$	12,227,500	$	12,227,500	72154
GRF	195-436	Labor/Management Cooperation	$	811,869	$	811,869	72155
GRF	195-497	CDBG Operating Match	$	1,107,400	$	1,107,400	72156
GRF	195-498	State Energy Match	$	100,000	$	100,000	72157
GRF	195-501	Appalachian Local Development Districts	$	380,080	$	380,080	72158
GRF	195-502	Appalachian Regional Commission Dues	$	238,274	$	246,803	72159
GRF	195-507	Travel and Tourism Grants	$	1,000,000	$	1,000,000	72160
GRF	195-515	Economic Development Contingency	$	10,000,000	$	10,000,000	72161
GRF	195-516	Shovel Ready Sites	$	2,500,000	$	2,500,000	72162
GRF	195-905	Third Frontier Research & Commercialization General Obligation Debt Service	$	0	$	7,360,000	72163
GRF	195-906	Coal Research/Development General Obligation Debt Service	$	7,231,200	$	9,185,100	72164
TOTAL GRF General Revenue Fund			$	112,433,475	$	125,026,167	72165

General Services Fund Group

72166

135	195-605	Supportive Services	$	7,417,068	$	7,539,686	72167
136	195-621	International Trade	$	24,915	$	24,915	72168
685	195-636	General Reimbursements	$	1,316,012	$	1,232,530	72169
TOTAL GSF General Services Fund							72170
Group			$	8,757,995	$	8,797,131	72171

Federal Special Revenue Fund Group

72172

3K8	195-613	Community Development Block Grant	$	65,000,000	$	65,000,000	72173
3K9	195-611	Home Energy Assistance Block Grant	$	85,036,000	$	85,036,000	72174
3K9	195-614	HEAP Weatherization	$	16,219,479	$	16,219,479	72175
3L0	195-612	Community Services Block Grant	$	25,235,000	$	25,235,000	72176
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	72177
308	195-602	Appalachian Regional Commission	$	350,200	$	350,200	72178
308	195-603	Housing and Urban Development	$	5,000,000	$	5,000,000	72179
308	195-605	Federal Projects	$	15,300,248	$	15,300,248	72180
308	195-609	Small Business Administration	$	4,196,381	$	4,296,381	72181
308	195-618	Energy Federal Grants	$	3,397,659	$	3,397,659	72182
335	195-610	Oil Overcharge	$	8,500,000	$	8,500,000	72183
380	195-622	Housing Development Operating	$	5,606,080	$	5,667,627	72184
TOTAL FED Federal Special Revenue							72185
Fund Group			$	273,841,047	$	274,002,594	72186

State Special Revenue Fund Group

72187

4F2	195-639	State Special Projects	$	540,183	$	290,183	72188
4H4	195-641	First Frontier	$	500,000	$	500,000	72189
4S0	195-630	Enterprise Zone Operating	$	211,900	$	211,900	72190
4S1	195-634	Job Creation Tax Credit Operating	$	375,800	$	375,800	72191
4W1	195-646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	72192
444	195-607	Water and Sewer Commission Loans	$	523,775	$	523,775	72193
445	195-617	Housing Finance Operating	$	5,040,843	$	4,983,738	72194
450	195-624	Minority Business Bonding Program Administration	$	13,563	$	13,563	72195
451	195-625	Economic Development Financing Operating	$	2,358,310	$	2,358,310	72196
5M4	195-659	Universal Service	$	170,000,000	$	170,000,000	72197
5M5	195-660	Energy Efficiency Revolving Loan	$	12,000,000	$	12,000,000	72198
611	195-631	Water and Sewer Administration	$	15,713	$	15,713	72199
617	195-654	Volume Cap Administration	$	200,000	$	200,000	72200
646	195-638	Low and Moderate Income Housing Trust Fund	$	40,000,000	$	40,000,000	72201
TOTAL SSR State Special Revenue							72202
Fund Group			$	234,360,684	$	234,053,579	72203

Facilities Establishment Fund Group

72204

037	195-615	Facilities Establishment	$	63,931,149	$	63,931,149	72205
4Z6	195-647	Rural Industrial Park Loan	$	5,000,000	$	5,000,000	72206
5D2	195-650	Urban Redevelopment Loans	$	10,475,000	$	10,475,000	72207
5H1	195-652	Family Farm Loan Guarantee	$	1,500,000	$	1,500,000	72208
5S8	195-627	Rural Development Initiative	$	5,000,000	$	5,000,000	72209
5S9	195-628	Capital Access Loan Program	$	3,000,000	$	3,000,000	72210
TOTAL 037 Facilities							72211
Establishment Fund Group			$	88,906,149	$	88,906,149	72212

Clean Ohio Revitalization Fund

72213

003	195-663		Clean Ohio Operating		$	150,000		$	150,000		72214
TOTAL 003 Clean Ohio Revitalization Fund					$	150,000		$	150,000		72215

Coal Research/Development Fund

72216

046	195-632	Coal Research & Development Fund	$	13,168,357	$	13,168,357	72217
TOTAL 046 Coal Research/Development Fund			$	13,168,357	$	13,168,357	72218
TOTAL ALL BUDGET FUND GROUPS			$	731,617,707	$	744,103,977	72219

Section 38.01. THOMAS EDISON PROGRAM

72221

The foregoing appropriation item 195-401, Thomas Edison	72222
Program, shall be used for the purposes of sections 122.28 to	72223
122.38 of the Revised Code in order to provide funds for	72224
cooperative public and private efforts in technological innovation	72225
to promote the development and transfer of technology by and to	72226
Ohio businesses that will lead to the creation of jobs, and to	72227
provide for the administration of this program by the Technology	72228
Division.	72229

Of the foregoing appropriation item 195-401, Thomas Edison	72230
Program, not more than $2,000,000 in fiscal year 2004 and	72231
$2,300,000 in fiscal year 2005 shall be used for operating	72232
expenditures in administering the programs of the Technology	72233
Division.	72234

Section 38.02. SMALL BUSINESS DEVELOPMENT

72235

The foregoing appropriation item 195-404, Small Business	72236
Development, shall be used to ensure that the unique needs and	72237
concerns of small businesses are addressed.	72238

The foregoing appropriation item 195-404, Small Business	72239
Development, may be used to provide grants to local organizations	72240
to support the operation of Small Business Development Centers and	72241
other local economic development activity promoting small	72242
business, and for the cost of administering the small business	72243
development center program. The centers shall provide technical,	72244
financial, and management consultation for small business and	72245
shall facilitate access to state and federal programs. These funds	72246
shall be used as matching funds for grants from the United States	72247
Small Business Administration and other federal agencies, pursuant	72248
to Public Law No. 96-302 (1980) as amended by Public Law No.	72249
98-395 (1984), and regulations and policy guidelines for the	72250
programs under this law.	72251

In addition, the Office of Small Business may operate the	72252
1st-Stop Business Connection and implement and coordinate the	72253
duties imposed on the Department of Development by Am. Sub. S.B.	72254
239 of the 115th General Assembly.	72255

MINORITY BUSINESS DEVELOPMENT DIVISION

72256

Of the foregoing appropriation item 195-405, Minority	72257
Business Development Division, up to $1,060,000 but not less than	72258
$954,000 in each fiscal year shall be used to fund minority	72259
contractors and business assistance organizations. The Minority	72260
Business Development Division shall determine which cities need	72261
minority contractors and business assistance organizations by	72262
utilizing United States Census Bureau data and zip codes to locate	72263
the highest concentrations of minority businesses. The Minority	72264
Business Development Division also shall determine the numbers of	72265
minority contractors and business assistance organizations	72266
necessary and the amount of funding to be provided each. In	72267
addition, the Minority Business Development Division shall	72268
continue to plan and implement business conferences.	72269

COAL RESEARCH DEVELOPMENT

72270

The foregoing appropriation item 195-408, Coal Research	72271
Development, shall be used for the administrative costs of the	72272
Coal Development Office within the Technology Division.	72273

Section 38.03. DEFENSE CONVERSION ASSISTANCE

72274

The foregoing appropriation item 195-410, Defense Conversion	72275
Assistance, shall be used to conduct a comprehensive study of the	72276
military installations in Ohio, including Wright Patterson Air	72277
Force Base, Springfield Air National Guard Base, and other Ohio	72278
military installations in the state, for the U.S. Department of	72279
Defense Base Relocation and Closures (BRAC) Study Committee to	72280
determine the economic importance of the bases.	72281

Section 38.04. BUSINESS DEVELOPMENT

72282

The foregoing appropriation item 195-412, Business	72283
Development Grants, shall be used as an incentive for attracting	72284
and retaining business opportunities for the state. Any such	72285
business opportunity, whether new, expanding, or relocating in	72286
Ohio, is eligible for funding. The project must create or retain a	72287
significant number of jobs for Ohioans. Grant awards may be	72288
considered only when (1) the project's viability hinges on an	72289
award of funds from appropriation item 195-412, Business	72290
Development Grants; (2) all other public or private sources of	72291
financing have been considered; or (3) the funds act as a catalyst	72292
for the infusion into the project of other financing sources.	72293

The department's primary goal shall be to award funds to	72294
political subdivisions of the state for off-site infrastructure	72295
improvements. In order to meet the particular needs of economic	72296
development in a region, the department may elect to award funds	72297
directly to a business for on-site infrastructure improvements.	72298
"Infrastructure improvements" mean improvements to water system	72299
facilities, sewer and sewage treatment facilities, electric or gas	72300
service facilities, fiber optic facilities, rail facilities, site	72301
preparation, and parking facilities. The Director of Development	72302
may recommend the funds be used in an alternative manner when	72303
deemed appropriate to meet an extraordinary economic development	72304
opportunity or need.	72305

The foregoing appropriation item 195-412, Business	72306
Development Grants, may be expended only after the submission of a	72307
request to the Controlling Board by the Department of Development	72308
outlining the planned use of the funds, and the subsequent	72309
approval of the request by the Controlling Board.	72310

The foregoing appropriation item 195-412, Business	72311
Development Grants, may be used for, but is not limited to,	72312
construction, rehabilitation, and acquisition projects for rail	72313
freight assistance as requested by the Department of	72314
Transportation. The Director of Transportation shall submit the	72315
proposed projects to the Director of Development for an evaluation	72316
of potential economic benefit.	72317

Section 38.05. FIRST FRONTIER MATCH

72318

The foregoing appropriation item 195-414, First Frontier	72319
Match, shall be used as matching funds to targeted counties for	72320
the purpose of marketing state, regional, and local	72321
characteristics that may attract economic development. "Targeted	72322
counties" mean counties that have a population of less than	72323
175,000 residents. The appropriation may be used either for	72324
marketing programs by individual targeted counties or for regional	72325
marketing campaigns that are marketing programs in which at least	72326
one targeted county is participating with one or more other	72327
targeted counties or larger counties.	72328

ECONOMIC DEVELOPMENT DIVISION AND REGIONAL OFFICES

72329

The foregoing appropriation item 195-415, Economic	72330
Development Division and Regional Offices, shall be used for the	72331
operating expenses of the Economic Development Division and the	72332
regional economic development offices and for grants for	72333
cooperative economic development ventures.	72334

Of the foregoing appropriation item 195-415, Economic	72335
Development Division and Regional Offices, up to $500,000 in	72336
fiscal year 2004 shall be used to support the Ohio Broadband	72337
Initiative.	72338

Section 38.06. GOVERNOR'S OFFICE OF APPALACHIA

72339

The foregoing appropriation item 195-416, Governor's Office	72340
of Appalachia, shall be used for the administrative costs of	72341
planning and liaison activities for the Governor's Office of	72342
Appalachia. Funds not expended for planning and liaison activities	72343
may be expended for special project grants within the Appalachian	72344
Region.	72345

Of the foregoing appropriation item 195-416, Governor's	72346
Office of Appalachia, up to $250,000 each fiscal year shall be	72347
used to match federal funds from the Appalachian Regional	72348
Commission to provide job training to impact the Appalachian	72349
Region.	72350

Of the foregoing appropriation item 195-416, Governor's	72351
Office of Appalachia, up to $4,372,324 in each fiscal year shall	72352
be used in conjunction with other federal and state funds to	72353
provide financial assistance to projects in Ohio's Appalachian	72354
counties in order to further the goals of the Appalachian Regional	72355
Commission. Such projects and project sponsors shall meet	72356
Appalachian Regional Commission eligibility requirements. Grants	72357
shall be administered by the Department of Development.	72358

URBAN/RURAL INITIATIVE

72359

The foregoing appropriation item 195-417, Urban/Rural	72360
Initiative, shall be used to make grants in accordance with	72361
sections 122.19 to 122.22 of the Ohio Revised Code.	72362

Section 38.07. THIRD FRONTIER ACTION FUND

72363

The foregoing appropriation item 195-422, Third Frontier	72364
Action Fund, shall be used to make grants in accordance with	72365
sections 184.01 and 184.02 of the Revised Code. Prior to the	72366
release of funds from appropriation item 195-422, Third Frontier	72367
Action Fund, each grant award shall be recommended for funding by	72368
the Third Frontier Commission and obtain approval from the	72369
Controlling Board.	72370

Of the foregoing appropriation item 195-422, Third Frontier	72371
Action Fund, not more than six per cent in each fiscal year shall	72372
be used for operating expenditures in administering the program.	72373

In addition to the six per cent for operating expenditures,	72374
an additional administrative amount, not to exceed $1,500,000	72375
within the biennium, shall be available for proposal evaluation,	72376
research and analyses, and marketing efforts deemed necessary to	72377
receive and disseminate information about science and	72378
technology-related opportunities in the state.	72379

SCIENCE AND TECHNOLOGY COLLABORATION

72380

The Department of Development shall work in close	72381
collaboration with the Board of Regents and the Third Frontier	72382
Commission in relation to appropriation items and programs listed	72383
in the following paragraph, and other technology-related	72384
appropriations and programs in the Department of Development and	72385
the Board of Regents as those agencies may designate, to ensure	72386
implementation of a coherent state strategy with respect to	72387
science and technology.	72388

Each of the following appropriations and programs: 195-401,	72389
Thomas Edison Program; 195-408, Coal Research Development;	72390
195-422, Third Frontier Action Fund; 195-632, Coal Research and	72391
Development Fund; 235-454, Research Challenge; 235-510, Ohio	72392
Supercomputer Center; 235-527, Ohio Aerospace Institute; 235-535,	72393
Agricultural Research and Development Center; 235-553, Dayton Area	72394
Graduate Studies Institute; 235-554, Computer Science Graduate	72395
Education; 235-556, Ohio Academic Resources Network; and 195-405,	72396
Biomedical Research and Technology Transfer Trust, shall be	72397
reviewed annually by the Third Frontier Commission with respect to	72398
its development of complementary relationships within a combined	72399
state science and technology investment portfolio and its overall	72400
contribution to the state's science and technology strategy,	72401
including the adoption of appropriately consistent criteria for:	72402
(1) the scientific merit of activities supported by the program;	72403
(2) the relevance of the program's activities to commercial	72404
opportunities in the private sector; (3) the private sector's	72405
involvement in a process that continually evaluates commercial	72406
opportunities to use the work supported by the program; and (4)	72407
the ability of the program and recipients of grant funding from	72408
the program to engage in activities that are collaborative,	72409
complementary, and efficient with respect to the expenditure of	72410
state funds.	72411

All programs listed in the preceding paragraph shall provide	72412
annual reports to the Third Frontier Commission discussing	72413
existing, planned, or possible collaborations between programs and	72414
recipients of grant funding related to technology, development,	72415
commercialization, and supporting Ohio's economic development. The	72416
annual review by the Third Frontier Commission shall be a	72417
comprehensive review of the entire state science and technology	72418
program portfolio rather than a review of individual programs.	72419

Section 38.08. INTERNATIONAL TRADE

72420

The foregoing appropriation item 195-432, International	72421
Trade, shall be used to operate and to maintain Ohio's	72422
out-of-state trade offices.	72423

The Director of Development may enter into contracts with	72424
foreign nationals to staff foreign offices. Such contracts may be	72425
paid in local currency or United States currency and shall be	72426
exempt from the provisions of section 127.16 of the Revised Code.	72427
The director also may establish foreign currency accounts in	72428
accordance with section 122.05 of the Revised Code for the payment	72429
of expenses related to the operation and maintenance of the	72430
foreign trade offices.	72431

The foregoing appropriation item 195-432, International	72432
Trade, shall be used to fund the International Trade Division and	72433
to assist Ohio manufacturers and agricultural producers in	72434
exporting to foreign countries in conjunction with the Department	72435
of Agriculture.	72436

Of the foregoing appropriation item 195-432, International	72437
Trade, up to $35,000 may be used to purchase gifts for	72438
representatives of foreign governments or dignitaries of foreign	72439
countries.	72440

Section 38.09. OHIO INVESTMENT IN TRAINING PROGRAM

72441

The foregoing appropriation item 195-434, Investment in	72442
Training Grants, shall be used to promote training through grants	72443
for the reimbursement of eligible training expenses.	72444

Section 38.10. CDBG OPERATING MATCH

72445

The foregoing appropriation item 195-497, CDBG Operating	72446
Match, shall be used to provide matching funds as requested by the	72447
United States Department of Housing and Urban Development to	72448
administer the federally funded Community Development Block Grant	72449
(CDBG) program.	72450

STATE OPERATING MATCH

72451

The foregoing appropriation item 195-498, State Energy Match,	72452
shall be used to provide matching funds as required by the United	72453
States Department of Energy to administer the federally funded	72454
State Energy Plan.	72455

Section 38.11. TRAVEL AND TOURISM GRANTS

72456

The foregoing appropriation item 195-507, Travel and Tourism	72457
Grants, shall be used to provide grants to local organizations to	72458
support various local travel and tourism events in Ohio.	72459

Of the foregoing appropriation item 195-507, Travel and	72460
Tourism Grants, up to $160,000 in each fiscal year of the biennium	72461
may be used to support the outdoor dramas Trumpet in the Land,	72462
Blue Jacket, Tecumseh, and the Becky Thatcher Showboat Drama;	72463
$40,000 in each fiscal year shall be used for the Cincinnati Film	72464
Commission; $40,000 in each fiscal year shall be used for the	72465
Cleveland Film Commission; $600,000 in each fiscal year shall be	72466
used for grants to the International Center for the Preservation	72467
of Wild Animals; $120,000 in each fiscal year shall be used for	72468
the Ottawa County Visitors Bureau, the Sandusky/Erie County	72469
Visitors and Convention Bureau, and the Lorain County Visitors	72470
Bureau for collaborative efforts to promote tourism; $40,000 in	72471
fiscal year 2004 shall be used for the United States Senior Open	72472
in Toledo; $20,000 in fiscal year 2005 for the Professional	72473
Football Hall of Fame; and $20,000 in fiscal year 2005 for the	72474
Cuyahoga Valley Scenic Railroad.	72475

Section 38.11a. SHOVEL READY SITES

72476

The foregoing appropriation item 195-516, Shovel Ready Sites,	72477
shall be used for the Shovel Ready Sites Program.	72478

During fiscal year 2004, the Director of Budget and	72479
Management shall determine if General Revenue Fund revenues for	72480
that fiscal year are exceeding projected expenditures for that	72481
fiscal year by more than originally estimated. If the General	72482
Revenue Fund revenues for the fiscal year are exceeding projected	72483
expenditures by more than originally estimated for that fiscal	72484
year, then the first $2,500,000 of the excess amount shall be	72485
appropriated from the General Revenue Fund to the Department of	72486
Development for the Shovel Ready Sites Program. The program shall	72487
be managed and administered by the Department of Development. The	72488
appropriation shall be used to leverage federal and local funds to	72489
provide grants to companies relocating or constructing new	72490
infrastructure in the state and be used for the preparation of	72491
sites for immediate construction. The Director of Development	72492
shall direct the moneys through three port authorities, two of	72493
which shall be from urban counties with populations of 500,000 or	72494
greater and one of which shall be from a rural county.	72495

During fiscal year 2005, the Director of Budget and	72496
Management shall determine if General Revenue Fund revenues for	72497
that fiscal year are exceeding projected expenditures for that	72498
fiscal year by more than originally estimated. If the General	72499
Revenue Fund revenues for the fiscal year are exceeding projected	72500
expenditures by more than originally estimated for that fiscal	72501
year, then the first $2,500,000 of the excess amount shall be	72502
appropriated from the General Revenue Fund to the Department of	72503
Development for the Shovel Ready Sites Program. The program shall	72504
be managed and administered by the Department of Development. The	72505
appropriation shall be used to leverage federal and local funds to	72506
provide grants to companies relocating or constructing new	72507
infrastructure in the state and be used for the preparation of	72508
sites for immediate construction. The Director of Development	72509
shall direct the moneys through three port authorities, two of	72510
which shall be from urban counties with populations of 500,000 or	72511
greater and one of which shall be from a rural county.	72512

Section 38.12. THIRD FRONTIER RESEARCH & COMMERCIALIZATION	72513
GENERAL OBLIGATION DEBT SERVICE	72514

The foregoing appropriation item 195-905, Third Frontier	72515
Research & Commercialization General Obligation Debt Service,	72516
shall be used to pay all debt service and related financing costs	72517
during the period from July 1, 2003, to June 30, 2005, on	72518
obligations to be issued for research and development purposes	72519
under Section 2p of Article VIII, Ohio Constitution, and	72520
implementing legislation. The Office of the Sinking Fund or the	72521
Director of Budget and Management shall effectuate the required	72522
payments by an intrastate transfer voucher.	72523

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

72524

The foregoing appropriation item 195-906, Coal	72525
Research/Development General Obligation Debt Service, shall be	72526
used to pay all debt service and related financing costs at the	72527
times they are required to be made under sections 151.01 and	72528
151.07 of the Revised Code during the period from July 1, 2003, to	72529
June 30, 2005. The Commissioners of the Sinking Fund or the	72530
Director of Budget and Management shall effectuate the required	72531
payments by an intrastate transfer voucher.	72532

Section 38.13. SUPPORTIVE SERVICES

72533

The Director of Development may assess divisions of the	72534
department for the cost of central service operations. Such an	72535
assessment shall be based on a plan submitted to and approved by	72536
the Office of Budget and Management by the first day of August of	72537
each fiscal year, and contain the characteristics of	72538
administrative ease and uniform application.	72539

A division's payments shall be credited to the Supportive	72540
Services Fund (Fund 135) using an intrastate transfer voucher.	72541

GENERAL REIMBURSEMENT

72542

The foregoing appropriation item 195-636, General	72543
Reimbursements, shall be used for conference and subscription fees	72544
and other reimbursable costs. Revenues to the General	72545
Reimbursement Fund (Fund 685) shall consist of fees and other	72546
moneys charged for conferences, subscriptions, and other	72547
administrative costs that are not central service costs.	72548

Section 38.13a. TRAINING SERVICES

72549

Of the foregoing appropriation item 195-605, Federal	72550
Projects, $400,000 in each fiscal year shall be used for grants to	72551
the Ohio Weatherization Training Center, administered by the	72552
Corporation for Ohio Appalachian Development, for training and	72553
technical assistance services.	72554

Section 38.14. HEAP WEATHERIZATION

72555

Fifteen per cent of the federal funds received by the state	72556
for the Home Energy Assistance Block Grant shall be deposited in	72557
appropriation item 195-614, HEAP Weatherization (Fund 3K9), and	72558
shall be used to provide home weatherization services in the	72559
state.	72560

Of the foregoing appropriation item 195-614, HEAP	72561
Weatherization, $200,000 in each fiscal year shall be used for	72562
grants to the Ohio Weatherization Training Center, administered by	72563
the Corporation for Ohio Appalachian Development, for training and	72564
technical assistance services.	72565

STATE SPECIAL PROJECTS

72566

The foregoing appropriation item 195-639, State Special	72567
Projects, shall be used as a general account for the deposit of	72568
private-sector funds from utility companies and other	72569
miscellaneous state funds. Private-sector moneys shall be used to	72570
(1) pay the expenses of verifying the income-eligibility of HEAP	72571
applicants, (2) market economic development opportunities in the	72572
state, and (3) leverage additional federal funds. State funds	72573
shall be used to match federal housing grants for the homeless.	72574

Section 38.15. MINORITY BUSINESS ENTERPRISE LOAN

72575

All repayments from the Minority Development Financing	72576
Advisory Board loan program and the Ohio Mini-Loan Guarantee	72577
Program shall be deposited in the State Treasury to the credit of	72578
the Minority Business Enterprise Loan Fund (Fund 4W1).	72579

All operating costs of administering the Minority Business	72580
Enterprise Loan Fund shall be paid from the Minority Business	72581
Enterprise Loan Fund (Fund 4WI).	72582

MINORITY BUSINESS BONDING FUND

72583

Notwithstanding Chapters 122., 169., and 175. of the Revised	72584
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	72585
General Assembly, the Director of Development may, upon the	72586
recommendation of the Minority Development Financing Advisory	72587
Board, pledge up to $10,000,000 in the 2003-2005 biennium of	72588
unclaimed funds administered by the Director of Commerce and	72589
allocated to the Minority Business Bonding Program pursuant to	72590
section 169.05 of the Revised Code. The transfer of any cash by	72591
the Director of Budget and Management from the Department of	72592
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	72593
Development's Minority Business Bonding Fund (Fund 449) shall	72594
occur, if requested by the Director of Development, only if such	72595
funds are needed for payment of losses arising from the Minority	72596
Business Bonding Program, and only after proceeds of the initial	72597
transfer of $2,700,000 by the Controlling Board to the Minority	72598
Business Bonding Program has been used for that purpose. Moneys	72599
transferred by the Director of Budget and Management from the	72600
Department of Commerce for this purpose may be moneys in custodial	72601
funds held by the Treasurer of State. If expenditures are required	72602
for payment of losses arising from the Minority Business Bonding	72603
Program, such expenditures shall be made from appropriation item	72604
195-623, Minority Business Bonding Contingency in the Minority	72605
Business Bonding Fund, and such amounts are appropriated.	72606

MINORITY BUSINESS BONDING PROGRAM ADMINISTRATION

72607

Investment earnings of the Minority Business Bonding Fund	72608
(Fund 449) shall be credited to the Minority Business Bonding	72609
Program Administration Fund (Fund 450).	72610

Section 38.16. ECONOMIC DEVELOPMENT FINANCING OPERATING

72611

The foregoing appropriation item 195-625, Economic	72612
Development Financing Operating, shall be used for the operating	72613
expenses of financial assistance programs authorized under Chapter	72614
166. of the Revised Code and under sections 122.43 and 122.45 of	72615
the Revised Code.	72616

VOLUME CAP ADMINISTRATION

72617

The foregoing appropriation item 195-654, Volume Cap	72618
Administration, shall be used for expenses related to the	72619
administration of the Volume Cap Program. Revenues received by the	72620
Volume Cap Administration Fund (Fund 617) shall consist of	72621
application fees, forfeited deposits, and interest earned from the	72622
custodial account held by the Treasurer of State.	72623

UNIVERSAL SERVICE FUND

72624

The foregoing appropriation item 195-659, Universal Service,	72625
shall be used to provide payments to regulated electric utility	72626
companies for low-income customers enrolled in Percentage of	72627
Income Payment Plan (PIPP) electric accounts, to fund targeted	72628
energy efficiency and customer education services to PIPP	72629
customers, and to cover the department's administrative costs	72630
related to the Universal Service Fund Programs.	72631

ENERGY EFFICIENCY REVOLVING LOAN FUND

72632

The foregoing appropriation item 195-660, Energy Efficiency	72633
Revolving Loan, shall be used to provide financial assistance to	72634
customers for eligible energy efficiency projects for residential,	72635
commercial and industrial business, local government, educational	72636
institution, nonprofit, and agriculture customers, and to pay for	72637
the program's administrative costs as provided in the Revised Code	72638
and rules adopted by the Director of Development.	72639

Section 38.17. FACILITIES ESTABLISHMENT FUND

72640

The foregoing appropriation item 195-615, Facilities	72641
Establishment (Fund 037), shall be used for the purposes of the	72642
Facilities Establishment Fund under Chapter 166. of the Revised	72643
Code.	72644

Notwithstanding Chapter 166. of the Revised Code, up to	72645
$1,800,000 in cash per fiscal year may be transferred from the	72646
Facilities Establishment Fund (Fund 037) to the Economic	72647
Development Financing Operating Fund (Fund 451). The transfer is	72648
subject to Controlling Board approval pursuant to division (B) of	72649
section 166.03 of the Revised Code.	72650

Notwithstanding Chapter 166. of the Revised Code, up to	72651
$20,475,000 in cash may be transferred during the biennium from	72652
the Facilities Establishment Fund (Fund 037) to the Urban	72653
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing	72654
barriers to urban core redevelopment. The Director of Development	72655
shall develop program guidelines for the transfer and release of	72656
funds, including, but not limited to, the completion of all	72657
appropriate environmental assessments before state assistance is	72658
committed to a project.	72659

Notwithstanding Chapter 166. of the Revised Code, up to	72660
$5,000,000 per fiscal year in cash may be transferred from the	72661
Facilities Establishment Fund (Fund 037) to the Rural Industrial	72662
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling	72663
Board approval pursuant to section 166.03 of the Revised Code.	72664

FAMILY FARM LOAN PROGRAM

72665

Notwithstanding Chapter 166. of the Revised Code, up to	72666
$1,500,000 in each fiscal year shall be transferred from moneys in	72667
the Facilities Establishment Fund (Fund 037) to the Family Farm	72668
Loan Guarantee Fund (Fund 5H1) in the Department of Development.	72669
These moneys shall be used for loan guarantees. The transfer is	72670
subject to Controlling Board approval.	72671

Financial assistance from the Family Farm Loan Guarantee Fund	72672
(Fund 5H1) shall be repaid to Fund 5H1. This fund is established	72673
in accordance with sections 166.031, 901.80, 901.81, 901.82, and	72674
901.83 of the Revised Code.	72675

When the Family Farm Loan Guarantee Fund (Fund 5H1) ceases to	72676
exist, all outstanding balances, all loan repayments, and any	72677
other outstanding obligations shall revert to the Facilities	72678
Establishment Fund (Fund 037).	72679

RURAL DEVELOPMENT INITIATIVE FUND

72680

(A)(1) The Rural Development Initiative Fund (Fund 5S8) shall	72681
receive moneys from the Facilities Establishment Fund (Fund 037).	72682
The Director of Development may make grants from the Rural	72683
Development Initiative Fund as specified in division (A)(2) of	72684
this section to eligible applicants in Appalachian counties and in	72685
rural counties in the state that are designated as distressed	72686
pursuant to section 122.25 of the Revised Code. Preference shall	72687
be given to eligible applicants located in Appalachian counties	72688
designated as distressed by the federal Appalachian Regional	72689
Commission. The Rural Development Initiative Fund (Fund 5S8) shall	72690
cease to exist after June 30, 2007. All moneys remaining in the	72691
Fund after that date shall revert to the Facilities Establishment	72692
Fund (Fund 037).	72693

(2) The Director of Development shall make grants from the	72694
Rural Development Initiative Fund (Fund 5S8) only to eligible	72695
applicants who also qualify for and receive funding under the	72696
Rural Industrial Park Loan Program as specified in sections 122.23	72697
to 122.27 of the Revised Code. Eligible applicants shall use the	72698
grants for the purposes specified in section 122.24 of the Revised	72699
Code. All projects supported by grants from the fund are subject	72700
to Chapter 4115. of the Revised Code as specified in division (E)	72701
of section 166.02 of the Revised Code. The Director shall develop	72702
program guidelines for the transfer and release of funds. The	72703
release of grant moneys to an eligible applicant is subject to	72704
Controlling Board approval.	72705

(B) Notwithstanding Chapter 166. of the Revised Code, the	72706
Director of Budget and Management may transfer up to $5,000,000	72707
per fiscal year in cash on an as needed basis at the request of	72708
the Director of Development from the Facilities Establishment Fund	72709
(Fund 037) to the Rural Development Initiative Fund (Fund 5S8).	72710
The transfer is subject to Controlling Board approval pursuant to	72711
section 166.03 of the Revised Code.	72712

CAPITAL ACCESS LOAN PROGRAM

72713

The foregoing appropriation item 195-628, Capital Access Loan	72714
Program, shall be used for operating, program, and administrative	72715
expenses of the program. Funds of the Capital Access Loan Program	72716
shall be used to assist participating financial institutions in	72717
making program loans to eligible businesses that face barriers in	72718
accessing working capital and obtaining fixed asset financing.	72719

Notwithstanding Chapter 166. of the Revised Code, the	72720
Director of Budget and Management may transfer up to $3,000,000	72721
per fiscal year in cash on an as needed basis at the request of	72722
the Director of Development from the Facilities Establishment Fund	72723
(Fund 037) to the Capital Access Loan Program Fund (Fund 5S9). The	72724
transfer is subject to Controlling Board approval pursuant to	72725
section 166.03 of the Revised Code.	72726

Section 38.18. CLEAN OHIO OPERATING EXPENSES

72727

The foregoing appropriation item 195-663, Clean Ohio	72728
Operating, shall be used by the Department of Development in	72729
administering sections 122.65 to 122.658 of the Revised Code.	72730

Section 39. OBD OHIO BOARD OF DIETETICS

72731

General Services Fund Group

72732

4K9	860-609	Operating Expenses	$	334,917	$	329,687	72733
TOTAL GSF General Services Fund							72734
Group			$	334,917	$	329,687	72735
TOTAL ALL BUDGET FUND GROUPS			$	334,917	$	329,687	72736

Section 40. EDU DEPARTMENT OF EDUCATION

72738

General Revenue Fund

72739

GRF	200-100	Personal Services	$	11,110,190	$	11,332,393	72740
GRF	200-320	Maintenance and Equipment	$	5,066,249	$	5,066,249	72741
GRF	200-408	Public Preschool	$	19,018,551	$	19,018,551	72742
GRF	200-410	Professional Development	$	27,840,073	$	28,790,073	72743
GRF	200-411	Family and Children First	$	3,324,750	$	3,324,750	72744
GRF	200-416	Career-Technical Education Match	$	2,322,195	$	2,322,195	72745
GRF	200-420	Technical Systems Development	$	5,703,750	$	5,703,750	72746
GRF	200-421	Alternative Education Programs	$	16,135,547	$	16,135,547	72747
GRF	200-422	School Management Assistance	$	1,778,000	$	1,778,000	72748
GRF	200-424	Policy Analysis	$	592,220	$	592,220	72749
GRF	200-425	Tech Prep Consortia Support	$	2,133,213	$	2,133,213	72750
GRF	200-426	Ohio Educational Computer Network	$	34,331,741	$	34,331,741	72751
GRF	200-427	Academic Standards	$	9,000,592	$	9,000,592	72752
GRF	200-431	School Improvement Initiatives	$	10,805,625	$	10,805,625	72753
GRF	200-432	School Conflict Management	$	583,010	$	583,010	72754
GRF	200-433	Reading/Writing/Math Improvement	$	20,488,264	$	20,488,264	72755
GRF	200-437	Student Assessment	$	40,853,391	$	45,853,391	72756
GRF	200-439	Accountability/Report Cards	$	4,087,500	$	4,087,500	72757
GRF	200-441	American Sign Language	$	207,717	$	207,717	72758
GRF	200-442	Child Care Licensing	$	1,385,633	$	1,385,633	72759
GRF	200-445	OhioReads Admin/Volunteer Support	$	4,500,000	$	4,500,000	72760
GRF	200-446	Education Management Information System	$	18,678,969	$	18,678,969	72761
GRF	200-447	GED Testing/Adult High School	$	1,829,106	$	1,829,106	72762
GRF	200-448	Educator Preparation	$	24,375	$	24,375	72763
GRF	200-449	Head Start/Head Start Plus Start Up	$	11,000,000	$	5,000,000	72764
GRF	200-452	Teaching Success Commission Initiatives	$	1,650,000	$	1,650,000	72765
GRF	200-455	Community Schools	$	4,231,842	$	4,231,842	72766
GRF	200-500	School Finance Equity	$	13,888,641	$	7,671,853	72767
GRF	200-501	Base Cost Funding	$	4,437,361,256	$	4,475,529,879	72768
GRF	200-502	Pupil Transportation	$	388,939,229	$	397,960,398	72769
GRF	200-503	Bus Purchase Allowance	$	34,399,921	$	34,399,921	72770
GRF	200-505	School Lunch Match	$	8,998,025	$	8,998,025	72771
GRF	200-509	Adult Literacy Education	$	8,774,250	$	8,774,250	72772
GRF	200-511	Auxiliary Services	$	127,903,356	$	127,903,356	72773
GRF	200-513	Student Intervention Services	$	35,040,815	$	35,040,815	72774
GRF	200-514	Postsecondary Adult Career-Technical Education	$	19,919,464	$	19,919,464	72775
GRF	200-520	Disadvantaged Pupil Impact Aid	$	367,266,738	$	367,266,738	72776
GRF	200-521	Gifted Pupil Program	$	48,201,031	$	48,201,031	72777
GRF	200-525	Parity Aid	$	333,890,279	$	448,820,387	72778
GRF	200-532	Nonpublic Administrative Cost Reimbursement	$	55,803,103	$	55,803,103	72779
GRF	200-540	Special Education Enhancements	$	137,414,484	$	139,736,046	72780
GRF	200-545	Career-Technical Education Enhancements	$	14,572,907	$	14,572,907	72781
GRF	200-546	Charge-Off Supplement	$	45,888,802	$	45,888,802	72782
GRF	200-558	Emergency Loan Interest Subsidy	$	3,022,500	$	2,300,000	72783
GRF	200-566	OhioReads Grants	$	17,125,223	$	17,167,728	72784
GRF	200-578	Safe and Supportive Schools	$	3,576,348	$	3,576,348	72785
GRF	200-901	Property Tax Allocation - Education	$	783,350,000	$	822,360,000	72786
GRF	200-906	Tangible Tax Exemption - Education	$	70,710,000	$	67,710,000	72787
TOTAL GRF General Revenue Fund			$	7,214,728,875	$	7,408,455,757	72788

General Services Fund Group

72789

138	200-606	Computer Services	$	7,404,690	$	7,635,949	72790
4D1	200-602	Ohio Prevention/Education Resource Center	$	347,000	$	347,000	72791
4L2	200-681	Teacher Certification and Licensure	$	5,038,017	$	5,236,517	72792
452	200-638	Miscellaneous Revenue	$	500,000	$	500,000	72793
5B1	200-651	Child Nutrition Services	$	800,000	$	800,000	72794
5H3	200-687	School District Solvency Assistance	$	18,000,000	$	18,000,000	72795
596	200-656	Ohio Career Information System	$	516,694	$	529,761	72796
TOTAL GSF General Services							72797
Fund Group			$	32,606,401	$	33,049,227	72798

Federal Special Revenue Fund Group

72799

3C5	200-661	Early Childhood Education	$	21,508,746	$	21,508,746	72800
3D1	200-664	Drug Free Schools	$	13,169,757	$	13,347,966	72801
3D2	200-667	Honors Scholarship Program	$	1,786,500	$	1,786,500	72802
3H9	200-605	Head Start Collaboration Project	$	275,000	$	275,000	72803
3L6	200-617	Federal School Lunch	$	185,948,186	$	191,898,528	72804
3L7	200-618	Federal School Breakfast	$	48,227,431	$	49,524,254	72805
3L8	200-619	Child/Adult Food Programs	$	63,577,244	$	65,293,830	72806
3L9	200-621	Career-Technical Education Basic Grant	$	48,029,701	$	48,029,701	72807
3M0	200-623	ESEA Title 1A	$	356,458,504	$	384,975,184	72808
3M1	200-678	Innovative Education	$	15,041,997	$	16,094,937	72809
3M2	200-680	Ind W/Disab Education Act	$	288,468,284	$	331,392,575	72810
3S2	200-641	Education Technology	$	19,682,057	$	20,469,339	72811
3S6	200-698	Dispute Resolution-Federal	$	140,000	$	140,000	72812
3T4	200-613	Public Charter Schools	$	23,287,500	$	26,187,113	72813
3Y2	200-688	21st Century Community Learning Centers	$	17,138,239	$	18,500,000	72814
3Y4	200-632	Reading First	$	29,881,256	$	33,168,194	72815
3Y6	200-635	Improving Teacher Quality	$	103,686,420	$	104,100,000	72816
3Y7	200-689	English Language Acquisition	$	4,872,334	$	5,505,737	72817
3Z2	200-690	State Assessments	$	11,894,315	$	12,489,031	72818
309	200-601	Educationally Disadvantaged	$	22,148,769	$	22,899,001	72819
366	200-604	Adult Basic Education	$	21,369,906	$	22,223,820	72820
367	200-607	School Food Services	$	10,767,759	$	11,144,631	72821
368	200-614	Veterans' Training	$	626,630	$	655,587	72822
369	200-616	Career-Tech Education Federal Enhancement	$	8,165,672	$	8,165,672	72823
370	200-624	Education of Exceptional Children	$	1,933,910	$	1,933,910	72824
374	200-647	Troops to Teachers	$	2,618,076	$	2,622,370	72825
TOTAL FED Federal Special							72826
Revenue Fund Group			$	1,320,704,193	$	1,414,331,626	72827

State Special Revenue Fund Group

72828

4R7	200-695	Indirect Cost Recovery	$	5,002,500	$	5,250,400	72829
4V7	200-633	Interagency Support	$	800,000	$	800,000	72830
454	200-610	Guidance and Testing	$	956,761	$	956,761	72831
455	200-608	Commodity Foods	$	11,308,000	$	11,624,624	72832
5U2	200-685	National Education Statistics	$	200,000	$	200,000	72833
5W2	200-663	Head Start Plus/Head Start	$	57,170,000	$	110,184,000	72834
5X8	200-453	Jobs for Ohio Graduates Program	$	1,750,000	$	1,750,000	72835
598	200-659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	72836
620	200-615	Educational Grants	$	1,000,000	$	1,000,000	72837
TOTAL SSR State Special Revenue							72838
Fund Group			$	79,516,171	$	133,094,695	72839

Lottery Profits Education Fund Group

72840

017	200-612	Base Cost Funding	$	606,123,500	$	606,195,300	72841
017	200-682	Lease Rental Payment Reimbursement	$	31,776,500	$	31,704,700	72842
TOTAL LPE Lottery Profits							72843
Education Fund Group			$	637,900,000	$	637,900,000	72844

Revenue Distribution Fund Group

72845

053	200-900	School District Property Tax Replacement	$	115,911,593	$	115,911,593	72846
TOTAL RDF Revenue Distribution							72847
Fund Group			$	115,911,593	$	115,911,593	72848
TOTAL ALL BUDGET FUND GROUPS			$	9,401,367,233	$	9,742,742,898	72849

Section 40.01. MAINTENANCE AND EQUIPMENT

72851

Of the foregoing appropriation item 200-320, Maintenance and	72852
Equipment, up to $25,000 may be expended in each fiscal year for	72853
State Board of Education out-of-state travel.	72854

Section 40.02. PUBLIC PRESCHOOL

72855

The Department of Education shall distribute the foregoing	72856
appropriation item 200-408, Public Preschool, to pay the costs of	72857
comprehensive preschool programs. As used in this section, "school	72858
district" means a city, local, exempted village, or joint	72859
vocational school district, or an educational service center.	72860

(A) In each fiscal year, up to two per cent of the total	72861
appropriation may be used by the department for program support	72862
and technical assistance; developing program capacity; and	72863
assisting programs with facilities planning, construction,	72864
renovation, or lease agreements in conjunction with the Community	72865
Development Finance Fund (CDFF). The Department shall distribute	72866
the remainder of the appropriation in each fiscal year to serve	72867
children from families earning not more than 185 per cent of the	72868
federal poverty guidelines.	72869

(B) The department shall provide an annual report to the	72870
Governor, the Speaker of the House of Representatives, the	72871
President of the Senate, the State Board of Education, Head Start	72872
agencies, and other interested parties regarding the Public	72873
Preschool Program and performance indicators, as outlined by the	72874
Department.	72875

(C) For purposes of this section, "eligible child" means a	72876
child who is at least three years of age, is not of the age to be	72877
eligible for kindergarten, and whose family earns not more than	72878
185 per cent of the federal poverty guidelines.	72879

(D) After setting aside the amounts to make payments due from	72880
the previous fiscal year, in fiscal year 2004 and fiscal year	72881
2005, the Department shall distribute funds first to recipients of	72882
funds under the program in the previous fiscal year and the	72883
balance to new recipients. Awards under this section shall be	72884
distributed on a per-pupil basis, which the Department may adjust	72885
so that the per-pupil amount multiplied by the number of eligible	72886
children enrolled and receiving services, as defined by the	72887
Department, reported on the first day of December or the first	72888
business day following that date equals the amount allocated under	72889
division (A) of this section. The Department may increase the	72890
per-pupil amount by a reasonable percentage for inflation, to be	72891
determined by the Department.	72892

The Department may reallocate unobligated or unspent money to	72893
participating school districts for purposes of program expansion,	72894
improvement, or special projects to promote quality and	72895
innovation.	72896

(E) Costs for developing and administering a preschool	72897
program may not exceed fifteen per cent of the total approved	72898
costs of the program.	72899

All recipients of funds shall maintain such fiscal control	72900
and accounting procedures as may be necessary to ensure the	72901
disbursement of, and accounting for, these funds. The control of	72902
funds provided in this program, and title to property obtained	72903
therefrom, shall be under the authority of the approved recipient	72904
for purposes provided in the program unless, as described in	72905
division (J) of this section, a preschool program waives its right	72906
for funding or a program's funding is eliminated or reduced due to	72907
its inability to meet financial or program performance standards.	72908
The approved recipient shall administer and use such property and	72909
funds for the purposes specified.	72910

(F) The Department shall prescribe target levels for critical	72911
performance indicators for the purpose of assessing public	72912
preschool programs. On-site reviews and follow-up visits shall be	72913
based on progress in meeting the prescribed target levels.	72914

(G) The Department may examine a recipient's financial and	72915
program records. If the financial practices of the program are not	72916
in accordance with standard accounting principles or do not meet	72917
financial standards outlined under division (E) of this section,	72918
or if the program fails to substantially meet the Head Start	72919
performance standards or exhibits below average performance as	72920
measured against the performance indicators outlined in division	72921
(F) of this section, the preschool program shall propose and	72922
implement a corrective action plan that has been approved by the	72923
Department. The approved corrective action plan shall be signed by	72924
the school district board of education and the appropriate grantee	72925
official. The corrective action plan shall include a schedule for	72926
monitoring by the Department. Such monitoring may include monthly	72927
reports, inspections, a timeline for correction of deficiencies,	72928
and technical assistance to be provided by the Department or	72929
obtained by the public preschool program. The Department may	72930
withhold funding pending corrective action. If a public preschool	72931
program fails to satisfactorily complete a corrective action plan,	72932
the Department may either deny expansion funding to the program or	72933
withdraw all or part of the public preschool funding from the	72934
agency and establish a new state-funded agency through a	72935
competitive bidding process established by the Department.	72936

(H) The department shall require public preschool programs to	72937
document child progress, using research-based indicators as	72938
prescribed by the department, and report results annually. The	72939
department shall determine the dates for documenting and	72940
reporting.	72941

(I) Each school district shall develop a sliding fee scale	72942
based on family incomes in the district and shall charge families	72943
who earn more than the federal poverty guidelines for preschool.	72944

(J) If a public preschool program voluntarily waives its	72945
right for funding, or has its funding eliminated for not meeting	72946
financial standards or program performance standards, the grantee	72947
and delegate shall transfer control of title to property,	72948
equipment, and remaining supplies obtained through the program to	72949
designated grantees and return any unexpended funds to the	72950
Department along with any reports prescribed by the Department.	72951
The funding made available from a program that waives its right	72952
for funding or has its funding eliminated or reduced may be used	72953
by the Department for new grant awards or expansion grants. The	72954
Department may award new grants or expansion grants to eligible	72955
providers who apply. The eligible providers who apply must do so	72956
in accordance with the competitive bidding process established by	72957
the Department.	72958

Section 40.03. PROFESSIONAL DEVELOPMENT

72959

Of the foregoing appropriation item 200-410, Professional	72960
Development, $5,200,000 in fiscal year 2004 shall be used by the	72961
Department of Education to support a statewide comprehensive	72962
system of regional professional development centers that support	72963
local educators' ability to foster academic achievement in the	72964
students they serve. Of the foregoing appropriation item 200-410,	72965
Professional Development, $5,200,000 in fiscal year 2005 shall be	72966
used by the regional education delivery system. Before releasing	72967
these funds in fiscal year 2005, the Department of Education shall	72968
submit a spending plan to the Controlling Board. The release of	72969
the funds is contingent on Controlling Board approval of the	72970
spending plan. Both the regional professional development centers	72971
in fiscal year 2004 and the regional education delivery system in	72972
fiscal year 2005 shall include training that assists educators,	72973
school leadership, and technical assistance providers in	72974
understanding and implementing standards-based education, data	72975
analysis, and development of assessment systems for quality	72976
instruction.	72977

Of the foregoing appropriation item 200-410, Professional	72978
Development, $7,079,625 in fiscal year 2004 and $8,004,625 in	72979
fiscal year 2005 shall be used by the Department of Education to	72980
provide grants to pay $2,000 of the application fee in order to	72981
assist teachers from public and chartered nonpublic schools	72982
applying for the first time to the National Board for Professional	72983
Teaching Standards for professional teaching certificates or	72984
licenses that the board offers. This set aside shall also be used	72985
to recognize and reward teachers who become certified by the	72986
National Board for Professional Teaching Standards pursuant to	72987
section 3319.55 of the Revised Code. Up to $300,000 in each fiscal	72988
year of this set aside may be used by the Department to pay for	72989
costs associated with activities to support candidates through the	72990
application and certification process.	72991

These moneys shall be used to pay up to the first 500	72992
applications in fiscal year 2004 and the first 400 applications in	72993
fiscal year 2005 received by the Department. Each prospective	72994
applicant for certification or licensure shall submit an	72995
application to the Department of Education. When the Department	72996
has collected a group of applications, but not later than 30 days	72997
after receipt of the first application in a group, it shall send	72998
the applications to the National Board for Professional Teaching	72999
Standards along with a check to cover the remaining cost of the	73000
application fee for all applicants in that group.	73001

Of the foregoing appropriation item 200-410, Professional	73002
Development, up to $13,442,358 in each fiscal year shall be	73003
allocated for entry year programs. These funds shall be used to	73004
support mentoring services and performance assessments of	73005
beginning teachers in school districts.	73006

Of the foregoing appropriation item 200-410, Professional	73007
Development, up to $188,090 in each fiscal year shall be used to	73008
provide technical assistance and grants for districts to develop	73009
local knowledge/skills-based compensation systems. Each district	73010
receiving grants shall issue an annual report to the Department of	73011
Education detailing the use of the funds and the impact of the	73012
system developed by the district.	73013

Of the foregoing appropriation item 200-410, Professional	73014
Development, up to $670,000 in each fiscal year shall be used for	73015
training and professional development of school administrators,	73016
school treasurers, and school business officials.	73017

Of the foregoing appropriation item 200-410, Professional	73018
Development, $144,000 in each fiscal year shall be used by the	73019
Department of Education to develop a supply and demand report that	73020
describes the availability of quality educators and critical	73021
educator shortage areas in Ohio.	73022

Of the foregoing appropriation item 200-410, Professional	73023
Development, $1,056,000 in each fiscal year shall be used for	73024
educator recruitment programs targeting special need areas,	73025
including recruiting highly qualified minority candidates into	73026
teaching, recruiting prospective mathematics and science teachers,	73027
and targeting other areas of special need.	73028

CAREER-TECHNICAL EDUCATION MATCH

73029

The foregoing appropriation item 200-416, Career-Technical	73030
Education Match, shall be used by the Department of Education to	73031
provide vocational administration matching funds pursuant to 20	73032
U.S.C. 2311.	73033

Section 40.04. TECHNICAL SYSTEMS DEVELOPMENT

73034

The foregoing appropriation item 200-420, Technical Systems	73035
Development, shall be used to support the development and	73036
implementation of information technology solutions designed to	73037
improve the performance and customer service of the Department of	73038
Education. Funds may be used for personnel, maintenance, and	73039
equipment costs related to the development and implementation of	73040
these technical system projects. Implementation of these systems	73041
shall allow the Department to provide greater levels of assistance	73042
to school districts and to provide more timely information to the	73043
public, including school districts, administrators, and	73044
legislators.	73045

ALTERNATIVE EDUCATION PROGRAMS

73046

There is hereby created the Alternative Education Advisory	73047
Council, which shall consist of one representative from each of	73048
the following agencies: the Ohio Department of Education; the	73049
Department of Youth Services; the Ohio Department of Alcohol and	73050
Drug Addiction Services; the Department of Mental Health; the	73051
Office of the Governor or, at the Governor's discretion, the	73052
Office of the Lieutenant Governor; the Office of the Attorney	73053
General; and the Office of the Auditor of State.	73054

Of the foregoing appropriation item 200-421, Alternative	73055
Education Programs, not less than $7,529,274 in each fiscal year	73056
shall be used for the renewal of successful implementation grants	73057
and for competitive matching grants to the 21 urban school	73058
districts as defined in division (O) of section Sec. 3317.02. of the	73059
Revised Code as it existed prior to July 1, 1998, and not less	73060
than $7,494,820 in each fiscal year shall be used for the renewal	73061
of successful implementation of grants and for competitive	73062
matching grants to rural and suburban school districts for	73063
alternative educational programs for existing and new at-risk and	73064
delinquent youth. Programs shall be focused on youth in one or	73065
more of the following categories: those who have been expelled or	73066
suspended, those who have dropped out of school or who are at risk	73067
of dropping out of school, those who are habitually truant or	73068
disruptive, or those on probation or on parole from a Department	73069
of Youth Services facility. Grants shall be awarded according to	73070
the criteria established by the Alternative Education Advisory	73071
Council in 1999. Grants shall be awarded only to programs where	73072
the grant would not serve as the program's primary source of	73073
funding. These grants shall be administered by the Department of	73074
Education.	73075

The Department of Education may waive compliance with any	73076
minimum education standard established under section 3301.07 of	73077
the Revised Code for any alternative school that receives a grant	73078
under this section on the grounds that the waiver will enable the	73079
program to more effectively educate students enrolled in the	73080
alternative school.	73081

Of the foregoing appropriation item 200-421, Alternative	73082
Education Programs, $75,000 in each fiscal year shall be used to	73083
support the Toledo Tech Academy.	73084

Of the foregoing appropriation item 200-421, Alternative	73085
Education Programs, up to $449,235 in each fiscal year may be used	73086
for program administration, monitoring, technical assistance,	73087
support, research, and evaluation. Any unexpended balance may be	73088
used to provide additional matching grants to urban, suburban, or	73089
rural school districts as outlined above.	73090

Of the foregoing appropriation item 200-421, Alternative	73091
Education Programs, $287,218 in each fiscal year shall be used to	73092
contract with the Center for Learning Excellence at The Ohio State	73093
University to provide technical support for the project and the	73094
completion of formative and summative evaluation of the grants.	73095

Of the foregoing appropriation item 200-421, Alternative	73096
Education Programs, $300,000 in each fiscal year shall be used to	73097
support Amer-I-Can. Of this set-aside, no funds shall be disbursed	73098
without approval of the Controlling Board. Amer-I-Can programs	73099
shall submit to the Controlling Board a biennial spending plan	73100
that delineates how these funds will be spent. Amer-I-Can programs	73101
also shall demonstrate to the Controlling Board that they have	73102
hired an independent evaluator and have selected valid and	73103
reliable instruments to assess pre and post changes in student	73104
behavior.	73105

SCHOOL MANAGEMENT ASSISTANCE

73106

Of the foregoing appropriation item 200-422, School	73107
Management Assistance, $351,000 in each fiscal year shall be used	73108
by the Auditor of State for expenses incurred in the Auditor of	73109
State's role relating to fiscal caution activities as defined in	73110
Chapter 3316. of the Revised Code. Expenses include duties related	73111
to the completion of performance audits for school districts that	73112
the Superintendent of Public Instruction determines are employing	73113
fiscal practices or experiencing budgetary conditions that could	73114
produce a state of fiscal watch or fiscal emergency.	73115

The remainder of foregoing appropriation item 200-422, School	73116
Management Assistance, shall be used by the Department of	73117
Education to provide fiscal technical assistance and inservice	73118
education for school district management personnel and to	73119
administer, monitor, and implement the fiscal watch and fiscal	73120
emergency provisions under Chapter 3316. of the Revised Code.	73121

POLICY ANALYSIS

73122

The foregoing appropriation item 200-424, Policy Analysis,	73123
shall be used by the Department of Education to support a system	73124
of administrative, statistical, and legislative education	73125
information to be used for policy analysis. Staff supported by	73126
this appropriation shall administer the development of reports,	73127
analyses, and briefings to inform education policymakers of	73128
current trends in education practice, efficient and effective use	73129
of resources, and evaluation of programs to improve education	73130
results. The database shall be kept current at all times. These	73131
research efforts shall be used to supply information and analysis	73132
of data to the General Assembly and other state policymakers,	73133
including the Office of Budget and Management and the Legislative	73134
Service Commission.	73135

The Department of Education may use funding from this	73136
appropriation item to purchase or contract for the development of	73137
software systems or contract for policy studies that will assist	73138
in the provision and analysis of policy-related information.	73139
Funding from this appropriation item also may be used to monitor	73140
and enhance quality assurance for research-based policy analysis	73141
and program evaluation to enhance the effective use of education	73142
information to inform education policymakers.	73143

TECH PREP CONSORTIA SUPPORT

73144

The foregoing appropriation item 200-425, Tech Prep Consortia	73145
Support, shall be used by the Department of Education to support	73146
state-level activities designed to support, promote, and expand	73147
tech prep programs. Use of these funds shall include, but not be	73148
limited to, administration of grants, program evaluation,	73149
professional development, curriculum development, assessment	73150
development, program promotion, communications, and statewide	73151
coordination of tech prep consortia.	73152

OHIO EDUCATIONAL COMPUTER NETWORK

73153

The foregoing appropriation item 200-426, Ohio Educational	73154
Computer Network, shall be used by the Department of Education to	73155
maintain a system of information technology throughout Ohio and to	73156
provide technical assistance for such a system in support of the	73157
State Education Technology Plan pursuant to section 3301.07 of the	73158
Revised Code.	73159

Of the foregoing appropriation item 200-426, Ohio Educational	73160
Computer Network, up to $18,592,763 in each fiscal year shall be	73161
used by the Department of Education to support connection of all	73162
public school buildings to the state's education network, to each	73163
other, and to the Internet. In each fiscal year the Department of	73164
Education shall use these funds to assist data acquisition sites	73165
or school districts with the operational costs associated with	73166
this connectivity. The Department of Education shall develop a	73167
formula and guidelines for the distribution of these funds to the	73168
data acquisition sites or individual school districts. As used in	73169
this section, "public school building" means a school building of	73170
any city, local, exempted village, or joint vocational school	73171
district, or any community school established under Chapter 3314.	73172
of the Revised Code, or any educational service center building	73173
used for instructional purposes, or the Ohio School for the Deaf	73174
and the Ohio School for the Blind, or high schools chartered by	73175
the Ohio Department of Youth Services and high schools operated by	73176
Ohio Department of Rehabilitation and Corrections' Ohio Central	73177
School System.	73178

Of the foregoing appropriation item 200-426, Ohio Educational	73179
Computer Network, up to $1,884,355 in each fiscal year shall be	73180
used for the Union Catalog and InfOhio Network.	73181

The Department of Education shall use up to $3,412,500 in	73182
each fiscal year to assist designated data acquisition sites with	73183
operational costs associated with the increased use of the state's	73184
education network by chartered nonpublic schools. The Department	73185
of Education shall use the same per building amount as used to	73186
provide connectivity subsidy funds to public school buildings. The	73187
funds shall be distributed to designated data acquisition sites no	73188
later than the first day of November of every school year that the	73189
General Assembly appropriates funds for the program.	73190

The remainder of appropriation item 200-426, Ohio Educational	73191
Computer Network, shall be used to support development,	73192
maintenance, and operation of a network of uniform and compatible	73193
computer-based information and instructional systems. The	73194
technical assistance shall include, but not be restricted to,	73195
development and maintenance of adequate computer software systems	73196
to support network activities. Program funds may be used, through	73197
a formula and guidelines devised by the department, to subsidize	73198
the activities of designated data acquisition sites, as defined by	73199
State Board of Education rules, to provide school districts and	73200
chartered nonpublic schools with computer-based student and	73201
teacher instructional and administrative information services,	73202
including approved computerized financial accounting, and to	73203
ensure the effective operation of local automated administrative	73204
and instructional systems. To broaden the scope of the use of	73205
technology for education, the Department may use up to $223,762 in	73206
each fiscal year to coordinate the activities of the computer	73207
network with other agencies funded by the department or the state.	73208
In order to improve the efficiency of network activities, the	73209
department and data acquisition sites may jointly purchase	73210
equipment, materials, and services from funds provided under this	73211
appropriation for use by the network and, when considered	73212
practical by the department, may utilize the services of	73213
appropriate state purchasing agencies.	73214

ACADEMIC STANDARDS

73215

Of the foregoing appropriation item 200-427, Academic	73216
Standards, up to $731,250 in each fiscal year shall be used to	73217
provide funds to school districts that have one or more teachers	73218
participating in the teachers-on-loan program.	73219

The remainder of appropriation item 200-427, Academic	73220
Standards, shall be used by the Department of Education to develop	73221
and communicate to school districts academic content standards and	73222
curriculum models. The Department of Education shall communicate	73223
these standards and curricula to school districts primarily	73224
through Internet website postings and electronic mail.	73225

Section 40.05. SCHOOL IMPROVEMENT INITIATIVES

73226

Of the foregoing appropriation item 200-431, School	73227
Improvement Initiatives, $10,505,625 in each fiscal year shall be	73228
used to provide technical assistance to school districts that are	73229
declared to be in a state of academic watch or academic emergency	73230
under section 3302.03 of the Revised Code to provide support to	73231
districts in the development and implementation of their	73232
continuous improvement plans as required in section 3302.04 of the	73233
Revised Code and to provide technical assistance and support in	73234
accordance with Title I of the "No Child Left Behind Act of 2001,"	73235
115 Stat. 1425, 20 U.S.C. 6317.	73236

Of the foregoing appropriation item 200-431, School	73237
Improvement Initiatives, up to $250,000 in each fiscal year shall	73238
be used to reduce the dropout rate by addressing the academic and	73239
social problems of inner-city students through Project GRAD.	73240

Of the foregoing appropriation item 200-431, School	73241
Improvement Initiatives, $50,000 in each fiscal year shall be used	73242
to support LEAF.	73243

SCHOOL CONFLICT MANAGEMENT

73244

The foregoing appropriation item 200-432, School Conflict	73245
Management, shall be used by the Department of Education for the	73246
purpose of providing dispute resolution and conflict management	73247
training, consultation, and materials for school districts, and	73248
for the purpose of providing competitive school conflict	73249
management grants to school districts.	73250

READING/WRITING/MATH IMPROVEMENT

73251

Of the foregoing appropriation item 200-433, Reading/Writing	73252
Improvement, up to $12,675,000 in each fiscal year shall be used	73253
for professional development in literacy for classroom teachers,	73254
administrators, and literacy specialists, and to provide intensive	73255
summer training for mathematics teachers.	73256

Of the foregoing appropriation item 200-433, Reading/Writing	73257
Improvement, $250,000 in each fiscal year shall be used to	73258
continue the Waterford Early Reading Program.	73259

Of the foregoing appropriation item 200-433, Reading/Writing	73260
Improvement, up to $1,000,000 in each fiscal year shall be used by	73261
the Department of Education to fund the Reading Recovery Training	73262
Network, to cover the cost of release time for the teacher	73263
trainers, and to provide grants to districts to implement other	73264
reading improvement programs on a pilot basis. Funds from this	73265
appropriation item also may be used to conduct evaluations of the	73266
impact and effectiveness of Reading Recovery and other reading	73267
improvement programs.	73268

The remainder of appropriation item 200-433, Reading/Writing	73269
Improvement, shall be used to support standards-based classroom	73270
reading and writing instruction and reading intervention and the	73271
design/development of standards-based literacy curriculum	73272
materials; to support literacy professional development	73273
partnerships between the Department of Education, higher education	73274
institutions, the literacy specialists project, the Ohio	73275
principals' literacy network, regional literacy teams, literacy	73276
networks, and school districts.	73277

STUDENT ASSESSMENT

73278

The foregoing appropriation item 200-437, Student Assessment,	73279
shall be used to develop, field test, print, distribute, score,	73280
report results, and support other associated costs for the tests	73281
required under sections 3301.0710 and 3301.0711 of the Revised	73282
Code and for similar purposes as required by section 3301.27 of	73283
the Revised Code.	73284

ACCOUNTABILITY/REPORT CARDS

73285

The foregoing appropriation item 200-439,	73286
Accountability/Report Cards, shall be used for the development of	73287
an accountability system that includes the preparation and	73288
distribution of school report cards pursuant to section 3302.03 of	73289
the Revised Code.	73290

AMERICAN SIGN LANGUAGE

73291

Of the foregoing appropriation item 200-441, American Sign	73292
Language, up to $136,943 in each fiscal year shall be used to	73293
implement pilot projects for the integration of American Sign	73294
Language deaf language into the kindergarten through twelfth-grade	73295
curriculum.	73296

The remainder of the appropriation shall be used by the	73297
Department of Education to provide supervision and consultation to	73298
school districts in dealing with parents of children who are deaf	73299
or hard of hearing, in integrating American Sign Language as a	73300
foreign language, and in obtaining interpreters and improving	73301
their skills.	73302

CHILD CARE LICENSING

73303

The foregoing appropriation item 200-442, Child Care	73304
Licensing, shall be used by the Department of Education to license	73305
and to inspect preschool and school-age child care programs in	73306
accordance with sections 3301.52 to 3301.59 of the Revised Code.	73307

OHIOREADS ADMIN/VOLUNTEER SUPPORT

73308

The foregoing appropriation item 200-445, OhioReads	73309
Admin/Volunteer Support, may be allocated by the OhioReads Office	73310
in the Department of Education at the direction of the OhioReads	73311
Council for volunteer coordinators in public school buildings, to	73312
educational service centers for costs associated with volunteer	73313
coordination, for background checks for volunteers, to evaluate	73314
the OhioReads Program, and for operating expenses associated with	73315
administering the program.	73316

Section 40.06. EDUCATION MANAGEMENT INFORMATION SYSTEM

73317

The foregoing appropriation item 200-446, Education	73318
Management Information System, shall be used by the Department of	73319
Education to improve the Education Management Information System	73320
(EMIS).	73321

Of the foregoing appropriation item 200-446, Education	73322
Management Information System, up to $1,295,857 in each fiscal	73323
year shall be distributed to designated data acquisition sites for	73324
costs relating to processing, storing, and transferring data for	73325
the effective operation of the EMIS. These costs may include, but	73326
are not limited to, personnel, hardware, software development,	73327
communications connectivity, professional development, and support	73328
services, and to provide services to participate in the State	73329
Education Technology Plan pursuant to section 3301.07 of the	73330
Revised Code.	73331

Of the foregoing appropriation item 200-446, Education	73332
Management Information System, up to $8,055,189 in each fiscal	73333
year shall be distributed on a per-pupil basis to school	73334
districts, community schools established under Chapter 3314. of	73335
the Revised Code, education service centers, joint vocational	73336
school districts, and any other education entity that reports data	73337
through EMIS. From this funding, each school district or community	73338
school established under Chapter 3314. of the Revised Code with	73339
enrollment greater than 100 students and each vocational school	73340
district shall receive a minimum of $5,000 in each fiscal year.	73341
Each school district or community school established under Chapter	73342
3314. of the Revised Code with enrollment between one and one	73343
hundred and each education service center and each county board of	73344
MR/DD that submits data through EMIS shall receive $3,000 in each	73345
fiscal year. This subsidy shall be used for costs relating to	73346
reporting, processing, storing, transferring, and exchanging data	73347
necessary to meet requirements of the Department of Education's	73348
data system.	73349

Of the foregoing appropriation item 200-446, Education	73350
Management Information System, $2,532,500 in each fiscal year	73351
shall be used by the Department of Education to phase in the	73352
Student Management Record System, as defined by the Department of	73353
Education, on a statewide basis. The Department of Education shall	73354
work with data acquisition sites and their member school districts	73355
and community schools to implement the software in five or more	73356
data acquisition sites in each fiscal year. On an annual basis,	73357
the Department of Education shall convene an advisory group of	73358
school districts and community schools to review the Student	73359
Management Record System for changes and enhancements and survey	73360
the industry to ensure that the Student Management Record System	73361
represents best practices and meets the needs of school districts.	73362

GED TESTING/ADULT HIGH SCHOOL

73363

The foregoing appropriation item 200-447, GED Testing/Adult	73364
High School, shall be used to provide General Educational	73365
Development (GED) testing at no cost to applicants, pursuant to	73366
rules adopted by the State Board of Education. The Department of	73367
Education shall reimburse school districts and community schools,	73368
created in accordance with Chapter 3314. of the Revised Code, for	73369
a portion of the costs incurred in providing summer instructional	73370
or intervention services to students who have not graduated due to	73371
their inability to pass one or more parts of the state's ninth	73372
grade proficiency test. School districts shall also provide such	73373
services to students who are residents of the district pursuant to	73374
section 3313.64 of the Revised Code, but who are enrolled in	73375
chartered, nonpublic schools. The services shall be provided in	73376
the public school, in nonpublic schools, in public centers, or in	73377
mobile units located on or off the nonpublic school premises. No	73378
school district shall provide summer instructional or intervention	73379
services to nonpublic school students as authorized by this	73380
section unless such services are available to students attending	73381
the public schools within the district. No school district shall	73382
provide services for use in religious courses, devotional	73383
exercises, religious training, or any other religious activity.	73384
Chartered, nonpublic schools shall pay for any unreimbursed costs	73385
incurred by school districts for providing summer instruction or	73386
intervention services to students enrolled in chartered, nonpublic	73387
schools. School districts may provide these services to students	73388
directly or contract with postsecondary or nonprofit	73389
community-based institutions in providing instruction. The	73390
appropriation also shall be used for state reimbursement to school	73391
districts for adult high school continuing education programs	73392
pursuant to section 3313.531 of the Revised Code or for costs	73393
associated with awarding adult high school diplomas under section	73394
3313.611 of the Revised Code.	73395

EDUCATOR PREPARATION

73396

The foregoing appropriation item 200-448, Educator	73397
Preparation, shall be used by the Ohio Teacher Education and	73398
Licensure Advisory Commission to carry out the responsibilities of	73399
the 21-member Ohio Teacher Education and Licensure Advisory	73400
Commission. The advisory commission is charged by the State Board	73401
of Education with considering all matters related to educator	73402
preparation and licensure, including standards for educator	73403
preparation and licensure, approval of institutions and programs,	73404
and recommending decisions to the State Board of Education.	73405

TITLE IV-A HEAD START AND TITLE IV-A HEAD START PLUS START UP

73406

The foregoing appropriation item 200-449, Head Start/Head	73407
Start Plus Start Up, shall be used to provide start up grants for	73408
Title IV-A reimbursable funding for the provision of services to	73409
children eligible for Title IV-A services. In fiscal year 2004,	73410
these grants shall be provided to Title IV-A Head Start agencies.	73411
In fiscal year 2005, these grants shall be provided to Title IV-A	73412
Head Start agencies and Title IV-A Head Start Plus agencies. The	73413
amount of each grant shall be determined by the Department of	73414
Education. Funds appropriated for this purpose shall be reimbursed	73415
to the General Revenue Fund when the Title IV-A Head Start or	73416
Title IV-A Head Start Plus programs cease or are no longer funded	73417
from Title IV-A. If one program ceases or is no longer funded with	73418
Title IV-A funds, the General Revenue Fund will be reimbursed for	73419
that program.	73420

If a Title IV-A Head Start agency or Title IV-A Head Start	73421
Plus agency chooses not to participate in the program or if the	73422
Department or Education suspends or terminates part or all of its	73423
funding, reimbursement owed to the grantee shall be held by the	73424
Department of Education up to the amount of the grant owed by the	73425
grantee. If insufficient reimbursement is available to recover the	73426
amount owed by the grantee, the grantee shall return the remaining	73427
balance within 60 days of the date of the decision not to	73428
participate, the suspension, or the termination. Funding recovered	73429
from such grantees shall be used by the Department of Education	73430
for supplying grants to new grantees for Title IV-A reimbursable	73431
funding for provision of services to children eligible for Title	73432
IV-A services. Any funding remaining when the Title IV-A Head	73433
Start and the Title IV-A Head Start Plus programs cease or are no	73434
longer funded with Title IV-A funds shall be returned to the	73435
General Revenue Fund.	73436

The Title IV-A Head Start Plus agency that is receiving funds	73437
to operate a Head Start program in accordance with section 3301.35	73438
of the Revised Code shall provide the program through contracts	73439
with child care providers licensed or certified in accordance with	73440
Chapter 5104. of the Revised Code. If a licensed or certified	73441
child care provider is not in operation or willing to participate	73442
and if eligible families are in need of full-day and full-year	73443
Head Start and child care services, the Title IV-A Head Start Plus	73444
agency may be the sole source provider.	73445

TEACHING SUCCESS COMMISSION INITIATIVES

73446

The foregoing appropriation item 200-452, Teaching Success	73447
Commission Initiatives, shall be used by the Department of	73448
Education to support initiatives recommended by the Governor's	73449
Commission on Teaching Success.	73450

COMMUNITY SCHOOLS

73451

Of the foregoing appropriation item 200-455, Community	73452
Schools, up to $1,308,661 in each fiscal year may be used by the	73453
Department of Education for additional services and	73454
responsibilities under section 3314.11 of the Revised Code.	73455

Of the foregoing appropriation item 200-455, Community	73456
Schools, up to $250,000 in each fiscal year may be used by the	73457
Department of Education for developing and conducting training	73458
sessions for sponsors and prospective sponsors of community	73459
schools as prescribed in division (A)(1) of section 3314.015 of	73460
the Revised Code. In developing such training sessions, the	73461
Department shall collect and disseminate examples of best	73462
practices used by sponsors of independent charter schools in Ohio	73463
and other states.	73464

The remaining appropriation may be used by the Department of	73465
Education to make grants of up to $50,000 to each proposing group	73466
with a preliminary agreement obtained under division (C)(2) of	73467
section 3314.02 of the Revised Code in order to defray planning	73468
and initial start-up costs. In the first year of operation of a	73469
community school, the Department of Education may make a grant of	73470
not more than $100,000 to the governing authority of the school to	73471
partially defray additional start-up costs. The amount of the	73472
grant shall be based on a thorough examination of the needs of the	73473
community school. The Department of Education shall not utilize	73474
moneys received under this section for any other purpose other	73475
than those specified under this section.	73476

A community school awarded start-up grants from appropriation	73477
item 200-613, Public Charter Schools (Fund 3T4), shall not be	73478
eligible for grants under this section.	73479

Section 40.07. SCHOOL FINANCE EQUITY

73480

The foregoing appropriation item 200-500, School Finance	73481
Equity, shall be distributed to school districts based on the	73482
formula specified in section 3317.0213 of the Revised Code.	73483

Section 40.08. BASE COST FUNDING

73484

The foregoing appropriation item 200-501, Base Cost Funding,	73485
includes $90,000,000 in each fiscal year for the state education	73486
aid offset due to the change in public utility valuation as a	73487
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	73488
General Assembly. This amount represents the total state education	73489
aid offset due to the valuation change for school districts and	73490
joint vocational school districts from all relevant appropriation	73491
line item sources. If it is determined that the state education	73492
aid offset is more than $90,000,000, the Controlling Board may	73493
increase the appropriation for appropriation item 200-501, Base	73494
Cost Funding, by the difference amount if presented with such a	73495
request from the Department of Education. The appropriation	73496
increase, if any, is hereby appropriated. If it is determined that	73497
the state education aid offset is less than $90,000,000, the	73498
Director of Budget and Management shall then reduce the	73499
appropriation for appropriation item 200-501, Base Cost Funding,	73500
by the difference amount and notify the Controlling Board of this	73501
action. The appropriation decrease determined by the Director of	73502
Budget and Management, if any, is hereby approved, and	73503
appropriations are hereby reduced by the amount determined.	73504

Of the foregoing appropriation item 200-501, Base Cost	73505
Funding, up to $425,000 shall be expended in each fiscal year for	73506
court payments pursuant to section 2151.357 of the Revised Code;	73507
an amount shall be available in each fiscal year for the cost of	73508
reappraisal guarantee pursuant to section 3317.04 of the Revised	73509
Code; an amount shall be available in each fiscal year to fund up	73510
to 225 full-time equivalent approved GRADS teacher grants pursuant	73511
to division (R) of section 3317.024 of the Revised Code; an amount	73512
shall be available in each fiscal year to make payments to school	73513
districts pursuant to division (A)(2) of section 3317.022 of the	73514
Revised Code; an amount shall be available in each fiscal year to	73515
make payments to school districts pursuant to division (F) of	73516
section 3317.022 of the Revised Code; an amount shall be available	73517
in each fiscal year to make payments to school districts pursuant	73518
to division (C) of section 3317.0212 of the Revised Code; and up	73519
to $15,000,000 in each fiscal year shall be reserved for payments	73520
pursuant to sections 3317.026, 3317.027, and 3317.028 of the	73521
Revised Code except that the Controlling Board may increase the	73522
$15,000,000 amount if presented with such a request from the	73523
Department of Education. Of the foregoing appropriation item	73524
200-501, Base Cost Funding, up to $15,000,000 in each fiscal year	73525
shall be used to provide additional state aid to school districts	73526
for special education students pursuant to division (C)(3) of	73527
section 3317.022 of the Revised Code; up to $2,000,000 in each	73528
fiscal year shall be reserved for Youth Services tuition payments	73529
pursuant to section 3317.024 of the Revised Code; and up to	73530
$52,000,000 in each fiscal year shall be reserved to fund the	73531
state reimbursement of educational service centers pursuant to	73532
section 3317.11 of the Revised Code and the section of this act	73533
entitled "EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be	73534
available for special education weighted funding pursuant to	73535
division (C)(1) of section 3317.022 and division (D)(1) of section	73536
3317.16 of the Revised Code.	73537

Of the foregoing appropriation item 200-501, Base Cost	73538
Funding, up to $1,000,000 in each fiscal year shall be used by the	73539
Department of Education for a pilot program to pay for educational	73540
services for youth who have been assigned by a juvenile court or	73541
other authorized agency to any of the facilities described in	73542
division (A) of the section titled "Private Treatment Facility	73543
Pilot Project."	73544

The remaining portion of appropriation item 200-501, Base	73545
Cost Funding, shall be expended for the public schools of city,	73546
local, exempted village, and joint vocational school districts,	73547
including base cost funding, special education speech service	73548
enhancement funding, career-technical education weight funding,	73549
career-technical education associated service funding, guarantee	73550
funding, and teacher training and experience funding pursuant to	73551
sections 3317.022, 3317.023, 3317.0212, and 3317.16 of the Revised	73552
Code.	73553

Appropriation items 200-500, School Finance Equity, 200-501,	73554
Base Cost Funding, 200-502, Pupil Transportation, 200-520,	73555
Disadvantaged Pupil Impact Aid, 200-521, Gifted Pupil Program,	73556
200-525, Parity Aid, and 200-546, Charge-Off Supplement, other	73557
than specific set-asides, are collectively used in fiscal year	73558
2004 to pay state formula aid obligations for school districts and	73559
joint vocational school districts pursuant to Chapter 3317. of the	73560
Revised Code. The first priority of these appropriation items,	73561
with the exception of specific set-asides, is to fund state	73562
formula aid obligations under Chapter 3317. of the Revised Code.	73563
It may be necessary to reallocate funds among these appropriation	73564
items in order to meet state formula aid obligations. If it is	73565
determined that it is necessary to transfer funds among these	73566
appropriation items to meet state formula aid obligations, the	73567
Department of Education shall seek approval from the Controlling	73568
Board to transfer funds among these appropriation items.	73569

Section 40.09. PUPIL TRANSPORTATION

73570

Of the foregoing appropriation item 200-502, Pupil	73571
Transportation, up to $822,400 in each fiscal year may be used by	73572
the Department of Education for training prospective and	73573
experienced school bus drivers in accordance with training	73574
programs prescribed by the Department. Up to $56,975,910 in each	73575
fiscal year may be used by the Department of Education for special	73576
education transportation reimbursements to school districts and	73577
county MR/DD boards for transportation operating costs as provided	73578
in division (M) of section 3317.024 of the Revised Code. The	73579
remainder of appropriation item 200-502, Pupil Transportation,	73580
shall be used for the state reimbursement of public school	73581
districts' costs in transporting pupils to and from the school	73582
they attend in accordance with the district's policy, State Board	73583
of Education standards, and the Revised Code.	73584

BUS PURCHASE ALLOWANCE

73585

The foregoing appropriation item 200-503, Bus Purchase	73586
Allowance, shall be distributed to school districts, educational	73587
service centers, and county MR/DD boards pursuant to rules adopted	73588
under section 3317.07 of the Revised Code. Up to 28 per cent of	73589
the amount appropriated may be used to reimburse school districts	73590
and educational service centers for the purchase of buses to	73591
transport handicapped and nonpublic school students and to county	73592
MR/DD boards, the Ohio School for the Deaf, and the Ohio School	73593
for the Blind for the purchase of buses to transport handicapped	73594
students.	73595

SCHOOL LUNCH MATCH

73596

The foregoing appropriation item 200-505, School Lunch Match,	73597
shall be used to provide matching funds to obtain federal funds	73598
for the school lunch program.	73599

Section 40.10. ADULT LITERACY EDUCATION

73600

The foregoing appropriation item 200-509, Adult Literacy	73601
Education, shall be used to support adult basic and literacy	73602
education instructional programs and the State Literacy Resource	73603
Center Program.	73604

Of the foregoing appropriation item 200-509, Adult Literacy	73605
Education, up to $519,188 in each fiscal year shall be used for	73606
the support and operation of the State Literacy Resource Center.	73607

Of the foregoing appropriation item 200-509, Adult Literacy	73608
Education, $146,250 in each fiscal year shall be used to support	73609
initiatives for English as a second language programs in	73610
combination with citizenship. Funding shall be provided to	73611
organizations that received such funds during fiscal year 2003	73612
from appropriation item 200-570, School Improvement Incentive	73613
Grants.	73614

The remainder of the appropriation shall be used to continue	73615
to satisfy the state match and maintenance of effort requirements	73616
for the support and operation of the Department of	73617
Education-administered instructional grant program for adult basic	73618
and literacy education in accordance with the department's state	73619
plan for adult basic and literacy education as approved by the	73620
State Board of Education and the Secretary of the United States	73621
Department of Education.	73622

AUXILIARY SERVICES

73623

The foregoing appropriation item 200-511, Auxiliary Services,	73624
shall be used by the Department of Education for the purpose of	73625
implementing section 3317.06 of the Revised Code. Of the	73626
appropriation, up to $1,462,500 in each fiscal year may be used	73627
for payment of the Post-Secondary Enrollment Options Program for	73628
nonpublic students pursuant to section 3365.10 of the Revised	73629
Code.	73630

STUDENT INTERVENTION SERVICES

73631

The foregoing appropriation item 200-513, Student	73632
Intervention Services, shall be used to assist districts providing	73633
the intervention services specified in section 3313.608 of the	73634
Revised Code. The Department of Education shall establish	73635
guidelines for the use and distribution of these moneys. School	73636
districts receiving funds from this appropriation shall report to	73637
the Department of Education on how funds were used.	73638

POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION

73639

Of the foregoing appropriation item 200-514, Postsecondary	73640
Adult Career-Technical Education, $40,000 in each fiscal year	73641
shall be used for the statewide coordination of the activities of	73642
the Ohio Young Farmers.	73643

The remainder of appropriation item 200-514, Postsecondary	73644
Adult Career-Technical Education, shall be used by the State Board	73645
of Education to provide postsecondary adult career-technical	73646
education under sections 3313.52 and 3313.53 of the Revised Code.	73647

DISADVANTAGED PUPIL IMPACT AID

73648

Notwithstanding the distribution formula outlined in section	73649
3317.029 of the Revised Code, each school district shall receive	73650
an additional two per cent in Disadvantaged Pupil Impact Aid	73651
(DPIA) funding in fiscal year 2004 over what was received in	73652
fiscal year 2003 unless the district receives DPIA funding from	73653
the DPIA guarantee provision pursuant to division (B) of section	73654
3317.029 of the Revised Code in fiscal year 2003. For such a	73655
district, its DPIA funding in fiscal year 2004 shall equal the	73656
amount of DPIA funding the district received in fiscal year 2003.	73657

Notwithstanding the distribution formula outlined in section	73658
3317.029 of the Revised Code, each school district shall receive	73659
an additional two per cent in DPIA funding in fiscal year 2005	73660
over what was received in fiscal year 2004 unless the district	73661
receives DPIA funding from the DPIA guarantee provision pursuant	73662
to division (B) of section 3317.029 of the Revised Code in fiscal	73663
year 2003. For such a district, its DPIA funding in fiscal year	73664
2005 shall equal the amount of DPIA funding the district received	73665
in fiscal year 2004.	73666

School districts must continue to comply with all expenditure	73667
guidelines and restrictions outlined in divisions (F), (G), (I),	73668
and (K) of section 3317.029 of the Revised Code by assuming a two	73669
per cent increase in funds for each program outlined in divisions	73670
(C), (D), and (E) of section 3317.029 of the Revised Code and by	73671
assuming a DPIA index equivalent to the index calculated in fiscal	73672
year 2003.	73673

The Department of Education shall pay all-day, everyday	73674
kindergarten funding to all school districts in each fiscal year	73675
that qualified for and provided the service in fiscal year 2003	73676
pursuant to section 3317.029 of the Revised Code. School districts	73677
and community schools that did not have a DPIA allocation in	73678
fiscal year 2003 shall not receive an allocation in fiscal year	73679
2004 or fiscal year 2005.	73680

Of the foregoing appropriation item 200-520, Disadvantaged	73681
Pupil Impact Aid, up to $3,800,000 in each fiscal year shall be	73682
used for school breakfast programs. Of this amount, up to	73683
$1,000,000 shall be used in each fiscal year by the Department of	73684
Education for the purpose of increasing participation in child	73685
nutrition programs, particularly school breakfast and summer	73686
meals. The Department shall collaborate with the Children's Hunger	73687
Alliance in the outreach effort. The remainder of the	73688
appropriation shall be used to partially reimburse school	73689
buildings within school districts that are required to have a	73690
school breakfast program pursuant to section 3313.813 of the	73691
Revised Code, at a rate decided by the Department.	73692

Of the portion of the funds distributed to the Cleveland	73693
Municipal School District under this section, up to $11,901,887 in	73694
each fiscal year shall be used to operate the school choice	73695
program in the Cleveland Municipal School District pursuant to	73696
sections 3313.974 to 3313.979 of the Revised Code.	73697

Section 40.11. GIFTED PUPIL PROGRAM

73698

The foregoing appropriation item 200-521, Gifted Pupil	73699
Program, shall be used for gifted education units not to exceed	73700
1,110 in each fiscal year pursuant to division (P) of section	73701
3317.024 and division (F) of section 3317.05 of the Revised Code.	73702

Of the foregoing appropriation item 200-521, Gifted Pupil	73703
Program, up to $5,000,000 each in fiscal year may be used as an	73704
additional supplement for identifying gifted students pursuant to	73705
Chapter 3324. of the Revised Code.	73706

Of the foregoing appropriation item 200-521, Gifted Pupil	73707
Program, the Department of Education may expend up to $1,000,000	73708
in each fiscal year for the Summer Honors Institute for gifted	73709
freshman and sophomore high school students. Up to $600,000 in	73710
each fiscal year shall be used for research and demonstration	73711
projects. The Department of Education shall research and evaluate	73712
the effectiveness of gifted education programs in Ohio. Up to	73713
$70,000 in each fiscal year shall be used for the Ohio Summer	73714
School for the Gifted (Martin Essex Program).	73715

Section 40.12. PARITY AID

73716

The foregoing appropriation item 200-525, Parity Aid, shall	73717
be distributed to school districts based on the formulas specified	73718
in section 3317.0217 of the Revised Code.	73719

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

73720

The foregoing appropriation item 200-532, Nonpublic	73721
Administrative Cost Reimbursement, shall be used by the Department	73722
of Education for the purpose of implementing section 3317.063 of	73723
the Revised Code.	73724

Section 40.13. SPECIAL EDUCATION ENHANCEMENTS

73725

Of the foregoing appropriation item 200-540, Special	73726
Education Enhancements, up to $44,204,000 in fiscal year 2004 and	73727
up to $45,441,712 in fiscal year 2005 shall be used to fund	73728
special education and related services at county boards of mental	73729
retardation and developmental disabilities for eligible students	73730
under section 3317.20 of the Revised Code. Up to $2,452,125 shall	73731
be used in each fiscal year to fund special education classroom	73732
and related services units at institutions.	73733

Of the foregoing appropriation item 200-540, Special	73734
Education Enhancements, up to $2,906,875 in each fiscal year shall	73735
be used for home instruction for children with disabilities; up to	73736
$1,462,500 in each fiscal year shall be used for parent mentoring	73737
programs; and up to $2,783,396 in each fiscal year may be used for	73738
school psychology interns.	73739

Of the foregoing appropriation item 200-540, Special	73740
Education Enhancements, $3,406,090 in each fiscal year shall be	73741
used by the Department of Education to assist school districts in	73742
funding aides pursuant to paragraph (A)(3)(c)(i)(b) of rule	73743
3301-51-04 of the Administrative Code.	73744

Of the foregoing appropriation item 200-540, Special	73745
Education Enhancements, $78,384,498 in each fiscal year shall be	73746
distributed by the Department of Education to county boards of	73747
mental retardation and developmental disabilities, educational	73748
service centers, and school districts for preschool special	73749
education units and preschool supervisory units in accordance with	73750
section 3317.161 of the Revised Code. The department may reimburse	73751
county boards of mental retardation and developmental	73752
disabilities, educational service centers, and school districts	73753
for related services as defined in rule 3301-31-05 of the	73754
Administrative Code, for preschool occupational and physical	73755
therapy services provided by a physical therapy assistant and	73756
certified occupational therapy assistant, and for an instructional	73757
assistant. To the greatest extent possible, the Department of	73758
Education shall allocate these units to school districts and	73759
educational service centers. The Controlling Board may approve the	73760
transfer of unallocated funds from appropriation item 200-501,	73761
Base Cost Funding, to appropriation item 200-540, Special	73762
Education Enhancements, to fully fund existing units as necessary	73763
or to fully fund additional units. The Controlling Board may	73764
approve the transfer of unallocated funds from appropriation item	73765
200-540, Special Education Enhancements, to appropriation item	73766
200-501, Base Cost Funding, to fully fund the special education	73767
weight cost funding.	73768

The Department of Education shall require school districts,	73769
educational service centers, and county MR/DD boards serving	73770
preschool children with disabilities to document child progress	73771
using research-based indicators prescribed by the Department and	73772
report results annually. The reporting dates and methodology shall	73773
be determined by the Department.	73774

Of the foregoing appropriation item 200-540, Special	73775
Education Enhancements, $315,000 in each fiscal year shall be	73776
expended to conduct a demonstration project involving language and	73777
literacy intervention teams supporting student acquisition of	73778
language and literacy skills. The demonstration project shall	73779
demonstrate improvement of language and literacy skills of at-risk	73780
learners under the instruction of certified speech pathologists	73781
and educators. Baseline data shall be collected and comparison	73782
data for fiscal year 2004 and fiscal year 2005 shall be collected	73783
and reported to the Governor, Ohio Reads Council, Department of	73784
Education, and the General Assembly.	73785

Of the foregoing appropriation item 200-540, Special	73786
Education Enhancements, up to $500,000 in each fiscal year shall	73787
be used for the Research-Based Reading Mentoring Program.	73788

Of the foregoing appropriation item 200-540, Special	73789
Education Enhancements, $1,000,000 in each fiscal year shall be	73790
used to support the Bellefaire Jewish Children's Bureau.	73791

Section 40.14. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

73792

Of the foregoing appropriation item 200-545, Career-Technical	73793
Education Enhancements, up to $2,576,107 in each fiscal year shall	73794
be used to fund career-technical education units at institutions.	73795

Of the foregoing appropriation item 200-545, Career-Technical	73796
Education Enhancements, up to $2,925,000 in each fiscal year shall	73797
be used by the Department of Education to fund competitive grants	73798
to tech prep consortia that expand the number of students enrolled	73799
in tech prep programs. These grant funds shall be used to directly	73800
support expanded tech prep programs, including equipment, provided	73801
to students enrolled in school districts, including joint	73802
vocational school districts, and affiliated higher education	73803
institutions.	73804

Of the foregoing appropriation item 200-545, Career-Technical	73805
Education Enhancements, $2,225,000 in each fiscal year shall be	73806
used for the replacement or updating of equipment on the basis of	73807
the number of full-time equivalent workforce development teachers	73808
in all eligible districts making application for funds.	73809

Equipment funds allotted shall be provided to a school	73810
district using the state share percentage as provided in division	73811
(B)(2) of section 3317.022 of the Revised Code.	73812

Of the foregoing appropriation item 200-545, Career-Technical	73813
Education Enhancements, up to $3,650,000 in each fiscal year shall	73814
be used by the Department of Education to support existing High	73815
Schools That Work (HSTW) sites, develop and support new sites,	73816
fund technical assistance, and support regional centers and middle	73817
school programs. The purpose of HSTW is to combine challenging	73818
academic courses and modern career-technical studies to raise the	73819
academic achievement of students. It provides intensive technical	73820
assistance, focused staff development, targeted assessment	73821
services, and ongoing communications and networking opportunities.	73822

Of the foregoing appropriation item 200-545, Career-Technical	73823
Education Enhancements, $2,400,000 in each fiscal year shall be	73824
used for K-12 career development.	73825

Of the foregoing appropriation item 200-545, Career-Technical	73826
Education Enhancements, up to $496,800 in each fiscal year shall	73827
be allocated for the Ohio Career Information System (OCIS) and	73828
used for the dissemination of career information data to public	73829
schools, libraries, rehabilitation centers, two- and four-year	73830
colleges and universities, and other governmental units.	73831

Of the foregoing appropriation item 200-545, Career-Technical	73832
Educational Enhancements, $300,000 in each fiscal year shall be	73833
used by the Department of Education to enable students in	73834
agricultural programs to enroll in a fifth quarter of instruction	73835
based on the agricultural education model of delivering work-based	73836
learning through supervised agricultural experience. The	73837
Department of Education shall determine eligibility criteria and	73838
the reporting process for the Agriculture 5th Quarter Project and	73839
shall fund as many programs as possible given the $300,000 set	73840
aside.	73841

Section 40.15. CHARGE-OFF SUPPLEMENT

73842

The foregoing appropriation item 200-546, Charge-Off	73843
Supplement, shall be used by the Department of Education to make	73844
payments pursuant to section 3317.0216 of the Revised Code.	73845

EMERGENCY LOAN INTEREST SUBSIDY

73846

The foregoing appropriation item 200-558, Emergency Loan	73847
Interest Subsidy, shall be used to provide a subsidy to school	73848
districts receiving emergency school loans pursuant to section	73849
3313.484 of the Revised Code. The subsidy shall be used to pay	73850
these districts the difference between the amount of interest the	73851
district is paying on an emergency loan, and the interest that the	73852
district would have paid if the interest rate on the loan had been	73853
two per cent.	73854

Section 40.16. OHIOREADS GRANTS

73855

Of the foregoing appropriation item 200-566, OhioReads	73856
Grants, the OhioReads Office in the Department of Education may	73857
use up to $2,125,223 in fiscal year 2004 and up to $2,167,728 in	73858
fiscal year 2005 to fund the STARS program.	73859

The remainder of the foregoing appropriation item 200-566,	73860
OhioReads Grants, shall be disbursed by the OhioReads Office in	73861
the Department of Education at the direction of the OhioReads	73862
Council to provide grants to public schools in city, local, and	73863
exempted village school districts; community schools; and	73864
educational service centers serving kindergarten through fourth	73865
grade students to support local reading literacy initiatives	73866
including reading programs, materials, professional development,	73867
tutoring, tutor recruitment and training, and parental	73868
involvement.	73869

Grants awarded by the OhioReads Council are intended to	73870
improve reading outcomes, especially on reading proficiency tests.	73871

SAFE AND SUPPORTIVE SCHOOLS

73872

Of the foregoing appropriation item 200-578, Safe and	73873
Supportive Schools, up to $224,250 in each fiscal year shall be	73874
used to fund a safe school center to provide resources for parents	73875
and for school and law enforcement personnel.	73876

Of the foregoing appropriation item 200-578, Safe and	73877
Supportive Schools, up to $20,000 in each fiscal year may be used	73878
by schools for the Eddie Eagle Gun Safety Pilot Program. School	73879
districts wishing to participate in the pilot program shall apply	73880
to the Department of Education under guidelines established by the	73881
Superintendent of Public Instruction.	73882

Of the foregoing appropriation item 200-578, Safe and	73883
Supportive Schools, up to $1,800,000 in each fiscal year shall be	73884
used for a safe school help line.	73885

The remainder of the appropriation shall be distributed based	73886
on guidelines developed by the Department of Education to enhance	73887
school safety. The guidelines shall provide a list of	73888
research-based best practices and programs from which local	73889
grantees shall select based on local needs. These practices shall	73890
include, but not be limited to, school resource officers and safe	73891
and drug free school coordinators and social-emotional development	73892
programs.	73893

Section 40.17. PROPERTY TAX ALLOCATION - EDUCATION

73894

The Superintendent of Public Instruction shall not request,	73895
and the Controlling Board shall not approve, the transfer of funds	73896
from appropriation item 200-901, Property Tax Allocation -	73897
Education, to any other appropriation item.	73898

The appropriation item 200-901, Property Tax Allocation -	73899
Education, is appropriated to pay for the state's costs incurred	73900
due to the homestead exemption and the property tax rollback. In	73901
cooperation with the Department of Taxation, the Department of	73902
Education shall distribute these funds directly to the appropriate	73903
school districts of the state, notwithstanding sections 321.24 and	73904
323.156 of the Revised Code, which provide for payment of the	73905
homestead exemption and property tax rollback by the Tax	73906
Commissioner to the appropriate county treasurer and the	73907
subsequent redistribution of these funds to the appropriate local	73908
taxing districts by the county auditor.	73909

Appropriation item 200-906, Tangible Tax Exemption -	73910
Education, is appropriated to pay for the state's costs incurred	73911
due to the tangible personal property tax exemption required by	73912
division (C)(3) of section 5709.01 of the Revised Code. In	73913
cooperation with the Department of Taxation, the Department of	73914
Education shall distribute to each county treasurer the total	73915
amount certified by the county treasurer pursuant to section	73916
319.311 of the Revised Code, for all school districts located in	73917
the county, notwithstanding the provision in section 319.311 of	73918
the Revised Code which provides for payment of the $10,000	73919
tangible personal property tax exemption by the Tax Commissioner	73920
to the appropriate county treasurer for all local taxing districts	73921
located in the county. Pursuant to division (G) of section 321.24	73922
of the Revised Code, the county auditor shall distribute the	73923
amount paid by the Department of Education among the appropriate	73924
school districts.	73925

Upon receipt of these amounts, each school district shall	73926
distribute the amount among the proper funds as if it had been	73927
paid as real or tangible personal property taxes. Payments for the	73928
costs of administration shall continue to be paid to the county	73929
treasurer and county auditor as provided for in sections 319.54,	73930
321.26, and 323.156 of the Revised Code.	73931

Any sums, in addition to the amounts specifically	73932
appropriated in appropriation items 200-901, Property Tax	73933
Allocation - Education, for the homestead exemption and the	73934
property tax rollback payments, and 200-906, Tangible Tax	73935
Exemption - Education, for the $10,000 tangible personal property	73936
tax exemption payments, which are determined to be necessary for	73937
these purposes, are hereby appropriated.	73938

Section 40.18. TEACHER CERTIFICATION AND LICENSURE

73939

The foregoing appropriation item 200-681, Teacher	73940
Certification and Licensure, shall be used by the Department of	73941
Education in each year of the biennium to administer teacher	73942
certification and licensure functions pursuant to sections	73943
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24	73944
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and	73945
3319.51 of the Revised Code.	73946

SCHOOL DISTRICT SOLVENCY ASSISTANCE

73947

Of the foregoing appropriation item 200-687, School District	73948
Solvency Assistance, $9,000,000 in each fiscal year shall be	73949
allocated to the School District Shared Resource Account and	73950
$9,000,000 in each fiscal year shall be allocated to the	73951
Catastrophic Expenditures Account. These funds shall be used to	73952
provide assistance and grants to school districts to enable them	73953
to remain solvent pursuant to section 3316.20 of the Revised Code.	73954
Assistance and grants shall be subject to approval by the	73955
Controlling Board. Any required reimbursements from school	73956
districts for solvency assistance shall be made to the appropriate	73957
account in the School District Solvency Assistance Fund (Fund	73958
5H3).	73959

Section 40.19. HEAD START PLUS/HEAD START

73960

There is hereby established the Title IV-A Head Start Program	73961
to be administered by the Department of Education in accordance	73962
with an interagency agreement entered into with the Department of	73963
Job and Family Services under division (A)(2) of section 5101.801	73964
of the Revised Code. The program shall provide benefits and	73965
services to TANF eligible individuals pursuant to the requirements	73966
of section 5101.801 of the Revised Code. Upon approval by the	73967
Department of Job and Family Services, the Department of Education	73968
shall adopt policies and procedures establishing program	73969
requirements for eligibility, services, fiscal accountability, and	73970
other criteria necessary to comply with the provisions of Title	73971
IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	73972
301, as amended.	73973

The foregoing appropriation item 200-663, Head Start	73974
Plus/Head Start, shall be used to reimburse Title IV-A Head Start	73975
Plus and Title IV-A Head Start programs for services to children.	73976
The Department of Education shall administer the Title IV-A Head	73977
Start Plus and Title IV-A Head Start programs in accordance with	73978
an interagency agreement between the Departments of Education and	73979
Job and Family Services. Title IV-A Head Start Plus and Title IV-A	73980
Head Start providers shall meet all requirements as outlined in	73981
section 3301.311 of the Revised Code. The Department of Education	73982
shall adopt policies and procedures to establish a procedure for	73983
approving Title IV-A Head Start Plus and Title IV-A Head Start	73984
agencies.	73985

Of the foregoing appropriation item 200-663, Head Start	73986
Plus/Head Start, up to $57,170,000 in fiscal year 2004 shall be	73987
used to support the Title IV-A Head Start program. Up to two	73988
percent of this amount may be used by the Department of Education	73989
to provide associated program support and technical assistance.	73990

Of the foregoing appropriation item 200-663, Head Start	73991
Plus/Head Start, up to $85,000,000 in fiscal year 2005 shall be	73992
used to support the Title IV-A Head Start Plus initiative. Title	73993
IV-A Head Start Plus shall provide up to 10,000 slots of full-day,	73994
full-year programming for children at least three years of age and	73995
not kindergarten age eligible. The program shall meet the child	73996
care needs of low-income families who meet eligibility	73997
requirements established in rules and administrative orders	73998
adopted by the Ohio Department of Job and Family Services and	73999
provide early education and comprehensive services as provided	74000
through the Head Start program before the enactment of this act.	74001

Of the foregoing appropriation item 200-663, Head Start	74002
Plus/Head Start, up to $23,184,000 in fiscal year 2005 shall be	74003
used to support the Title IV-A Head Start program. This funding	74004
shall be used to support up to 4,000 slots of traditional half-day	74005
center-based, home-based, combination, or locally-designed option,	74006
Title IV-A Head Start services.	74007

Of the foregoing appropriation line item 200-663, Head Start	74008
Plus/Head Start, up to $2,000,000 in fiscal year 2005 may be used	74009
by the Department of Education to provide associated program	74010
support and technical assistance.	74011

For purposes of this section, "eligible child" means a child	74012
who is at least three years of age and not of compulsory school	74013
age whose family earns not more than 100 per cent of the federal	74014
poverty level, except as otherwise provided in the following	74015
paragraph.	74016

The Department of Education, in consultation with Title IV-A	74017
Head Start agencies and, beginning in July 1, 2004, Title IV-A	74018
Head Start Plus agencies, shall establish criteria under which	74019
these agencies may apply to the Department for a waiver to include	74020
as "eligible children" those children from families earning up to	74021
the level of eligibility established for child care subsidy by the	74022
Department of Job and Family Services who otherwise qualify as	74023
"eligible children" under the preceding paragraph.	74024

In order to serve children whose families receive child care	74025
subsidy, Title IV-A Head Start agencies may enroll children whose	74026
families receive child care subsidy from the Ohio Department of	74027
Job and Family Services. Title IV-A Head Start agencies providing	74028
full-day, full-year comprehensive services, or otherwise meeting	74029
the child care needs of working families, may partner with child	74030
care centers or family day care homes or may access child care	74031
subsidy directly. This provision is to meet the child care needs	74032
of low-income families who are working, in training or education	74033
programs, or participating in Ohio Works First approved	74034
activities.	74035

For fiscal year 2005, the Department of Education shall	74036
conduct a head count of the number of children served by Head	74037
Start agencies under this program in December 2003. Any funding	74038
appropriated to this program which the Department of Education	74039
projects is not necessary to provide services to children enrolled	74040
as of that count shall be returned to the Department of Job and	74041
Family Services for use as child care assistance.	74042

The Department of Education shall provide an annual report to	74043
the Governor, the Speaker of the House of Representatives, the	74044
President of the Senate, the State Board of Education, Title IV-A	74045
Head Start Plus and Title IV-A Head Start providers, and other	74046
interested parties regarding the Title IV-A Head Start Plus and	74047
Title IV-A Head Start program and performance indicators as	74048
outlined by the Department of Education.	74049

JOBS FOR OHIO GRADUATES PROGRAM

74050

Pursuant to an interagency agreement entered into between the	74051
Department of Job and Family Services and the Department of	74052
Education, $1,750,000 from Workforce Investment Act funds (Fund	74053
3V0), reserved for statewide workforce investment activities, in	74054
fiscal year 2004 and fiscal year 2005, shall be used to support	74055
the Jobs for Ohio Graduates programs administered by the	74056
Department of Education.	74057

AUXILIARY SERVICES REIMBURSEMENT

74058

Notwithstanding section 3317.064 of the Revised Code, if the	74059
unobligated cash balance is sufficient, the Treasurer of State	74060
shall transfer $1,500,000 in fiscal year 2004 within thirty days	74061
after the effective date of this section and $1,500,000 in fiscal	74062
year 2005 by August 1, 2004, from the Auxiliary Services Personnel	74063
Unemployment Compensation Fund to the Department of Education's	74064
Auxiliary Services Reimbursement Fund (Fund 598).	74065

Section 40.20. LOTTERY PROFITS EDUCATION FUND

74066

Appropriation item 200-612, Base Cost Funding (Fund 017),	74067
shall be used in conjunction with appropriation item 200-501, Base	74068
Cost Funding (GRF), to provide payments to school districts	74069
pursuant to Chapter 3317. of the Revised Code.	74070

The Department of Education, with the approval of the	74071
Director of Budget and Management, shall determine the monthly	74072
distribution schedules of appropriation item 200-501, Base Cost	74073
Funding (GRF), and appropriation item 200-612, Base Cost Funding	74074
(Fund 017). If adjustments to the monthly distribution schedule	74075
are necessary, the Department of Education shall make such	74076
adjustments with the approval of the Director of Budget and	74077
Management.	74078

The Director of Budget and Management shall transfer via	74079
intrastate transfer voucher the amount appropriated under the	74080
Lottery Profits Education Fund for appropriation item 200-682,	74081
Lease Rental Payment Reimbursement, to the General Revenue Fund on	74082
a schedule determined by the director. These funds shall support	74083
the appropriation item 230-428, Lease Rental Payments (GRF), of	74084
the School Facilities Commission.	74085

* LOTTERY PROFITS TRANSFERS

74086

On or before the first day of May of each fiscal year, the	74087
Director of Budget and Management shall determine if lottery	74088
profits transfers will meet the appropriation amounts from the	74089
Lottery Profits Education Fund.	74090

Section 40.21. LOTTERY PROFITS EDUCATION RESERVE FUND

74091

(A) There is hereby created the Lottery Profits Education	74092
Reserve Fund (Fund 018) in the State Treasury. At no time shall	74093
the amount to the credit of the fund exceed $75,000,000.	74094
Investment earnings of the Lottery Profits Education Reserve Fund	74095
shall be credited to the fund. Notwithstanding any provisions of	74096
law to the contrary, for fiscal years 2004 and 2005, there is	74097
appropriated to the Department of Education, from the Lottery	74098
Profits Education Reserve Fund, an amount necessary to make loans	74099
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	74100
Revised Code. All loan repayments from loans made in fiscal years	74101
1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 shall be	74102
deposited into the credit of the Lottery Profits Education Reserve	74103
Fund.	74104

(B)(1) On or before July 15, 2003, the Director of Budget and	74105
Management shall determine the amount by which lottery profit	74106
transfers received by the Lottery Profits Education Fund for	74107
fiscal year 2003 exceed $637,722,600. The amount so certified	74108
shall be distributed in fiscal year 2004 pursuant to division (C)	74109
of this section.	74110

(2) On or before July 15, 2004, the Director of Budget and	74111
Management shall determine the amount by which lottery profit	74112
transfers received by the Lottery Profits Education Fund for	74113
fiscal year 2004 exceed $637,900,000. The amount so determined	74114
shall be distributed in fiscal year 2005 pursuant to division (D)	74115
of this section.	74116

The Director of Budget and Management shall annually certify	74117
the amounts determined pursuant to this section to the Speaker of	74118
the House of Representatives and the President of the Senate.	74119

(C) In fiscal year 2004, if there is a balance in the Lottery	74120
Profits Education Fund, the moneys shall be allocated as provided	74121
in this division. Any amounts so allocated are appropriated.	74122

An amount equal to five per cent of the estimated lottery	74123
profits of $637,722,600 in fiscal year 2003 or the amount	74124
remaining in the fund, whichever is the lesser amount, shall be	74125
transferred to the Lottery Profits Education Reserve Fund within	74126
the limitations specified in division (A) of this section and be	74127
reserved and shall not be available for allocation or distribution	74128
during fiscal year 2004. Any amounts exceeding $75,000,000 shall	74129
be distributed pursuant to division (E) of this section.	74130

(D) In fiscal year 2005, if there is a balance in the Lottery	74131
Profits Education Fund, the moneys shall be allocated as provided	74132
in this division. Any amounts so allocated are appropriated.	74133

An amount equal to five per cent of the estimated lottery	74134
profits transfers of $637,900,000 in fiscal year 2004 or the	74135
amount remaining in the fund, whichever is the lesser amount,	74136
shall be transferred to the Lottery Profits Education Reserve Fund	74137
within the limitations specified in division (A) of this section	74138
and be reserved and shall not be available for allocation or	74139
distribution during fiscal year 2005. Any amounts exceeding	74140
$75,000,000 shall be distributed pursuant to division (E) of this	74141
section.	74142

(E) In the appropriate fiscal year, any remaining amounts	74143
after the operations required by division (C) or (D) of this	74144
section, respectively, shall be transferred to the Public School	74145
Building Fund (Fund 021) and such amount is appropriated to	74146
appropriation item CAP-622, Public School Buildings, in the School	74147
Facilities Commission.	74148

Section 40.22. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT

74149

The foregoing appropriation item 200-900, School District	74150
Property Tax Replacement, shall be used by the Department of	74151
Education, in consultation with the Department of Taxation, to	74152
make payments to school districts and joint vocational school	74153
districts pursuant to section 5727.85 of the Revised Code.	74154

Section 40.23. * DISTRIBUTION FORMULAS

74155

The Department of Education shall report the following to the	74156
Director of Budget and Management, the Legislative Office of	74157
Education Oversight, and the Legislative Service Commission:	74158

(A) Changes in formulas for distributing state	74159
appropriations, including administratively defined formula	74160
factors;	74161

(B) Discretionary changes in formulas for distributing	74162
federal appropriations;	74163

(C) Federally mandated changes in formulas for distributing	74164
federal appropriations.	74165

Any such changes shall be reported two weeks prior to the	74166
effective date of the change.	74167

Section 40.24. DISTRIBUTION - SCHOOL DISTRICT SUBSIDY	74168
PAYMENTS	74169

This section shall not take effect unless the Director of	74170
Budget and Management adopts an order putting it into effect and	74171
certifies a copy of the order to the Superintendent of Public	74172
Instruction and the Controlling Board.	74173

Notwithstanding any other provision of the Revised Code, the	74174
monthly distribution of payments made to school districts and	74175
educational service centers pursuant to section 3317.01 of the	74176
Revised Code for the first six months of each fiscal year shall	74177
equal, as nearly as possible, six and two-thirds per cent of the	74178
estimate of the amounts payable for each fiscal year. The monthly	74179
distribution of payments for the last six months of each fiscal	74180
year shall equal, as nearly as possible, ten per cent of the final	74181
calculation of the amounts payable to each school district for	74182
that fiscal year.	74183

The treasurer of each school district or educational service	74184
center may accrue, in addition to the payments defined in this	74185
section, to the accounts of the calendar years that end during	74186
each fiscal year, the difference between the sum of the first six	74187
months' payments in each fiscal year and the amounts the district	74188
would have received had the payments been made in, as nearly as	74189
possible in each fiscal year, twelve equal monthly payments.	74190

Notwithstanding the limitations on the amount of borrowing	74191
and time of payment provided for in section 133.10 of the Revised	74192
Code but subject to sections 133.26 and 133.30 of the Revised	74193
Code, a board of education of a school district may at any time	74194
between July 1, 2003, and December 31, 2003, or at any time	74195
between July 1, 2004, and December 31, 2004, borrow money to pay	74196
any necessary and actual expenses of the school district during	74197
the last six months of calendar years 2003 and 2004 and in	74198
anticipation of the receipt of any portion of the payments to be	74199
received by that district in the first six months of calendar	74200
years 2004 and 2005 representing the respective amounts accrued	74201
pursuant to the preceding paragraph, and issue notes to evidence	74202
that borrowing to mature not later than the thirtieth day of June	74203
of the calendar year following the calendar year in which such	74204
amount was borrowed. The principal amount borrowed in the last six	74205
months of calendar years 2003 or 2004 under this paragraph may not	74206
exceed the entire amount accrued or to be accrued by the district	74207
treasurer in those calendar years pursuant to the preceding	74208
paragraph. The proceeds of the notes shall be used only for the	74209
purposes for which the anticipated receipts are lawfully	74210
appropriated by the board of education. No board of education	74211
shall be required to use the authority granted by this paragraph.	74212
The receipts so anticipated, and additional amounts from	74213
distributions to the districts in the first six months of calendar	74214
years 2004 and 2005 pursuant to Chapter 3317. of the Revised Code	74215
needed to pay the interest on the notes, shall be deemed	74216
appropriated by the board of education to the extent necessary for	74217
the payment of the principal of and interest on the notes at	74218
maturity, and the amounts necessary to make those monthly	74219
distributions are appropriated from the General Revenue Fund. For	74220
the purpose of better ensuring the prompt payment of principal of	74221
and interest on the notes when due, the resolution of the board of	74222
education authorizing the notes may direct that the amount of the	74223
receipts anticipated, together with those additional amounts	74224
needed to pay the interest on the borrowed amounts, shall be	74225
deposited and segregated, in trust or otherwise, to the extent, at	74226
the time or times, and in the manner provided in that resolution.	74227
The borrowing authorized by this section does not constitute debt	74228
for purposes of section 133.04 of the Revised Code. School	74229
districts shall be reimbursed by the state for all necessary and	74230
actual costs to districts arising from this provision, including,	74231
without limitation, the interest paid on the notes while the notes	74232
are outstanding. The Department of Education shall adopt rules	74233
that are not inconsistent with this section for school district	74234
eligibility and application for reimbursement of such costs.	74235
Payments of these costs shall be made out of any anticipated	74236
balances in appropriation items distributed under Chapter 3317. of	74237
the Revised Code. The department shall submit all requests for	74238
reimbursement under these provisions to the Controlling Board for	74239
approval.	74240

During the last six months of each calendar year, instead of	74241
deducting the amount the Superintendent of Public Instruction	74242
would otherwise deduct from a school district's or educational	74243
service center's state aid payments in accordance with the	74244
certifications made for such year pursuant to sections 3307.56 and	74245
3309.51 of the Revised Code, the superintendent shall deduct an	74246
amount equal to forty per cent of the amount so certified. The	74247
secretaries of the retirement systems shall compute the	74248
certifications for the ensuing year under such sections as if the	74249
entire amounts certified as due in the calendar year ending the	74250
current fiscal year, but not deducted pursuant to this paragraph,	74251
had been deducted and paid in that calendar year. During the first	74252
six months of the ensuing calendar year, in addition to deducting	74253
the amounts the Superintendent of Public Instruction is required	74254
to deduct under such sections during such period, the	74255
superintendent shall deduct from a district's or educational	74256
service center's state aid payments an additional amount equal to	74257
the amount that was certified as due from the district for the	74258
calendar year that ends during the fiscal year, but that was not	74259
deducted because of this paragraph. The superintendent's	74260
certifications to the Director of Budget and Management during the	74261
first six months of the calendar year shall reflect such	74262
additional deduction.	74263

Section 40.25. EDUCATIONAL SERVICE CENTERS FUNDING

74264

(A) As used in this section:

74265

(1) "Internet- or computer-based community school" has the	74266
same meaning as in section 3314.02 of the Revised Code.	74267

(2) "Service center ADM" has the same meaning as in section	74268
3317.11 of the Revised Code.	74269

(B) Notwithstanding division (F) of section 3317.11 of the	74270
Revised Code, no funds shall be provided undert that division to	74271
an educational service center in either fiscal year for any pupils	74272
of a city or exempted village school district unless an agreement	74273
to provide services under section 3313.843 of the Revised Code was	74274
entered into by January 1, 1997, except that funds shall be	74275
provided to an educational service center for any pupils of a city	74276
school district if the agreement to provide services was entered	74277
into within one year of the date upon which such district changed	74278
from a local school district to a city school district.	74279

(C) Notwithstanding any provision of the Revised Code to the	74280
contrary, an educational service center that sponsors a community	74281
school under Chapter 3314. of the Revised Code in either fiscal	74282
year may include the students of that community school in its	74283
service center ADM for purposes of state funding under division	74284
(F) of section 3317.11 of the Revised Code, unless the community	74285
school is an Internet- or computer-based community school. A	74286
service center shall include the community school students in its	74287
service center ADM only to the extent that the students are not	74288
already so included, and only in accordance with guidelines issued	74289
by the Department of Education. If the students of a community	74290
school sponsored by an educational service center are included in	74291
the service center ADM of another educational service center,	74292
those students shall be removed from the service center ADM of the	74293
other educational service center and added to the service center	74294
ADM of the community school's sponsoring service center. The	74295
General Assembly authorizes this procedure as an incentive for	74296
educational service centers to take over sponsorship of community	74297
schools from the State Board of Education as the State Board's	74298
sponsorship is phased out in accordance with Sub. H.B. 364 of the	74299
124th General Assembly. No student of an Internet- or	74300
computer-based community school shall be counted in the service	74301
center ADM of any educational service center. The Department shall	74302
pay educational service centers under division (F) of section	74303
3317.11 of the Revised Code for community school students included	74304
in their service center ADMs under this division only if	74305
sufficient funds earmarked within appropriation item 200-501, Base	74306
Cost Funding, for payments under that division remain after first	74307
paying for students attributable to their local and client school	74308
districts, in accordance with divisions (B) and (D) of this	74309
section.	74310

(D) If insufficient funds are earmarked within appropriation	74311
item 200-501, Base Cost Funding, for payments under division (F)	74312
of section 3317.11 of the Revised Code and division (C) of this	74313
section in fiscal year 2004 or fiscal year 2005, the Department	74314
shall prioritize the distribution of the earmarked funds as	74315
follows:	74316

(1) The Department shall first distribute to each educational	74317
service center $37 for each student in its service center ADM	74318
attributable to the local school districts within the service	74319
center's territory.	74320

(2) The Department shall distribute the remaining funds in	74321
each fiscal year proportionally, on a per-student basis, to each	74322
educational service center for the students in its service center	74323
ADM attributable to each city and exempted village school district	74324
that had entered into an agreement with an educational service	74325
center for that fiscal year under section 3313.843 of the Revised	74326
Code by January 1, 1997.	74327

(3) If the Department has paid each service center the full	74328
$37 per student under divisions (D)(1) and (2) of this section,	74329
the Department shall distribute any remaining funds	74330
proportionally, on a per-student basis, to each service center	74331
that sponsors a community school, other than an Internet- or	74332
computer-based community school, for the students included in the	74333
service center ADM under division (C) of this section. These	74334
payments shall not exceed $37 per student.	74335

Section 40.26. * For the school year commencing July 1, 2003,	74336
or the school year commencing July 1, 2004, or both, the	74337
Superintendent of Public Instruction may waive for the board of	74338
education of any school district the ratio of teachers to pupils	74339
in kindergarten through fourth grade required under paragraph	74340
(A)(3) of rule 3301-35-05 of the Administrative Code if the	74341
following conditions apply:	74342

(A) The board of education requests the waiver.

74343

(B) After the Department of Education conducts an on-site	74344
evaluation of the district related to meeting the required ratio,	74345
the board of education demonstrates to the satisfaction of the	74346
Superintendent of Public Instruction that providing the facilities	74347
necessary to meet the required ratio during the district's regular	74348
school hours with pupils in attendance would impose an extreme	74349
hardship on the district.	74350

(C) The board of education provides assurances that are	74351
satisfactory to the Superintendent of Public Instruction that the	74352
board will act in good faith to meet the required ratio as soon as	74353
possible.	74354

Section 40.27. PRIVATE TREATMENT FACILITY PILOT PROJECT

74355

(A) As used in this section:

74356

(1) The following are "participating residential treatment	74357
centers":	74358

(a) Private residential treatment facilities that have	74359
entered into a contract with the Department of Youth Services to	74360
provide services to children placed at the facility by the	74361
Department and which, in fiscal year 2004 or fiscal year 2005 or	74362
both, the Department pays through appropriation item 470-401, Care	74363
and Custody;	74364

(b) Abraxas, in Shelby;

74365

74366

(d) Act One, in Akron;

74367

(e) Friars Club, in Cincinnati.

74368

(2) "Education program" means an elementary or secondary	74369
education program or a special education program and related	74370
services.	74371

(3) "Served child" means any child receiving an education	74372
program pursuant to division (B) of this section.	74373

(4) "School district responsible for tuition" means a city,	74374
exempted village, or local school district that, if tuition	74375
payment for a child by a school district is required under law	74376
that existed in fiscal year 1998, is the school district required	74377
to pay that tuition.	74378

(5) "Residential child" means a child who resides in a	74379
participating residential treatment center and who is receiving an	74380
educational program under division (B) of this section.	74381

(B) A youth who is a resident of the state and has been	74382
assigned by a juvenile court or other authorized agency to a	74383
residential treatment facility specified in division (A) of this	74384
section shall be enrolled in an approved educational program	74385
located in or near the facility. Approval of the educational	74386
program shall be contingent upon compliance with the criteria	74387
established for such programs by the Department of Education. The	74388
educational program shall be provided by a school district or	74389
educational service center, or by the residential facility itself.	74390
Maximum flexibility shall be given to the residential treatment	74391
facility to determine the provider. In the event that a voluntary	74392
agreement cannot be reached and the residential facility does not	74393
choose to provide the educational program, the educational service	74394
center in the county in which the facility is located shall	74395
provide the educational program at the treatment center to	74396
children under twenty-two years of age residing in the treatment	74397
center.	74398

(C) Any school district responsible for tuition for a	74399
residential child shall, notwithstanding any conflicting provision	74400
of the Revised Code regarding tuition payment, pay tuition for the	74401
child for fiscal year 2004 and fiscal year 2005 to the education	74402
program provider and in the amount specified in this division. If	74403
there is no school district responsible for tuition for a	74404
residential child and if the participating residential treatment	74405
center to which the child is assigned is located in the city,	74406
exempted village, or local school district that, if the child were	74407
not a resident of that treatment center, would be the school	74408
district where the child is entitled to attend school under	74409
sections 3313.64 and 3313.65 of the Revised Code, that school	74410
district, notwithstanding any conflicting provision of the Revised	74411
Code, shall pay tuition for the child for fiscal year 2004 and	74412
fiscal year 2005 under this division unless that school district	74413
is providing the educational program to the child under division	74414
(B) of this section.	74415

A tuition payment under this division shall be made to the	74416
school district, educational service center, or residential	74417
treatment facility providing the educational program to the child.	74418

The amount of tuition paid shall be:

74419

(1) The amount of tuition determined for the district under	74420
division (A) of section 3317.08 of the Revised Code;	74421

(2) In addition, for any student receiving special education	74422
pursuant to an individualized education program as defined in	74423
section 3323.01 of the Revised Code, a payment for excess costs.	74424
This payment shall equal the actual cost to the school district,	74425
educational service center, or residential treatment facility of	74426
providing special education and related services to the student	74427
pursuant to the student's individualized education program, minus	74428
the tuition paid for the child under division (C)(1) of this	74429
section.	74430

A school district paying tuition under this division shall	74431
not include the child for whom tuition is paid in the district's	74432
average daily membership certified under division (A) of section	74433
3317.03 of the Revised Code.	74434

(D) In each of fiscal years 2004 and 2005, the Department of	74435
Education shall reimburse, from appropriations made for the	74436
purpose, a school district, educational service center, or	74437
residential treatment facility, whichever is providing the	74438
service, that has demonstrated that it is in compliance with the	74439
funding criteria for each served child for whom a school district	74440
must pay tuition under division (C) of this section. The amount of	74441
the reimbursement shall be the formula amount specified in section	74442
3317.022 of the Revised Code, except that the department shall	74443
proportionately reduce this reimbursement if sufficient funds are	74444
not available to pay this amount to all qualified providers.	74445

(E) Funds provided to a school district, educational service	74446
center, or residential treatment facility under this section shall	74447
be used to supplement, not supplant, funds from other public	74448
sources for which the school district, service center, or	74449
residential treatment facility is entitled or eligible.	74450

(F) The Department of Education shall track the utilization	74451
of funds provided to school districts, educational service	74452
centers, and residential treatment facilities under this section	74453
and monitor the effect of the funding on the educational programs	74454
they provide in participating residential treatment facilities.	74455
The department shall monitor the programs for educational	74456
accountability.	74457

Section 40.28. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	74458
ASSESSMENT OF EDUCATION PROGRESS	74459

The General Assembly intends for the Superintendent of Public	74460
Instruction to provide for school district participation in the	74461
administration of the National Assessment of Education Progress in	74462
accordance with section 3301.27 of the Revised Code. Each school	74463
and school district selected for participation by the	74464
Superintendent of Public Instruction shall participate.	74465

Section 40.29. Notwithstanding division (C)(1) of section	74466
3313.975 of the Revised Code, in addition to students in	74467
kindergarten through third grade, initial scholarships may be	74468
awarded to fourth, fifth, sixth, seventh, and eighth grade	74469
students in fiscal year 2004 and in fiscal year 2005.	74470

Section 40.30. STATEMENT OF STATE SHARE PERCENTAGE FOR BASE	74471
COST AND PARITY AID FUNDING	74472

Pursuant to division (D)(3) of section 3317.012 of the	74473
Revised Code, and based on the most recent data available prior to	74474
the enactment of this act, the General Assembly has determined	74475
that the state share percentage of base cost and parity aid	74476
funding for the update year (fiscal year 2002) is 49.0%. This is	74477
the target percentage for fiscal year 2004 and fiscal year 2005	74478
that the General Assembly shall use to fulfill its obligation	74479
under division (D)(4) of section 3317.012 of the Revised Code.	74480

Pursuant to division (D)(4) of section 3317.012 of the	74481
Revised Code, and based on the most recent data available prior to	74482
the enactment of this act, the General Assembly has determined	74483
that the state share percentage of base cost and parity aid	74484
funding for fiscal year 2004 is 46.5% and for fiscal year 2005 is	74485
48.6%. This determination fulfills the General Assembly's	74486
obligation under that division for fiscal year 2004 and fiscal	74487
year 2005.	74488

Section 40.31. DEPARTMENT OF EDUCATION APPROPRIATION	74489
TRANSFERS FOR STUDENT ASSESSMENT	74490

In fiscal year 2004 and fiscal year 2005, if the	74491
Superintendent of Public Instruction determines that additional	74492
funds are needed to fully fund the requirements of Am. Sub. S.B. 1	74493
of the 124th General Assembly for assessments of student	74494
performance, the Superintendent of Public Instruction may	74495
recommend the reallocation of unspent and unencumbered	74496
appropriations within the Department of Education to the General	74497
Revenue Fund appropriation item 200-437, Student Assessment, to	74498
the Director of Budget and Management. If the Director of Budget	74499
and Management determines that such a reallocation is required,	74500
the Director of Budget and Management may transfer unspent and	74501
unencumbered funds within the Department of Education as necessary	74502
to appropriation item 200-437, Student Assessment.	74503

Section 40.34a. The amendments by this act to division (C)(4)	74504
of section 3313.981, division (B)(2)(e) of section 3314.08,	74505
division (A)(4) of section 3317.023, and division (A)(3) of	74506
section 3317.03 of the Revised Code shall not apply in fiscal year	74507
2004. In fiscal year 2004, the Department of Education shall	74508
implement those divisions as if they accounted for one-fourth of	74509
joint vocational school district students, as they did prior to	74510
the effective date of those amendments. Those divisions, as	74511
amended by this act to reduce the percentage of joint vocational	74512
school district students accounted for from one-fourth to ten per	74513
cent, shall apply beginning in fiscal year 2005.	74514

Section 40.35. (A) As used in this section:

74515

(1) "IEP" has the same meaning as in section 3314.08 of the	74516
Revised Code.	74517

(2) "SBH student" means a student receiving special education	74518
and related services for severe behavior handicap conditions	74519
pursuant to an IEP.	74520

(B) This section applies only to a community school	74521
established under Chapter 3314. of the Revised Code that in each	74522
of fiscal years 2004 and 2005 enrolls a number of SBH students	74523
equal to at least fifty per cent of the total number of students	74524
enrolled in the school in the applicable fiscal year.	74525

(C) In addition to any payments made under section 3314.08 of	74526
the Revised Code, in each of fiscal years 2004 and 2005 the	74527
Department of Education shall pay to a community school a subsidy	74528
equal to the difference between the aggregate amount calculated	74529
and paid in that fiscal year to the community school for special	74530
education and related services additional weighted costs for the	74531
SBH students enrolled in the school and the aggregate amount that	74532
would have been calculated for the school for special education	74533
and related services additional weighted costs for those same	74534
students in fiscal year 2001. If the difference is a negative	74535
number, the amount of the subsidy shall be zero.	74536

(D) The amount of any subsidy paid to a community school	74537
under this section shall not be deducted from any moneys	74538
calculated under Chapter 3317. of the Revised Code for payment to	74539
a school district in which any of its students are entitled to	74540
attend school under section 3313.64 or 3313.65 of the Revised	74541
Code.	74542

The amount of any subsidy paid to a community school under	74543
this section shall be paid from the amount appropriated to the	74544
Department of Education in appropriation item 200-501, Base Cost	74545
Funding.	74546

Section 40.36. (A) As used in this section:

74547

(1) "Entitled to attend school" means entitled to attend	74548
school in a school district under section 3313.64 and 3313.65 of	74549
the Revised Code.	74550

(2) "Formula ADM" and "category six special education ADM"	74551
have the same meanings as in section 3317.02 of the Revised Code.	74552

(3) "Individualized education program" has the same meaning	74553
as in section 3323.01 of the Revised Code.	74554

(4) "Parent" has the same meaning as in section 3313.64 of	74555
the Revised Code.	74556

(5) "Qualified special education child" is a child for whom	74557
all of the following conditions apply:	74558

(a) The school district in which the child is entitled to	74559
attend school has identified the child as autistic;	74560

(b) The school district in which the child is entitled to	74561
attend school has developed an individualized education program	74562
under Chapter 3323. of the Revised Code for the child;	74563

74564

(i) Was enrolled in the school district in which the child is	74565
entitled to attend school in any grade from preschool through	74566
twelve in the school year prior to the year in which a scholarship	74567
under this section is first sought for the child;	74568

(ii) Is eligible to enter school in any grade preschool	74569
through twelve in the school district in which the child is	74570
entitled to attend school in the school year in which a	74571
scholarship under this section is first sought for the child.	74572

(6) "Registered private provider" means a nonpublic school or	74573
other nonpublic entity that has been approved by the Department of	74574
Education to participate in the program established under this	74575
section.	74576

(B) There is hereby established the Pilot Project Special	74577
Education Scholarship Program. Under the program, in fiscal years	74578
2004 and 2005, the Department of Education shall pay a scholarship	74579
to the parent of each qualified special education child upon	74580
application of that parent pursuant to procedures and deadlines	74581
established by rule of the State Board of Education. Each	74582
scholarship shall be used only to pay tuition for the child on	74583
whose behalf the scholarship is awarded to attend a special	74584
education program that implements the child's individualized	74585
education program and that is operated by a school district other	74586
than the school district in which the child is entitled to attend	74587
school or by another public entity, to either of which under law	74588
the parent is required to pay tuition on behalf of the child, or	74589
by a registered private provider. Each scholarship shall be in an	74590
amount not to exceed the lesser of the tuition charged for the	74591
child by the special education program or fifteen thousand	74592
dollars. The purpose of the scholarship is to permit the parent of	74593
a qualified special education child the choice to send the child	74594
to a special education program, instead of, or in addition to, the	74595
one operated by or for the school district in which the child is	74596
entitled to attend school, to receive the services prescribed in	74597
the child's individualized education program. A child attending a	74598
special education program with a scholarship under this section	74599
shall continue to be entitled to transportation to and from that	74600
program in the manner prescribed by law.	74601

(C)(1) Notwithstanding anything to the contrary in the	74602
Revised Code, a child for whom a scholarship is awarded under this	74603
section shall be counted in the formula ADM and the category six	74604
special education ADM of the district in which the child is	74605
entitled to attend school and not in the formula ADM and the	74606
category six special education ADM of any other school district.	74607

(2) In each fiscal year, the Department shall deduct from the	74608
amounts paid to each school district under Chapter 3317. of the	74609
Revised Code, and, if necessary, sections 321.14 and 323.156 of	74610
the Revised Code, the aggregate amount of scholarships awarded	74611
under this section for qualified special education children	74612
included in the formula ADM and category six special education ADM	74613
of that school district as provided in division (C)(1) of this	74614
section. The scholarships deducted shall be considered as an	74615
approved special education and related services expense for the	74616
purpose of the school district's compliance with division (C)(5)	74617
of section 3317.022 of the Revised Code.	74618

(3) From time to time, the Department shall make a payment to	74619
the parent of each qualified special education child for whom a	74620
scholarship has been awarded under this section. The scholarship	74621
amount shall be proportionately reduced in the case of any such	74622
child who is not enrolled in the special education program for	74623
which a scholarship was awarded under this section for the entire	74624
school year.	74625

(D) A scholarship shall not be paid to a parent for payment	74626
of tuition owed to a nonpublic entity unless that entity is a	74627
registered private provider. The Department shall approve entities	74628
that meet the standards established by rule of the State Board for	74629
the program established under this section. (E) The State Board	74630
shall adopt rules in accordance with Chapter 119. of the Revised	74631
Code prescribing procedures necessary to implement this section,	74632
including, but not limited to, procedures and deadlines for	74633
parents to apply for scholarships, standards for registered	74634
private providers, and procedures for approval of entities as	74635
registered private providers. The Board shall adopt the rules so	74636
that the program established under this section is operational by	74637
October 1, 2003.	74638

Section 40.37. A) Not later than January 31, 2004, the	74639
department of education shall recommend to the general assembly,	74640
in consultation with stakeholders, plans for an Ohio Regional	74641
Education Delivery System to provide services and technical	74642
assistance to school districts. The recommendations shall address	74643
how the system should provide services currently provided by	74644
educational service centers, regional professional development	74645
centers, special education regional resource centers, area media	74646
centers, school improvement facilitators, Ohio SchoolNet regional	74647
services, data acquisition sites, educational technology centers,	74648
and other regional service providers. The department shall also	74649
recommend that the system provide services and technical	74650
assistance to chartered nonpublic schools to assist these schools	74651
in meeting Ohio's statutory and administrative code provisions	74652
applicable to such schools. However, the recommendations shall	74653
specify that in providing services to chartered nonpublic schools,	74654
the system is not required to create additional services or	74655
technical assistance beyond those provided to school districts.	74656

(B) The regional service centers recommended under the Ohio	74657
Regional Education Delivery System shall be distributed	74658
geographically throughout the state.	74659

(C) The department, in consultation with stakeholders, shall	74660
recommend an accountability system for the Ohio Regional Education	74661
Delivery System. The recommended accountability system shall	74662
include minimum standards for operation and the provision of	74663
services. It shall also include benchmarks against performance	74664
measures based on each of the following:	74665

(1) Student achievement;

74666

(2) The effectiveness and efficiency of service delivery;

74667

(3) The quality of implementation of state initiatives;

74668

(4) Satisfaction expressed by school districts and other	74669
entities that use the Ohio Regional Education Delivery System with	74670
the quality of the system.	74671

Section 40.38. (A) There is hereby created the Head Start	74672
Partnership Study Council consisting of the following seventeen	74673
members:	74674

(1) Two employees of the Department of Job and Family	74675
Services appointed by the Director of Job and Family Services;	74676

(2) Two employees of the Department of Education appointed by	74677
the Superintendent of Public Instruction;	74678

(3) Three members of the House of Representatives, not more	74679
than two of whom are members of the same political party,	74680
appointed by the Speaker of the House of Representatives;	74681

(4) Three members of the Senate, not more two of whom are	74682
members of the same political party, appointed by the President of	74683
the Senate;	74684

(5) Two representatives of Head Start agencies appointed by	74685
the Ohio Head Start Association;	74686

(6) Two representatives of child care providers appointed by	74687
the Ohio Association of Child Care Providers;	74688

(7) One representative appointed by the Ohio Day Care	74689
Council;	74690

(8) One representative appointed by the County Commissioner's	74691
Association of Ohio;	74692

(9) One representative appointed by the Association of	74693
Directors of County Departments of Job and Family Services.	74694

Initial appointments of members shall be made not later than	74695
September 1, 2003. Vacancies in any of those appointments shall be	74696
filled in the same manner as original appointments.	74697

The Speaker of the House of Representatives and the President	74698
of the Senate jointly shall appoint the chairperson of the	74699
Council.	74700

Members of the Council shall serve without compensation.

74701

(B) In fiscal year 2004, the Council shall advise the	74702
Departments of Education and Job and Family Services in planning	74703
for the implementation of the Title IV-A Head Start Plus Program	74704
as established under sections 3301.33 and 3301.35 of the Revised	74705
Code and shall report to the General Assembly on the plans for	74706
that program by December 31, 2003.	74707

(C) In fiscal year 2005, the Council shall monitor the	74708
implementation of the Title IV-A Head Start Plus Program as	74709
established under sections 3301.33 and 3301.35 of the Revised Code	74710
and provide advice to the Departments of Education and Job and	74711
Family Services in that implementation.	74712

(D) Unless reauthorized by the General Assembly, the Council	74713
shall cease to exist on July 1, 2005.	74714

Section 40.39. (A) In the 2004-2005 and 2005-2006 school	74715
years, before a student identified with disabilities may begin	74716
receiving services for the first time under an individualized	74717
education program, as defined in section 3323.01 of the Revised	74718
Code, the school district in which that student is enrolled shall	74719
require the student to undergo a comprehensive eye examination	74720
performed either by an optometrist licensed under Chapter 4725. of	74721
the Revised Code or by a physician authorized under Chapter 4731.	74722
of the Revised Code to practice medicine and surgery or	74723
osteopathic medicine and surgery who is comprehensively trained	74724
and educated in the treatment of the human eye, eye disease, or	74725
comprehensive vision services.	74726

(B) The superintendent of each school district or the	74727
superintendent's designee may determine fulfillment of the	74728
requirement prescribed in division (A) of this section based on	74729
any special circumstances of the student, the student's parent,	74730
guardian, or family that may prevent the student from undergoing	74731
the eye examination prior to beginning special education services.	74732

(C) Neither the state nor any school district shall be	74733
responsible for paying for the eye examination required by this	74734
section.	74735

(D) The Director of Health shall, in accordance with Chapter	74736
119. of the Revised Code, adopt a rule that defines for purposes	74737
of this section "comprehensively trained and educated in the	74738
treatment of the human eye, eye disease, or comprehensive vision	74739
services" and shall adopt any other rules necessary for the	74740
implementation of this section.	74741

Section 41. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK	74742
COMMISSION	74743

General Revenue Fund

74744

GRF	374-100	Personal Services	$	1,300,000	$	1,300,000	74745
GRF	374-200	Maintenance	$	800,000	$	800,000	74746
GRF	374-300	Equipment	$	97,500	$	97,500	74747
GRF	374-401	Statehouse News Bureau	$	185,508	$	185,508	74748
GRF	374-402	Ohio Government Telecommunications Studio	$	762,146	$	762,146	74749
GRF	374-403	Ohio SONET	$	2,000,000	$	2,000,000	74750
GRF	374-404	Telecommunications Operating Subsidy	$	3,962,199	$	3,864,269	74751
TOTAL GRF General Revenue Fund			$	9,107,353	$	9,009,423	74752

General Services Fund Group

74753

4F3	374-603	Affiliate Services	$	3,067,447	$	3,067,447	74754
4T2	374-605	Government Television/Telecommunications Operating	$	150,000	$	150,000	74755
TOTAL GSF General Services							74756
Fund Group			$	3,217,447	$	3,217,447	74757

TOTAL ALL BUDGET FUND GROUPS

12,324,800

12,226,870

74758

STATEHOUSE NEWS BUREAU

74759

The foregoing appropriation item 374-401, Statehouse News	74760
Bureau, shall be used solely to support the operations of the Ohio	74761
Statehouse News Bureau.	74762

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

74763

The foregoing appropriation item 374-402, Ohio Government	74764
Telecommunications Studio, shall be used solely to support the	74765
operations of the Ohio Government Telecommunications Studio.	74766

OHIO SONET

74767

The foregoing appropriation item 374-403, Ohio SONET, shall	74768
be used by the Ohio Educational Telecommunications Network	74769
Commission to pay monthly operating expenses and maintenance of	74770
the television and radio transmission infrastructure.	74771

TELECOMMUNICATIONS OPERATING SUBSIDY

74772

The foregoing appropriation item 374-404, Telecommunications	74773
Operating Subsidy, shall be distributed by the Ohio Educational	74774
Telecommunications Network Commission to Ohio's qualified public	74775
educational television stations, radio reading services, and	74776
educational radio stations to support their operations. The funds	74777
shall be distributed pursuant to an allocation developed by the	74778
Ohio Educational Telecommunications Network Commission.	74779

Section 42. ELC OHIO ELECTIONS COMMISSION

74780

General Revenue Fund

74781

GRF	051-321		Operating Expenses		$	294,857		$	294,857		74782
TOTAL GRF General Revenue Fund					$	294,857		$	294,857		74783

State Special Revenue Fund Group

74784

4P2	051-601	Ohio Elections					74785
		Commission Fund	$	312,716	$	321,766	74786
TOTAL SSR State Special							74787
Revenue Fund Group			$	312,716	$	321,766	74788
TOTAL ALL BUDGET FUND GROUPS			$	607,573	$	616,623	74789

Section 43. FUN STATE BOARD OF EMBALMERS AND FUNERAL	74791
DIRECTORS	74792

General Services Fund Group

74793

4K9	881-609	Operating Expenses	$	563,639	$	594,870	74794
TOTAL GSF General Services							74795
Fund Group			$	563,639	$	594,870	74796
TOTAL ALL BUDGET FUND GROUPS			$	563,639	$	594,870	74797

Section 44. ERB STATE EMPLOYMENT RELATIONS BOARD

74799

General Revenue Fund

74800

GRF	125-321		Operating Expenses		$	3,268,338		$	3,268,338		74801
TOTAL GRF General Revenue Fund					$	3,268,338		$	3,268,338		74802

General Services Fund Group

74803

572	125-603	Training and Publications	$	75,541	$	75,541	74804
TOTAL GSF General Services							74805
Fund Group			$	75,541	$	75,541	74806
TOTAL ALL BUDGET FUND GROUPS			$	3,343,879	$	3,343,879	74807

Section 45. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

74809

General Services Fund Group

74810

4K9	892-609	Operating Expenses	$	999,150	$	1,041,369	74811
TOTAL GSF General Services							74812
Fund Group			$	999,150	$	1,041,369	74813
TOTAL ALL BUDGET FUND GROUPS			$	999,150	$	1,041,369	74814

Section 46. EPA ENVIRONMENTAL PROTECTION AGENCY

74816

General Revenue Fund

74817

GRF	715-403	Clean Ohio	$	788,985	$	788,985	74818
GRF	715-501	Local Air Pollution Control	$	1,119,878	$	1,091,882	74819
GRF	717-321	Surface Water	$	9,333,376	$	9,358,950	74820
GRF	718-321	Groundwater	$	1,195,001	$	1,163,554	74821
GRF	719-321	Air Pollution Control	$	2,543,260	$	2,543,260	74822
GRF	721-321	Drinking Water	$	2,713,032	$	2,713,032	74823
GRF	723-321	Hazardous Waste	$	110,184	$	107,284	74824
GRF	724-321	Pollution Prevention	$	765,137	$	745,002	74825
GRF	725-321	Laboratory	$	1,290,237	$	1,293,971	74826
GRF	726-321	Corrective Actions	$	1,253,593	$	1,255,080	74827
TOTAL GRF General Revenue Fund			$	21,112,683	$	21,061,000	74828

General Services Fund Group

74829

199	715-602	Laboratory Services	$	1,042,081	$	1,045,654	74830
219	715-604	Central Support Indirect	$	15,239,297	$	15,544,407	74831
4A1	715-640	Operating Expenses	$	3,308,758	$	3,369,731	74832
TOTAL GSF General Services							74833
Fund Group			$	19,590,136	$	19,959,792	74834

Federal Special Revenue Fund Group

74835

3F2	715-630	Revolving Loan Fund - Operating	$	80,000	$	80,000	74836
3F3	715-632	Fed Supported Cleanup and Response	$	2,792,648	$	2,326,434	74837
3F4	715-633	Water Quality Management	$	737,850	$	712,850	74838
3F5	715-641	Nonpoint Source Pollution Management	$	7,090,002	$	7,155,000	74839
3J1	715-620	Urban Stormwater	$	850,000	$	956,001	74840
3K2	715-628	Clean Water Act 106	$	4,125,992	$	4,125,992	74841
3K4	715-634	DOD Monitoring and Oversight	$	1,462,173	$	1,450,333	74842
3K6	715-639	Remedial Action Plan	$	416,000	$	385,001	74843
3N1	715-655	Pollution Prevention Grants	$	10,172	$	0	74844
3N4	715-657	DOE Monitoring and Oversight	$	3,362,932	$	3,427,442	74845
3V7	715-606	Agencywide Grants	$	100,268	$	0	74846
352	715-611	Wastewater Pollution	$	252,000	$	265,002	74847
353	715-612	Public Water Supply	$	2,480,989	$	2,484,114	74848
354	715-614	Hazardous Waste Management - Federal	$	4,195,192	$	4,203,891	74849
357	715-619	Air Pollution Control - Federal	$	5,447,334	$	5,599,501	74850
362	715-605	Underground Injection Control - Federal	$	101,874	$	101,874	74851
TOTAL FED Federal Special Revenue							74852
Fund Group			$	33,505,426	$	33,273,435	74853

State Special Revenue Fund Group

74854

3T3	715-669	Drinking Water SRF	$	3,631,132	$	3,716,777	74855
4J0	715-638	Underground Injection Control	$	379,488	$	394,385	74856
4K2	715-648	Clean Air - Non Title V	$	3,092,801	$	3,370,002	74857
4K3	715-649	Solid Waste	$	14,286,500	$	14,698,987	74858
4K4	715-650	Surface Water Protection	$	9,380,180	$	9,380,181	74859
4K5	715-651	Drinking Water Protection	$	6,294,334	$	6,255,946	74860
4P5	715-654	Cozart Landfill	$	146,792	$	149,728	74861
4R5	715-656	Scrap Tire Management	$	5,800,000	$	6,000,000	74862
4R9	715-658	Voluntary Action Program	$	603,435	$	795,671	74863
4T3	715-659	Clean Air - Title V Permit Program	$	16,950,003	$	16,650,001	74864
4U7	715-660	Construction & Demolition Debris	$	220,000	$	220,000	74865
5H4	715-664	Groundwater Support	$	1,768,661	$	1,797,036	74866
5N2	715-613	Dredge and Fill	$	30,000	$	30,000	74867
5S1	715-607	Clean Ohio - Operating	$	206,735	$	208,174	74868
500	715-608	Immediate Removal Special Account	$	475,024	$	482,000	74869
503	715-621	Hazardous Waste Facility Management	$	11,051,591	$	11,465,671	74870
503	715-662	Hazardous Waste Facility Board	$	566,350	$	576,619	74871
505	715-623	Hazardous Waste Cleanup	$	10,862,544	$	11,557,987	74872
505	715-674	Clean Ohio Environmental Review	$	999,896	$	1,179,249	74873
541	715-670	Site Specific Cleanup	$	344,448	$	345,075	74874
542	715-671	Risk Management Reporting	$	142,087	$	146,188	74875
6A1	715-645	Environmental Education	$	1,500,000	$	1,500,000	74876
602	715-626	Motor Vehicle Inspection and Maintenance	$	1,444,464	$	1,437,398	74877
644	715-631	ER Radiological Safety	$	281,424	$	286,114	74878
660	715-629	Infectious Waste Management	$	160,000	$	160,000	74879
676	715-642	Water Pollution Control Loan Administration	$	4,858,798	$	4,964,625	74880
678	715-635	Air Toxic Release	$	314,081	$	210,662	74881
679	715-636	Emergency Planning	$	2,798,648	$	2,828,647	74882
696	715-643	Air Pollution Control Administration	$	750,002	$	750,000	74883
699	715-644	Water Pollution Control Administration	$	625,000	$	625,000	74884
TOTAL SSR State Special Revenue Fund Group			$	99,964,418	$	102,182,123	74885
TOTAL ALL BUDGET FUND GROUPS			$	174,172,663	$	176,476,350	74886

CENTRAL SUPPORT INDIRECT

74887

Notwithstanding any other provision of law to the contrary,	74888
the Director of Environmental Protection, with the approval of the	74889
Director of Budget and Management, shall utilize a methodology for	74890
determining each division's payments into the Central Support	74891
Indirect Fund (Fund 219). The methodology used shall contain the	74892
characteristics of administrative ease and uniform application.	74893
Payments to the Central Support Indirect Fund (Fund 219) shall be	74894
made using an intrastate transfer voucher.	74895

CLEAN OHIO - OPERATING

74896

The foregoing appropriation item 715-607, Clean Ohio -	74897
Operating, shall be used by the Ohio Environmental Protection	74898
Agency in administering sections 122.65 to 122.658 of the Revised	74899
Code.	74900

Section 47. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

74901

General Revenue Fund

74902

GRF	172-321	Operating Expenses	$	437,131	$	439,109	74903
TOTAL GRF General Revenue Fund			$	437,131	$	439,109	74904
TOTAL ALL BUDGET FUND GROUPS			$	437,131	$	439,109	74905

Section 48. ETH OHIO ETHICS COMMISSION

74907

General Revenue Fund

74908

GRF	146-321		Operating Expenses		$	1,286,869		$	1,351,213		74909
TOTAL GRF General Revenue Fund					$	1,286,869		$	1,351,213		74910

General Services Fund Group

74911

4M6	146-601	Operating Expenses	$	409,543	$	383,543	74912
TOTAL GSF General Services							74913
Fund Group			$	409,543	$	383,543	74914
TOTAL ALL BUDGET FUND GROUPS			$	1,696,412	$	1,734,756	74915

Section 49. EXP OHIO EXPOSITIONS COMMISSION

74917

General Revenue Fund

74918

GRF	723-403		Junior Fair Subsidy		$	465,412		$	465,412		74919
TOTAL GRF General Revenue Fund					$	465,412		$	465,412		74920

State Special Revenue Fund Group

74921

4N2	723-602	Ohio State Fair Harness Racing	$	520,000	$	520,000	74922
506	723-601	Operating Expenses	$	13,211,481	$	13,643,315	74923
640	723-603	State Fair Reserve	$	125,000	$	0	74924
TOTAL SSR State Special Revenue							74925
Fund Group			$	13,856,481	$	14,163,315	74926
TOTAL ALL BUDGET FUND GROUPS			$	14,321,893	$	14,628,727	74927

STATE FAIR RESERVE

74928

The foregoing appropriation item 723-603, State Fair Reserve,	74929
shall serve as a budget reserve fund for the Ohio Expositions	74930
Commission in the event of a significant decline in attendance due	74931
to inclement weather or extraordinary circumstances during the	74932
Ohio State Fair resulting in a loss of revenue. The State Fair	74933
Reserve may be used by the Ohio Expositions Commission to pay	74934
bills resulting from the Ohio State Fair only if all the following	74935
criteria are met:	74936

(A) Admission revenues for the 2003 Ohio State Fair are less	74937
than $2,542,500 or admission revenues for the 2004 Ohio State Fair	74938
are less than $2,619,000 due to inclement weather or extraordinary	74939
circumstances. These amounts are ninety per cent of the projected	74940
admission revenues for each year.	74941

(B) The Ohio Expositions Commission declares a state of	74942
fiscal exigency and requests release of funds by the Director of	74943
Budget and Management.	74944

(C) The Director of Budget and Management releases the funds.	74945
The Director of Budget and Management may approve or disapprove	74946
the request for release of funds, may increase or decrease the	74947
amount of release, and may place such conditions as the director	74948
considers necessary on the use of the released funds. The Director	74949
of Budget and Management may transfer appropriation authority from	74950
fiscal year 2004 to fiscal year 2005 as needed.	74951

In the event that the Ohio Expositions Commission faces a	74952
temporary cash shortage that will preclude it from meeting current	74953
obligations, the Commission may request the Director of Budget and	74954
Management to approve use of the State Fair Reserve to meet those	74955
obligations. The request shall include a plan describing how the	74956
Commission will eliminate the cash shortage. If the Director of	74957
Budget and Management approves the expenditures, the Commission	74958
shall reimburse Fund 640 by the thirtieth day of June of that same	74959
fiscal year through an intrastate transfer voucher. The amount	74960
reimbursed is hereby appropriated.	74961

Section 50. GOV OFFICE OF THE GOVERNOR

74962

General Revenue Fund

74963

GRF	040-321	Operating Expenses	$	4,112,358	$	4,235,726	74964
GRF	040-403	Federal Relations	$	510,000	$	510,000	74965
GRF	040-408	Office of Veterans' Affairs	$	276,723	$	285,025	74966
TOTAL GRF General Revenue Fund			$	4,899,081	$	5,030,751	74967

General Services Fund Group

74968

412	040-607		Federal Relations		$	500,000		$	500,000		74969
TOTAL GSF General Services Fund Group					$	500,000		$	500,000		74970

TOTAL ALL BUDGET FUND GROUPS

5,399,081

5,530,751

74971

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

74972

The Governor may expend a portion of the foregoing	74973
appropriation item 040-321, Operating Expenses, to hire or appoint	74974
legal counsel to be used in proceedings involving the Governor in	74975
the Governor's official capacity or the Governor's office only,	74976
without the approval of the Attorney General, notwithstanding	74977
sections 109.02 and 109.07 of the Revised Code.	74978

FEDERAL RELATIONS

74979

A portion of the foregoing appropriation items 040-403,	74980
Federal Relations, and 040-607, Federal Relations, may be used to	74981
support Ohio's membership in national or regional associations.	74982

The Office of the Governor may charge any state agency of the	74983
executive branch using an intrastate transfer voucher such amounts	74984
necessary to defray the costs incurred for the conduct of federal	74985
relations associated with issues that can be attributed to the	74986
agency. Amounts collected shall be deposited to the Office of the	74987
Governor Federal Relations Fund (Fund 412).	74988

Section 51. DOH DEPARTMENT OF HEALTH

74989

General Revenue Fund

74990

GRF	440-407	Animal Borne Disease and Prevention	$	2,690,101	$	2,690,101	74991
GRF	440-412	Cancer Incidence Surveillance System	$	1,038,815	$	1,066,616	74992
GRF	440-413	Healthy Communities	$	4,139,009	$	4,139,009	74993
GRF	440-416	Child and Family Health Services	$	8,984,972	$	8,984,972	74994
GRF	440-418	Immunizations	$	8,431,975	$	8,600,615	74995
GRF	440-419	Sexual Assault Prevention	$	35,899	$	35,899	74996
GRF	440-444	AIDS Prevention and Treatment	$	7,589,816	$	7,589,816	74997
GRF	440-446	Infectious Disease Prevention	$	439,330	$	439,330	74998
GRF	440-451	Lab and Public Health Prevention Programs	$	6,085,250	$	6,085,250	74999
GRF	440-452	Child and Family Health Services Match	$	1,024,017	$	1,024,017	75000
GRF	440-453	Health Care Quality Assurance	$	10,453,728	$	10,453,728	75001
GRF	440-454	Local Environmental Health	$	1,087,654	$	1,122,654	75002
GRF	440-459	Help Me Grow	$	9,861,089	$	9,861,089	75003
GRF	440-461	Center for Vital and Health Stats	$	3,579,790	$	3,579,790	75004
GRF	440-504	Poison Control Network	$	388,000	$	388,000	75005
GRF	440-505	Medically Handicapped Children	$	6,462,257	$	6,462,738	75006
GRF	440-507	Targeted Health Care Services Over 21	$	731,023	$	731,023	75007
GRF	440-508	Migrant Health	$	91,301	$	91,301	75008
TOTAL GRF General Revenue Fund			$	73,114,026	$	73,345,948	75009

General Services Fund Group

75010

4K9	440-XXX	Occupational Therapy, Physical Therapy, and Athletic Trainers Board	$	771,391	$	801,480	75011
142	440-618	General Operations - General Services Fund	$	1,201,059	$	1,290,530	75012
211	440-613	Central Support Indirect Costs	$	26,149,512	$	26,276,178	75013
473	440-622	Lab Operating Expenses	$	4,154,045	$	4,154,045	75014
683	440-633	Employee Assistance Program	$	1,192,234	$	1,192,214	75015
698	440-634	Nurse Aide Training	$	170,000	$	170,000	75016
TOTAL GSF General Services							75017
Fund Group			$	33,638,241	$	33,884,447	75018

Federal Special Revenue Fund Group

75019

320	440-601	Maternal Child Health Block Grant	$	34,451,205	$	35,136,169	75020
387	440-602	Preventive Health Block Grant	$	8,200,000	$	8,200,000	75021
389	440-604	Women, Infants, and Children	$	210,000,000	$	220,000,000	75022
391	440-606	Medicaid/Medicare	$	26,294,274	$	26,820,159	75023
392	440-618	General Operations - Federal Fund	$	114,474,764	$	115,319,323	75024
TOTAL FED Federal Special Revenue							75025
Fund Group			$	393,420,243	$	405,475,651	75026

State Special Revenue Fund Group

75027

4D6	440-608	Genetics Services	$	2,300,000	$	2,300,000	75028
4F9	440-610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	75029
4G0	440-636	Heirloom Birth Certificate	$	5,000	$	5,000	75030
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	75031
4L3	440-609	Miscellaneous Expenses	$	256,082	$	144,119	75032
4T4	440-603	Child Highway Safety	$	233,894	$	233,894	75033
4V6	440-641	Save Our Sight	$	1,733,327	$	1,767,994	75034
470	440-618	General Operations - State Special Revenue	$	14,454,867	$	15,953,072	75035
471	440-619	Certificate of Need	$	475,000	$	483,572	75036
477	440-627	Medically Handicapped Children Audit	$	4,640,498	$	4,733,008	75037
5B5	440-616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	75038
5C0	440-615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	75039
5D6	440-620	Second Chance Trust	$	887,018	$	825,951	75040
5G4	440-639	Adoption Services	$	20,000	$	20,000	75041
5E1	440-624	Health Services	$	688,321	$	0	75042
5L1	440-623	Nursing Facility Technical Assistance Program	$	586,153	$	617,517	75043
610	440-626	Radiation Emergency Response	$	923,315	$	923,315	75044
666	440-607	Medically Handicapped Children - County Assessments	$	14,320,687	$	14,320,687	75045
TOTAL SSR State Special Revenue							75046
Fund Group			$	44,858,390	$	45,662,357	75047

Holding Account Redistribution Fund Group

75048

R14	440-631	Vital Statistics	$	70,000	$	70,000	75049
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,400	$	20,400	75050
TOTAL 090 Holding Account							75051
Redistribution Fund Group			$	90,400	$	90,400	75052
TOTAL ALL BUDGET FUND GROUPS			$	545,121,300	$	558,458,803	75053

Section 51.01. CANCER REGISTRY SYSTEM

75055

Of the foregoing appropriation item 440-412, Cancer Incidence	75056
Surveillance System, not more than $50,000 in each fiscal year	75057
shall be provided to Health Comp, Inc.	75058

The remaining moneys in appropriation item 440-412, Cancer	75059
Incidence Surveillance System, shall be used to maintain and	75060
operate the Ohio Cancer Incidence Surveillance System pursuant to	75061
sections 3701.261 to 3701.263 of the Revised Code.	75062

CHILD AND FAMILY HEALTH SERVICES

75063

Of the foregoing appropriation item 440-416, Child and Family	75064
Health Services, $1,700,000 in each fiscal year shall be used for	75065
women's health services. None of the funds received through these	75066
grants shall be used to provide abortion services. None of the	75067
funds received through these grants shall be used for counseling	75068
for or referrals for abortion, except in the case of a medical	75069
emergency. These funds shall be distributed by the Director of	75070
Health to programs that the Department of Health determines will	75071
provide services that are physically and financially separate from	75072
abortion-providing and abortion-promoting activities, and that do	75073
not include counseling for or referrals for abortion, other than	75074
in the case of medical emergency.	75075

These women's health services include and are limited to the	75076
following: pelvic exams and lab testing; breast exams and patient	75077
education on breast cancer; screening for cervical cancer;	75078
screening and treatment for Sexually Transmitted Diseases (STDs)	75079
and HIV screening; voluntary choice of contraception, including	75080
abstinence and natural family planning; patient education and	75081
pre-pregnancy counseling on the dangers of smoking, alcohol, and	75082
drug use during pregnancy; education on sexual coercion and	75083
violence in relationships; and prenatal care or referral for	75084
prenatal care. These health care services shall be provided by	75085
doctors, nurses, medical assistants, counselors, and social	75086
workers in a medical clinic setting.	75087

The Director of Health shall adopt rules in accordance with	75088
Chapter 119. of the Revised Code specifying reasonable eligibility	75089
standards that must be met to receive the state funding and	75090
provide reasonable methods by which a grantee wishing to be	75091
eligible for federal funding may comply with these requirements	75092
for state funding without losing its eligibility for federal	75093
funding. Grant applicants need not provide all of the listed	75094
women's health services and no applicant will be discriminated	75095
against in the process of awarding these grant funds because the	75096
applicant does not provide all of the services listed.	75097

In distributing these grant funds, the Director of Health	75098
shall give priority to grant requests from local departments of	75099
health for women's health services to be provided directly by	75100
personnel of the local department of health.	75101

Of the foregoing appropriation item 440-416, Child and Family	75102
Health Services, not more than $270,000 shall be used in each	75103
fiscal year for the OPTIONS dental care access program.	75104

Of the foregoing appropriation item 440-416, Child and Family	75105
Health Services, not more than $900,000 in each fiscal year shall	75106
be used by federally qualified health centers and federally	75107
designated look-alikes to provide services to uninsured low-income	75108
persons.	75109

Of the foregoing appropriation item 440-416, Child and Family	75110
Health Services, $500,000 in each fiscal year shall be used for	75111
abstinence-only education. The Director of Health shall develop	75112
guidelines for the establishment of abstinence programs for	75113
teenagers with the purpose of decreasing unplanned pregnancies and	75114
abortion. The guidelines shall be developed pursuant to Title V of	75115
the "Social Security Act," 42 U.S.C. 510, and shall include, but	75116
are not limited to, advertising campaigns and direct training in	75117
schools and other locations.	75118

Of the foregoing appropriation item 440-416, Child and Family	75119
Health Services, $30,000 in each fiscal year shall be allocated to	75120
the Jewish Family Service of Cleveland, $10,000 in each fiscal	75121
year shall be allocated to the Jewish Family Service of	75122
Cincinnati, and $10,000 in each fiscal year shall be allocated to	75123
the Jewish Family Services of Columbus for interpreters for health	75124
care.	75125

Of the foregoing appropriation item 440-416, Child and Family	75126
Health Services, $25,000 in each fiscal year shall be allocated to	75127
Clermont County's Comprehensive Community Suicide Prevention	75128
Program.	75129

Of the foregoing appropriation item 440-416, Child and Family	75130
Health Services, $25,000 in each fiscal year shall be allocated to	75131
the Health Education Center in Cincinnati.	75132

Of the foregoing appropriation item 440-416, Child and Family	75133
Health Services, $62,500 in each fiscal year shall be allocated to	75134
the Cincinnati YWCA Hippy.	75135

Of the foregoing appropriation item 440-416, Child and Family	75136
Health Services, $25,000 in each fiscal year shall be allocated to	75137
the Helping Hearts Program.	75138

Of the foregoing appropriation item 440-416, Child and Family	75139
Health Services, $25,000 in each fiscal year shall be allocated to	75140
the Tree of Knowledge Learning Center.	75141

SEXUAL ASSAULT PREVENTION AND INTERVENTION

75142

The foregoing appropriation item 440-419, Sexual Assault	75143
Prevention and Intervention, shall be used for the following	75144
purposes:	75145

(A) Funding of new services in counties with no services for	75146
sexual assault;	75147

(B) Expansion of services provided in currently funded	75148
projects so that comprehensive crisis intervention and prevention	75149
services are offered;	75150

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	75151
projects;	75152

(D) Statewide expansion of local outreach and public	75153
awareness efforts.	75154

HIV/AIDS PREVENTION/TREATMENT

75155

Of the foregoing appropriation item 440-444, AIDS Prevention	75156
and Treatment, up to $6.4 million in fiscal year 2004 and up to	75157
$6.7 million in fiscal year 2005 shall be used to assist persons	75158
with HIV/AIDS in acquiring HIV-related medications.	75159

INFECTIOUS DISEASE PREVENTION

75160

Of the foregoing appropriation item 440-446, Infectious	75161
Disease Prevention, not more than $200,000 in each fiscal year	75162
shall be used to reimburse boards of county commissioners pursuant	75163
to division (A) of section 339.77 of the Revised Code.	75164

Of the foregoing appropriation item 440-446, Infectious	75165
Disease Prevention, not more than $60,000 shall be used by the	75166
Director of Health to reimburse Boards of County Commissioners for	75167
the cost of detaining indigent persons with tuberculosis. Any	75168
portion of the $60,000 allocated for detainment not used for that	75169
purpose shall be used to make payments to counties pursuant to	75170
section 339.77 of the Revised Code.	75171

Of the foregoing appropriation item 440-446, Infectious	75172
Disease Prevention, not more than $250,000 in each fiscal year	75173
shall be used for the purchase of drugs for sexually transmitted	75174
diseases.	75175

HELP ME GROW

75176

The foregoing appropriation item 440-459, Help Me Grow, shall	75177
be used by the Department of Health to distribute subsidies to	75178
counties to implement the Help Me Grow program. Appropriation item	75179
440-459 may be used in conjunction with Temporary Assistance for	75180
Needy Families from the Department of Job and Family Services,	75181
Early Intervention funding from the Department of Mental	75182
Retardation and Developmental Disabilities, and in conjunction	75183
with other early childhood funds and services to promote the	75184
optimal development of young children. Local contracts shall be	75185
developed between local departments of job and family services and	75186
family and children first councils for the administration of TANF	75187
funding for the Help Me Grow Program. The Department of Health	75188
shall enter into an interagency agreement with the Department of	75189
Education, Department of Mental Retardation and Developmental	75190
Disabilities, Department of Job and Family Services, and	75191
Department of Mental Health to ensure that all early childhood	75192
programs and initiatives are coordinated and school linked.	75193

POISON CONTROL NETWORK

75194

The foregoing appropriation item 440-504, Poison Control	75195
Network, shall be used in each fiscal year by the Department of	75196
Health for grants to the consolidated Ohio Poison Control Center	75197
to provide poison control services to Ohio citizens.	75198

Notwithstanding section 3701.83 of the Revised Code, not	75199
later than the fifteenth day of July of each fiscal year or as	75200
soon as possible thereafter, the Director of Budget and Management	75201
shall transfer cash in the amount of $127,287 from appropriation	75202
item 440-618, General Operations – General Services Fund, (Fund	75203
142) to the General Revenue Fund.	75204

TARGETED HEALTH CARE SERVICES OVER 21

75205

In each fiscal year, appropriation item 440-507, Targeted	75206
Health Care Services Over 21, shall be used to administer the	75207
cystic fibrosis program and implement the Hemophilia Insurance	75208
Premium Payment program.	75209

EXTENSION OF HEMOPHILIA HEALTH INSURANCE PREMIUM PAYMENTS

75210

The Director of Health shall continue to provide, through	75211
contracts with or grants to hemophilia treatment centers, for	75212
health insurance premiums to be paid for individuals who are at	75213
least twenty-one years of age, diagnosed with hemophilia or a	75214
related bleeding disorder, and receive such assistance on the day	75215
prior to the effective date of this section under the program for	75216
care and treatment of persons suffering from hemophilia	75217
established under former section 3701.144 of the Revised Code	75218
until the effective date of the initial rules adopted under	75219
division (A)(12) of section 3701.021 of the Revised Code for the	75220
hemophilia program established under section 3701.029 of the	75221
Revised Code. The Public Health Council shall adopt those rules	75222
not later than twelve months after the effective date of this	75223
section.	75224

MATERNAL CHILD HEALTH BLOCK GRANT

75225

Of the foregoing appropriation item 440-601, Maternal Child	75226
Health Block Grant (Fund 320), $2,091,299 shall be used in each	75227
fiscal year for the purposes of abstinence-only education. The	75228
Director of Health shall develop guidelines for the establishment	75229
of abstinence programs for teenagers with the purpose of	75230
decreasing unplanned pregnancies and abortion. Such guidelines	75231
shall be pursuant to Title V of the "Social Security Act," 42	75232
U.S.C. 510, and shall include, but are not limited to, advertising	75233
campaigns and direct training in schools and other locations.	75234

GENETICS SERVICES

75235

The foregoing appropriation item 440-608, Genetics Services	75236
(Fund 4D6), shall be used by the Department of Health to	75237
administer programs authorized by sections 3701.501 and 3701.502	75238
of the Revised Code. None of these funds shall be used to counsel	75239
or refer for abortion, except in the case of a medical emergency.	75240

SAFETY AND QUALITY OF CARE STANDARDS

75241

The Department of Health may use Fund 471, Certificate of	75242
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	75243
the Revised Code in each fiscal year.	75244

MEDICALLY HANDICAPPED CHILDREN AUDIT

75245

The Medically Handicapped Children Audit Fund (Fund 477)	75246
shall receive revenue from audits of hospitals and recoveries from	75247
third-party payers. Moneys may be expended for payment of audit	75248
settlements and for costs directly related to obtaining recoveries	75249
from third-party payers and for encouraging Medically Handicapped	75250
Children's Program recipients to apply for third-party benefits.	75251
Moneys also may be expended for payments for diagnostic and	75252
treatment services on behalf of medically handicapped children, as	75253
defined in division (A) of section 3701.022 of the Revised Code,	75254
and Ohio residents who are twenty-one or more years of age and who	75255
are suffering from cystic fibrosis or hemophilia. Moneys may also	75256
be expended for administrative expenses incurred in operating the	75257
Medically Handicapped Children's Program.	75258

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	75259
PERMIT FUND	75260

The Director of Budget and Management, pursuant to a plan	75261
submitted by the Department of Health, or as otherwise determined	75262
by the Director of Budget and Management, shall set a schedule to	75263
transfer cash from the Liquor Control Fund (Fund 043) to the	75264
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	75265
needs of the Alcohol Testing and Permit program.	75266

The Director of Budget and Management shall transfer to the	75267
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	75268
Fund (Fund 043) established in section 4301.12 of the Revised Code	75269
such amounts at such times as determined by the transfer schedule.	75270

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

75271

The foregoing appropriation item 440-607, Medically	75272
Handicapped Children - County Assessments (Fund 666), shall be	75273
used to make payments pursuant to division (E) of section 3701.023	75274
of the Revised Code.	75275

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

75276

The Director of Budget and Management shall transfer, by	75277
intrastate transfer voucher, each fiscal year, cash from Fund 4E3,	75278
Resident Protection Fund, in the Ohio Department of Job and Family	75279
Services, to Fund 5L1, Nursing Facility Technical Assistance Fund,	75280
in the Ohio Department of Health, to be used in accordance with	75281
section 3721.026 of the Revised Code. The transfers shall equal	75282
the amount appropriated per fiscal year in Fund 5L1, Nursing	75283
Facility Technical Assistance Fund.	75284

Section 52. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

75285

Agency Fund Group

75286

461	372-601	Operating Expenses	$	15,290	$	16,819	75287
TOTAL AGY Agency Fund Group			$	15,290	$	16,819	75288
TOTAL ALL BUDGET FUND GROUPS			$	15,290	$	16,819	75289

Section 53. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

75291

General Revenue Fund

75292

GRF	148-100	Personal Services	$	127,419	$	127,419	75293
GRF	148-200	Maintenance	$	35,901	$	35,901	75294
TOTAL GRF General Revenue Fund			$	163,320	$	163,320	75295

General Services Fund Group

75296

601	148-602	Gifts and Miscellaneous	$	8,485	$	8,485	75297
TOTAL GSF General Services							75298
Fund Group			$	8,485	$	8,485	75299
TOTAL ALL BUDGET FUND GROUPS			$	171,805	$	171,805	75300

Section 54. OHS OHIO HISTORICAL SOCIETY

75302

General Revenue Fund

75303

GRF	360-403	Adena - Worthington Home	$	200,000	$	150,000	75304
GRF	360-501	Operating Subsidy	$	3,589,973	$	3,589,973	75305
GRF	360-502	Site Operations	$	8,240,438	$	8,240,438	75306
GRF	360-503	Ohio Bicentennial Commission	$	1,847,239	$	58,164	75307
GRF	360-504	Ohio Preservation Office	$	339,733	$	339,733	75308
GRF	360-505	Afro-American Museum	$	778,231	$	778,231	75309
GRF	360-506	Hayes Presidential Center	$	524,981	$	524,981	75310
GRF	360-508	Historical Grants	$	1,500,000	$	1,350,000	75311
TOTAL GRF General Revenue Fund			$	17,020,595	$	15,031,520	75312
TOTAL ALL BUDGET FUND GROUPS			$	17,020,595	$	15,031,520	75313

SUBSIDY APPROPRIATION

75314

Upon approval by the Director of Budget and Management, the	75315
foregoing appropriation items shall be released to the Ohio	75316
Historical Society in quarterly amounts that in total do not	75317
exceed the annual appropriations. The funds and fiscal records of	75318
the society for fiscal years 2004 and 2005 shall be examined by	75319
independent certified public accountants approved by the Auditor	75320
of State, and a copy of the audited financial statements shall be	75321
filed with the Office of Budget and Management. The society shall	75322
prepare and submit to the Office of Budget and Management the	75323
following:	75324

(A) An estimated operating budget for each fiscal year of the	75325
biennium. The operating budget shall be submitted at or near the	75326
beginning of each year.	75327

(B) Financial reports, indicating actual receipts and	75328
expenditures for the fiscal year to date. These reports shall be	75329
filed at least semiannually during the fiscal biennium.	75330

The foregoing appropriations shall be considered to be the	75331
contractual consideration provided by the state to support the	75332
state's offer to contract with the Ohio Historical Society under	75333
section 149.30 of the Revised Code.	75334

SITE OPERATIONS

75335

Of the foregoing appropriation item 360-502, Site Operations,	75336
funds shall be distributed to the Afro-American Museum, the Hayes	75337
Presidential Center, as well as other sites controlled by the Ohio	75338
Historical Society in each fiscal year.	75339

HAYES PRESIDENTIAL CENTER

75340

If a United States government agency, including, but not	75341
limited to, the National Park Service, chooses to take over the	75342
operations or maintenance of the Hayes Presidential Center, in	75343
whole or in part, the Ohio Historical Society shall make	75344
arrangements with the National Park Service or other United States	75345
government agency for the efficient transfer of operations or	75346
maintenance.	75347

HISTORICAL GRANTS

75348

Of the foregoing appropriation item 360-508, Historical	75349
Grants, $100,000 in each fiscal year shall be distributed to the	75350
Hebrew Union College in Cincinnati for the Center for Holocaust	75351
and Humanity Education, $150,000 in fiscal year 2004 shall be	75352
distributed to the National Underground Railroad Freedom Center in	75353
Cincinnati, $250,000 in each fiscal year shall be distributed to	75354
the Great Lakes Historical Society in Vermilion, $500,000 in each	75355
fiscal year shall be distributed to the Western Reserve Historical	75356
Society in Cleveland, and $500,000 in each fiscal year shall be	75357
distributed to the Cincinnati Museum Center.	75358

OHIO BICENTENNIAL COMMISSION ROYALTIES

75359

Notwithstanding any previous arrangement to the contrary, the	75360
Ohio Bicentennial Commission shall keep the first $100,000 in	75361
earned royalties associated with the Ohio Bicentennial logo during	75362
the 2004-2005 biennium. This $100,000 shall be used to cover the	75363
operating expenses of the Ohio Bicentennial Commission in fiscal	75364
year 2005. The remaining moneys collected from royalties	75365
associated with the Ohio Bicentennial logo shall be deposited into	75366
the General Revenue Fund, of which $350,000 shall be distributed	75367
to the Ohio Historical Society for use in appropriation item	75368
360-403, Adena - Worthington Home.	75369

Section 55. REP OHIO HOUSE OF REPRESENTATIVES

75370

General Revenue Fund

75371

GRF	025-321		Operating Expenses		$	19,018,547		$	19,969,473		75372
TOTAL GRF General Revenue Fund					$	19,018,547		$	19,969,473		75373

General Services Fund Group

75374

103	025-601	House Reimbursement	$	1,351,875	$	1,419,469	75375
4A4	025-602	Miscellaneous Sales	$	35,690	$	37,474	75376
TOTAL GSF General Services							75377
Fund Group			$	1,387,565	$	1,456,943	75378
TOTAL ALL BUDGET FUND GROUPS			$	20,406,112	$	21,426,416	75379

Section 56. IGO OFFICE OF THE INSPECTOR GENERAL

75381

General Revenue Fund

75382

GRF	965-321		Operating Expenses		$	812,000		$	812,000		75383
TOTAL GRF General Revenue Fund					$	812,000		$	812,000		75384

General Services Fund Group							75385
5X9	965-401	Inspector General Reimbursement	$	100,000	$	100,000	75386
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	75387

State Special Revenue Fund Group

75388

4Z3	965-602	Special Investigations	$	100,000	$	100,000	75389
TOTAL SSR State Special Revenue Fund Group			$	100,000	$	100,000	75390
TOTAL ALL BUDGET FUND GROUPS			$	1,012,000	$	1,012,000	75391

INSPECTOR GENERAL REIMBURSEMENT

75392

The foregoing appropriation item 965-401, Inspector General	75393
Reimbursement, shall be used for reimbursement from agreements	75394
with state agencies and the voluntary contributions from private	75395
parties for investigative costs of the Inspector General.	75396

SPECIAL INVESTIGATIONS

75397

Of the foregoing appropriation item 965-602, Special	75398
Investigations, up to $100,000 in each fiscal year may be used for	75399
investigative costs, pursuant to section 121.481 of the Revised	75400
Code.	75401

Section 57. INS DEPARTMENT OF INSURANCE

75402

Federal Special Revenue Fund Group

75403

3U5	820-602	OSHIIP Operating Grant	$	560,559	$	560,559	75404
TOTAL FED Federal Special							75405
Revenue Fund Group			$	560,559	$	560,559	75406

State Special Revenue Fund Group

75407

554	820-601	Operating Expenses - OSHIIP	$	506,515	$	561,411	75408
554	820-606	Operating Expenses	$	21,815,431	$	22,357,575	75409
555	820-605	Examination	$	7,433,751	$	7,639,581	75410
TOTAL SSR State Special Revenue							75411
Fund Group			$	29,755,697	$	30,558,567	75412
TOTAL ALL BUDGET FUND GROUPS			$	30,316,256	$	31,119,126	75413

MARKET CONDUCT EXAMINATION

75414

When conducting a market conduct examination of any insurer	75415
doing business in this state, the Superintendent of Insurance may	75416
assess the costs of the examination against the insurer. The	75417
superintendent may enter into consent agreements to impose	75418
administrative assessments or fines for conduct discovered that	75419
may be violations of statutes or regulations administered by the	75420
superintendent. All costs, assessments, or fines collected shall	75421
be deposited to the credit of the Department of Insurance	75422
Operating Fund (Fund 554).	75423

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

75424

The Superintendent of Insurance may transfer funds from the	75425
Department of Insurance Operating Fund (Fund 554), established by	75426
section 3901.021 of the Revised Code, to the Superintendent's	75427
Examination Fund (Fund 555), established by section 3901.071 of	75428
the Revised Code, only for the expenses incurred in examining	75429
domestic fraternal benefit societies as required by section	75430
3921.28 of the Revised Code.	75431

On July 1, 2003, or as soon as possible thereafter, the	75432
Director of Budget and Management shall transfer $1,000,000 from	75433
the Department of Insurance Operating Fund (Fund 554) to the	75434
General Revenue Fund.	75435

Section 58. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

75436

General Revenue Fund

75437

GRF	600-321	Support Services					75438
		State	$	62,361,047	$	58,611,047	75439
		Federal	$	7,176,249	$	7,125,883	75440
		Support Services Total	$	69,537,296	$	65,736,930	75441
GRF	600-410	TANF State	$	272,619,061	$	272,619,061	75442
GRF	600-413	Child Care Match/Maintenance of Effort	$	84,120,596	$	84,120,596	75443
GRF	600-416	Computer Projects					75444
		State	$	120,000,000	$	120,000,000	75445
		Federal	$	31,095,442	$	31,400,454	75446
		Computer Projects Total	$	151,095,442	$	151,400,454	75447
GRF	600-420	Child Support Administration	$	5,091,446	$	5,091,446	75448
GRF	600-421	Office of Family Stability	$	4,864,932	$	4,864,932	75449
GRF	600-422	Local Operations	$	2,305,232	$	2,305,232	75450
GRF	600-423	Office of Children and Families	$	5,000,000	$	5,000,000	75451
GRF	600-424	Office of Workforce Development	$	877,971	$	877,971	75452
GRF	600-425	Office of Ohio Health Plans					75453
		State	$	21,944,901	$	22,603,740	75454
		Federal	$	21,848,555	$	22,495,502	75455
		Office of Ohio Health Plans Total	$	43,793,456	$	45,099,242	75456
GRF	600-435	Unemployment Compensation Review Commission	$	3,188,473	$	3,188,473	75457
GRF	600-439	Commission to Reform Medicaid	$	125,000	$	125,000	75458
GRF	600-502	Child Support Match	$	16,814,103	$	16,814,103	75459
GRF	600-511	Disability Financial Assistance	$	22,839,371	$	22,839,371	75460
GRF	600-521	Family Stability Subsidy	$	55,206,401	$	55,206,401	75461
GRF	600-523	Children and Families Subsidy	$	69,846,563	$	69,846,563	75462
GRF	600-525	Health Care/Medicaid					75463
		State	$	3,676,753,835	$	3,892,593,671	75464
		Federal	$	5,223,371,246	$	5,567,441,206	75465
		Health Care Total	$	8,900,125,081	$	9,460,034,877	75466
GRF	600-528	Adoption Services					75467
		State	$	33,395,955	$	36,017,981	75468
		Federal	$	37,368,248	$	41,115,000	75469
		Adoption Services Total	$	70,764,203	$	77,132,981	75470
TOTAL GRF General Revenue Fund							75471
		State	$	4,457,354,887	$	4,672,725,588	75472
		Federal	$	5,320,859,740	$	5,669,578,045	75473
		GRF Total	$	9,778,214,627	$	10,342,303,633	75474

General Services Fund Group

75475

4A8	600-658	Child Support Collections	$	27,255,646	$	26,680,794	75476
4R4	600-665	BCII Services/Fees	$	136,974	$	136,974	75477
5C9	600-671	Medicaid Program Support	$	54,686,270	$	55,137,078	75478
5N1	600-677	County Technologies	$	5,000,000	$	5,000,000	75479
613	600-645	Training Activities	$	135,000	$	135,000	75480
TOTAL GSF General Services							75481
Fund Group			$	87,213,890	$	87,089,846	75482

Federal Special Revenue Fund Group

75483

3A2	600-641	Emergency Food Distribution	$	2,083,500	$	2,187,675	75484
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	75485
3F0	600-623	Health Care Federal	$	408,467,306	$	424,104,433	75486
3F0	600-650	Hospital Care Assurance Match	$	298,128,308	$	305,879,644	75487
3G5	600-655	Interagency Reimbursement	$	1,180,523,642	$	1,245,244,536	75488
3H7	600-617	Child Care Federal	$	224,539,425	$	235,045,596	75489
3N0	600-628	IV-E Foster Care Maintenance	$	173,963,142	$	173,963,142	75490
3S5	600-622	Child Support Projects	$	534,050	$	534,050	75491
3V0	600-662	WIA Ohio Option #7	$	87,407,014	$	89,352,850	75492
3V0	600-688	Workforce Investment Act	$	93,636,390	$	94,932,750	75493
3V4	600-678	Federal Unemployment Programs	$	153,690,682	$	154,111,608	75494
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	3,097,320	$	2,860,297	75495
3V6	600-689	TANF Block Grant	$	766,095,609	$	821,909,688	75496
3W3	600-659	TANF/Title XX	$	88,994,049	$	93,498,158	75497
316	600-602	State and Local Training	$	11,212,594	$	11,249,282	75498
327	600-606	Child Welfare	$	29,119,408	$	28,665,728	75499
331	600-686	Federal Operating	$	48,237,185	$	47,340,081	75500
365	600-681	JOB Training Program	$	5,000,000	$	0	75501
384	600-610	Food Stamps and State Administration	$	134,560,572	$	135,141,694	75502
385	600-614	Refugee Services	$	5,793,656	$	5,841,407	75503
395	600-616	Special Activities/Child and Family Services	$	3,975,821	$	3,975,821	75504
396	600-620	Social Services Block Grant	$	74,969,767	$	74,986,134	75505
397	600-626	Child Support	$	304,157,939	$	307,468,576	75506
398	600-627	Adoption Maintenance/ Administration	$	339,957,978	$	340,104,370	75507
TOTAL FED Federal Special Revenue							75508
Fund Group			$	4,440,185,881	$	4,600,438,044	75509

State Special Revenue Fund Group

75510

198	600-647	Children's Trust Fund	$	4,336,109	$	4,336,109	75511
4A9	600-607	Unemployment Compensation Admin Fund	$	8,001,000	$	8,001,000	75512
4E3	600-605	Nursing Home Assessments	$	4,759,913	$	4,759,914	75513
4E7	600-604	Child and Family Services Collections	$	300,000	$	300,000	75514
4F1	600-609	Foundation Grants/Child and Family Services	$	119,310	$	119,310	75515
4J5	600-613	Nursing Facility Bed Assessments	$	35,060,013	$	35,064,238	75516
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	75517
4K1	600-621	ICF/MR Bed Assessments	$	20,467,050	$	20,428,726	75518
4R3	600-687	Banking Fees	$	892,000	$	892,000	75519
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	75520
5A5	600-685	Unemployment Benefit Automation	$	14,000,000	$	0	75521
5P5	600-692	Health Care Services	$	492,932,514	$	515,947,439	75522
5Q9	600-619	Supplemental Inpatient Hospital Payments	$	30,797,539	$	30,797,539	75523
5R2	600-608	Medicaid-Nursing Facilities	$	125,517,482	$	134,666,713	75524
5S3	600-629	MR/DD Medicaid Administration and Oversight	$	1,620,960	$	1,620,960	75525
5T2	600-652	Child Support Special Payment	$	1,500,000	$	750,000	75526
5U3	600-654	Health Care Services Administration	$	7,576,322	$	6,119,127	75527
5U6	600-663	Children and Family Support	$	4,929,718	$	4,929,718	75528
651	600-649	Hospital Care Assurance Program Fund	$	208,634,072	$	214,058,558	75529
TOTAL SSR State Special Revenue							75530
Fund Group			$	987,144,002	$	1,008,491,351	75531

Agency Fund Group

75532

192	600-646	Support Intercept - Federal	$	136,500,000	$	136,500,000	75533
5B6	600-601	Food Stamp Intercept	$	5,000,000	$	5,000,000	75534
583	600-642	Support Intercept - State	$	20,565,582	$	20,565,582	75535
TOTAL AGY Agency Fund Group			$	162,065,582	$	162,065,582	75536

Holding Account Redistribution Fund Group

75537

R12	600-643	Refunds and Audit Settlements	$	5,343,906	$	5,343,906	75538
R13	600-644	Forgery Collections		700,000		700,000	75539
TOTAL 090 Holding Account Redistribution Fund Group			$	6,043,906	$	6,043,906	75540
TOTAL ALL BUDGET FUND GROUPS			$	15,460,867,888	$	16,206,432,362	75541

Section 58.01. OHIO COMMISSION TO REFORM MEDICAID

75543

The foregoing appropriation item 600-4XX, Commission to	75544
Reform Medicaid, shall be used to fund the Ohio Commission to	75545
Reform Medicaid.	75546

HEALTH CARE/MEDICAID

75547

The foregoing appropriation item 600-525, Health	75548
Care/Medicaid, shall not be limited by the provisions of section	75549
131.33 of the Revised Code.	75550

Section 58.02. CHILD SUPPORT COLLECTIONS/TANF MOE

75551

The foregoing appropriation item 600-658, Child Support	75552
Collections, shall be used by the Department of Job and Family	75553
Services to meet the TANF maintenance of effort requirements of	75554
Pub. L. No. 104-193. After the state has met the maintenance of	75555
effort requirement, the Department of Job and Family Services may	75556
use funds from appropriation item 600-658 to support public	75557
assistance activities.	75558

Section 58.03. MEDICAID PROGRAM SUPPORT FUND - STATE

75559

The foregoing appropriation item 600-671, Medicaid Program	75560
Support, shall be used by the Department of Job and Family	75561
Services to pay for Medicaid services and contracts. The	75562
Department may also deposit to Fund 5C9 revenues received from	75563
other state agencies for Medicaid services under the terms of	75564
interagency agreements between the Department and other state	75565
agencies.	75566

Section 58.04. HEALTH CARE SERVICES ADMINISTRATION

75567

The foregoing appropriation item 600-654, Health Care	75568
Services Administration, shall be used by the Department of Job	75569
and Family Services for costs associated with the administration	75570
of the Medicaid program.	75571

Section 58.05. HEALTH CARE SERVICES ADMINISTRATION FUND

75572

Of the amount received by the Department of Job and Family	75573
Services during fiscal year 2004 and fiscal year 2005 from the	75574
first installment of assessments paid under section 5112.06 of the	75575
Revised Code and intergovernmental transfers made under section	75576
5112.07 of the Revised Code, the Director of Job and Family	75577
Services shall deposit $350,000 into the state treasury to the	75578
credit of the Health Care Services Administration Fund (Fund 5U3).	75579

HOSPITAL CARE ASSURANCE MATCH FUND

75580

Appropriation item 600-650, Hospital Care Assurance Match,	75581
shall be used by the Department of Job and Family Services in	75582
accordance with division (B) of section 5112.18 of the Revised	75583
Code.	75584

Section 58.06. TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

75585

Upon the request of the Department of Job and Family	75586
Services, the Director of Budget and Management may seek	75587
Controlling Board approval to increase appropriations in	75588
appropriation item 600-689, TANF Block Grant, provided sufficient	75589
funds exist to do so without any corresponding decrease in other	75590
appropriation items. The Department of Job and Family Services	75591
shall provide the Director of Budget and Management and the	75592
Controlling Board with documentation to support the need for the	75593
increased appropriation.	75594

All transfers of moneys from or charges against TANF Federal	75595
Block Grant awards for use in the Social Services Block Grant or	75596
the Child Care and Development Block Grant shall be done after the	75597
Department of Job and Family Services gives written notice to the	75598
Director of Budget and Management. The Department of Job and	75599
Family Services shall first provide the Director of Budget and	75600
Management with documentation to support the need for such	75601
transfers or charges for use in the Social Services Block Grant or	75602
in the Child Care and Development Block Grant.	75603

Before the thirtieth day of September of each fiscal year,	75604
the Department of Job and Family Services shall file claims with	75605
the United States Department of Health and Human Services for	75606
reimbursement for all allowable expenditures for services provided	75607
by the Department of Job and Family Services, or other agencies	75608
that may qualify for Social Services Block Grant funding pursuant	75609
to Title XX of the Social Security Act.	75610

Section 58.06a. GOVERNOR'S OFFICE FOR FAITH-BASED NONPROFIT	75611
AND OTHER NONPROFIT ORGANIZATIONS	75612

Of the foregoing appropriation item 600-659, TANF/Title XX,	75613
$625,000 in the fiscal year 2004-2005 biennium shall be used to	75614
support the activities of the Governor's Office for Faith-Based	75615
Nonprofit and Other Nonprofit Organizations.	75616

OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS

75617

Of the foregoing appropriation item 600-659, TANF/Title XX	75618
(Fund 3W3), up to $4,500,000 in each fiscal year shall be used by	75619
the Department of Job and Family Services to support expenditures	75620
to the Ohio Association of Second Harvest Food Banks according to	75621
the following criteria.	75622

As used in this section, "federal poverty guidelines" has the	75623
same meaning as in section 5101.46 of the Revised Code.	75624

The Department of Job and Family Services shall provide an	75625
annual grant of $4,500,000 in each of the fiscal years 2004 and	75626
2005 to the Ohio Association of Second Harvest Food Banks. In each	75627
fiscal year, the Ohio Association of Second Harvest Food Banks	75628
shall use $2,500,000 for the purchase of food products for the	75629
Ohio Food Program, of which up to $105,000 may be used for food	75630
storage and transport, and shall use $2,000,000 for the	75631
Agricultural Surplus Production Alliance Project. Funds provided	75632
for the Ohio Food Program shall be used to purchase food products	75633
and to distribute those food products to agencies participating in	75634
the emergency food distribution program. No funds provided through	75635
this grant may be used for administrative expenses other than	75636
funds provided for food storage and transport. As soon as possible	75637
after entering into a grant agreement at the beginning of each	75638
fiscal year, the Department of Job and Family Services shall	75639
distribute the grant funds in one single payment. The Ohio	75640
Association of Second Harvest Food Banks shall develop a plan for	75641
the distribution of the food products to local food distribution	75642
agencies. Agencies receiving these food products shall ensure that	75643
individuals and families who receive any of the food products	75644
purchased with these funds have an income at or below 150 per cent	75645
of the federal poverty guidelines. The Department of Job and	75646
Family Services and the Ohio Association of Second Harvest Food	75647
Banks shall agree on reporting requirements to be incorporated	75648
into the grant agreement.	75649

The Ohio Association of Second Harvest Food Banks shall	75650
return any fiscal year 2004 funds from this grant remaining	75651
unspent on June 30, 2004, to the Department of Job and Family	75652
Services not later than November 1, 2004. The Ohio Association of	75653
Second Harvest Food Banks shall return any fiscal year 2005 funds	75654
from the grant remaining unspent on June 30, 2005, to the	75655
Department of Job and Family Services no later than November 1,	75656
2005.	75657

Section 58.06b. ADULT PROTECTIVE SERVICES

75658

Of the foregoing appropriation item 600-659, TANF/Title XX	75659
(Fund 3W3), up to $2,700,000 in each fiscal year shall be used by	75660
the Department of Job and Family Services to reimburse county	75661
departments of job and family services for all or part of the	75662
costs they incur in providing adult protective services pursuant	75663
to sections 5101.60 to 5101.71 of the Revised Code.	75664

Section 58.07. PRESCRIPTION DRUG REBATE FUND

75665

The foregoing appropriation item 600-692, Health Care	75666
Services, shall be used by the Department of Job and Family	75667
Services in accordance with section 5111.081 of the Revised Code.	75668
Moneys recovered by the Department pursuant to the Department's	75669
rights of recovery under section 5101.58 of the Revised Code, that	75670
are not directed to the Health Care Services Administration Fund	75671
(Fund 5U3) pursuant to section 5111.94 of the Revised Code shall	75672
also be deposited into Fund 5P5.	75673

Section 58.08. ODJFS FUNDS

75674

AGENCY FUND GROUP

75675

The Agency Fund Group shall be used to hold revenues until	75676
the appropriate fund is determined or until they are directed to	75677
the appropriate governmental agency other than the Department of	75678
Job and Family Services. If it is determined that additional	75679
appropriation authority is necessary, such amounts are hereby	75680
appropriated.	75681

HOLDING ACCOUNT REDISTRIBUTION GROUP

75682

The foregoing appropriation items 600-643, Refunds and Audit	75683
Settlements, and 600-644, Forgery Collections, Holding Account	75684
Redistribution Fund Group, shall be used to hold revenues until	75685
they are directed to the appropriate accounts or until they are	75686
refunded. If it is determined that additional appropriation	75687
authority is necessary, such amounts are hereby appropriated.	75688

Section 58.09. CONSOLIDATED FUNDING ALLOCATION FOR COUNTY	75689
DEPARTMENTS OF JOB AND FAMILY SERVICES	75690

Using the foregoing appropriation items 600-521, Family	75691
Stability Subsidy; 600-659, TANF/Title XX; 600-610, Food Stamps	75692
and State Administration; 600-410, TANF State; 600-689, TANF Block	75693
Grant; 600-620, Social Services Block Grant; 600-523, Children and	75694
Families Subsidy; 600-413, Child Care Match/Maintenance of Effort;	75695
600-617, Child Care Federal; 600-623, Health Care Federal; and	75696
600-614, Refugees Services, the Department of Job and Family	75697
Services may establish a single allocation for county departments	75698
of job and family services. The county department is not required	75699
to use all the money from one or more of the appropriation items	75700
listed in this paragraph for the purpose for which the specific	75701
appropriation item is made so long as the county department uses	75702
the money for a purpose for which at least one of the other of	75703
those appropriation items is made. The county department may not	75704
use the money in the allocation for a purpose other than a purpose	75705
any of those appropriation items are made. If the spending	75706
estimates used in establishing the single allocation are not	75707
realized and the county department uses money in one or more of	75708
those appropriation items in a manner for which federal financial	75709
participation is not available, the department shall use state	75710
funds available in one or more of those appropriation items to	75711
ensure that the county department receives the full amount of its	75712
allocation and complete a reconciliation at the end of the fiscal	75713
year to appropriately align cash draws with expenditures related	75714
to state and federal claims.	75715

To facilitate this reconciliation, before the thirty-first	75716
day of May of the current fiscal year and after the conclusion of	75717
the county reconciliation process for the previous fiscal year,	75718
the Director of Job and Family Services may request that the	75719
Director of Budget and Management transfer cash between the funds	75720
that make-up the consolidated allocation to the county departments	75721
of job and family services.	75722

Section 58.10. TRANSFER OF FUNDS

75723

The Department of Job and Family Services shall transfer,	75724
through intrastate transfer vouchers, cash from State Special	75725
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and	75726
Community-Based Services, in the Ohio Department of Mental	75727
Retardation and Developmental Disabilities. The sum of the	75728
transfers shall equal $12,000,000 in fiscal year 2004 and	75729
$12,000,000 in fiscal year 2005. The transfer may occur on a	75730
quarterly basis or on a schedule developed and agreed to by both	75731
departments.	75732

The Department of Job and Family Services shall transfer,	75733
through intrastate transfer vouchers, cash from the State Special	75734
Revenue Fund 4J5, Home and Community-Based Services for the Aged,	75735
to Fund 4J4, PASSPORT, in the Department of Aging. The sum of the	75736
transfers shall be $33,268,052 in fiscal year 2004 and $33,263,984	75737
in fiscal year 2005. The transfer may occur on a quarterly basis	75738
or on a schedule developed and agreed to by both departments.	75739

TRANSFERS OF IMD/DSH CASH

75740

The Department of Job and Family Services shall transfer,	75741
through intrastate transfer voucher, cash from fund 5C9, Medicaid	75742
Program Support, to the Department of Mental Health's Fund 4X5,	75743
OhioCare, in accordance with an interagency agreement which	75744
delegates authority from the Department of Job and Family Services	75745
to the Department of Mental Health to administer specified	75746
Medicaid services.	75747

Section 58.11. EMPLOYER SURCHARGE

75748

The surcharge and the interest on the surcharge amounts due	75749
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	75750
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	75751
118th General Assembly, and section 4141.251 of the Revised Code	75752
as it existed prior to Sub. H.B. 478 of the 122nd General	75753
Assembly, again shall be assessed and collected by, accounted for,	75754
and made available to the Department of Job and Family Services in	75755
the same manner as set forth in section 4141.251 of the Revised	75756
Code as it existed prior to Sub. H.B. 478 of the 122nd General	75757
Assembly, notwithstanding the repeal of the surcharge for calendar	75758
years after 1990, pursuant to Sub. H.B. 478 of the 122nd General	75759
Assembly, except that amounts received by the Director on or after	75760
July 1, 2001, shall be deposited into the special administrative	75761
fund established pursuant to section 4141.11 of the Revised Code.	75762

Section 58.12. FUNDING FOR HABILITATIVE SERVICES

75763

Notwithstanding any limitations contained in sections 5112.31	75764
and 5112.37 of the Revised Code, in each fiscal year, cash from	75765
State Special Revenue Fund 4K1, ICF/MR Bed Assessments, in excess	75766
of the amounts needed for transfers to Fund 4K8 may be used by the	75767
Department of Job and Family Services to cover costs of care	75768
provided to participants in a waiver with an ICF/MR level of care	75769
requirement administered by the Department of Job and Family	75770
Services.	75771

Section 58.13. FUNDING FOR INSTITUTIONAL FACILITY AUDITS AND	75772
THE OHIO ACCESS SUCCESS PROJECT	75773

Notwithstanding any limitations in sections 3721.51 and	75774
3721.56 of the Revised Code, in each fiscal year, cash from the	75775
State Special Revenue Fund 4J5, Home and Community-Based Services	75776
for the Aged, in excess of the amounts needed for the transfers	75777
may be used by the Department of Job and Family Services for the	75778
following purposes: (A) up to $1.0 million in each fiscal year to	75779
fund the state share of audits of Medicaid cost reports filed with	75780
the Department of Job and Family Services by nursing facilities	75781
and intermediate care facilities for the mentally retarded; and	75782
(B) up to $350,000 in fiscal year 2004 and up to $350,000 in	75783
fiscal year 2005 to provide one-time transitional benefits under	75784
the Ohio Access Success Project that the Director of Job and	75785
Family Services may establish under section 5111.206 of the	75786
Revised Code.	75787

Section 58.14. REFUND OF SETS PENALTY

75788

The Department of Job and Family Services shall deposit any	75789
refunds for penalties that were paid directly or indirectly by the	75790
state for the Support Enforcement Tracking System (SETS) to Fund	75791
3V6, TANF Block Grant.	75792

Section 58.15. PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY

75793

The Director of Job and Family Services may submit to the	75794
United States Secretary of Health and Human Services a request to	75795
transfer the day-to-day administration of the Program of	75796
All-Inclusive Care for the Elderly, known as PACE, in accordance	75797
with 42 U.S.C. 1396u-4, to the Department of Aging. If the United	75798
States Secretary approves the transfer, the Directors of Job and	75799
Family Services and Aging may enter into an interagency agreement	75800
under section 5111.86 of the Revised Code to transfer	75801
responsibility for the day-to-day administration of PACE from the	75802
Department of Job and Family Services to the Department of Aging.	75803
The interagency agreement is subject to the approval of the	75804
Director of Budget and Management and shall include an estimated	75805
cost of services to be provided under PACE and an estimated cost	75806
for the administrative duties assigned by the agreement to the	75807
Department of Aging.	75808

If the Directors of Job and Family Services and Aging enter	75809
into the interagency agreement, the Director of Budget and	75810
Management shall reduce the amount in appropriation item 600-525,	75811
Health Care/Medicaid, by the estimated costs of PACE. If the	75812
Director of Budget and Management makes the reduction, the state	75813
and federal share of the estimated costs of PACE services and	75814
administration is hereby appropriated to the Department of Aging.	75815
The Director of Budget and Management shall establish a new	75816
appropriation item for the appropriation.	75817

Section 58.16. MEDICAID ELIGIBILITY REDUCTIONS

75818

The Director of Job and Family Services shall, not later than	75819
ninety days after the effective date of this section, submit to	75820
the United States Secretary of Health and Human Services an	75821
amendment to the state Medicaid plan to eliminate the expansion of	75822
eligibility required by the version of section 5111.019 of the	75823
Revised Code that existed prior to the amendment made by this act.	75824
The reduction in eligibility mandated by this section shall be	75825
implemented not earlier than October 1, 2003, and not later than	75826
the effective date of federal approval.	75827

Section 58.18. APPROPRIATIONS FROM FUND 3V0

75828

Upon the request of the Department of Job and Family	75829
Services, the Director of Budget and Management may increase	75830
appropriations in either appropriation item 600-662, WIA Ohio	75831
Option #7, Fund 3V0 or in appropriation item 600-688, Workforce	75832
Investment Act, Fund 3V0, with a corresponding decrease in the	75833
other appropriation item supported by Fund 3V0 to allow counties	75834
that administer the Workforce Investment Act as a conventional	75835
county to administer the Act as an Ohio Option county or to allow	75836
counties that administer the Workforce Investment Act as an Ohio	75837
Option county to administer the Act as a conventional county.	75838

JOBS FOR OHIO GRADUATES PROGRAM

75839

Pursuant to an interagency agreement entered into between the	75840
Department of Job and Family Services and the Department of	75841
Education, $1,750,000 from Workforce Investment Act funds (Fund	75842
3V0), reserved for statewide workforce investment activities, in	75843
fiscal year 2004 and fiscal year 2005, shall be used to support	75844
the Jobs for Ohio Graduates programs administered by the	75845
Department of Education.	75846

Section 58.19. FEDERAL UNEMPLOYMENT PROGRAMS

75847

There is hereby appropriated out of funds made available to	75848
the state under section 903(d) of the Social Security Act, as	75849
amended, $53,700,000 for fiscal year 2004 and $47,300,000 for	75850
fiscal year 2005. Upon the request of the Director of Job and	75851
Family Services, the Director of Budget and Management shall	75852
increase the appropriation for fiscal year 2004 by the amount	75853
remaining unspent from the fiscal year 2003 appropriation and	75854
shall increase the appropriation for fiscal year 2005 by the	75855
amount remaining unspent from the fiscal year 2004 appropriation.	75856
The appropriation is to be used under the direction of the	75857
Department of Job and Family Services to pay for administrative	75858
activities for the Unemployment Insurance Program, employment	75859
services, and other allowable expenditures under section 903(d) of	75860
the Social Security Act, as amended.	75861

The amounts obligated pursuant to this section shall not	75862
exceed at any time the amount by which the aggregate of the	75863
amounts transferred to the account of the state pursuant to	75864
section 903(d) of the Social Security Act, as amended, exceeds the	75865
aggregate of the amounts obligated for administration and paid out	75866
for benefits and required by law to be charged against the amounts	75867
transferred to the account of the state.	75868

Of the appropriation item 600-678, Federal Unemployment	75869
Programs, in Section 63 of Am. Sub. H.B. 94 of the 124th General	75870
Assembly, as amended, up to $18,000,000 in fiscal year 2004 and up	75871
to $18,000,000 in fiscal year 2005 shall be used by the Department	75872
of Job and Family Services to reimburse the General Revenue Fund,	75873
through state intrastate transfer vouchers, for expenses incurred	75874
on or after the effective date of this section from the General	75875
Revenue Fund for the aforementioned programs as reported to the	75876
federal government as allowable expenditures.	75877

Section 58.20. MEDICAID PAYMENT TO CHILDREN'S HOSPITALS

75878

As used in this section, "children's hospital" has the same	75879
meaning as in section 3702.51 of the Revised Code.	75880

For fiscal years 2004 and 2005, the Medicaid payment to	75881
children's hospitals shall include the adjustment for inflation	75882
provided for by paragraph (G) of rule 5101:3-2-074 of the	75883
Administrative Code as that paragraph existed on December 30,	75884
2002.	75885

The Department of Job and Family Services shall pay to each	75886
children's hospital participating in the Medicaid program an	75887
amount equal to the difference between (1) the amount the hospital	75888
would have been paid under rule 5101:3-2-074 of the Administrative	75889
Code for the period beginning January 1, 2003, and ending May 31,	75890
2003, if the amendment to paragraph (G) of that rule that went	75891
into effect on December 31, 2002, had not gone into effect and (2)	75892
the amount that the hospital was paid under that rule for that	75893
period.	75894

Section 58.20a. MEDICAID PAYMENTS FOR OUTPATIENT HOSPITAL	75895
SERVICES	75896

As used in this section, "hospital" does not include a	75897
children's hospital as defined in the section of this act titled	75898
MEDICAID PAYMENT TO CHILDREN'S HOSPITALS.	75899

The Department of Job and Family Services shall increase the	75900
total amount the Department pays all hospitals under the Medicaid	75901
Program for outpatient services provided during the period	75902
beginning July 1, 2003, and ending June 30, 2004, to the maximum	75903
extent possible using $9,811,136 from the foregoing appropriation	75904
item 600-525, Health Care/Medicaid. The Department of Job and	75905
Family Services shall also increase the total amount the	75906
Department pays all hospitals under the Medicaid Program for	75907
outpatient services provided during the period beginning July 1,	75908
2004, and ending June 30, 2005, to the maximum extent possible	75909
using $9,811,136 from the foregoing appropriation item 600-525,	75910
Health Care/Medicaid. The Department shall make the increase in	75911
accordance with an inflation adjustment factor for outpatient	75912
hospital services established in rules the Director of Job and	75913
Family Services shall adopt in accordance with Chapter 119. of the	75914
Revised Code.	75915

Section 58.21. CHILD CARE ELIGIBILITY

75916

Notwithstanding any other provision of law, the Director of	75917
Job and Family Services shall not reduce the initial and continued	75918
eligibility level for publicly funded child care below one hundred	75919
fifty per cent of the federal poverty line during fiscal years	75920
2004 and 2005.	75921

Section 58.25. MEDICAID COVERAGE OF DENTAL SERVICES

75922

For fiscal years 2004 and 2005, the Medicaid program shall	75923
continue to cover dental services in at least the amount,	75924
duration, and scope that it does on the effective date of this	75925
section under rules governing Medicaid coverage of dental services	75926
adopted under section 5111.02 of the Revised Code.	75927

Section 58.28. WELFARE DIVERSION PROGRAMS

75928

Of the foregoing appropriation item 600-521, Family Stability	75929
Subsidy, prior to county distribution, $1,250,000 in each fiscal	75930
year shall be used to support specific welfare diversion programs.	75931
In each fiscal year, Accountability and Credibility Together (ACT)	75932
shall receive $1,000,000 of the $1,250,000 to continue its welfare	75933
diversion program. In each fiscal year, $250,000 of the $1,250,000	75934
shall be used to establish a welfare diversion demonstration	75935
project in Butler County.	75936

Section 58.29. OHIO COMMISSION TO REFORM MEDICAID

75937

There is hereby established the Ohio Commission to Reform	75938
Medicaid, which shall consist of nine members: three appointed by	75939
the Governor, three by the Speaker of the House of	75940
Representatives, and three by the President of the Senate.	75941
Appointments shall be made not later than ninety days after the	75942
effective date of this section. All members shall serve at the	75943
pleasure of the appointing authority. Members shall serve without	75944
compensation. Vacancies shall be filled in the manner of original	75945
appointments.	75946

The Commission shall conduct a complete review of the state	75947
Medicaid program and shall make recommendations for comprehensive	75948
reform and cost containment. The Commission shall submit a report	75949
of its findings and recommendations to the Governor, Speaker, and	75950
Senate President not later than January 1, 2005.	75951

The Commission may hire a staff director and additional	75952
employees to provide technical support.	75953

The Director of Job and Family Services shall, on behalf of	75954
the Commission, seek federal financial participation for the	75955
administrative costs of the Commission.	75956

Section 58.30. Of the foregoing appropriation item 600-416,	75957
Computer Projects, $500,000 in each fiscal year shall be used by	75958
the Department of Job and Family Services for costs associated	75959
with staff, purchased services, equipment, and maintenance of the	75960
Statewide Automated Child Welfare Information System (SACWIS).	75961
These earmarked dollars are intended to supplement appropriations	75962
in appropriation item 600-423, Office of Children and Families,	75963
that are used for SACWIS. These earmarked dollars shall be in	75964
addition to any other amounts that the Department plans to spend	75965
on SACWIS. The Department shall plan its spending on SACWIS from	75966
appropriation item 600-416, Computer Projects, without regard to	75967
this earmark.	75968

Section 58.31. MEDICAID REIMBURSEMENT RATES FOR NURSING	75969
FACILITIES	75970

(A) As used in this section:

75971

(1) "Change of operator," "entering operator," and "exiting	75972
operator," have the same meaning as in section 5111.65 of the	75973
Revised Code.	75974

(2) "Medicaid day" means all days during which a resident who	75975
is a Medicaid recipient occupies a bed in a nursing facility that	75976
is included in the facility's certified capacity under Title XIX	75977
of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396,	75978
as amended. Therapeutic or hospital leave days for which payment	75979
would be made under section 5111.33 of the Revised Code if not for	75980
this section are considered Medicaid days proportionate to the	75981
percentage of the nursing facility's per resident per day rate	75982
paid for those days.	75983

(3) "Nursing facility" means a facility, or a distinct part	75984
of a facility, that is certified as a nursing facility by the	75985
Director of Health in accordance with Title XIX of the "Social	75986
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended,	75987
participates in the Medicaid program established under Chapter	75988
5111. of the Revised Code, and is not an intermediate care	75989
facility for the mentally retarded as defined in section 5111.20	75990
of the Revised Code. "Nursing facility" includes a facility, or a	75991
distinct part of a facility, that is certified as a nursing	75992
facility by the Director of Health in accordance with Title XIX of	75993
the "Social Security Act," is certified as a skilled nursing	75994
facility by the Director in accordance with Title XVIII of the	75995
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	75996
amended, and participates in the Medicaid program established	75997
under Chapter 5111. of the Revised Code.	75998

(4) "Provider" and "provider agreement" have the same meaning	75999
as in section 5111.20 of the Revised Code.	76000

(B) Notwithstanding Chapter 5111. of the Revised Code or any	76001
other state law to the contrary and subject to division (F) of	76002
this section, the Medicaid reimbursement rate for nursing facility	76003
services provided to a Medicaid recipient during the period	76004
beginning July 1, 2003, and ending June 30, 2004, shall be as	76005
follows:	76006

(1) If the provider has a valid provider agreement regarding	76007
the nursing facility on June 30, 2003, the provider's rate for the	76008
nursing facility shall be the same as the provider's rate for the	76009
nursing facility in effect on June 30, 2003, increased in	76010
accordance with division (C) of this section;	76011

(2) If the nursing facility undergoes a change of operator on	76012
July 1, 2003, the entering operator's rate for the nursing	76013
facility shall be the same as the exiting operator's rate for the	76014
nursing facility that is in effect on June 30, 2003, increased in	76015
accordance with division (C) of this section;	76016

(3) If the nursing facility undergoes a change of operator	76017
after July 1, 2003, and before July 1, 2004, the entering	76018
operator's rate for the nursing facility shall be the same as the	76019
exiting operator's rate for the nursing facility that is in effect	76020
on the day before the effective date of the entering operator's	76021
provider agreement;	76022

(4) If the nursing facility both obtains initial	76023
certification as a nursing facility from the Director of Health	76024
and begins participation in the Medicaid program after June 30,	76025
2003, the provider's rate for the nursing facility shall be the	76026
median of all rates paid to nursing facilities on July 1, 2003;	76027

(5) If one or more Medicaid certified beds are added to the	76028
nursing facility on July 1, 2003, the provider's rate for the	76029
added beds shall be the same as the provider's rate that is in	76030
effect on June 30, 2003, for the Medicaid certified beds that are	76031
in the nursing facility on June 30, 2003, increased in accordance	76032
with division (C) of this section;	76033

(6) If one or more Medicaid certified beds are added to the	76034
nursing facility after July 1, 2003, and before July 1, 2004, the	76035
provider's rate for the added beds shall be the same as the	76036
provider's rate for the Medicaid certified beds that are in the	76037
nursing facility on the day before the new beds are added.	76038

(C) For the purpose of divisions (B)(1), (2), and (5) of this	76039
section and in accordance with rules the Director of Job and	76040
Family Services shall adopt in accordance with Chapter 119. of the	76041
Revised Code, the Department of Job and Family Services shall	76042
increase the Medicaid reimbursement rate for nursing facility	76043
services provided to a Medicaid recipient during the period	76044
beginning July 1, 2003, and ending June 30, 2004, as follows:	76045

(1) To the maximum extent possible using $16,489,281 from the	76046
foregoing appropriation item 600-525, Health Care/Medicaid.	76047

(2) By forty-five cents per Medicaid day using $11,763,298	76048
from the foregoing appropriation item 600-608, Medicaid-Nursing	76049
Facilities, and $16,809,201 from the foregoing appropriation item	76050
600-623, Health Care Federal;	76051

(3) To the maximum extent possible using the funds specified	76052
in division (C)(2) of this section that remain after the increase	76053
is made under that division.	76054

(D) Notwithstanding Chapter 5111. of the Revised Code or any	76055
other state law to the contrary and subject to division (F) of	76056
this section, the Medicaid reimbursement rate for nursing facility	76057
services provided to a Medicaid recipient during the period	76058
beginning July 1, 2004, and ending June 30, 2005, shall be as	76059
follows:	76060

(1) If the provider has a valid provider agreement regarding	76061
the nursing facility on June 30, 2004, the provider's rate for the	76062
nursing facility shall be the same as the provider's rate for the	76063
nursing facility in effect on June 30, 2004, increased in	76064
accordance with division (E) of this section;	76065

(2) If the nursing facility undergoes a change of operator on	76066
July 1, 2004, the entering operator's rate for the nursing	76067
facility shall be the same as the exiting operator's rate for the	76068
nursing facility that is in effect on June 30, 2004, increased in	76069
accordance with division (E) of this section;	76070

(3) If the nursing facility undergoes a change of operator	76071
after July 1, 2004, the entering operator's rate for the nursing	76072
facility shall be the same as the exiting operator's rate for the	76073
nursing facility that is in effect on the day before the effective	76074
date of the entering operator's provider agreement;	76075

(4) If the nursing facility both obtains initial	76076
certification as a nursing facility from the Director of Health	76077
and begins participation in the Medicaid program after June 30,	76078
2004, the provider's rate for the nursing facility shall be the	76079
median of all rates paid to nursing facilities on July 1, 2004;	76080

(5) If one or more Medicaid certified beds are added to the	76081
nursing facility on July 1, 2004, the provider's rate for the	76082
added beds shall be the same as the provider's rate that is in	76083
effect on June 30, 2004, for the Medicaid certified beds that are	76084
in the nursing facility on June 30, 2004, increased in accordance	76085
with division (E) of this section;	76086

(6) If one or more Medicaid certified beds are added to the	76087
nursing facility after July 1, 2004, the provider's rate for the	76088
added beds shall be the same as the provider's rate for the	76089
Medicaid certified beds that are in the nursing facility on the	76090
day before the new beds are added.	76091

(E) For the purpose of divisions (D)(1), (2), and (5) of this	76092
section and in accordance with rules the Director of Job and	76093
Family Services shall adopt in accordance with Chapter 119. of the	76094
Revised Code, the Department of Job and Family Services shall	76095
increase the Medicaid reimbursement rate for nursing facility	76096
services provided to a Medicaid recipient during the period	76097
beginning July 1, 2004, and ending June 30, 2005, as follows:	76098

(1) To the maximum extent possible using $93,591,290 from the	76099
foregoing appropriation item 600-525, Health Care/Medicaid.	76100

(2) By twenty cents per Medicaid day using $20,912,529 from	76101
the foregoing appropriation item 600-608, Medicaid-Nursing	76102
Facilities, and $29,883,024 from the foregoing appropriation item	76103
600-623, Health Care Federal;	76104

(3) To the maximum extent possible using the funds specified	76105
in division (E)(2) of this section that remain after the increase	76106
is made under that division.	76107

(F) A nursing facility's reimbursement rate for services	76108
provided to a Medicaid recipient during any part of the period	76109
beginning July 1, 2003, and ending June 30, 2005, shall be	76110
adjusted to reflect each audit adjustment made to each cost report	76111
used to establish the June 30, 2003, rate on which the nursing	76112
facility's reimbursement rate for services provided during any	76113
part of the period beginning July 1, 2003, and ending June 30,	76114
2005, is based. This division does not affect a nursing facility's	76115
reimbursement rate determined under division (B)(4) or (D)(4) of	76116
this section.	76117

Section 58.32. MEDICAID REIMBURSEMENT RATES FOR ICFs/MR

76118

(A) As used in this section:

76119

(1) "Change of operator," "entering operator," and "exiting	76120
operator" have the same meaning as in section 5111.65 of the	76121
Revised Code.	76122

(2) "Intermediate care facility for the mentally retarded"	76123
means an intermediate care facility for the mentally retarded	76124
certified as in compliance with applicable standards for the	76125
Medicaid program by the Director of Health in accordance with	76126
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	76127
U.S.C. 1396, as amended, and participates in the Medicaid program	76128
established under Chapter 5111. of the Revised Code, except that	76129
it does not include an intermediate care facility for the mentally	76130
retarded that is operated by the Department of Mental Retardation	76131
and Developmental Disabilities and has its Medicaid reimbursement	76132
rate computed in accordance with section 5111.291 of the Revised	76133
Code.	76134

(3) "Medicaid day" means all days during which a resident who	76135
is a Medicaid recipient occupies a bed in an intermediate care	76136
facility for the mentally retarded that is included in the	76137
facility's certified capacity under Title XIX of the "Social	76138
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	76139
Therapeutic or hospital leave days for which payment would be made	76140
under section 5111.33 of the Revised Code if not for this section	76141
are considered Medicaid days proportionate to the percentage of	76142
the intermediate care facility for the mentally retarded's per	76143
resident per day rate paid for those days.	76144

(4) "Provider" and "provider agreement" have the same meaning	76145
as in section 5111.20 of the Revised Code.	76146

(B) Notwithstanding Chapter 5111. of the Revised Code or any	76147
other state law to the contrary and subject to division (F) of	76148
this section, the Medicaid reimbursement rate for intermediate	76149
care facility services for the mentally retarded provided to a	76150
Medicaid recipient during the period beginning July 1, 2003, and	76151
ending June 30, 2004, shall be as follows:	76152

(1) If the provider has a valid provider agreement regarding	76153
the intermediate care facility for the mentally retarded on June	76154
30, 2003, the provider's rate for the facility shall be the same	76155
as the provider's rate for the facility in effect on June 30,	76156
2003, increased in accordance with division (C) of this section;	76157

(2) If the intermediate care facility for the mentally	76158
retarded undergoes a change of operator on July 1, 2003, the	76159
entering operator's rate for the facility shall be the same as the	76160
exiting operator's rate for the facility that is in effect on June	76161
30, 2003, increased in accordance with division (C) of this	76162
section;	76163

(3) If the intermediate care facility for the mentally	76164
retarded undergoes a change of operator after July 1, 2003, and	76165
before July 1, 2004, the entering operator's rate for the facility	76166
shall be the same as the exiting operator's rate for the facility	76167
that is in effect on the day before the effective date of the	76168
entering operator's provider agreement;	76169

(4) If the intermediate care facility for the mentally	76170
retarded both obtains initial certification as an intermediate	76171
care facility for the mentally retarded from the Director of	76172
Health and begins participation in the Medicaid program after June	76173
30, 2003, the provider's rate for the facility shall be the median	76174
of all rates paid to intermediate care facilities for the mentally	76175
retarded on July 1, 2003;	76176

(5) If one or more Medicaid certified beds are added to the	76177
intermediate care facility for the mentally retarded on July 1,	76178
2003, the provider's rate for the added beds shall be the same as	76179
the provider's rate that is in effect on June 30, 2003, for the	76180
Medicaid certified beds that are in the facility on June 30, 2003,	76181
increased in accordance with division (C) of this section;	76182

(6) If one or more Medicaid certified beds are added to the	76183
intermediate care facility for the mentally retarded after July 1,	76184
2003, and before July 1, 2004, the provider's rate for the added	76185
beds shall be the same as the provider's rate for the Medicaid	76186
certified beds that are in facility on the day before the new beds	76187
are added.	76188

(C) For the purpose of divisions (B)(1), (2), and (5) of this	76189
section and in accordance with rules the Director of Job and	76190
Family Services shall adopt in accordance with Chapter 119. of the	76191
Revised Code, the Department of Job and Family Services shall	76192
increase the Medicaid reimbursement rate for intermediate care	76193
facility services for the mentally retarded provided to a Medicaid	76194
recipient during the period beginning July 1, 2003, and ending	76195
June 30, 2004, to the maximum extent possible using $2,516,128	76196
from the foregoing appropriation item 600-525, Health	76197
Care/Medicaid. However, no intermediate care facility for the	76198
mentally retarded's Medicaid reimbursement rate for that period	76199
shall exceed one hundred two per cent of its rate on June 30,	76200
2003.	76201

(D) Notwithstanding Chapter 5111. of the Revised Code or any	76202
other state law to the contrary and subject to division (F) of	76203
this section, the Medicaid reimbursement rate for intermediate	76204
care facility services for the mentally retarded provided to a	76205
Medicaid recipient during the period beginning July 1, 2004, and	76206
ending June 30, 2005, shall be as follows:	76207

(1) If the provider has a valid provider agreement regarding	76208
the intermediate care facility for the mentally retarded on June	76209
30, 2004, the provider's rate for the facility shall be the same	76210
as the provider's rate for the facility in effect on June 30,	76211
2004, increased in accordance with division (E) of this section;	76212

(2) If the intermediate care facility for the mentally	76213
retarded undergoes a change of operator on July 1, 2004, the	76214
entering operator's rate for the facility shall be the same as the	76215
exiting operator's rate for the facility that is in effect on June	76216
30, 2004, increased in accordance with division (E) of this	76217
section;	76218

(3) If the intermediate care facility for the mentally	76219
retarded undergoes a change of operator after July 1, 2004, the	76220
entering operator's rate for the facility shall be the same as the	76221
exiting operator's rate for the facility that is in effect on the	76222
day before the effective date of the entering operator's provider	76223
agreement;	76224

(4) If the intermediate care facility for the mentally	76225
retarded both obtains initial certification as an intermediate	76226
care facility for the mentally retarded from the Director of	76227
Health and begins participation in the Medicaid program after June	76228
30, 2004, the provider's rate for the facility shall be the median	76229
of all rates paid to intermediate care facilities for the mentally	76230
retarded on July 1, 2004;	76231

(5) If one or more Medicaid certified beds are added to the	76232
intermediate care facility for the mentally retarded on July 1,	76233
2004, the provider's rate for the added beds shall be the same as	76234
the provider's rate that is in effect on June 30, 2004, for the	76235
Medicaid certified beds that are in the facility on June 30, 2004,	76236
increased in accordance with division (E) of this section;	76237

(6) If one or more Medicaid certified beds are added to the	76238
intermediate care facility for the mentally retarded after July 1,	76239
2004, the provider's rate for the added beds shall be the same as	76240
the provider's rate for the Medicaid certified beds that are in	76241
facility on the day before the new beds are added.	76242

(E) For the purpose of divisions (D)(1), (2), and (5) of this	76243
section and in accordance with rules the Director of Job and	76244
Family Services shall adopt in accordance with Chapter 119. of the	76245
Revised Code, the Department of Job and Family Services shall	76246
increase the Medicaid reimbursement rate for intermediate care	76247
facility services for the mentally retarded provided to a Medicaid	76248
recipient during the period beginning July 1, 2004, and ending	76249
June 30, 2005, to the maximum extent possible using $11,153,895	76250
from the foregoing appropriation item 600-525, Health	76251
Care/Medicaid. However, no intermediate care facility for the	76252
mentally retarded's Medicaid reimbursement rate for that period	76253
shall exceed one hundred two per cent of its rate on June 30,	76254
2004.	76255

(F) The reimbursement rate of an intermediate care facility	76256
for the mentally retarded for services provided to a Medicaid	76257
recipient during any part of the period beginning July 1, 2003,	76258
and ending June 30, 2005, shall be adjusted to reflect each audit	76259
adjustment made to each cost report used to establish the June 30,	76260
2003, rate on which the facility's reimbursement rate for services	76261
provided during any part of the period beginning July 1, 2003, and	76262
ending June 30, 2005, is based. This division does not affect the	76263
reimbursement rate of an intermediate care facility for the	76264
mentally retarded determined under division (B)(4) or (D)(4) of	76265
this section.	76266

Section 58.33. DISABILITY ASSISTANCE TRANSITION

76267

(A) Subject to the provisions of Chapter 5115. of the Revised	76268
Code, as amended, enacted, and repealed by this act, the	76269
Disability Financial Assistance Program constitutes a continuation	76270
of the financial assistance component of the Disability Assistance	76271
Program established under Chapter 5115. of the Revised Code, as it	76272
existed prior to the effective date of this section, and the	76273
Disability Medical Assistance Program constitutes a continuation	76274
of the medical assistance component of the Disability Assistance	76275
Program.	76276

Any business commenced but not completed on behalf of the	76277
Disability Assistance Program shall be completed in the same	76278
manner, and with the same effect, on behalf of the Disability	76279
Financial Assistance Program and the Disability Medical Assistance	76280
Program.	76281

Except as provided in divisions (B) and (C) of this section,	76282
all rules, orders, and determinations regarding the Disability	76283
Assistance Program continue in effect as rules, orders, and	76284
determinations regarding the Disability Financial Assistance	76285
Program and the Disability Medical Assistance Program, until	76286
modified or rescinded.	76287

Wherever the Disability Assistance Program is referred to in	76288
any law, contract, or other document, the reference shall be	76289
deemed to refer to the Disability Financial Assistance Program or	76290
the Disability Medical Assistance Program, whichever is	76291
appropriate.	76292

(B) Notwithstanding any determination through administrative	76293
or judicial order or otherwise, a person who was receiving	76294
financial assistance under the Disability Assistance Program prior	76295
to the effective date of this section ceases to be eligible for	76296
continued financial assistance under the Disability Financial	76297
Assistance Program on the effective date of this section, unless	76298
one of the following is the case:	76299

(1) The person was receiving the assistance on the basis of	76300
being age 60 or older or on the basis of being unable to do any	76301
substantial or gainful activity by reason of a medically	76302
determinable physical or mental impairment that can be expected to	76303
result in death or has lasted or can be expected to last for not	76304
less than nine months.	76305

(2) The person was receiving the assistance by meeting other	76306
eligibility requirements but applies for Disability Financial	76307
Assistance pursuant to section 5115.05 of the Revised Code, as	76308
amended by this act, and receives a determination of eligibility	76309
by meeting the requirements specified in section 5115.01 of the	76310
Revised Code, as amended by this act.	76311

(C) Notwithstanding the provisions of section 5115.10 of the	76312
Revised Code, as amended by this act, that limit eligibility for	76313
disability medical assistance to persons determined to be	76314
medication dependent, both of the following apply:	76315

(1) The Director of Job and Family Services may adopt rules	76316
in accordance with section 111.15 of the Revised Code providing	76317
for and governing temporary provision of disability medical	76318
assistance to persons who were recipients of medical assistance	76319
under the Disability Assistance Program prior to the effective	76320
date of this section.	76321

(2) A person's eligibility for disability medical assistance	76322
may continue pursuant to the rules adopted under division (C)(1)	76323
of this section until the state or county department of job and	76324
family services conducts a redetermination of the person's	76325
eligibility in accordance with the requirement that recipients be	76326
medication dependent, unless the person otherwise becomes	76327
ineligible for disability medical assistance.	76328

Section 58.34. Of the foregoing appropriation item 600-689,	76329
TANF Block Grant, $57,170,000 in fiscal year 2004 shall be used	76330
for the Head Start Program pursuant to an interagency agreement	76331
entered into by Department of Job and Family Services and the	76332
Department of Education under division (A)(2) of section 5101.801	76333
of the Revised Code. Of that amount, $5,000,000 shall be used to	76334
increase the number of Head Start slots in fiscal year 2004.	76335

Of the foregoing appropriation item 600-689, TANF Block	76336
Grant, $110,184,000 in fiscal year 2005 shall be used for the Head	76337
Start Plus Program pursuant to an interagency agreement entered	76338
into by Department of Job and Family Services and the Department	76339
of Education under division (A)(2) of section 5101.801 of the	76340
Revised Code. Of that amount, $5,000,000 shall be used to ensure	76341
that Head Start Plus provider payments are at least $8,500 per	76342
year in fiscal year 2005.	76343

Section 59. JCO JUDICIAL CONFERENCE OF OHIO

76344

General Revenue Fund

76345

GRF	018-321		Operating Expenses		$	962,000		$	957,000		76346
TOTAL GRF General Revenue Fund					$	962,000		$	957,000		76347

General Services Fund Group

76348

403	018-601	Ohio Jury Instructions	$	200,000	$	200,000	76349
TOTAL GSF General Services Fund Group			$	200,000	$	200,000	76350
TOTAL ALL BUDGET FUND GROUPS			$	1,162,000	$	1,157,000	76351

STATE COUNCIL OF UNIFORM STATE LAWS

76352

Notwithstanding section 105.26 of the Revised Code, of the	76353
foregoing appropriation item 018-321, Operating Expenses, up to	76354
$63,000 in fiscal year 2004 and up to $66,000 in fiscal year 2005	76355
may be used to pay the expenses of the State Council of Uniform	76356
State Laws, including membership dues to the National Conference	76357
of Commissioners on Uniform State Laws.	76358

OHIO JURY INSTRUCTIONS FUND

76359

The Ohio Jury Instructions Fund (Fund 403) shall consist of	76360
grants, royalties, dues, conference fees, bequests, devises, and	76361
other gifts received for the purpose of supporting costs incurred	76362
by the Judicial Conference of Ohio in dispensing educational and	76363
informational data to the state's judicial system. Fund 403 shall	76364
be used by the Judicial Conference of Ohio to pay expenses	76365
incurred in dispensing educational and informational data to the	76366
state's judicial system. All moneys accruing to Fund 403 in excess	76367
of $200,000 in fiscal year 2004 and in excess of $200,000 in	76368
fiscal year 2005 are hereby appropriated for the purposes	76369
authorized.	76370

No money in the Ohio Jury Instructions Fund shall be	76371
transferred to any other fund by the Director of Budget and	76372
Management or the Controlling Board.	76373

Section 60. JSC THE JUDICIARY/SUPREME COURT

76374

General Revenue Fund

76375

GRF	005-321	Operating Expenses - Judiciary/Supreme Court	$	113,636,659	$	118,401,294	76376
GRF	005-401	State Criminal Sentencing Council	$	346,194	$	356,371	76377
GRF	005-406	Law-Related Education	$	209,836	$	216,131	76378
TOTAL GRF General Revenue Fund			$	114,192,689	$	118,973,796	76379

General Services Fund Group

76380

672	005-601		Continuing Judicial Education		$	126,000		$	120,000		76381
TOTAL GSF General Services Fund Group					$	126,000		$	120,000		76382

Federal Special Revenue Fund Group

76383

3J0	005-603		Federal Grants		$	1,030,061		$	1,030,061		76384
TOTAL FED Federal Special Revenue Fund Group					$	1,030,061		$	1,030,061		76385

State Special Revenue Fund Group

76386

4C8	005-605	Attorney Registration	$	2,332,733	$	2,495,171	76387
5T8	005-609	Grants and Awards	$	33,296	$	33,296	76388
6A8	005-606	Supreme Court Admissions	$	1,230,514	$	1,267,428	76389
643	005-607	Commission on Continuing Legal Education	$	568,788	$	587,210	76390
TOTAL SSR State Special Revenue Fund Group			$	4,165,331	$	4,383,105	76391
TOTAL ALL BUDGET FUND GROUPS			$	119,514,081	$	124,506,962	76392

LAW-RELATED EDUCATION

76393

The foregoing appropriation item 005-406, Law-Related	76394
Education, shall be distributed directly to the Ohio Center for	76395
Law-Related Education for the purposes of providing continuing	76396
citizenship education activities to primary and secondary	76397
students, expanding delinquency prevention programs, increasing	76398
activities for at-risk youth, and accessing additional public and	76399
private money for new programs.	76400

CONTINUING JUDICIAL EDUCATION

76401

The Continuing Judicial Education Fund (Fund 672) shall	76402
consist of fees paid by judges and court personnel for attending	76403
continuing education courses and other gifts and grants received	76404
for the purpose of continuing judicial education. The foregoing	76405
appropriation item 005-601, Continuing Judicial Education, shall	76406
be used to pay expenses for continuing education courses for	76407
judges and court personnel. If it is determined by the	76408
Administrative Director of the Supreme Court that additional	76409
appropriations are necessary, the amounts are hereby appropriated.	76410

No money in the Continuing Judicial Education Fund shall be	76411
transferred to any other fund by the Director of Budget and	76412
Management or the Controlling Board. Interest earned on moneys in	76413
the Continuing Judicial Education Fund shall be credited to the	76414
fund.	76415

FEDERAL GRANTS

76416

The Federal Grants Fund (Fund 3J0) shall consist of grants	76417
and other moneys awarded to the Supreme Court (The Judiciary) by	76418
the United States Government or other entities that receive the	76419
moneys directly from the United States Government and distribute	76420
those moneys to the Supreme Court (The Judiciary). The foregoing	76421
appropriation item 005-603, Federal Grants, shall be used in a	76422
manner consistent with the purpose of the grant or award. If it is	76423
determined by the Administrative Director of the Supreme Court	76424
that additional appropriations are necessary, the amounts are	76425
hereby appropriated.	76426

No money in the Federal Grants Fund shall be transferred to	76427
any other fund by the Director of Budget and Management or the	76428
Controlling Board. However, interest earned on moneys in the	76429
Federal Grants Fund shall be credited or transferred to the	76430
General Revenue Fund.	76431

ATTORNEY REGISTRATION

76432

In addition to funding other activities considered	76433
appropriate by the Supreme Court, the foregoing appropriation item	76434
005-605, Attorney Registration, may be used to compensate	76435
employees and fund the appropriate activities of the following	76436
offices established by the Supreme Court pursuant to the Rules for	76437
the Government of the Bar of Ohio: the Office of Disciplinary	76438
Counsel, the Board of Commissioners on Grievances and Discipline,	76439
the Clients' Security Fund, the Board of Commissioners on the	76440
Unauthorized Practice of Law, and the Office of Attorney	76441
Registration. If it is determined by the Administrative Director	76442
of the Supreme Court that additional appropriations are necessary,	76443
the amounts are hereby appropriated.	76444

No moneys in the Attorney Registration Fund shall be	76445
transferred to any other fund by the Director of Budget and	76446
Management or the Controlling Board. Interest earned on moneys in	76447
the Attorney Registration Fund shall be credited to the fund.	76448

GRANTS AND AWARDS

76449

The Grants and Awards Fund (Fund 5T8) shall consist of grants	76450
and other moneys awarded to the Supreme Court (The Judiciary) by	76451
the State Justice Institute, the Office of Criminal Justice	76452
Services, or other entities. The foregoing appropriation item	76453
005-609, Grants and Awards, shall be used in a manner consistent	76454
with the purpose of the grant or award. If it is determined by the	76455
Administrative Director of the Supreme Court that additional	76456
appropriations are necessary, the amounts are hereby appropriated.	76457

No moneys in the Grants and Awards Fund shall be transferred	76458
to any other fund by the Director of Budget and Management or the	76459
Controlling Board. However, interest earned on moneys in the	76460
Grants and Awards Fund shall be credited or transferred to the	76461
General Revenue Fund.	76462

SUPREME COURT ADMISSIONS

76463

The foregoing appropriation item 005-606, Supreme Court	76464
Admissions, shall be used to compensate Supreme Court employees	76465
who are primarily responsible for administering the attorney	76466
admissions program, pursuant to the Rules for the Government of	76467
the Bar of Ohio, and to fund any other activities considered	76468
appropriate by the court. Moneys shall be deposited into the	76469
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme	76470
Court Rules for the Government of the Bar of Ohio. If it is	76471
determined by the Administrative Director of the Supreme Court	76472
that additional appropriations are necessary, the amounts are	76473
hereby appropriated.	76474

No moneys in the Supreme Court Admissions Fund shall be	76475
transferred to any other fund by the Director of Budget and	76476
Management or the Controlling Board. Interest earned on moneys in	76477
the Supreme Court Admissions Fund shall be credited to the fund.	76478

CONTINUING LEGAL EDUCATION

76479

The foregoing appropriation item 005-607, Commission on	76480
Continuing Legal Education, shall be used to compensate employees	76481
of the Commission on Continuing Legal Education, established	76482
pursuant to the Supreme Court Rules for the Government of the Bar	76483
of Ohio, and to fund other activities of the commission considered	76484
appropriate by the court. If it is determined by the	76485
Administrative Director of the Supreme Court that additional	76486
appropriations are necessary, the amounts are hereby appropriated.	76487

No moneys in the Continuing Legal Education Fund shall be	76488
transferred to any other fund by the Director of Budget and	76489
Management or the Controlling Board. Interest earned on moneys in	76490
the Continuing Legal Education Fund shall be credited to the fund.	76491

Section 61. LEC LAKE ERIE COMMISSION

76492

State Special Revenue Fund Group

76493

4C0	780-601	Lake Erie Protection Fund	$	1,070,975	$	1,070,975	76494
5D8	780-602	Lake Erie Resources Fund	$	689,004	$	689,004	76495
TOTAL SSR State Special Revenue							76496
Fund Group			$	1,759,979	$	1,759,979	76497
TOTAL ALL BUDGET FUND GROUPS			$	1,759,979	$	1,759,979	76498

CASH TRANSFER

76499

Not later than the thirtieth day of November of each fiscal	76500
year, the Executive Director of the Ohio Lake Erie Office, with	76501
the approval of the Lake Erie Commission, shall certify to the	76502
Director of Budget and Management the cash balance in the Lake	76503
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	76504
operating expenses of the Lake Erie Office. The Ohio Lake Erie	76505
Office may request the Director of Budget and Management to	76506
transfer up to the certified amount from the Lake Erie Resources	76507
Fund (Fund 5D8) to the Lake Erie Protection Fund (Fund 4C0). The	76508
Director of Budget and Management may transfer the requested	76509
amount, or the Director may transfer a different amount up to the	76510
certified amount. Cash transferred shall be used for the purposes	76511
described in division (A) of section 1506.23 of the Revised Code.	76512
The amount transferred by the director is appropriated to the	76513
foregoing appropriation item 780-601, Lake Erie Protection Fund,	76514
which shall be increased by the amount transferred.	76515

Section 62. LRS LEGAL RIGHTS SERVICE

76516

General Revenue Fund

76517

GRF	054-100	Personal Services	$	193,514	$	193,514	76518
GRF	054-200	Maintenance	$	33,938	$	33,938	76519
GRF	054-300	Equipment	$	1,856	$	1,856	76520
GRF	054-401	Ombudsman	$	291,247	$	291,247	76521
TOTAL GRF General Revenue Fund			$	520,555	$	520,555	76522

General Services Fund Group

76523

416	054-601	Gifts and Donations	$	1,352	$	1,352	76524
5M0	054-610	Settlements	$	75,000	$	75,000	76525
TOTAL GSF General Services							76526
Fund Group			$	76,352	$	76,352	76527

Federal Special Revenue Fund Group

76528

3B8	054-603	Protection and Advocacy - Mentally Ill	$	1,018,279	$	1,018,279	76529
3N3	054-606	Protection and Advocacy - Individual Rights	$	507,648	$	507,648	76530
3N9	054-607	Assistive Technology	$	50,000	$	50,000	76531
3R9	054-604	Family Support Collaborative	$	242,500	$	242,500	76532
3T2	054-609	Client Assistance Program	$	404,807	$	404,807	76533
3X1	054-611	Protection and Advocacy for Beneficiaries of Social Security	$	187,784	$	187,784	76534
3Z6	054-612	Traumatic Brain Injury	$	50,000	$	50,000	76535
305	054-602	Protection and Advocacy - Developmentally Disabled	$	1,280,363	$	1,280,363	76536
TOTAL FED Federal Special Revenue							76537
Fund Group			$	3,741,381	$	3,741,381	76538
TOTAL ALL BUDGET FUND GROUPS			$	4,338,288	$	4,338,288	76539

Section 63. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

76541

General Revenue Fund

76542

GRF	028-321		Legislative Ethics Committee		$	550,000		$	550,000		76543
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		76544

TOTAL ALL BUDGET FUND GROUPS

550,000

76545

TRANSFER OF FUNDS TO GRF

76546

On July 1, 2003, or as soon thereafter as possible, the	76547
Director of Budget and Management shall transfer 50 per cent of	76548
the cash balance in the Joint Legislative Ethics Committee Fund	76549
(Fund 4G7) to the General Revenue Fund. On July 1, 2004, or as	76550
soon thereafter as possible, the Director of Budget and Management	76551
shall transfer all of the remaining cash balance in the Joint	76552
Legislative Ethics Committee Fund (Fund 4G7) to the General	76553
Revenue Fund.	76554

Section 64. LSC LEGISLATIVE SERVICE COMMISSION

76555

General Revenue Fund

76556

GRF	035-321	Operating Expenses	$	14,065,000	$	14,900,000	76557
GRF	035-402	Legislative Interns	$	975,000	$	990,000	76558
GRF	035-404	Legislative Office of Education Oversight	$	1,205,000	$	1,256,427	76559
GRF	035-406	ATMS Replacement Project	$	20,000	$	20,000	76560
GRF	035-407	Legislative Task Force on Redistricting	$	100,000	$	0	76561
GRF	035-409	National Associations	$	430,000	$	441,000	76562
GRF	035-410	Legislative Information Systems	$	3,624,200	$	3,624,200	76563
TOTAL GRF General Revenue Fund			$	20,419,200	$	21,231,627	76564

General Services Fund Group

76565

4F6	035-603	Legislative Budget Services	$	149,350	$	152,337	76566
410	035-601	Sale of Publications	$	25,000	$	25,000	76567
TOTAL GSF General Services							76568
Fund Group			$	174,350	$	177,337	76569
TOTAL ALL BUDGET FUND GROUPS			$	20,593,550	$	21,408,964	76570

ATMS REPLACEMENT PROJECT

76571

Of the foregoing appropriation item 035-406, ATMS Replacement	76572
Project, any amounts not used for the ATMS project may be used to	76573
pay the operating expenses of the Legislative Service Commission.	76574

Section 65. LIB STATE LIBRARY BOARD

76575

General Revenue Fund

76576

GRF	350-321	Operating Expenses	$	6,700,721	$	6,700,721	76577
GRF	350-400	Ohio Public Library Information Network	$	0	$	5,000,000	76578
GRF	350-401	Ohioana Rental Payments	$	124,816	$	124,816	76579
GRF	350-501	Cincinnati Public Library	$	584,414	$	569,803	76580
GRF	350-502	Regional Library Systems	$	1,194,374	$	1,194,374	76581
GRF	350-503	Cleveland Public Library	$	879,042	$	857,066	76582
TOTAL GRF General Revenue Fund			$	9,483,367	$	14,446,780	76583

General Services Fund Group

76584

139	350-602	Intra-Agency Service Charges	$	9,000	$	9,000	76585
4S4	350-604	OPLIN Technology	$	6,450,000	$	1,000,000	76586
459	350-602	Interlibrary Service Charges	$	2,759,661	$	2,809,661	76587
TOTAL GSF General Services							76588
Fund Group			$	9,218,661	$	3,818,661	76589

Federal Special Revenue Fund Group

76590

313	350-601	LSTA Federal	$	5,541,647	$	5,541,647	76591
TOTAL FED Federal Special Revenue							76592
Fund Group			$	5,541,647	$	5,541,647	76593
TOTAL ALL BUDGET FUND GROUPS			$	24,243,675	$	23,807,088	76594

OHIOANA RENTAL PAYMENTS

76595

The foregoing appropriation item 350-401, Ohioana Rental	76596
Payments, shall be used to pay the rental expenses of the Martha	76597
Kinney Cooper Ohioana Library Association pursuant to section	76598
3375.61 of the Revised Code.	76599

REGIONAL LIBRARY SYSTEMS

76600

The foregoing appropriation item 350-502, Regional Library	76601
Systems, shall be used to support regional library systems	76602
eligible for funding under section 3375.90 of the Revised Code.	76603

OHIO PUBLIC LIBRARY INFORMATION NETWORK

76604

The foregoing appropriation items 350-604, OPLIN Technology,	76605
and, in fiscal year 2005, 350-400, Ohio Public Library Information	76606
Network, shall be used for an information telecommunications	76607
network linking public libraries in the state and such others as	76608
may be certified as participants by the Ohio Public Library	76609
Information Network Board.	76610

The Ohio Public Library Information Network Board shall	76611
consist of eleven members appointed by the State Library Board	76612
from among the staff of public libraries and past and present	76613
members of boards of trustees of public libraries, based on the	76614
recommendations of the Ohio library community. The Ohio Public	76615
Library Information Network Board, in consultation with the State	76616
Library, shall develop a plan of operations for the network. The	76617
board may make decisions regarding use of the foregoing OPLIN	76618
appropriation items 350-604 and may receive and expend grants to	76619
carry out the operations of the network in accordance with state	76620
law and the authority to appoint and fix the compensation of a	76621
director and necessary staff. The State Library shall be the	76622
fiscal agent for the network and shall have fiscal accountability	76623
for the expenditure of funds. The Ohio Public Library Information	76624
Network Board members shall be reimbursed for actual travel and	76625
necessary expenses incurred in carrying out their	76626
responsibilities.	76627

In order to limit access to obscene and illegal materials	76628
through internet use at Ohio Public Library Information Network	76629
(OPLIN) terminals, local libraries with OPLIN computer terminals	76630
shall adopt policies that control access to obscene and illegal	76631
materials. These policies may include use of technological systems	76632
to select or block certain internet access. The OPLIN shall	76633
condition provision of its funds, goods, and services on	76634
compliance with these policies. The OPLIN Board shall also adopt	76635
and communicate specific recommendations to local libraries on	76636
methods to control such improper usage. These methods may include	76637
each library implementing a written policy controlling such	76638
improper use of library terminals and requirements for parental	76639
involvement or written authorization for juvenile internet usage.	76640

The OPLIN Board shall research and assist or advise local	76641
libraries with regard to emerging technologies and methods that	76642
may be effective means to control access to obscene and illegal	76643
materials. The OPLIN Executive Director shall biannually provide	76644
written reports to the Governor, the Speaker and Minority Leader	76645
of the House of Representatives, and the President and Minority	76646
Leader of the Senate on any steps being taken by OPLIN and public	76647
libraries in the state to limit and control such improper usage as	76648
well as information on technological, legal, and law enforcement	76649
trends nationally and internationally affecting this area of	76650
public access and service.	76651

The Ohio Public Library Information Network, InfOhio, and	76652
OhioLink shall, to the extent feasible, coordinate and cooperate	76653
in their purchase or other acquisition of the use of electronic	76654
databases for their respective users and shall contribute funds in	76655
an equitable manner to such effort.	76656

TRANSFER TO OPLIN TECHNOLOGY FUND

76657

Notwithstanding sections 5747.03 and 5747.47 of the Revised	76658
Code and any other provision of law to the contrary, in accordance	76659
with a schedule established by the Director of Budget and	76660
Management, the Director of Budget and Management shall transfer	76661
up to $5,000,000 in fiscal year 2004 from the Library and Local	76662
Government Support Fund (Fund 065) to the OPLIN Technology Fund	76663
(Fund 4S4).	76664

Section 66. LCO LIQUOR CONTROL COMMISSION

76665

Liquor Control Fund Group

76666

043	970-321	Operating Expenses	$	779,886	$	794,387	76667
TOTAL LCF Liquor Control Fund Group			$	779,886	$	794,387	76668
TOTAL ALL BUDGET FUND GROUPS			$	779,886	$	794,387	76669

COMPUTER EQUIPMENT

76670

Of the foregoing appropriation item 970-321, Operating	76671
Expenses, $27,700 in fiscal year 2004 and $4,500 in fiscal year	76672
2005 shall be used for computer equipment.	76673

Section 67. LOT STATE LOTTERY COMMISSION

76674

State Lottery Fund Group

76675

044	950-100	Personal Services	$	25,114,200	$	25,133,314	76676
044	950-200	Maintenance	$	20,100,168	$	20,120,268	76677
044	950-300	Equipment	$	3,067,250	$	3,113,259	76678
044	950-402	Game and Advertising Contracts	$	68,683,000	$	68,683,000	76679
044	950-500	Problem Gambling Subsidy	$	335,000	$	335,000	76680
044	950-601	Prizes, Bonuses, and Commissions	$	166,173,455	$	166,173,455	76681
871	950-602	Annuity Prizes	$	162,228,451	$	162,185,260	76682
TOTAL SLF State Lottery Fund							76683
Group			$	445,701,524	$	445,743,556	76684
TOTAL ALL BUDGET FUND GROUPS			$	445,701,524	$	445,743,556	76685

OPERATING EXPENSES

76686

The Controlling Board may, at the request of the State	76687
Lottery Commission, authorize additional appropriations for	76688
operating expenses of the State Lottery Commission from the State	76689
Lottery Fund up to a maximum of 15 per cent of anticipated total	76690
revenue accruing from the sale of lottery tickets.	76691

PRIZES, BONUSES, AND COMMISSIONS

76692

Any amounts, in addition to the amounts appropriated in	76693
appropriation item 950-601, Prizes, Bonuses, and Commissions, that	76694
are determined by the Director of the State Lottery Commission to	76695
be necessary to fund prizes, bonuses, and commissions are hereby	76696
appropriated.	76697

ANNUITY PRIZES

76698

With the approval of the Office of Budget and Management, the	76699
State Lottery Commission shall transfer cash from the State	76700
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	76701
(Fund 871) in an amount sufficient to fund deferred prizes. The	76702
Treasurer of State, from time to time, shall credit the Deferred	76703
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	76704
by the Treasurer of State on invested balances.	76705

Any amounts, in addition to the amounts appropriated in	76706
appropriation item 950-602, Annuity Prizes, that are determined by	76707
the Director of the State Lottery Commission to be necessary to	76708
fund deferred prizes and interest earnings are hereby	76709
appropriated.	76710

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

76711

The Ohio Lottery Commission shall transfer an amount greater	76712
than or equal to $637,900,000 in fiscal year 2004 and $637,900,000	76713
in fiscal year 2005 to the Lottery Profits Education Fund.	76714
Transfers from the Commission to the Lottery Profits Education	76715
Fund shall represent the estimated net income from operations for	76716
the Commission in fiscal year 2004 or fiscal year 2005. Transfers	76717
by the Commission to the Lottery Profits Education Fund shall be	76718
administered in accordance with and pursuant to the Revised Code.	76719
The unencumbered and unallotted balances as of June 30, 2003, in	76720
the Unclaimed Prize Fund (Fund 872), are hereby transferred to the	76721
State Lottery Fund Group (Fund 044).	76722

Section 68. MED STATE MEDICAL BOARD

76723

General Services Fund Group

76724

5C6	883-609	State Medical Board Operating	$	7,098,956	$	7,199,935	76725
TOTAL GSF General Services							76726
Fund Group			$	7,098,956	$	7,199,935	76727
TOTAL ALL BUDGET FUND GROUPS			$	7,098,956	$	7,199,935	76728

Section 69. DMH DEPARTMENT OF MENTAL HEALTH

76730

Division of General Administration Intragovernmental Service Fund	76731
Group	76732

151	235-601	General Administration	$	85,181,973	$	85,181,973	76733
TOTAL ISF Intragovernmental							76734
Service Fund Group			$	85,181,973	$	85,181,973	76735

Division of Mental Health--

76736

Psychiatric Services to Correctional Facilities

76737

General Revenue Fund

76738

GRF	332-401	Forensic Services	$	4,338,858	$	4,338,858	76739
TOTAL GRF General Revenue Fund			$	4,338,858	$	4,338,858	76740
TOTAL ALL BUDGET FUND GROUPS			$	89,520,831	$	89,520,831	76741

FORENSIC SERVICES

76742

The foregoing appropriation item 322-401, Forensic Services,	76743
shall be used to provide psychiatric services to courts of common	76744
pleas. The appropriation shall be allocated through community	76745
mental health boards to certified community agencies and shall be	76746
distributed according to the criteria delineated in rule	76747
5122:4-1-01 of the Administrative Code. These community forensic	76748
funds may also be used to provide forensic training to community	76749
mental health boards and to forensic psychiatry residency programs	76750
in hospitals operated by the Department of Mental Health and to	76751
provide evaluations of patients of forensic status in facilities	76752
operated by the Department of Mental Health prior to conditional	76753
release to the community.	76754

In addition, appropriation item 332-401, Forensic Services,	76755
may be used to support projects involving mental health, substance	76756
abuse, courts, and law enforcement to identify and develop	76757
appropriate alternative services to institutionalization for	76758
nonviolent mentally ill offenders, and to provide linkage to	76759
community services for severely mentally disabled offenders	76760
released from institutions operated by the Department of	76761
Rehabilitation and Correction. Funds may also be utilized to	76762
provide forensic monitoring and tracking in addition to community	76763
programs serving persons of forensic status on conditional release	76764
or probation.	76765

Division of Mental Health--

76766

Administration and Statewide Programs

76767

General Revenue Fund

76768

GRF	333-321	Central Administration	$	22,808,798	$	24,178,778	76769
GRF	333-402	Resident Trainees	$	1,364,919	$	1,364,919	76770
GRF	333-403	Pre-Admission Screening Expenses	$	650,135	$	650,135	76771
GRF	333-415	Lease-Rental Payments	$	25,935,650	$	23,206,750	76772
GRF	333-416	Research Program Evaluation	$	1,001,551	$	1,001,551	76773
TOTAL GRF General Revenue Fund			$	51,761,053	$	50,402,133	76774

General Services Fund Group

76775

149	333-609		Central Office Rotary - Operating		$	1,087,454		$	1,103,578		76776
TOTAL General Services Fund Group					$	1,087,454		$	1,103,578		76777

Federal Special Revenue Fund Group

76778

3A7	333-612	Social Services Block Grant	$	25,000	$	0	76779
3A8	333-613	Federal Grant - Administration	$	57,470	$	57,984	76780
3A9	333-614	Mental Health Block Grant	$	827,363	$	835,636	76781
3B1	333-635	Community Medicaid Expansion	$	4,126,430	$	4,145,222	76782
324	333-605	Medicaid/Medicare	$	523,761	$	514,923	76783
TOTAL Federal Special Revenue							76784
Fund Group			$	5,560,024	$	5,553,765	76785

State Special Revenue Fund Group

76786

4X5	333-607	Behavioral Health Medicaid Services	$	2,913,327	$	3,000,634	76787
485	333-632	Mental Health Operating	$	134,233	$	134,233	76788
5M2	333-602	PWLC Campus Improvement	$	200,000	$	200,000	76789
TOTAL State Special Revenue							76790
Fund Group			$	3,247,560	$	3,334,867	76791
TOTAL ALL BUDGET FUND GROUPS			$	61,656,091	$	60,394,343	76792

RESIDENCY TRAINEESHIP PROGRAMS

76793

The foregoing appropriation item 333-402, Resident Trainees,	76794
shall be used to fund training agreements entered into by the	76795
Department of Mental Health for the development of curricula and	76796
the provision of training programs to support public mental health	76797
services.	76798

PRE-ADMISSION SCREENING EXPENSES

76799

The foregoing appropriation item 333-403, Pre-Admission	76800
Screening Expenses, shall be used to pay for costs to ensure that	76801
uniform statewide methods for pre-admission screening are in place	76802
to perform assessments for persons in need of mental health	76803
services or for whom institutional placement in a hospital or in	76804
another inpatient facility is sought. Pre-admission screening	76805
includes the following activities: pre-admission assessment,	76806
consideration of continued stay requests, discharge planning and	76807
referral, and adjudication of appeals and grievance procedures.	76808

LEASE-RENTAL PAYMENTS

76809

The foregoing appropriation item 333-415, Lease-Rental	76810
Payments, shall be used to meet all payments at the times they are	76811
required to be made during the period from July 1, 2003, to June	76812
30, 2005, by the Department of Mental Health pursuant to leases	76813
and agreements made under section 154.20 of the Revised Code, but	76814
limited to the aggregate amount of $49,142,400. Nothing in this	76815
act shall be deemed to contravene the obligation of the state to	76816
pay, without necessity for further appropriation, from the sources	76817
pledged thereto, the bond service charges on obligations issued	76818
pursuant to section 154.20 of the Revised Code.	76819

Section 69.01. DIVISION OF MENTAL HEALTH - HOSPITALS

76820

General Revenue Fund

76821

GRF	334-408	Community and Hospital Mental Health Services	$	380,249,629	$	390,506,082	76822
GRF	334-506	Court Costs	$	976,652	$	976,652	76823
TOTAL GRF General Revenue Fund			$	381,226,281	$	391,482,734	76824

General Services Fund Group

76825

149	334-609	Hospital Rotary - Operating Expenses	$	22,908,053	$	24,408,053	76826
150	334-620	Special Education	$	120,930	$	120,930	76827
TOTAL GSF General Services							76828
Fund Group			$	23,028,983	$	24,528,983	76829

Federal Special Revenue Fund Group

76830

3B0	334-617	Elementary and Secondary Education Act	$	248,644	$	251,866	76831
3B1	334-635	Hospital Medicaid Expansion	$	2,000,000	$	2,000,000	76832
324	334-605	Medicaid/Medicare	$	10,484,944	$	10,916,925	76833
TOTAL FED Federal Special Revenue							76834
Fund Group			$	12,733,588	$	13,168,791	76835

State Special Revenue Fund Group

76836

485	334-632	Mental Health Operating	$	2,387,253	$	2,476,297	76837
5L2	334-619	Health Foundation/Greater Cincinnati	$	26,000	$	0	76838
692	334-636	Community Mental Health Board Risk Fund	$	100,000	$	100,000	76839
TOTAL SSR State Special Revenue							76840
Fund Group			$	2,513,253	$	2,576,297	76841
TOTAL ALL BUDGET FUND GROUPS			$	419,502,105	$	431,756,805	76842

COMMUNITY MENTAL HEALTH BOARD RISK FUND

76843

The foregoing appropriation item 334-636, Community Mental	76844
Health Board Risk Fund, shall be used to make payments pursuant to	76845
section 5119.62 of the Revised Code.	76846

Section 69.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT	76847
SERVICES	76848

General Revenue Fund

76849

GRF	335-419	Community Medication Subsidy	$	7,711,092	$	7,959,798	76850
GRF	335-505	Local MH Systems of Care	$	89,687,868	$	89,687,868	76851
TOTAL GRF General Revenue Fund			$	97,398,960	$	97,647,666	76852

General Services Fund Group

76853

4P9	335-604	Community Mental Health Projects	$	200,000	$	200,000	76854
TOTAL GSF General Services							76855
Fund Group			$	200,000	$	200,000	76856

Federal Special Revenue Fund Group

76857

3A7	335-612	Social Services Block Grant	$	9,314,108	$	9,314,108	76858
3A8	335-613	Federal Grant - Community Mental Health Board Subsidy	$	1,717,040	$	1,717,040	76859
3A9	335-614	Mental Health Block Grant	$	16,887,218	$	17,056,090	76860
3B1	335-635	Community Medicaid Expansion	$	220,472,136	$	237,766,721	76861
TOTAL FED Federal Special Revenue Fund Group			$	248,390,502	$	265,853,959	76862

State Special Revenue Fund Group

76863

632	335-616		Community Capital Replacement		$	250,000		$	250,000		76864
TOTAL SSR State Special Revenue Fund Group					$	250,000		$	250,000		76865

TOTAL ALL BUDGET FUND GROUPS	$	346,239,462	$	363,951,625	76866
DEPARTMENT TOTAL					76867
GENERAL REVENUE FUND	$	534,725,152	$	543,871,391	76868
DEPARTMENT TOTAL					76869
GENERAL SERVICES FUND GROUP	$	24,316,437	$	25,832,561	76870
DEPARTMENT TOTAL					76871
FEDERAL SPECIAL REVENUE					76872
FUND GROUP	$	266,684,114	$	284,576,515	76873
DEPARTMENT TOTAL					76874
STATE SPECIAL REVENUE FUND GROUP	$	6,010,813	$	6,161,164	76875
DEPARTMENT TOTAL					76876
INTRAGOVERNMENTAL FUND GROUP	$	85,181,973	$	85,181,973	76877
TOTAL DEPARTMENT OF MENTAL HEALTH	$	916,918,489	$	945,623,604	76878

Section 69.03. COMMUNITY MEDICATION SUBSIDY

76880

The foregoing appropriation item 335-419, Community	76881
Medication Subsidy, shall be used to provide subsidized support	76882
for psychotropic medication needs of indigent citizens in the	76883
community to reduce unnecessary hospitalization because of lack of	76884
medication and to provide subsidized support for methadone costs.	76885

LOCAL MENTAL HEALTH SYSTEMS OF CARE

76886

The foregoing appropriation item 335-505, Local Mental Health	76887
Systems of Care, shall be used for mental health services provided	76888
by community mental health boards in accordance with a community	76889
mental health plan submitted pursuant to section 340.03 of the	76890
Revised Code and as approved by the Department of Mental Health.	76891

Of the foregoing appropriation, not less than $34,818,917 in	76892
fiscal year 2004 and not less than $34,818,917 in fiscal year 2005	76893
shall be distributed by the Department of Mental Health on a per	76894
capita basis to community mental health boards.	76895

Of the foregoing appropriation, $100,000 in each fiscal year	76896
shall be used to fund family and consumer education and support.	76897

BEHAVIORAL HEALTH MEDICAID SERVICES

76898

The Department of Mental Health shall administer specified	76899
Medicaid Services as delegated by the Department of Job and Family	76900
Services in an interagency agreement. The foregoing appropriation	76901
item 333-607, Behavioral Health Medicaid Services, may be used to	76902
make payments for free-standing psychiatric hospital inpatient	76903
services as defined in an interagency agreement with the	76904
Department of Job and Family Services.	76905

Section 70. DMR DEPARTMENT OF MENTAL RETARDATION AND	76906
DEVELOPMENTAL DISABILITIES	76907

Section 70.01. GENERAL ADMINISTRATION AND STATEWIDE SERVICES

76908

General Revenue Fund

76909

GRF	320-321	Central Administration	$	9,174,390	$	9,357,878	76910
GRF	320-412	Protective Services	$	1,911,471	$	2,008,330	76911
GRF	320-415	Lease-Rental Payments	$	25,935,650	$	23,206,750	76912
TOTAL GRF General Revenue Fund			$	37,021,511	$	34,572,958	76913

General Services Fund Group

76914

4B5	320-640	Conference/Training	$	400,000	$	400,000	76915
TOTAL GSF General Services							76916
Fund Group			$	400,000	$	400,000	76917

Federal Special Revenue Fund Group

76918

3A4	320-605	Administrative Support	$	12,492,892	$	12,492,892	76919
3A5	320-613	DD Council Operating	$	861,000	$	861,000	76920
		Expenses					76921
325	320-634	Protective Services	$	100,000	$	100,000	76922
TOTAL FED Federal Special Revenue							76923
Fund Group			$	13,453,892	$	13,453,892	76924

State Special Revenue Fund Group							76925
5S2	590-622	Medicaid Administration & Oversight	$	2,969,552	$	2,969,552	76926
TOTAL SSR State Special Revenue							76927
Fund Group			$	2,969,552	$	2,969,552	76928
TOTAL ALL GENERAL ADMINISTRATION							76929
AND STATEWIDE SERVICES							76930
BUDGET FUND GROUPS			$	53,844,955	$	51,396,402	76931

LEASE-RENTAL PAYMENTS

76932

The foregoing appropriation item 320-415, Lease-Rental	76933
Payments, shall be used to meet all payments at the times they are	76934
required to be made during the period from July 1, 2003, to June	76935
30, 2005, by the Department of Mental Retardation and	76936
Developmental Disabilities pursuant to leases and agreements made	76937
under section 154.20 of the Revised Code, but limited to the	76938
aggregate amount of $49,142,400. Nothing in this act shall be	76939
deemed to contravene the obligation of the state to pay, without	76940
necessity for further appropriation, from the sources pledged	76941
thereto, the bond service charges on obligations issued pursuant	76942
to section 154.20 of the Revised Code.	76943

Section 70.02. COMMUNITY SERVICES

76944

General Revenue Fund

76945

GRF	322-405	State Use Program	$	268,792	$	273,510	76946
GRF	322-413	Residential and Support Services	$	8,439,337	$	8,450,787	76947
GRF	322-416	Waiver State Match	$	95,695,198	$	100,019,747	76948
GRF	322-417	Supported Living	$	43,179,715	$	43,179,715	76949
GRF	322-451	Family Support Services	$	6,975,870	$	6,975,870	76950
GRF	322-452	Service and Support Administration	$	8,849,724	$	8,849,724	76951
GRF	322-501	County Boards Subsidies	$	31,795,691	$	31,795,691	76952
GRF	322-503	Tax Equity	$	14,000,000	$	15,000,000	76953
TOTAL GRF General Revenue Fund			$	209,204,327	$	214,545,044	76954

General Services Fund Group

76955

4J6	322-645	Intersystem Services for Children	$	3,300,000	$	3,300,000	76956
4U4	322-606	Community MR and DD Trust	$	300,000	$	300,000	76957
4V1	322-611	Program Support	$	610,000	$	625,000	76958
488	322-603	Residential Services Refund	$	1,000,000	$	1,000,000	76959
TOTAL GSF General Services							76960
Fund Group			$	5,210,000	$	5,225,000	76961

Federal Special Revenue Fund Group

76962

3A4	322-605	Community Program Support	$	1,000,000	$	1,000,000	76963
3A4	322-610	Community Residential Support	$	500,000	$	500,000	76964
3A5	322-613	DD Council Grants	$	3,130,000	$	3,130,000	76965
3G6	322-639	Medicaid Waiver	$	344,068,714	$	373,772,814	76966
3M7	322-650	CAFS Medicaid	$	254,739,737	$	267,668,087	76967
325	322-608	Federal Grants -	$	2,023,587	$	1,833,815	76968
		Operating Expenses					76969
325	322-612	Social Service Block	$	10,319,346	$	10,330,830	76970
		Grant					76971
325	322-617	Education Grants -	$	75,500	$	75,500	76972
		Operating					76973
TOTAL FED Federal Special Revenue							76974
Fund Group			$	615,856,884	$	658,311,046	76975

State Special Revenue Fund Group

76976

4K8	322-604	Waiver - Match	$	12,000,000	$	12,000,000	76977
5H0	322-619	Medicaid Repayment	$	25,000	$	25,000	76978
TOTAL SSR State Special Revenue							76979
Fund Group			$	12,025,000	$	12,025,000	76980
TOTAL ALL COMMUNITY SERVICES							76981
BUDGET FUND GROUPS			$	842,296,211	$	890,106,090	76982

RESIDENTIAL AND SUPPORT SERVICES

76983

The Department of Mental Retardation and Developmental	76984
Disabilities may designate a portion of appropriation item	76985
322-413, Residential and Support Services, for the following:	76986

(A) Sermak Class Services used to implement the requirements	76987
of the agreement settling the consent decree in Sermak v. Manuel,	76988
Case No. c-2-80-220, United States District Court for the Southern	76989
District of Ohio, Eastern Division;	76990

(B) Medicaid-reimbursed programs other than home and	76991
community-based waiver services, in an amount not to exceed	76992
$1,000,000 in each fiscal year, that enable persons with mental	76993
retardation and developmental disabilities to live in the	76994
community.	76995

WAIVER STATE MATCH

76996

The purposes for which the foregoing appropriation item	76997
322-416, Waiver State Match, shall be used include the following:	76998

(A) Home and community-based waiver services pursuant to	76999
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	77000
U.S.C. 301, as amended.	77001

(B) Services contracted by county boards of mental	77002
retardation and developmental disabilities.	77003

(C) To pay the nonfederal share of the cost of one or more	77004
new intermediate care facility for the mentally retarded certified	77005
beds in a county where the county board of mental retardation and	77006
developmental disabilities does not initiate or support the	77007
development or certification of such beds, if the director of	77008
mental retardation and developmental disabilities is required by	77009
this act to transfer to the director of job and family services	77010
funds to pay such nonfederal share.	77011

The Department of Mental Retardation and Developmental	77012
Disabilities may designate a portion of appropriation item	77013
322-416, Waiver State Match, to county boards of mental	77014
retardation and developmental disabilities that have greater need	77015
for various residential and support services due to a low	77016
percentage of residential and support services development in	77017
comparison to the number of individuals with mental retardation or	77018
developmental disabilities in the county.	77019

Of the foregoing appropriation item 322-416, Waiver State	77020
Match, $9,850,000 in each year of the biennium shall be	77021
distributed by the Department to county boards of mental	77022
retardation and developmental disabilities to support existing	77023
residential facilities waiver and individual options waiver	77024
related to Medicaid activities provided for in the component of a	77025
county board's plan developed under division (A)(2) of section	77026
5126.054 of the Revised Code and approved under section 5123.046	77027
of the Revised Code. Up to $3,000,000 of these funds in each	77028
fiscal year may be used to implement day-to-day program management	77029
services under division (A)(2) of section 5126.054 of the Revised	77030
Code. Up to $4,200,000 in each fiscal year may be used to	77031
implement the program and health and welfare requirements of	77032
division (A)(2) of section 5126.054 of the Revised Code.	77033

In fiscal years 2004 and 2005 not less than $2,650,000 of	77034
these funds shall be used to recruit and retain, under division	77035
(A)(2) of section 5126.054 of the Revised Code, the direct care	77036
staff necessary to implement the services included in an	77037
individualized service plan in a manner that ensures the health	77038
and welfare of the individuals being served.	77039

The methodology utilized by the department to determine each	77040
residential facilities wavier and individual options provider's	77041
allocation of such funds in fiscal year 2003 shall be used for	77042
allocation purposes to such providers in fiscal years 2004 and	77043
2005, respectively.	77044

SUPPORTED LIVING

77045

The purposes for which the foregoing appropriation item	77046
322-417, Supported Living, shall be used include supported living	77047
services contracted by county boards of mental retardation and	77048
developmental disabilities in accordance with sections 5126.40 to	77049
5126.47 of the Revised Code and to pay the nonfederal share of the	77050
cost of one or more new intermediate care facility for the	77051
mentally retarded certified beds in a county where the county	77052
board of mental retardation and developmental disabilities does	77053
not initiate or support the development or certification of such	77054
beds, if the director of mental retardation and developmental	77055
disabilities is required by this act to transfer to the director	77056
of job and family services funds to pay such nonfederal share.	77057

OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS

77058

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	77059
the Department of Mental Retardation and Developmental	77060
Disabilities may develop residential and support service programs	77061
funded by appropriation item 322-413, Residential and Support	77062
Services, appropriation item 322-416, Waiver State Match, or	77063
appropriation item 322-417, Supported Living, that enable persons	77064
with mental retardation and developmental disabilities to live in	77065
the community. Notwithstanding Chapter 5121. and section 5123.122	77066
of the Revised Code, the department may waive the support	77067
collection requirements of those statutes for persons in community	77068
programs developed by the department under this section. The	77069
department shall adopt rules under Chapter 119. of the Revised	77070
Code or may use existing rules for the implementation of these	77071
programs.	77072

FAMILY SUPPORT SERVICES

77073

Notwithstanding sections 5123.171, 5123.19, 5123.20, and	77074
5126.11 of the Revised Code, the Department of Mental Retardation	77075
and Developmental Disabilities may implement programs funded by	77076
appropriation item 322-451, Family Support Services, to provide	77077
assistance to persons with mental retardation or developmental	77078
disabilities and their families who are living in the community.	77079
The department shall adopt rules to implement these programs. The	77080
department may also use the foregoing appropriation item 322-451,	77081
Family Support Services, to pay the nonfederal share of the cost	77082
of one or more new intermediate care facility for the mentally	77083
retarded certified beds in a county where the county board of	77084
mental retardation and developmental disabilities initiates or	77085
supports the development or certification of such beds, if the	77086
director of mental retardation and developmental disabilities is	77087
required by this act to transfer to the director of job and family	77088
services funds to pay such nonfederal share.	77089

SERVICE AND SUPPORT ADMINISTRATION

77090

The foregoing appropriation item 322-452, Service and Support	77091
Administration, shall be allocated to county boards of mental	77092
retardation and developmental disabilities for the purpose of	77093
providing service and support administration services and to	77094
assist in bringing state funding for all department-approved	77095
service and support administrators within county boards of mental	77096
retardation and developmental disabilities to the level authorized	77097
in division (C) of section 5126.15 of the Revised Code. The	77098
department may request approval from the Controlling Board to	77099
transfer any unobligated appropriation authority from other state	77100
General Revenue Fund appropriation items within the department's	77101
budget to appropriation item 322-452, Service and Support	77102
Administration, to be used to meet the statutory funding level in	77103
division (C) of section 5126.15 of the Revised Code.	77104

Notwithstanding division (C) of section 5126.15 of the	77105
Revised Code and subject to funding in appropriation item 322-452,	77106
Service and Support Administration, no county may receive less	77107
than its allocation in fiscal year 1995. Wherever case management	77108
services are referred to in any law, contract, or other document,	77109
the reference shall be deemed to refer to service and support	77110
administration. No action or proceeding pending on the effective	77111
date of this section is affected by the renaming of case	77112
management services as service and support administration.	77113

The Department of Mental Retardation and Developmental	77114
Disabilities shall adopt, amend, and rescind rules as necessary to	77115
reflect the renaming of case management services as service and	77116
support administration. All boards of mental retardation and	77117
developmental disabilities and the entities with which they	77118
contract for services shall rename the titles of their employees	77119
who provide service and support administration. All boards and	77120
contracting entities shall make corresponding changes to all	77121
employment contracts.	77122

The department may also use the foregoing appropriation item	77123
322-452, Service and Support Administration, to pay the nonfederal	77124
share of the cost of one or more new intermediate care facility	77125
for the mentally retarded certified beds in a county where the	77126
county board of mental retardation and developmental disabilities	77127
initiates or supports the development or certification of such	77128
beds, if the director of mental retardation and developmental	77129
disabilities is required by this act to transfer to the director	77130
of job and family services funds to pay such nonfederal share.	77131

STATE SUBSIDIES TO MR/DD BOARDS

77132

The foregoing appropriation item 322-501, County Boards	77133
Subsidies, shall be distributed to county boards of mental	77134
retardation and developmental disabilities pursuant to section	77135
5126.12 of the Revised Code to the limit of the lesser of the	77136
amount required by that section or the appropriation in	77137
appropriation item 322-501 prorated to all county boards of mental	77138
retardation and developmental disabilities.	77139

The department may also use the foregoing appropriation item	77140
322-501, County Board Subsidies, to pay the nonfederal share of	77141
the cost of one or more new intermediate care facility for the	77142
mentally retarded certified beds in a county where the county	77143
board of mental retardation and developmental disabilities	77144
initiates or supports the development or certification of such	77145
beds, if the director of mental retardation and developmental	77146
disabilities is required by this act to transfer to the director	77147
of job and family services funds to pay such nonfederal share.	77148

TAX EQUITY

77149

The foregoing appropriation item 322-503, Tax Equity, shall	77150
be used to fund the tax equalization program created under section	77151
5126.18 of the Revised Code for county boards of mental	77152
retardation and developmental disabilities.	77153

INTERSYSTEM SERVICES FOR CHILDREN

77154

The foregoing appropriation item 322-645, Intersystem	77155
Services for Children, shall be used to support direct grants to	77156
county family and children first councils created under section	77157
121.37 of the Revised Code. The funds shall be used as partial	77158
support payment and reimbursement for locally coordinated	77159
treatment plans for multi-needs children that come to the	77160
attention of the Family and Children First Cabinet Council	77161
pursuant to section 121.37 of the Revised Code. The Department of	77162
Mental Retardation and Developmental Disabilities may use up to	77163
five per cent of this amount for administrative expenses	77164
associated with the distribution of funds to the county councils.	77165

WAIVER - MATCH

77166

The foregoing appropriation item 322-604, Waiver-Match (Fund	77167
4K8), shall be used as state matching funds for the home and	77168
community-based waivers.	77169

Section 70.03. DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A	77170
MODEL BILLING FOR SERVICES RENDERED	77171

Developmental centers of the Department of Mental Retardation	77172
and Developmental Disabilities may provide services to persons	77173
with mental retardation or developmental disabilities living in	77174
the community or to providers of services to these persons. The	77175
department may develop a methodology for recovery of all costs	77176
associated with the provisions of these services.	77177

Section 70.04. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	77178
PHARMACY PROGRAMS	77179

Beginning July 1, 2003, the Department of Mental Retardation	77180
and Developmental Disabilities shall pay the Department of Job and	77181
Family Services quarterly, through intrastate transfer voucher,	77182
the nonfederal share of Medicaid prescription drug claim costs for	77183
all developmental centers paid by the Department of Job and Family	77184
Services.	77185

Section 70.05. RESIDENTIAL FACILITIES

77186

General Revenue Fund

77187

GRF	323-321	Residential Facilities	$	103,402,750	$	104,634,635	77188
		Operations					77189
TOTAL GRF General Revenue Fund			$	103,402,750	$	104,634,635	77190

General Services Fund Group

77191

152	323-609	Residential Facilities	$	912,177	$	912,177	77192
		Support					77193
TOTAL GSF General Services							77194
Fund Group			$	912,177	$	912,177	77195

Federal Special Revenue Fund Group

77196

3A4	323-605	Residential Facilities	$	128,736,729	$	128,831,708	77197
		Reimbursement					77198
325	323-608	Federal Grants -	$	571,381	$	582,809	77199
		Subsidies					77200
325	323-617	Education Grants -	$	425,000	$	425,000	77201
		Residential Facilities					77202
TOTAL FED Federal Special Revenue							77203
Fund Group			$	129,733,110	$	129,839,517	77204

State Special Revenue Fund Group

77205

489	323-632	Operating Expense	$	12,125,628	$	12,125,628	77206
TOTAL SSR State Special Revenue							77207
Fund Group			$	12,125,628	$	12,125,628	77208
TOTAL ALL RESIDENTIAL FACILITIES							77209
BUDGET FUND GROUPS			$	246,173,665	$	247,511,957	77210

DEPARTMENT TOTAL					77211
GENERAL REVENUE FUND	$	349,628,588	$	353,752,637	77212
DEPARTMENT TOTAL					77213
GENERAL SERVICES FUND GROUP	$	6,522,177	$	6,537,177	77214
DEPARTMENT TOTAL					77215
FEDERAL SPECIAL REVENUE FUND GROUP	$	759,043,886	$	801,604,455	77216
DEPARTMENT TOTAL					77217
STATE SPECIAL REVENUE FUND GROUP	$	27,120,180	$	27,120,180	77218
TOTAL DEPARTMENT OF MENTAL					77219
RETARDATION AND DEVELOPMENTAL					77220
DISABILITIES	$	1,142,314,831	$	1,189,014,449	77221

(A) The Executive Branch Committee on Medicaid Redesign and	77222
Expansion of MRDD Services, as established by Am. Sub. H.B. 94 of	77223
the 124th General Assembly, shall continue and consist of all of	77224
the following individuals:	77225

(1) One representative of the Governor appointed by the	77226
Governor;	77227

(2) Two representatives of the Department of Mental	77228
Retardation and Developmental Disabilities appointed by the	77229
Director of Mental Retardation and Developmental Disabilities;	77230

(3) Two representatives of the Department of Job and Family	77231
Services appointed by the Director of Job and Family Services;	77232

(4) One representative of the Office of Budget and Management	77233
appointed by the Director of Budget and Management;	77234

(5) One representative of The Arc of Ohio appointed by the	77235
organization's board of trustees;	77236

(6) One representative of the Ohio Association of County	77237
Boards of Mental Retardation and Developmental Disabilities	77238
appointed by the association's board of trustees;	77239

(7) One representative of the Ohio Superintendents of County	77240
Boards of Mental Retardation and Developmental Disabilities	77241
appointed by the organization's board of trustees;	77242

(8) One representative of the Ohio Provider Resource	77243
Association appointed by the association's board of trustees;	77244

(9) One representative of the Ohio Health Care Association	77245
appointed by the association's board of trustees;	77246

(10) One representative of individuals with mental	77247
retardation or other developmental disability appointed by the	77248
Director of Mental Retardation and Developmental Disabilities.	77249

(B) The Governor shall appoint the chairperson of the	77250
committee. Members of the committee shall serve without	77251
compensation or reimbursement, except to the extent that serving	77252
on the committee is considered a part of their regular employment	77253
duties.	77254

(C) The committee shall meet at times determined by the	77255
chairperson to do all of the following:	77256

(1) Review the effect that the provisions of this act	77257
regarding Medicaid funding for services to individuals with mental	77258
retardation or other developmental disability have on the funding	77259
and provision of services to such individuals;	77260

(2) Identify issues related to, and barriers to, the	77261
effective implementation of those provisions of this act with the	77262
goal of meeting the needs of individuals with mental retardation	77263
or other developmental disability;	77264

(3) Establish effective means for resolving the issues and	77265
barriers, including advocating changes to state law, rules, or	77266
both.	77267

(D) The committee shall submit a final report to the Governor	77268
and Directors of Mental Retardation and Developmental Disabilities	77269
and Job and Family Services and shall cease to exist on submission	77270
of the final report unless the Governor issues an executive order	77271
providing for the committee to continue.	77272

Section 71. MIH COMMISSION ON MINORITY HEALTH

77273

General Revenue Fund

77274

GRF	149-321	Operating Expenses	$	539,318	$	539,318	77275
GRF	149-501	Minority Health Grants	$	751,478	$	751,478	77276
GRF	149-502	Lupus Program	$	141,556	$	141,556	77277
TOTAL GRF General Revenue Fund			$	1,432,352	$	1,432,352	77278

Federal Special Revenue Fund Group

77279

3J9	149-602	Federal Grants	$	150,000	$	150,000	77280
TOTAL FED Federal Special Revenue							77281
Fund Group			$	150,000	$	150,000	77282

State Special Revenue Fund Group

77283

4C2	149-601	Minority Health Conference	$	150,000	$	150,000	77284
TOTAL SSR State Special Revenue							77285
Fund Group			$	150,000	$	150,000	77286
TOTAL ALL BUDGET FUND GROUPS			$	1,732,352	$	1,732,352	77287

LUPUS PROGRAM

77288

The foregoing appropriation item 149-502, Lupus Program,	77289
shall be used to provide grants for programs in patient, public,	77290
and professional education on the subject of systemic lupus	77291
erythemtosus; to encourage and develop local centers on lupus	77292
information gathering and screening; and to provide outreach to	77293
minority women.	77294

Section 72. CRB MOTOR VEHICLE COLLISION REPAIR REGISTRATION	77295
BOARD	77296

General Service Fund Group

77297

5H9	865-609	Operating Expenses	$	285,497	$	314,422	77298
TOTAL GSF General Services							77299
Fund Group			$	285,497	$	314,422	77300
TOTAL ALL BUDGET FUND GROUPS			$	285,497	$	314,422	77301

Section 73. DNR DEPARTMENT OF NATURAL RESOURCES

77303

General Revenue Fund

77304

GRF	725-404	Fountain Square Rental Payments - OBA	$	1,093,300	$	1,094,800	77305
GRF	725-407	Conservation Reserve Enhancement Program	$	1,218,750	$	1,218,750	77306
GRF	725-412	Reclamation Commission	$	57,934	$	57,934	77307
GRF	725-413	OPFC Lease Rental Payments	$	15,066,500	$	17,709,500	77308
GRF	725-423	Stream and Ground Water Gauging	$	331,819	$	331,819	77309
GRF	725-425	Wildlife License Reimbursement	$	816,319	$	976,319	77310
GRF	725-456	Canal Lands	$	332,859	$	332,859	77311
GRF	725-502	Soil and Water Districts	$	11,182,024	$	11,475,507	77312
GRF	725-903	Natural Resources General Obligation Debt Service	$	23,808,300	$	26,914,300	77313
GRF	727-321	Division of Forestry	$	9,068,735	$	9,068,735	77314
GRF	728-321	Division of Geological Survey	$	1,731,456	$	1,731,456	77315
GRF	729-321	Office of Information Technology	$	440,895	$	440,895	77316
GRF	730-321	Division of Parks and Recreation	$	34,232,205	$	37,061,493	77317
GRF	731-321	Office of Coastal Management	$	248,679	$	259,707	77318
GRF	733-321	Division of Water	$	3,355,830	$	3,237,619	77319
GRF	736-321	Division of Engineering	$	3,410,852	$	3,436,918	77320
GRF	737-321	Division of Soil and Water	$	4,215,288	$	4,234,788	77321
GRF	738-321	Division of Real Estate and Land Management	$	2,322,031	$	2,331,781	77322
GRF	741-321	Division of Natural Areas and Preserves	$	3,104,405	$	3,104,405	77323
GRF	744-321	Division of Mineral Resources Management	$	3,439,744	$	3,495,967	77324
TOTAL GRF General Revenue Fund			$	119,477,925	$	128,515,552	77325

General Services Fund Group

77326

155	725-601	Departmental Projects	$	2,645,479	$	2,831,337	77327
157	725-651	Central Support Indirect	$	8,272,102	$	8,423,094	77328
161	725-635	Parks Facilities Maintenance	$	2,063,124	$	2,576,240	77329
204	725-687	Information Services	$	3,384,275	$	3,476,627	77330
206	725-689	REALM Support Services	$	475,000	$	475,000	77331
207	725-690	Real Estate Services	$	54,000	$	54,000	77332
223	725-665	Law Enforcement Administration	$	969,825	$	976,225	77333
4D5	725-618	Recycled Materials	$	50,000	$	50,000	77334
4S9	725-622	NatureWorks Personnel	$	908,516	$	983,103	77335
4X8	725-662	Water Resources Council	$	282,524	$	282,524	77336
430	725-671	Canal Lands	$	1,119,834	$	1,059,056	77337
508	725-684	Natural Resources Publications	$	209,364	$	215,626	77338
510	725-631	Maintenance - state-owned residences	$	255,905	$	260,849	77339
516	725-620	Water Management	$	3,663,849	$	2,342,814	77340
635	725-664	Fountain Square Facilities Management	$	3,104,199	$	3,104,199	77341
697	725-670	Submerged Lands	$	507,099	$	542,011	77342
TOTAL GSF General Services							77343
Fund Group			$	27,965,095	$	27,652,705	77344

Federal Special Revenue Fund Group

77345

3B3	725-640	Federal Forest Pass-Thru	$	140,000	$	150,000	77346
3B4	725-641	Federal Flood Pass-Thru	$	280,000	$	285,000	77347
3B5	725-645	Federal Abandoned Mine Lands	$	11,922,845	$	11,843,866	77348
3B6	725-653	Federal Land and Water Conservation Grants	$	4,900,000	$	5,000,000	77349
3B7	725-654	Reclamation - Regulatory	$	2,179,870	$	2,168,413	77350
3P0	725-630	Natural Areas and Preserves - Federal	$	718,876	$	552,480	77351
3P1	725-632	Geological Survey - Federal	$	470,780	$	479,653	77352
3P2	725-642	Oil and Gas-Federal	$	224,537	$	232,964	77353
3P3	725-650	Coastal Management - Federal	$	2,357,000	$	2,357,000	77354
3P4	725-660	Water - Federal	$	300,000	$	242,000	77355
3R5	725-673	Acid Mine Drainage Abatement/Treatment	$	792,028	$	837,223	77356
3Z5	725-657	REALM-Federal	$	1,578,871	$	1,578,871	77357
328	725-603	Forestry Federal	$	1,530,561	$	1,484,531	77358
332	725-669	Federal Mine Safety Grant	$	247,364	$	258,103	77359
TOTAL FED Federal Special Revenue							77360
Fund Group			$	27,642,732	$	27,470,104	77361

State Special Revenue Fund Group

77362

4J2	725-628	Injection Well Review	$	98,468	$	81,188	77363
4M7	725-631	Wildfire Suppression	$	100,000	$	100,000	77364
4U6	725-668	Scenic Rivers Protection	$	561,000	$	617,100	77365
5B3	725-674	Mining Regulation	$	35,000	$	35,000	77366
5K1	725-626	Urban Forestry Grant	$	400,000	$	400,000	77367
5P2	725-634	Wildlife Boater Angler Administration	$	1,500,000	$	1,500,000	77368
509	725-602	State Forest	$	982,970	$	1,127,117	77369
511	725-646	Ohio Geologic Mapping	$	983,274	$	985,940	77370
512	725-605	State Parks Operations	$	29,915,146	$	29,915,146	77371
514	725-606	Lake Erie Shoreline	$	1,027,093	$	936,254	77372
518	725-643	Oil and Gas Permit Fees	$	2,205,651	$	2,399,580	77373
518	725-677	Oil and Gas Well Plugging	$	1,000,000	$	1,000,000	77374
521	725-627	Off-Road Vehicle Trails	$	118,490	$	123,490	77375
522	725-656	Natural Areas Checkoff Funds	$	2,046,737	$	1,550,670	77376
526	725-610	Strip Mining Administration Fees	$	1,449,459	$	1,449,459	77377
527	725-637	Surface Mining Administration	$	2,793,938	$	2,693,938	77378
529	725-639	Unreclaimed Land Fund	$	1,841,589	$	1,971,037	77379
531	725-648	Reclamation Forfeiture	$	2,393,762	$	2,374,087	77380
532	725-644	Litter Control and Recycling	$	12,544,686	$	12,544,686	77381
586	725-633	Scrap Tire Program	$	1,000,000	$	1,000,000	77382
615	725-661	Dam Safety	$	286,045	$	408,223	77383
TOTAL SSR State Special Revenue							77384
Fund Group			$	63,283,308	$	63,212,915	77385

Clean Ohio Fund Group

77386

061	725-405		Clean Ohio Operating		$	155,000		$	155,000		77387
TOTAL CLR Clean Ohio Fund Group					$	155,000		$	155,000		77388

Wildlife Fund Group

77389

015	740-401	Division of Wildlife Conservation	$	46,427,945	$	46,814,691	77390
815	725-636	Cooperative Management Projects	$	120,449	$	120,449	77391
816	725-649	Wetlands Habitat	$	966,885	$	966,885	77392
817	725-655	Wildlife Conservation Checkoff Fund	$	5,000,000	$	5,000,000	77393
818	725-629	Cooperative Fisheries Research	$	988,582	$	988,582	77394
819	725-685	Ohio River Management	$	128,584	$	128,584	77395
TOTAL WLF Wildlife Fund Group			$	53,632,445	$	54,019,191	77396

Waterways Safety Fund Group

77397

086	725-414	Waterways Improvement	$	3,813,051	$	4,140,186	77398
086	725-418	Buoy Placement	$	42,182	$	42,182	77399
086	725-501	Waterway Safety Grants	$	137,867	$	137,867	77400
086	725-506	Watercraft Marine Patrol	$	576,153	$	576,153	77401
086	725-513	Watercraft Educational Grants	$	366,643	$	366,643	77402
086	739-401	Division of Watercraft	$	19,420,712	$	18,718,847	77403
TOTAL WSF Waterways Safety Fund							77404
Group			$	24,356,608	$	23,981,878	77405

Holding Account Redistribution Fund Group

77406

R17	725-659	Performance Cash Bond Refunds	$	226,500	$	226,500	77407
R43	725-624	Forestry	$	800,000	$	800,000	77408
TOTAL 090 Holding Account							77409
Redistribution Fund Group			$	1,026,500	$	1,026,500	77410

Accrued Leave Liability Fund Group

77411

4M8	725-675	FOP Contract	$	20,844	$	20,844	77412
TOTAL ALF Accrued Leave							77413
Liability Fund Group			$	20,844	$	20,844	77414
TOTAL ALL BUDGET FUND GROUPS			$	317,560,457	$	326,054,689	77415

Section 73.01. FOUNTAIN SQUARE

77417

The foregoing appropriation item 725-404, Fountain Square	77418
Rental Payments - OBA, shall be used by the Department of Natural	77419
Resources to meet all payments required to be made to the Ohio	77420
Building Authority during the period from July 1, 2003, to June	77421
30, 2005, pursuant to leases and agreements with the Ohio Building	77422
Authority under section 152.241 of the Revised Code, but limited	77423
to the aggregate amount of $2,188,100.	77424

The Director of Natural Resources, using intrastate transfer	77425
vouchers, shall make payments to the General Revenue Fund from	77426
funds other than the General Revenue Fund to reimburse the General	77427
Revenue Fund for the other funds' shares of the lease rental	77428
payments to the Ohio Building Authority. The transfers from the	77429
non-General Revenue funds shall be made within 10 days of the	77430
payment to the Ohio Building Authority for the actual amounts	77431
necessary to fulfill the leases and agreements pursuant to section	77432
152.241 of the Revised Code.	77433

The foregoing appropriation item 725-664, Fountain Square	77434
Facilities Management (Fund 635), shall be used for payment of	77435
repairs, renovation, utilities, property management, and building	77436
maintenance expenses for the Fountain Square Complex. Cash	77437
transferred by intrastate transfer vouchers from various	77438
department funds and rental income received by the Department of	77439
Natural Resources shall be deposited into the Fountain Square	77440
Facilities Management Fund (Fund 635).	77441

LEASE RENTAL PAYMENTS

77442

The foregoing appropriation item 725-413, OPFC Lease Rental	77443
Payments, shall be used to meet all payments at the times they are	77444
required to be made during the period from July 1, 2003, to June	77445
30, 2005, by the Department of Natural Resources pursuant to	77446
leases and agreements made under section 154.22 of the Revised	77447
Code, but limited to the aggregate amount of $32,776,000. Nothing	77448
in this act shall be deemed to contravene the obligation of the	77449
state to pay, without necessity for further appropriation, from	77450
the sources pledged thereto, the bond service charges on	77451
obligations issued pursuant to section 154.22 of the Revised Code.	77452

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

77453

The foregoing appropriation item 725-903, Natural Resources	77454
General Obligation Debt Service, shall be used to pay all debt	77455
service and related financing costs at the times they are required	77456
to be made pursuant to sections 151.01 and 151.05 of the Revised	77457
Code during the period from July 1, 2003, to June 30, 2005. The	77458
Office of the Sinking Fund or the Director of Budget and	77459
Management shall effectuate the required payments by an intrastate	77460
transfer voucher.	77461

Section 73.02. WILDLIFE LICENSE REIMBURSEMENT

77462

Notwithstanding the limits of the transfer from the General	77463
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	77464
of the Revised Code, up to the amount available in appropriation	77465
item 725-425, Wildlife License Reimbursement, may be transferred	77466
from the General Revenue Fund to the Wildlife Fund (Fund 015).	77467
Pursuant to the certification of the Director of Budget and	77468
Management of the amount of foregone revenue in accordance with	77469
section 1533.15 of the Revised Code, the foregoing appropriation	77470
item in the General Revenue Fund, appropriation item 725-425,	77471
Wildlife License Reimbursement, shall be used to reimburse the	77472
Wildlife Fund (Fund 015) for the cost of hunting and fishing	77473
licenses and permits issued after June 30, 1990, to individuals	77474
who are exempted under the Revised Code from license, permit, and	77475
stamp fees.	77476

CANAL LANDS

77477

The foregoing appropriation item 725-456, Canal Lands, shall	77478
be used to transfer funds to the Canal Lands Fund (Fund 430) to	77479
provide operating expenses for the State Canal Lands Program. The	77480
transfer shall be made using an intrastate transfer voucher and	77481
shall be subject to the approval of the Director of Budget and	77482
Management.	77483

SOIL AND WATER DISTRICTS

77484

In addition to state payments to soil and water conservation	77485
districts authorized by section 1515.10 of the Revised Code, the	77486
Department of Natural Resources may pay to any soil and water	77487
conservation district, from authority in appropriation item	77488
725-502, Soil and Water Districts, an annual amount not to exceed	77489
$30,000, upon receipt of a request and justification from the	77490
district and approval by the Ohio Soil and Water Conservation	77491
Commission. The county auditor shall credit the payments to the	77492
special fund established under section 1515.10 of the Revised Code	77493
for the local soil and water conservation district. Moneys	77494
received by each district shall be expended for the purposes of	77495
the district.	77496

Of the foregoing appropriation item 725-502, Soil and Water	77497
Districts, $120,000 shall be earmarked in fiscal year 2004 for the	77498
Franklin County Soil and Water District.	77499

Of the foregoing appropriation item 725-502, Soil and Water	77500
Districts, $175,000 shall be earmarked in fiscal year 2004 for the	77501
Indian Lake Watershed.	77502

Of the foregoing appropriation item 725-502, Soil and Water	77503
Districts, $50,000 shall be earmarked for the Rush Creek Watershed	77504
in each fiscal year.	77505

Of the foregoing appropriation item 725-502, Soil and Water	77506
Districts, $28,000 shall be earmarked for the Conservation Action	77507
Program in each fiscal year.	77508

Of the foregoing appropriation item 725-502, Soil and Water	77509
Districts, $150,000 each fiscal year shall be earmarked for the	77510
Muskingum Conservancy District.	77511

Of the foregoing appropriation item 725-502, Soil and Water	77512
Districts, $120,000 each fiscal year shall be earmarked for the	77513
relocation of Route 30.	77514

FUND CONSOLIDATION

77515

On July 15, 2003, or as soon thereafter as possible, the	77516
Director of Budget and Management shall transfer the cash balance	77517
as certified by the Director of Natural Resources from the Coastal	77518
Management-Federal Fund (Fund 3P3) to the REALM-Federal Fund (Fund	77519
3Z5). The Director shall cancel any remaining outstanding	77520
encumbrances against appropriation item 725-650, Coastal	77521
Management-Federal, that are associated with the REALM federal	77522
programs and reestablish them against appropriation item 725-657,	77523
REALM-Federal. The amounts of any encumbrances canceled and	77524
reestablished are hereby appropriated.	77525

LAW ENFORCEMENT ADMINISTRATION

77526

On or after July 1, 2003, but not later than July 15, 2003,	77527
the Director of Budget and Management shall transfer $969,825 from	77528
the Central Support Indirect Fund (Fund 157) to the Law	77529
Enforcement Administration Fund (Fund 223). On or after July 1,	77530
2004, but not later than July 15, 2004, the Director of Budget and	77531
Management shall transfer $976,225 from the Central Support	77532
Indirect Fund (Fund 157) to the Law Enforcement Administration	77533
Fund (Fund 223).	77534

OIL AND GAS WELL PLUGGING

77535

The foregoing appropriation item 725-677, Oil and Gas Well	77536
Plugging, shall be used exclusively for the purposes of plugging	77537
wells and to properly restore the land surface of idle and orphan	77538
oil and gas wells pursuant to section 1509.071 of the Revised	77539
Code. No funds from the appropriation item shall be used for	77540
salaries, maintenance, equipment, or other administrative	77541
purposes, except for those costs directly attributed to the	77542
plugging of an idle or orphan well. Appropriation authority from	77543
this appropriation item shall not be transferred to any other fund	77544
or line item.	77545

CLEAN OHIO OPERATING EXPENSES

77546

The foregoing appropriation item 725-405, Clean Ohio	77547
Operating, shall be used by the Department of Natural Resources in	77548
administering section 1519.05 of the Revised Code.	77549

DIVISION OF SOIL AND WATER

77550

Of the foregoing appropriation item 737-321, Division of Soil	77551
and Water, $220,000 in each fiscal year shall be earmarked for the	77552
Water Quality Laboratory located at Heidelberg College.	77553

WATERCRAFT MARINE PATROL

77554

Of the foregoing appropriation item 739-401, Division of	77555
Watercraft, not more than $200,000 in each fiscal year shall be	77556
expended for the purchase of equipment for marine patrols	77557
qualifying for funding from the Department of Natural Resources	77558
pursuant to section 1547.67 of the Revised Code. Proposals for	77559
equipment shall accompany the submission of documentation for	77560
receipt of a marine patrol subsidy pursuant to section 1547.67 of	77561
the Revised Code and shall be loaned to eligible marine patrols	77562
pursuant to a cooperative agreement between the Department of	77563
Natural Resources and the eligible marine patrol.	77564

ELIMINATION OF CIVILIAN CONSERVATION CORPS

77565

Upon the closure of the Division of Civilian Conservation,	77566
the Director of Natural Resources, not later than June 30, 2004,	77567
shall distribute, allocate, salvage, or transfer all assets,	77568
equipment, supplies, and cash balances of the Division of Civilian	77569
Conservation to other operating divisions of the Department of	77570
Natural Resources as determined by the director. The director	77571
shall maintain a record of such disposition of all assets.	77572

The director shall maintain balances within the Civilian	77573
Conservation Corps Fund to pay all outstanding obligations,	77574
including unemployment and other costs associated with the orderly	77575
closure of the Division of Civilian Conservation. All amounts	77576
necessary for the orderly closure are hereby appropriated.	77577

Section 74. NUR STATE BOARD OF NURSING

77578

General Services Fund Group

77579

4K9	884-609	Operating Expenses	$	5,232,776	$	5,257,576	77580
5P8	884-601	Nursing Special Issues	$	5,000	$	5,000	77581
TOTAL GSF General Services							77582
Fund Group			$	5,237,776	$	5,262,576	77583
TOTAL ALL BUDGET FUND GROUPS			$	5,237,776	$	5,262,576	77584

NURSING SPECIAL ISSUES

77585

The foregoing appropriation item 884-601, Nursing Special	77586
Issues (Fund 5P8), shall be used to pay the costs the Board of	77587
Nursing incurs in implementing section 4723.062 of the Revised	77588
Code.	77589

Section 75. OLA OHIOANA LIBRARY ASSOCIATION

77590

General Revenue Fund

77591

GRF	355-501	Library Subsidy	$	215,036	$	215,036	77592
TOTAL GRF General Revenue Fund			$	215,036	$	215,036	77593
TOTAL ALL BUDGET FUND GROUPS			$	215,036	$	215,036	77594

Section 76. ODB OHIO OPTICAL DISPENSERS BOARD

77596

General Services Fund Group

77597

4K9	894-609	Operating Expenses	$	307,096	$	312,656	77598
TOTAL GSF General Services							77599
Fund Group			$	307,096	$	312,656	77600
TOTAL ALL BUDGET FUND GROUPS			$	307,096	$	312,656	77601

Section 77. OPT STATE BOARD OF OPTOMETRY

77603

General Services Fund Group

77604

4K9	885-609	Operating Expenses	$	306,140	$	324,391	77605
TOTAL GSF General Services							77606
Fund Group			$	306,140	$	324,391	77607
TOTAL ALL BUDGET FUND GROUPS			$	306,140	$	324,391	77608

Section 78. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND	77610
PEDORTHICS	77611

General Services Fund Group

77612

4K9	973-609	Operating Expenses	$	100,206	$	102,395	77613
TOTAL GSF General Services							77614
Fund Group			$	100,206	$	102,395	77615
TOTAL ALL BUDGET FUND GROUPS			$	100,206	$	102,395	77616

Section 80. PBR STATE PERSONNEL BOARD OF REVIEW

77617

General Revenue Fund

77618

GRF	124-321		Operating		$	1,029,430		$	1,077,170		77619
TOTAL GRF General Revenue Fund					$	1,029,430		$	1,077,170		77620

General Services Fund Group

77621

636	124-601	Transcript and Other	$	25,000	$	25,000	77622
TOTAL GSF General Services							77623
Fund Group			$	25,000	$	25,000	77624
TOTAL ALL BUDGET FUND GROUPS			$	1,054,430	$	1,102,170	77625

TRANSCRIPT AND OTHER

77626

The foregoing appropriation item 124-601, Transcript and	77627
Other, may be used to defray the costs of producing an	77628
administrative record.	77629

Section 81. PRX STATE BOARD OF PHARMACY

77630

General Services Fund Group

77631

4A5	887-605	Drug Law Enforcement	$	72,900	$	75,550	77632
4K9	887-609	Operating Expenses	$	4,733,987	$	4,914,594	77633
TOTAL GSF General Services							77634
Fund Group			$	4,806,887	$	4,990,144	77635
TOTAL ALL BUDGET FUND GROUPS			$	4,806,887	$	4,990,144	77636

Section 82. PSY STATE BOARD OF PSYCHOLOGY

77638

General Services Fund Group

77639

4K9	882-609	Operating Expenses	$	564,544	$	561,525	77640
TOTAL GSF General Services							77641
Fund Group			$	564,544	$	561,525	77642
TOTAL ALL BUDGET FUND GROUPS			$	564,544	$	561,525	77643

Section 83. PUB OHIO PUBLIC DEFENDER COMMISSION

77645

General Revenue Fund

77646

GRF	019-321	Public Defender Administration	$	1,430,057	$	1,351,494	77647
GRF	019-401	State Legal Defense Services	$	5,724,780	$	5,693,572	77648
GRF	019-403	Multi-County: State Share	$	917,668	$	930,894	77649
GRF	019-404	Trumbull County - State Share	$	299,546	$	308,450	77650
GRF	019-405	Training Account	$	33,323	$	33,323	77651
GRF	019-501	County Reimbursement - Non-Capital Cases	$	30,567,240	$	32,630,070	77652
GRF	019-503	County Reimbursement - Capital Cases	$	693,000	$	726,000	77653
TOTAL GRF General Revenue Fund			$	39,665,614	$	41,673,803	77654

General Services Fund Group

77655

101	019-602	Inmate Legal Assistance	$	52,698	$	53,086	77656
406	019-603	Training and Publications	$	16,000	$	16,000	77657
407	019-604	County Representation	$	255,789	$	259,139	77658
408	019-605	Client Payments	$	285,533	$	285,533	77659
TOTAL GSF General Services							77660
Fund Group			$	610,020	$	613,758	77661

Federal Special Revenue Fund Group

77662

3S8	019-608	Federal Representation	$	351,428	$	355,950	77663
TOTAL FED Federal Special Revenue							77664
Fund Group			$	351,428	$	355,950	77665

State Special Revenue Fund Group

77666

4C7	019-601	Multi-County: County Share	$	1,923,780	$	1,991,506	77667
4X7	019-610	Trumbull County - County Share	$	624,841	$	658,764	77668
574	019-606	Legal Services Corporation	$	14,305,700	$	14,305,800	77669
TOTAL SSR State Special Revenue							77670
Fund Group			$	16,854,321	$	16,956,070	77671
TOTAL ALL BUDGET FUND GROUPS			$	57,481,383	$	59,599,581	77672

INDIGENT DEFENSE OFFICE

77673

The foregoing appropriation items 019-404, Trumbull County -	77674
State Share, and 019-610, Trumbull County - County Share, shall be	77675
used to support an indigent defense office for Trumbull County.	77676

MULTI-COUNTY OFFICE

77677

The foregoing appropriation items 019-403, Multi-County:	77678
State Share, and 019-601, Multi-County: County Share, shall be	77679
used to support the Office of the Ohio Public Defender's	77680
Multi-County Branch Office Program.	77681

TRAINING ACCOUNT

77682

The foregoing appropriation item 019-405, Training Account,	77683
shall be used by the Ohio Public Defender to provide legal	77684
training programs at no cost for private appointed counsel who	77685
represent at least one indigent defendant at no cost and for state	77686
and county public defenders and attorneys who contract with the	77687
Ohio Public Defender to provide indigent defense services.	77688

FEDERAL REPRESENTATION

77689

The foregoing appropriation item 019-608, Federal	77690
Representation, shall be used to receive reimbursements from the	77691
federal courts when the Ohio Public Defender provides	77692
representation in federal court cases and to support	77693
representation in such cases.	77694

Section 84. DHS DEPARTMENT OF PUBLIC SAFETY

77695

General Revenue Fund

77696

GRF	763-403	Operating Expenses - EMA	$	4,058,188	$	4,058,188	77697
GRF	763-507	Individual and Households Grants	$	48,750	$	48,750	77698
GRF	769-321	Food Stamp Trafficking Enforcement Operations	$	800,000	$	800,000	77699
TOTAL GRF General Revenue Fund			$	4,906,938	$	4,906,938	77700

TOTAL ALL BUDGET FUND GROUPS

4,906,938

77701

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

77702

Of the foregoing appropriation item 763-403, Operating	77703
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	77704
the Ohio Task Force One - Urban Search and Rescue Unit and other	77705
urban search and rescue programs around the state to create a	77706
stronger search and rescue capability statewide.	77707

COUNTY EMERGENCY PREPAREDNESS GRANTS

77708

The foregoing appropriation item 763-501, County Emergency	77709
Preparedness Grants, shall be used to improve preparedness of	77710
local emergency management agencies and authorities in accordance	77711
with Chapter 5502. of the Revised Code. The grants shall be	77712
distributed to agencies based on the distribution formula	77713
established for the Federal Emergency Management Agency (FEMA)	77714
"Emergency Management Performance Grant" (EMPG). Grants made under	77715
this section are not intended to supplant any federal, state, or	77716
local funding to an agency or authority. Therefore, neither a	77717
state agency nor any political subdivision shall take into account	77718
the receipt of a grant under this section in determining the	77719
amount of support that a state agency or political subdivision	77720
provides to an emergency management agency or authority.	77721

INDIVIDUAL AND HOUSEHOLDS GRANTS STATE MATCH

77722

The foregoing appropriation item 763-507, Individual and	77723
Households Grants, shall be used to fund the state share of costs	77724
to provide grants to individuals and households in cases of	77725
disaster.	77726

Section 85. PUC PUBLIC UTILITIES COMMISSION OF OHIO

77727

General Services Fund Group

77728

5F6	870-622	Utility and Railroad Regulation	$	30,622,222	$	30,622,222	77729
5F6	870-624	NARUC/NRRI Subsidy	$	167,233	$	167,233	77730
5F6	870-625	Motor Transportation Regulation	$	5,361,239	$	5,361,239	77731
558	870-602	Salvage and Exchange	$	16,477	$	4,000	77732
TOTAL GSF General Services							77733
Fund Group			$	36,167,171	$	36,154,694	77734

Federal Special Revenue Fund Group

77735

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	870,000	$	300,000	77736
333	870-601	Gas Pipeline Safety	$	597,957	$	597,957	77737
350	870-608	Motor Carrier Safety	$	7,027,712	$	7,027,712	77738
TOTAL FED Federal Special Revenue							77739
Fund Group			$	8,495,669	$	7,925,669	77740

State Special Revenue Fund Group

77741

4A3	870-614	Grade Crossing Protection Devices-State	$	1,349,757	$	1,349,757	77742
4L8	870-617	Pipeline Safety-State	$	187,621	$	187,621	77743
4S6	870-618	Hazardous Material Registration	$	899,325	$	614,325	77744
4S6	870-621	Hazardous Materials Base State Registration	$	373,346	$	373,346	77745
4U8	870-620	Civil Forfeitures	$	719,986	$	434,986	77746
559	870-605	Public Utilities Territorial Administration	$	4,000	$	4,000	77747
560	870-607	Special Assessment	$	100,000	$	100,000	77748
561	870-606	Power Siting Board	$	337,210	$	337,210	77749
638	870-611	Biomass Energy Program	$	40,000	$	40,000	77750
661	870-612	Hazardous Materials Transportation	$	900,000	$	900,000	77751
TOTAL SSR State Special Revenue							77752
Fund Group			$	4,911,245	$	4,341,245	77753

Agency Fund Group

77754

4G4	870-616	Base State Registration Program	$	6,500,000	$	6,500,000	77755
TOTAL AGY Agency Fund Group			$	6,500,000	$	6,500,000	77756
TOTAL ALL BUDGET FUND GROUPS			$	56,074,085	$	54,921,608	77757

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

77758

The Commercial Vehicle Information Systems and Networks Fund	77759
is hereby created in the state treasury. The Commercial Vehicle	77760
Information Systems and Networks Fund shall receive funding from	77761
the United States Department of Transportation's Commercial	77762
Vehicle Intelligent Transportation System Infrastructure	77763
Deployment Program and shall be used to deploy the Ohio Commercial	77764
Vehicle Information Systems and Networks Project and to expedite	77765
and improve the safety of motor carrier operations through	77766
electronic exchange of data by means of on-highway electronic	77767
systems.	77768

Notwithstanding section 4905.80 of the Revised Code, up to	77769
$435,000 in fiscal year 2004 and $150,000 in fiscal year 2005 of	77770
the foregoing appropriation item 870-618, Hazardous Material	77771
Registration, may be used to pay the state share of the	77772
implementation of the Ohio Commercial Vehicle Information Systems	77773
and Networks Project.	77774

Notwithstanding section 4923.12 of the Revised Code, up to	77775
$435,000 in fiscal year 2004 and $150,000 in fiscal year 2005 of	77776
the foregoing appropriation item 870-620, Civil Forfeitures, may	77777
be used to pay the state share of the implementation of the Ohio	77778
Commercial Vehicle Information Systems and Networks Project.	77779

Section 86. PWC PUBLIC WORKS COMMISSION

77780

General Revenue Fund

77781

GRF	150-904	Conservation General Obligation Debt Service	$	9,743,500	$	11,235,700	77782
GRF	150-907	State Capital Improvements	$	156,974,400	$	152,069,700	77783
		General Obligation Debt Service					77784
TOTAL GRF General Revenue Fund			$	166,717,900	$	163,305,400	77785

Clean Ohio Fund Group

77786

056	150-403	Clean Ohio Operating Expenses	$	298,200	$	304,400	77787
TOTAL 056 Clean Ohio Fund Group			$	298,200	$	304,400	77788
TOTAL ALL BUDGET FUND GROUPS			$	167,016,100	$	163,609,800	77789

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

77790

The foregoing appropriation item 150-904, Conservation	77791
General Obligation Debt Service, shall be used to pay all debt	77792
service and related financing costs at the times they are required	77793
to be made pursuant to sections 151.01 and 151.09 of the Revised	77794
Code during the period from July 1, 2003, to June 30, 2005. The	77795
Office of the Sinking Fund or the Director of Budget and	77796
Management shall effectuate the required payments by an intrastate	77797
transfer voucher.	77798

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

77799

The foregoing appropriation item 150-907, State Capital	77800
Improvements General Obligation Debt Service, shall be used to pay	77801
all debt service and related financing costs at the times they are	77802
required to be made pursuant to sections 151.01 and 151.08 of the	77803
Revised Code during the period from July 1, 2003, to June 30,	77804
2005. The Office of the Sinking Fund or the Director of Budget and	77805
Management shall effectuate the required payments by an intrastate	77806
transfer voucher.	77807

CLEAN OHIO OPERATING EXPENSES

77808

The foregoing appropriation item 150-403, Clean Ohio	77809
Operating Expenses, shall be used by the Ohio Public Works	77810
Commission in administering sections 164.20 to 164.27 of the	77811
Revised Code.	77812

Section 87. RAC STATE RACING COMMISSION

77813

State Special Revenue Fund Group

77814

5C4	875-607	Simulcast Horse Racing Purse	$	19,730,799	$	19,476,952	77815
562	875-601	Thoroughbred Race Fund	$	4,642,378	$	4,642,378	77816
563	875-602	Standardbred Development Fund	$	2,908,841	$	3,161,675	77817
564	875-603	Quarterhorse Development Fund	$	1,000	$	2,000	77818
565	875-604	Racing Commission Operating	$	4,485,777	$	4,759,834	77819
TOTAL SSR State Special Revenue							77820
Fund Group			$	31,768,795	$	32,042,839	77821

Holding Account Redistribution Fund Group

77822

R21	875-605	Bond Reimbursements	$	212,900	$	212,900	77823
TOTAL 090 Holding Account Redistribution							77824
Fund Group			$	212,900	$	212,900	77825
TOTAL ALL BUDGET FUND GROUPS			$	31,981,695	$	32,255,739	77826

Section 88. BOR BOARD OF REGENTS

77828

General Revenue Fund

77829

GRF	235-321	Operating Expenses	$	3,286,284	$	2,767,219	77830
GRF	235-401	Lease Rental Payments	$	246,500,700	$	216,836,400	77831
GRF	235-402	Sea Grants	$	274,895	$	274,895	77832
GRF	235-403	Math/Science Teaching Improvement	$	1,757,614	$	1,757,614	77833
GRF	235-404	College Readiness Initiatives	$	4,152,603	$	4,401,759	77834
GRF	235-406	Articulation and Transfer	$	900,000	$	900,000	77835
GRF	235-408	Midwest Higher Education Compact	$	82,500	$	82,500	77836
GRF	235-409	Information System	$	1,185,879	$	1,154,671	77837
GRF	235-414	State Grants and Scholarship Administration	$	1,219,719	$	1,211,373	77838
GRF	235-415	Jobs Challenge	$	9,348,300	$	9,348,300	77839
GRF	235-417	Ohio Learning Network	$	3,413,046	$	3,327,720	77840
GRF	235-418	Access Challenge	$	62,068,622	$	62,068,622	77841
GRF	235-420	Success Challenge	$	48,113,077	$	48,113,077	77842
GRF	235-428	Appalachian New Economy Partnership	$	1,279,893	$	1,247,895	77843
GRF	235-451	Eminent Scholars	$	0	$	1,462,500	77844
GRF	235-454	Research Challenge	$	18,330,000	$	18,330,000	77845
GRF	235-455	EnterpriseOhio Network	$	1,505,262	$	1,465,650	77846
GRF	235-474	Area Health Education Centers Program Support	$	1,822,226	$	1,776,670	77847
GRF	235-477	Access Improvement Projects	$	1,048,664	$	1,080,124	77848
GRF	235-501	State Share of Instruction	$	1,572,522,610	$	1,615,762,698	77849
GRF	235-502	Student Support Services	$	870,675	$	848,908	77850
GRF	235-503	Ohio Instructional Grants	$	111,966,343	$	115,325,333	77851
GRF	235-504	War Orphans Scholarships	$	4,672,321	$	4,672,321	77852
GRF	235-507	OhioLINK	$	7,028,392	$	7,028,392	77853
GRF	235-508	Air Force Institute of Technology	$	2,196,523	$	2,153,860	77854
GRF	235-509	Displaced Homemakers	$	204,865	$	199,743	77855
GRF	235-510	Ohio Supercomputer Center	$	4,208,472	$	4,103,260	77856
GRF	235-511	Cooperative Extension Service	$	25,644,863	$	25,644,863	77857
GRF	235-513	Ohio University Voinovich Center	$	311,977	$	305,178	77858
GRF	235-514	Central State Supplement	$	11,039,203	$	11,039,203	77859
GRF	235-515	Case Western Reserve University School of Medicine	$	3,403,612	$	3,312,271	77860
GRF	235-518	Capital Scholarship Programs	$	245,000	$	245,000	77861
GRF	235-519	Family Practice	$	5,581,258	$	5,441,726	77862
GRF	235-520	Shawnee State Supplement	$	2,082,289	$	2,082,289	77863
GRF	235-521	The Ohio State University Glenn Institute	$	311,977	$	305,178	77864
GRF	235-524	Police and Fire Protection	$	209,046	$	203,819	77865
GRF	235-525	Geriatric Medicine	$	820,696	$	800,179	77866
GRF	235-526	Primary Care Residencies	$	2,755,601	$	2,686,710	77867
GRF	235-527	Ohio Aerospace Institute	$	2,033,607	$	1,982,767	77868
GRF	235-530	Academic Scholarships	$	7,800,000	$	7,800,000	77869
GRF	235-531	Student Choice Grants	$	52,139,646	$	52,139,646	77870
GRF	235-534	Student Workforce Development Grants	$	2,437,500	$	2,437,500	77871
GRF	235-535	Ohio Agricultural Research and Development Center	$	35,830,188	$	35,830,188	77872
GRF	235-536	The Ohio State University Clinical Teaching	$	13,649,011	$	13,649,011	77873
GRF	235-537	University of Cincinnati Clinical Teaching	$	11,226,126	$	11,226,126	77874
GRF	235-538	Medical College of Ohio at Toledo Clinical Teaching	$	8,750,156	$	8,750,156	77875
GRF	235-539	Wright State University Clinical Teaching	$	4,250,997	$	4,250,997	77876
GRF	235-540	Ohio University Clinical Teaching	$	4,109,568	$	4,109,568	77877
GRF	235-541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	4,226,686	$	4,226,686	77878
GRF	235-543	Ohio College of Podiatric Medicine Clinical Subsidy	$	426,631	$	426,631	77879
GRF	235-547	School of International Business	$	1,458,022	$	1,421,572	77880
GRF	235-549	Part-time Student Instructional Grants	$	14,036,622	$	14,457,721	77881
GRF	235-552	Capital Component	$	18,711,936	$	18,711,936	77882
GRF	235-553	Dayton Area Graduate Studies Institute	$	3,224,550	$	3,143,937	77883
GRF	235-554	Computer Science Graduate Education	$	2,971,371	$	2,897,086	77884
GRF	235-555	Library Depositories	$	1,775,467	$	1,731,080	77885
GRF	235-556	Ohio Academic Resources Network	$	3,657,009	$	3,803,289	77886
GRF	235-558	Long-term Care Research	$	230,906	$	225,134	77887
GRF	235-561	Bowling Green State University Canadian Studies Center	$	121,586	$	118,546	77888
GRF	235-572	The Ohio State University Clinic Support	$	1,758,689	$	1,714,723	77889
GRF	235-583	Urban University Programs	$	5,899,236	$	5,760,506	77890
GRF	235-585	Ohio University Innovation Center	$	41,596	$	40,556	77891
GRF	235-587	Rural University Projects	$	1,305,510	$	1,305,510	77892
GRF	235-588	Ohio Resource Center for Mathematics, Science, and Reading	$	853,262	$	853,262	77893
GRF	235-595	International Center for Water Resources Development	$	137,352	$	133,918	77894
GRF	235-596	Hazardous Materials Program	$	339,647	$	331,156	77895
GRF	235-599	National Guard Scholarship Program	$	13,252,916	$	14,578,208	77896
GRF	235-909	Higher Education General Obligation Debt Service	$	97,668,000	$	130,967,600	77897
TOTAL GRF General Revenue Fund			$	2,476,688,800	$	2,528,792,936	77898

General Services Fund Group

77899

220	235-614	Program Approval and Reauthorization	$	400,000	$	400,000	77900
456	235-603	Sales and Services	$	300,002	$	300,003	77901
TOTAL GSF General Services							77902
Fund Group			$	700,002	$	700,003	77903

Federal Special Revenue Fund Group

77904

3H2	235-608	Human Services Project	$	1,500,000	$	1,500,000	77905
3N6	235-605	State Student Incentive Grants	$	2,196,680	$	2,196,680	77906
3T0	235-610	National Health Service Corps - Ohio Loan Repayment	$	150,001	$	150,001	77907
312	235-609	Tech Prep	$	183,850	$	183,850	77908
312	235-611	Gear-up Grant	$	1,478,245	$	1,370,691	77909
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	77910
312	235-615	Professional Development	$	523,129	$	523,129	77911
312	235-616	Workforce Investment Act Administration	$	850,000	$	850,000	77912
312	235-631	Federal Grants	$	3,444,949	$	3,150,590	77913
TOTAL FED Federal Special Revenue							77914
Fund Group			$	10,439,814	$	10,037,901	77915

State Special Revenue Fund Group

77916

4E8	235-602	Higher Educational Facility Commission Administration	$	20,000	$	20,000	77917
4P4	235-604	Physician Loan Repayment	$	476,870	$	476,870	77918
649	235-607	The Ohio State University Highway/Transportation Research	$	760,000	$	760,000	77919
682	235-606	Nursing Loan Program	$	893,000	$	893,000	77920
TOTAL SSR State Special Revenue							77921
Fund Group			$	2,149,870	$	2,149,870	77922
TOTAL ALL BUDGET FUND GROUPS			$	2,489,978,486	$	2,541,680,710	77923

Section 88.01. OPERATING EXPENSES

77925

Of the foregoing appropriation item 235-321, Operating	77926
Expenses, up to $500,000 shall be used in fiscal year 2004 to	77927
support the activities of the Commission on Higher Education and	77928
the Economy. The Commission shall recommend a strategy to improve	77929
the quality and efficiency of Ohio's higher education system to	77930
increase effectiveness, eliminate unnecessary duplication, broaden	77931
the use of technology, and determine how higher education can most	77932
effectively support the state's economy, best prepare Ohio	77933
students for Third Frontier jobs, and add to the quality of life	77934
for Ohio's citizens. The Director of Budget and Management may	77935
transfer any unencumbered fiscal year 2004 balance to fiscal year	77936
2005 to support the activities of the Commission.	77937

LEASE RENTAL PAYMENTS

77939

The foregoing appropriation item 235-401, Lease Rental	77940
Payments, shall be used to meet all payments at the times they are	77941
required to be made during the period from July 1, 2003, to June	77942
30, 2005, by the Board of Regents pursuant to leases and	77943
agreements made under section 154.21 of the Revised Code, but	77944
limited to the aggregate amount of $463,377,100. Nothing in this	77945
act shall be deemed to contravene the obligation of the state to	77946
pay, without necessity for further appropriation, from the sources	77947
pledged thereto, the bond service charges on obligations issued	77948
pursuant to section 154.21 of the Revised Code.	77949

SEA GRANTS

77950

The foregoing appropriation item 235-402, Sea Grants, shall	77951
be disbursed to the Ohio State University and shall be used to	77952
conduct research on fish in Lake Erie.	77953

MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT

77954

Appropriation item 235-403, Math/Science Teaching	77955
Improvement, shall be used by the Board of Regents to support	77956
programs such as OSI - Discovery designed to raise the quality of	77957
mathematics and science teaching in primary and secondary	77958
education.	77959

Of the foregoing appropriation item 235-403, Math/Science	77960
Teaching Improvement, $217,669 in each fiscal year shall be	77961
distributed to the Mathemathics and Science Center in Lake County.	77962

Of the foregoing appropriation item 235-403, Math/Science	77963
Teaching Improvement, $87,068 in fiscal year 2004 and $87,067 in	77964
fiscal year 2005 shall be distributed to the Ohio Mathematics and	77965
Science Coalition.	77966

COLLEGE READINESS INITIATIVES

77967

Appropriation item 235-404, College Readiness Initiatives,	77968
shall be used by the Board of Regents to support programs designed	77969
to improve the academic preparation and increase the number of	77970
students that enroll and succeed in higher education.	77971

MIDWEST HIGHER EDUCATION COMPACT

77972

The foregoing appropriation item 235-408, Midwest Higher	77973
Education Compact, shall be distributed by the Board of Regents	77974
pursuant to section 3333.40 of the Revised Code.	77975

INFORMATION SYSTEM

77976

The foregoing appropriation item 235-409, Information System,	77977
shall be used by the Board of Regents to operate the higher	77978
education information data system known as the Higher Education	77979
Information System.	77980

Section 88.02. JOBS CHALLENGE

77981

Funds appropriated to appropriation item 235-415, Jobs	77982
Challenge, shall be distributed to state-assisted community and	77983
technical colleges, regional campuses of state-assisted	77984
universities, and other organizationally distinct and identifiable	77985
member campuses of the EnterpriseOhio Network in support of	77986
noncredit job-related training. In each fiscal year, $2,770,773	77987
shall be distributed as performance grants to EnterpriseOhio	77988
Network campuses based upon each campus's documented performance	77989
according to criteria established by the Board of Regents for	77990
increasing training and related services to businesses,	77991
industries, and public sector organizations.	77992

Of the foregoing appropriation item 235-415, Jobs Challenge,	77993
$2,819,345 in each fiscal year shall be allocated to the Targeted	77994
Industries Training Grant Program to attract, develop, and retain	77995
business and industry strategically important to the state's	77996
economy.	77997

Also, in each fiscal year, $3,758,182 shall be allocated to	77998
the Higher Skills Incentives Program to promote and deliver	77999
coordinated, comprehensive training to local employers and to	78000
reward EnterpriseOhio Network campuses for increasing the amount	78001
of non-credit skill upgrading services provided to Ohio employers	78002
and employees. The funds shall be distributed to campuses in	78003
proportion to each campus's share of noncredit job-related	78004
training revenues received by all campuses for the previous fiscal	78005
year. It is the intent of the General Assembly that this Higher	78006
Skills Incentives component of the Jobs Challenge Program reward	78007
campus noncredit job-related training efforts in the same manner	78008
that the Research Challenge Program rewards campuses for their	78009
ability to obtain sponsored research revenues.	78010

OHIO LEARNING NETWORK

78011

Appropriation item 235-417, Ohio Learning Network, shall be	78012
used by the Board of Regents to support the continued	78013
implementation of the Ohio Learning Network, a statewide	78014
electronic collaborative effort designed to promote degree	78015
completion of students, workforce training of employees, and	78016
professional development through the use of advanced	78017
telecommunications and distance education initiatives.	78018

ACCESS CHALLENGE

78019

In each fiscal year, the foregoing appropriation item	78020
235-418, Access Challenge, shall be distributed to Ohio's	78021
state-assisted access colleges and universities. For the purposes	78022
of this allocation, "access campuses" includes state-assisted	78023
community colleges, state community colleges, technical colleges,	78024
Shawnee State University, Central State University, Cleveland	78025
State University, the regional campuses of state-assisted	78026
universities, and, where they are organizationally distinct and	78027
identifiable, the community-technical colleges located at the	78028
University of Cincinnati, Youngstown State University, and the	78029
University of Akron.	78030

The purpose of Access Challenge is to reduce the student	78031
share of costs for resident undergraduates enrolled in lower	78032
division undergraduate courses at Ohio's access campuses. The	78033
long-term goal is to make the student share of costs for these	78034
students equivalent to the student share of costs for resident	78035
undergraduate students enrolled throughout Ohio's public colleges	78036
and universities. Access Challenge appropriations shall be used in	78037
both years of the biennium to sustain, as much as possible, the	78038
tuition restraint or tuition reduction that was achieved with	78039
Access Challenge allocations in prior years.	78040

In fiscal year 2004, Access Challenge subsidies shall be	78041
distributed by the Board of Regents to eligible access campuses on	78042
the basis of the average of each campus's share of fiscal year	78043
2001 and 2002 all-terms subsidy-eligible General Studies FTEs. In	78044
fiscal year 2005, Access Challenge subsidies shall be distributed	78045
by the Board of Regents to eligible access campuses on the basis	78046
of the average of each campus's share of fiscal year 2002 and 2003	78047
all-terms subsidy-eligible General Studies FTEs.	78048

For the purposes of this calculation, Cleveland State	78049
University's enrollments shall be adjusted by the ratio of the sum	78050
of subsidy-eligible lower-division FTE student enrollments	78051
eligible for access funding to the sum of subsidy-eligible General	78052
Studies FTE student enrollments at Central State University and	78053
Shawnee State University, and for the following universities and	78054
their regional campuses: the Ohio State University, Ohio	78055
University, Kent State University, Bowling Green State University,	78056
Miami University, the University of Cincinnati, the University of	78057
Akron, and Wright State University.	78058

SUCCESS CHALLENGE

78059

The foregoing appropriation item 235-420, Success Challenge,	78060
shall be used by the Board of Regents to promote degree completion	78061
by students enrolled at a main campus of a state-assisted	78062
university.	78063

In each fiscal year, seventy per cent of the appropriations	78064
shall be distributed to state-assisted university main campuses in	78065
proportion to each campus's share of the total statewide	78066
bachelor's degrees granted by university main campuses to	78067
"at-risk" students. In fiscal years 2004 and 2005, an "at-risk"	78068
student means any undergraduate student who was eligible to	78069
receive an Ohio Instructional Grant during the past ten years. An	78070
eligible institution shall not receive its share of this	78071
distribution until it has submitted a plan that addresses how the	78072
subsidy will be used to better serve at-risk students and increase	78073
their likelihood of successful completion of a bachelor's degree	78074
program. The Board of Regents shall disseminate to all	78075
state-supported institutions of higher education all such plans	78076
submitted by institutions that received Success Challenge funds.	78077

In each fiscal year, thirty per cent of the appropriations	78078
shall be distributed to university main campuses in proportion to	78079
each campus's share of the total bachelor's degrees granted by	78080
university main campuses to undergraduate students who completed	78081
their bachelor's degrees in a "timely manner" in the previous	78082
fiscal year. For the purposes of this section, "timely manner"	78083
means the normal time it would take for a full-time degree-seeking	78084
undergraduate student to complete the student's degree. Generally,	78085
for such students pursuing a bachelor's degree, "timely manner"	78086
means four years. Exceptions to this general rule shall be	78087
permitted for students enrolled in programs specifically designed	78088
to be completed in a longer time period. The Board of Regents	78089
shall collect data to assess the timely completion statistics by	78090
university main campuses.	78091

APPALACHIAN NEW ECONOMY PARTNERSHIP

78092

The foregoing appropriation item 235-428, Appalachian New	78093
Economy Partnership, shall be distributed to Ohio University to	78094
continue a multi-campus and multi-agency coordinated effort to	78095
link Appalachia to the new economy. Ohio University shall use	78096
these funds to provide leadership in the development and	78097
implementation of initiatives in the areas of entrepreneurship,	78098
management, education, and technology.	78099

EMINENT SCHOLARS

78100

The foregoing appropriation item 235-451, Eminent Scholars,	78101
shall be used by the Ohio Board of Regents to establish an Ohio	78102
Eminent Scholars Program, the purpose of which is to invest	78103
educational resources to address problems that are of vital	78104
statewide significance while fostering the growth in eminence of	78105
Ohio's academic programs. Ohio Eminent Scholars endowed chairs	78106
will allow Ohio universities to recruit senior faculty members	78107
from outside Ohio who are nationally and internationally	78108
recognized scholars in areas of science and technology that	78109
provide the basic research platforms on which our technology and	78110
commercialization efforts are built. Endowment grants of	78111
approximately $750,000 to state colleges and universities and	78112
nonprofit Ohio institutions of higher education holding	78113
certificates of authorization issued under section 1713.02 of the	78114
Revised Code to match endowment gifts from nonstate sources may be	78115
made in accordance with a plan established by the Ohio Board of	78116
Regents. Matching nonstate gifts in science and technology	78117
programs shall be $750,000. The grants shall have as their purpose	78118
attracting and sustaining in Ohio scholar-leaders of national or	78119
international prominence; each will assist in accelerating state	78120
economic growth through research that provides an essential basic	78121
science platform for commercialization efforts. Such	78122
scholar-leaders shall, among their duties, share broadly the	78123
benefits and knowledge unique to their fields of scholarship to	78124
the betterment of Ohio and its people and collaborate with other	78125
state technology programs and program recipients.	78126

RESEARCH CHALLENGE

78127

The foregoing appropriation item 235-454, Research Challenge,	78128
shall be used to enhance the basic research capabilities of public	78129
colleges and universities and accredited Ohio institutions of	78130
higher education holding certificates of authorization issued	78131
pursuant to section 1713.02 of the Revised Code, in order to	78132
strengthen academic research for pursuing Ohio's economic	78133
development goals. The Board of Regents, in consultation with the	78134
colleges and universities, shall administer the Research Challenge	78135
Program and utilize a means of matching, on a fractional basis,	78136
external funds attracted in the previous year by institutions for	78137
basic research. The program may include incentives for increasing	78138
the amount of external research funds coming to eligible	78139
institutions and for focusing research efforts upon critical state	78140
needs. Colleges and universities shall submit for review and	78141
approval to the Board of Regents plans for the institutional	78142
allocation of state dollars received through the program. The	78143
institutional plans shall provide the rationale for the allocation	78144
in terms of the strategic targeting of funds for academic and	78145
state purposes, for strengthening research programs, for	78146
increasing the amount of external research funds, and shall	78147
include an evaluation process to provide results of the increased	78148
support. Each institutional plan for the investment of Research	78149
Challenge moneys shall report on existing, planned, and/or	78150
possible relationships with other State of Ohio science and	78151
technology programs and funding recipients in order to further	78152
ongoing statewide science and technology collaboration objectives.	78153
The Board of Regents shall submit a biennial report of progress to	78154
the General Assembly.	78155

ENTERPRISEOHIO NETWORK

78156

The foregoing appropriation item 235-455, EnterpriseOhio	78157
Network, shall be allocated by the Board of Regents to continue	78158
increasing the capabilities of the EnterpriseOhio Network to meet	78159
the ongoing training needs of Ohio employers. Funds shall support	78160
multicampus collaboration, best practice dissemination, and	78161
capacity building projects. The Regents Advisory Committee for	78162
Workforce Development, in its advisory role, shall advise in the	78163
development of plans and activities.	78164

Of the foregoing appropriation item 235-455, EnterpriseOhio	78165
Network, $181,101 in fiscal year 2004 and $176,334 in fiscal year	78166
2005 shall be used by the Dayton Business/Sinclair College Jobs	78167
Profiling Program.	78168

Section 88.03. AREA HEALTH EDUCATION CENTERS

78169

The foregoing appropriation item 235-474, Area Health	78170
Education Centers Program Support, shall be used by the Board of	78171
Regents to support the medical school regional area health	78172
education centers' educational programs for the continued support	78173
of medical and other health professions education and for support	78174
of the Area Health Education Center Program.	78175

Of the foregoing appropriation item 235-474, Area Health	78176
Education Centers Program Support, $174,135 in fiscal year 2004	78177
and $169,782 in fiscal year 2005 shall be disbursed to the Ohio	78178
University College of Osteopathic Medicine to operate a mobile	78179
health care unit to serve the southeastern area of the state. Of	78180
the foregoing appropriation item 235-474, Area Health Education	78181
Centers Program Support, $130,601 in fiscal year 2004 and $127,337	78182
in fiscal year 2005 shall be used to support the Ohio Valley	78183
Community Health Information Network (OVCHIN) project.	78184

ACCESS IMPROVEMENT PROJECTS

78185

The foregoing appropriation item 235-477, Access Improvement	78186
Projects, shall be used by the Board of Regents to support	78187
innovative statewide strategies to increase student access and	78188
retention for specialized populations, and to provide for pilot	78189
projects that will contribute to improving access to higher	78190
education by specialized populations. The funds may be used for	78191
projects that improve access for nonpublic secondary students.	78192

Of the foregoing appropriation item 235-477, Access	78193
Improvement Projects, $798,684 in fiscal year 2004 and $822,645 in	78194
fiscal year 2005 shall be distributed to the Ohio Appalachian	78195
Center for Higher Education at Shawnee State University. The board	78196
of directors of the center shall consist of the presidents of	78197
Shawnee State University, Ohio University, Belmont Technical	78198
College, Hocking Technical College, Jefferson Community College,	78199
Muskingum Area Technical College, Rio Grande Community College,	78200
Southern State Community College, and Washington State Community	78201
College; the dean of one of the Salem, Tuscarawas, and East	78202
Liverpool regional campuses of Kent State University, as	78203
designated by the president of Kent State University; and a	78204
representative of the Board of Regents designated by the	78205
Chancellor.	78206

Of the foregoing appropriation item 235-477, Access	78207
Improvement Projects, $169,553 in fiscal year 2004 and $174,640 in	78208
fiscal year 2005 shall be distributed to Miami University for the	78209
Student Achievement in Research and Scholarship (STARS) Program.	78210

Section 88.04. STATE SHARE OF INSTRUCTION

78211

As soon as practicable during each fiscal year of the	78212
2003-2005 biennium in accordance with instructions of the Board of	78213
Regents, each state-assisted institution of higher education shall	78214
report its actual enrollment to the Board of Regents.	78215

The Board of Regents shall establish procedures required by	78216
the system of formulas set out below and for the assignment of	78217
individual institutions to categories described in the formulas.	78218
The system of formulas establishes the manner in which aggregate	78219
expenditure requirements shall be determined for each of the three	78220
components of institutional operations. In addition to other	78221
adjustments and calculations described below, the subsidy	78222
entitlement of an institution shall be determined by subtracting	78223
from the institution's aggregate expenditure requirements income	78224
to be derived from the local contributions assumed in calculating	78225
the subsidy entitlements. The local contributions for purposes of	78226
determining subsidy support shall not limit the authority of the	78227
individual boards of trustees to establish fee levels.	78228

The General Studies and Technical models shall be adjusted by	78229
the Board of Regents so that the share of state subsidy earned by	78230
those models is not altered by changes in the overall local share.	78231
A lower-division fee differential shall be used to maintain the	78232
relationship that would have occurred between these models and the	78233
baccalaureate models had an assumed share of 37 per cent been	78234
funded.	78235

In defining the number of full-time equivalent (FTE) students	78236
for state subsidy purposes, the Board of Regents shall exclude all	78237
undergraduate students who are not residents of Ohio, except those	78238
charged in-state fees in accordance with reciprocity agreements	78239
made pursuant to section 3333.17 of the Revised Code or employer	78240
contracts entered into pursuant to section 3333.32 of the Revised	78241
Code.	78242

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

78243

(1) INSTRUCTION AND SUPPORT SERVICES

78244

MODEL	FY 2004	FY 2005	78245
General Studies I	$ 4,947	$ 4,983	78246
General Studies II	$ 5,323	$ 5,336	78247
General Studies III	$ 6,883	$ 7,120	78248
Technical I	$ 5,913	$ 6,137	78249
Technical III	$ 9,522	$ 10,026	78250
Baccalaureate I	$ 7,623	$ 7,721	78251
Baccalaureate II	$ 8,584	$ 8,864	78252
Baccalaureate III	$ 12,559	$ 12,932	78253
Masters and Professional I	$ 15,867	$ 18,000	78254
Masters and Professional II	$ 20,861	$ 22,141	78255
Masters and Professional III	$ 27,376	$ 28,190	78256
Medical I	$ 30,867	$ 31,819	78257
Medical II	$ 41,495	$ 41,960	78258
MPD I	$ 14,938	$ 14,966	78259

(2) STUDENT SERVICES

78260

For this purpose, FTE counts shall be weighted to reflect	78261
differences among institutions in the numbers of students enrolled	78262
on a part-time basis. The student services subsidy per FTE shall	78263
be $822 in fiscal year 2004 and $903 in fiscal year 2005 for all	78264
models.	78265

(B) PLANT OPERATION AND MAINTENANCE (POM)

78266

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

78267

Space undergoing renovation shall be funded at the rate	78268
allowed for storage space.	78269

In the calculation of square footage for each campus, square	78270
footage shall be weighted to reflect differences in space	78271
utilization.	78272

The space inventories for each campus shall be those	78273
determined in the fiscal year 2003 state share of instruction	78274
calculation, adjusted for changes attributable to the construction	78275
or renovation of facilities for which state appropriations were	78276
made or local commitments were made prior to January 1, 1995.	78277

Only 50 per cent of the space permanently taken out of	78278
operation in fiscal year 2004 or fiscal year 2005 that is not	78279
otherwise replaced by a campus shall be deleted from the plant	78280
operation and maintenance space inventory.	78281

The square-foot-based plant operation and maintenance subsidy	78282
for each campus shall be determined as follows:	78283

(a) For each standard room type category shown below, the	78284
subsidy-eligible net assignable square feet (NASF) for each campus	78285
shall be multiplied by the following rates, and the amounts summed	78286
for each campus to determine the total gross square-foot-based POM	78287
expenditure requirement:	78288

	FY 2004	FY 2005	78289
Classrooms	$5.80	$6.04	78290
Laboratories	$7.22	$7.53	78291
Offices	$5.80	$6.04	78292
Audio Visual Data Processing	$7.22	$7.53	78293
Storage	$2.57	$2.68	78294
Circulation	$7.31	$7.62	78295
Other	$5.80	$6.04	78296

(b) The total gross square-foot POM expenditure requirement	78297
shall be allocated to models in proportion to FTE enrollments as	78298
reported in enrollment data for all models except Doctoral I and	78299
Doctoral II.	78300

(c) The amounts allocated to models in division (B)(1)(b) of	78301
this section shall be multiplied by the ratio of subsidy-eligible	78302
FTE students to total FTE students reported in each model, and the	78303
amounts summed for all models. To this total amount shall be added	78304
an amount to support roads and grounds expenditures to produce the	78305
total square-foot-based POM subsidy.	78306

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

78307

(a) The number of subsidy-eligible FTE students in each model	78308
shall be multiplied by the following rates for each campus for	78309
each fiscal year.	78310

	FY 2004	FY 2005	78311
General Studies I	$ 552	$ 560	78312
General Studies II	$ 696	$ 705	78313
General Studies III	$1,608	$1,651	78314
Technical I	$ 777	$ 806	78315
Technical III	$1,501	$1,570	78316
Baccalaureate I	$ 700	$ 706	78317
Baccalaureate II	$1,250	$1,232	78318
Baccalaureate III	$1,520	$1,458	78319
Masters and Professional I	$1,258	$1,301	78320
Masters and Professional II	$2,817	$2,688	78321
Masters and Professional III	$3,832	$3,712	78322
Medical I	$2,663	$2,669	78323
Medical II	$3,837	$4,110	78324
MPD I	$1,213	$1,233	78325

(b) The sum of the products for each campus determined in	78326
division (B)(2)(a) of this section for all models except Doctoral	78327
I and Doctoral II for each fiscal year shall be weighted by a	78328
factor to reflect sponsored research activity and job	78329
training-related public services expenditures to determine the	78330
total activity-based POM subsidy.	78331

78332

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

78333

The calculation of the core subsidy entitlement shall consist	78334
of the following components:	78335

(a) For each campus and for each fiscal year, the core	78336
subsidy entitlement shall be determined by multiplying the amounts	78337
listed above in divisions (A)(1) and (2) and (B)(2) of this	78338
section less assumed local contributions, by (i) average	78339
subsidy-eligible FTEs for the two-year period ending in the prior	78340
year for all models except Doctoral I and Doctoral II; and (ii)	78341
average subsidy-eligible FTEs for the five-year period ending in	78342
the prior year for all models except Doctoral I and Doctoral II.	78343

(b) In calculating the core subsidy entitlements for Medical	78344
II models only, the Board of Regents shall use the following count	78345
of FTE students:	78346

(i) For those medical schools whose current year enrollment,	78347
including students repeating terms, is below the base enrollment,	78348
the Medical II FTE enrollment shall equal: 65 per cent of the base	78349
enrollment plus 35 per cent of the current year enrollment	78350
including students repeating terms, where the base enrollment is:	78351

The Ohio State University	1010	78352
University of Cincinnati	833	78353
Medical College of Ohio at Toledo	650	78354
Wright State University	433	78355
Ohio University	433	78356
Northeastern Ohio Universities College of Medicine	433	78357

(ii) For those medical schools whose current year enrollment,	78358
excluding students repeating terms, is equal to or greater than	78359
the base enrollment, the Medical II FTE enrollment shall equal the	78360
base enrollment plus the FTE for repeating students.	78361

(iii) Students repeating terms may be no more than five per	78362
cent of current year enrollment.	78363

(c) The Board of Regents shall compute the sum of the two	78364
calculations listed in division (C)(1)(a) of this section and use	78365
the greater sum as the core subsidy entitlement.	78366

The POM subsidy for each campus shall equal the greater of	78367
the square-foot-based subsidy or the activity-based POM subsidy	78368
component of the core subsidy entitlement.	78369

(d) The state share of instruction provided for doctoral	78370
students shall be based on a fixed percentage of the total	78371
appropriation. In each fiscal year of the biennium not more than	78372
10.34 per cent of the total state share of instruction shall be	78373
reserved to implement the recommendations of the Graduate Funding	78374
Commission. It is the intent of the General Assembly that the	78375
doctoral reserve not exceed 10.34 per cent of the total state	78376
share of instruction to implement the recommendations of the	78377
Graduate Funding Commission. The Board of Regents may reallocate	78378
up to two per cent in each fiscal year of the reserve among the	78379
state-assisted universities on the basis of a quality review as	78380
specified in the recommendations of the Graduate Funding	78381
Commission. No such reallocation shall occur unless the Board of	78382
Regents, in consultation with representatives of state-assisted	78383
universities, determines that sufficient funds are available for	78384
this purpose.	78385

The amount so reserved shall be allocated to universities in	78386
proportion to their share of the total number of Doctoral I	78387
equivalent FTEs as calculated on an institutional basis using the	78388
greater of the two-year or five-year FTEs for the period fiscal	78389
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	78390
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	78391
adjusted to reflect the effects of doctoral review and subsequent	78392
changes in Doctoral I equivalent enrollments. For the purposes of	78393
this calculation, Doctoral I equivalent FTEs shall equal the sum	78394
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	78395

(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE

78396

In addition to and after the other adjustment noted above, in	78397
fiscal years 2004 and 2005 each campus shall have its state share	78398
of instruction adjusted to the extent necessary to meet the	78399
following provisions:	78400

(a) If the total state share of instruction appropriation	78401
relative to the prior year is 102 per cent or greater, no campus	78402
shall receive a state share of instruction allocation that is less	78403
than 99 per cent of the prior year's state share of instruction	78404
amount;	78405

(b) If the total state share of instruction appropriation	78406
relative to the prior year is greater than 95 per cent but less	78407
than 102 per cent, no campus shall receive a state share of	78408
instruction allocation that is less than three percentage points	78409
below the percentage change in the total state share of	78410
instruction percentage change;	78411

(c) If the total share of instruction appropriation relative	78412
to the prior year is 95 per cent or less, no campus shall receive	78413
a state share of instruction allocation that is less than 2.5	78414
percentage points below the percentage change in the total state	78415
share of instruction percentage change.	78416

(3) CAPITAL COMPONENT DEDUCTION

78417

After all other adjustments have been made, state share of	78418
instruction earnings shall be reduced for each campus by the	78419
amount, if any, by which debt service charged in Am. H.B. No. 748	78420
of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd	78421
General Assembly, Am. H.B. No. 640 of the 123rd General Assembly,	78422
and H.B. No. 675 of the 124th General Assembly for that campus	78423
exceeds that campus's capital component earnings. The sum of the	78424
amounts deducted shall be transferred to appropriation item	78425
235-552, Capital Component, in each fiscal year.	78426

(D) REDUCTIONS IN EARNINGS

78427

If the total state share of instruction earnings in any	78428
fiscal year exceed the total appropriations available for such	78429
purposes, the Board of Regents shall proportionately reduce the	78430
state share of instruction earnings for all campuses by a uniform	78431
percentage so that the system wide sum equals available	78432
appropriations.	78433

(E) EXCEPTIONAL CIRCUMSTANCES

78434

Adjustments may be made to the state share of instruction	78435
payments and other subsidies distributed by the Board of Regents	78436
to state-assisted colleges and universities for exceptional	78437
circumstances. No adjustments for exceptional circumstances may be	78438
made without the recommendation of the Chancellor and the approval	78439
of the Controlling Board.	78440

(F) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	78441
INSTRUCTION	78442

The standard provisions of the state share of instruction	78443
calculation as described in the preceding sections of temporary	78444
law shall apply to any reductions made to appropriation line item	78445
235-501, State Share of Instruction, before the Board of Regents	78446
has formally approved the final allocation of the state share of	78447
instruction funds for any fiscal year.	78448

Any reductions made to appropriation line item 235-501, State	78449
Share of Instruction, after the Board of Regents has formally	78450
approved the final allocation of the state share of instruction	78451
funds for any fiscal year, shall be uniformly applied to each	78452
campus in proportion to its share of the final allocation.	78453

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

78454

The state share of instruction payments to the institutions	78455
shall be in substantially equal monthly amounts during the fiscal	78456
year, unless otherwise determined by the Director of Budget and	78457
Management pursuant to section 126.09 of the Revised Code.	78458
Payments during the first six months of the fiscal year shall be	78459
based upon the state share of instruction appropriation estimates	78460
made for the various institutions of higher education according to	78461
Board of Regents enrollment estimates. Payments during the last	78462
six months of the fiscal year shall be distributed after approval	78463
of the Controlling Board upon the request of the Board of Regents.	78464

(H) LAW SCHOOL SUBSIDY

78465

The state share of instruction to state-supported	78466
universities for students enrolled in law schools in fiscal year	78467
2004 and fiscal year 2005 shall be calculated by using the number	78468
of subsidy-eligible FTE law school students funded by state	78469
subsidy in fiscal year 1995 or the actual number of	78470
subsidy-eligible FTE law school students at the institution in the	78471
fiscal year, whichever is less.	78472

Section 88.05. HIGHER EDUCATION - BOARD OF TRUSTEES

78473

Funds appropriated for instructional subsidies at colleges	78474
and universities may be used to provide such branch or other	78475
off-campus undergraduate courses of study and such master's degree	78476
courses of study as may be approved by the Board of Regents.	78477

In providing instructional and other services to students,	78478
boards of trustees of state-assisted institutions of higher	78479
education shall supplement state subsidies by income from charges	78480
to students. Each board shall establish the fees to be charged to	78481
all students, including an instructional fee for educational and	78482
associated operational support of the institution and a general	78483
fee for noninstructional services, including locally financed	78484
student services facilities used for the benefit of enrolled	78485
students. The instructional fee and the general fee shall	78486
encompass all charges for services assessed uniformly to all	78487
enrolled students. Each board may also establish special purpose	78488
fees, service charges, and fines as required; such special purpose	78489
fees and service charges shall be for services or benefits	78490
furnished individual students or specific categories of students	78491
and shall not be applied uniformly to all enrolled students. A	78492
tuition surcharge shall be paid by all students who are not	78493
residents of Ohio.	78494

The boards of trustees of individual state-assisted	78495
universities, university branch campuses, community colleges,	78496
state community colleges, and technical colleges shall limit	78497
in-state undergraduate instructional and general fee increases for	78498
an academic year over the amounts charged in the prior academic	78499
year to no more than six per cent. In addition to the six per cent	78500
main campus in-state undergraduate instructional and general fee	78501
increase limit established in this section, the Board of Trustees	78502
of The Ohio State University may authorize an additional	78503
university main campus in-state undergraduate instructional and	78504
general fee increase of three per cent for academic years	78505
2003-2004 and 2004-2005. Except for the board of trustees of the	78506
Ohio State University, the boards of trustees of individual	78507
state-assisted universities, university branch campuses, community	78508
colleges, state community colleges, and technical colleges shall	78509
not authorize combined instructional and general fee increases of	78510
more than six per cent in a single vote. The board of trustees of	78511
The Ohio State University shall not authorize combined	78512
instructional and general fee increases of more than nine per cent	78513
in a single vote. The boards of trustees of individual	78514
state-assisted universities, university branch campuses, community	78515
colleges, state community colleges, and technical colleges may	78516
authorize an additional three per cent increase in in-state	78517
undergraduate instructional and general fees in a separate vote.	78518
The additional increase shall only be used for providing	78519
scholarships to low-income students, to be known as Access	78520
Scholarship Grants, or for any other special purpose that the	78521
Board of Regents has approved. These fee increase limitations	78522
apply even if an institutional board of trustees has, prior to the	78523
effective date of this section, voted to assess a higher fee for	78524
the 2003-2004 academic year. These limitations shall not apply to	78525
increases required to comply with institutional covenants related	78526
to their obligations or to meet unfunded legal mandates or legally	78527
binding obligations incurred or commitments made prior to the	78528
effective date of this act with respect to which the institution	78529
had identified such fee increases as the source of funds. Any	78530
increase required by such covenants and any such mandates,	78531
obligations, or commitments shall be reported by the Board of	78532
Regents to the Controlling Board. These limitations may also be	78533
modified by the Board of Regents, with the approval of the	78534
Controlling Board, to respond to exceptional circumstances as	78535
identified by the Board of Regents.	78536

For purposes of implementing the instructional and general	78537
fee increase limitations, the instructional and general fees	78538
during an academic year for any state-assisted institution of	78539
higher education on the quarter system that does not increase its	78540
instructional and general fees during the summer term shall be	78541
defined as the sum of the instructional and general fees charged	78542
to a full-time student in the fall, winter, and spring quarters.	78543

For purposes of implementing the instructional and general	78544
fee increase limitations, the instructional and general fees	78545
during an academic year for any state-assisted institution of	78546
higher education on the quarter system that does increase its	78547
instructional and general fees during the summer term shall be	78548
defined as three-fourths of the sum of the instructional and	78549
general fees charged to a full-time student in the fall, winter,	78550
spring, and summer quarters.	78551

For purposes of implementing the instructional and general	78552
fee increase limitations, the instructional and general fees	78553
during an academic year for any state-assisted institution of	78554
higher education on the semester system that does not increase its	78555
instructional and general fees during the summer term shall be	78556
defined as the sum of the instructional and general fees charged	78557
to a full-time student in the fall and spring semesters.	78558

For purposes of implementing the instructional and general	78559
fee increase limitations, the instructional and general fees	78560
during an academic year for any state-assisted institution of	78561
higher education on the semester system that does increase its	78562
instructional and general fees during the summer term shall be	78563
defined as two-thirds of the sum of the instructional and general	78564
fees charged to a full-time student in the fall, spring, and	78565
summer semesters.	78566

The board of trustees of a state-assisted institution of	78567
higher education shall not authorize a waiver or nonpayment of	78568
instructional fees or general fees for any particular student or	78569
any class of students other than waivers specifically authorized	78570
by law or approved by the Chancellor. This prohibition is not	78571
intended to limit the authority of boards of trustees to provide	78572
for payments to students for services rendered the institution,	78573
nor to prohibit the budgeting of income for staff benefits or for	78574
student assistance in the form of payment of such instructional	78575
and general fees. Each state-assisted institution of higher	78576
education in its statement of charges to students shall separately	78577
identify the instructional fee, the general fee, the tuition	78578
charge, and the tuition surcharge. Fee charges to students for	78579
instruction shall not be considered to be a price of service but	78580
shall be considered to be an integral part of the state government	78581
financing program in support of higher educational opportunity for	78582
students.	78583

In providing the appropriations in support of instructional	78584
services at state-assisted institutions of higher education and	78585
the appropriations for other instruction it is the intent of the	78586
General Assembly that faculty members shall devote a proper and	78587
judicious part of their work week to the actual instruction of	78588
students. Total class credit hours of production per quarter per	78589
full-time faculty member is expected to meet the standards set	78590
forth in the budget data submitted by the Board of Regents.	78591

The authority of government vested by law in the boards of	78592
trustees of state-assisted institutions of higher education shall	78593
in fact be exercised by those boards. Boards of trustees may	78594
consult extensively with appropriate student and faculty groups.	78595
Administrative decisions about the utilization of available	78596
resources, about organizational structure, about disciplinary	78597
procedure, about the operation and staffing of all auxiliary	78598
facilities, and about administrative personnel shall be the	78599
exclusive prerogative of boards of trustees. Any delegation of	78600
authority by a board of trustees in other areas of responsibility	78601
shall be accompanied by appropriate standards of guidance	78602
concerning expected objectives in the exercise of such delegated	78603
authority and shall be accompanied by periodic review of the	78604
exercise of this delegated authority to the end that the public	78605
interest, in contrast to any institutional or special interest,	78606
shall be served.	78607

Section 88.06. STUDENT SUPPORT SERVICES

78608

The foregoing appropriation item 235-502, Student Support	78609
Services, shall be distributed by the Board of Regents to Ohio's	78610
state-assisted colleges and universities that incur	78611
disproportionate costs in the provision of support services to	78612
disabled students.	78613

OHIO INSTRUCTIONAL GRANTS

78614

Notwithstanding section 3333.12 of the Revised Code, in lieu	78615
of the tables in that section, instructional grants for all	78616
full-time students shall be made for fiscal year 2004 using the	78617
tables under this heading.	78618

The tables under this heading prescribe the maximum grant	78619
amounts covering two semesters, three quarters, or a comparable	78620
portion of one academic year. The grant amount for a full-time	78621
student enrolled in an eligible institution for a semester or	78622
quarter in addition to the portion of the academic year covered by	78623
a grant determined under these tables shall be a percentage of the	78624
maximum prescribed in the applicable table. The maximum grant for	78625
a fourth quarter shall be one-third of the maximum amount	78626
prescribed under the table. The maximum grant for a third semester	78627
shall be one-half of the maximum amount prescribed under the	78628
table.	78629

For a full-time student who is a dependent and enrolled in a	78630
nonprofit educational institution that is not a state-assisted	78631
institution and that has a certificate of authorization issued	78632
pursuant to Chapter 1713. of the Revised Code, the amount of the	78633
instructional grant for two semesters, three quarters, or a	78634
comparable portion of the academic year shall be determined in	78635
accordance with the following table:	78636

Private Institution

78637

Table of Grants

78638

	Maximum Grant $5,466		78639
Gross Income	Number of Dependents		78640

5 or more

78641

$0 - $15,000	$5,466	$5,466	$5,466	$5,466	$5,466	78642
$15,001 - $16,000	4,920	5,466	5,466	5,466	5,466	78643
$16,001 - $17,000	4,362	4,920	5,466	5,466	5,466	78644
$17,001 - $18,000	3,828	4,362	4,920	5,466	5,466	78645
$18,001 - $19,000	3,288	3,828	4,362	4,920	5,466	78646
$19,001 - $22,000	2,736	3,288	3,828	4,362	4,920	78647
$22,001 - $25,000	2,178	2,736	3,288	3,828	4,362	78648
$25,001 - $28,000	1,626	2,178	2,736	3,288	3,828	78649
$28,001 - $31,000	1,344	1,626	2,178	2,736	3,288	78650
$31,001 - $32,000	1,080	1,344	1,626	2,178	2,736	78651
$32,001 - $33,000	984	1,080	1,344	1,626	2,178	78652
$33,001 - $34,000	888	984	1,080	1,344	1,626	78653
$34,001 - $35,000	444	888	984	1,080	1,344	78654
$35,001 - $36,000	--	444	888	984	1,080	78655
$36,001 - $37,000	--	--	444	888	984	78656
$37,001 - $38,000	--	--	--	444	888	78657
$38,001 - $39,000	--	--	--	--	444	78658

For a full-time student who is financially independent and	78659
enrolled in a nonprofit educational institution that is not a	78660
state-assisted institution and that has a certificate of	78661
authorization issued pursuant to Chapter 1713. of the Revised	78662
Code, the amount of the instructional grant for two semesters,	78663
three quarters, or a comparable portion of the academic year shall	78664
be determined in accordance with the following table:	78665

Private Institution

78666

Table of Grants

78667

	Maximum Grant $5,466		78668
Gross Income	Number of Dependents		78669

5 or more

78670

Under $4,800	$5,466	$5,466	$5,466	$5,466	$5,466	$5,466	78671
$4,801 - $5,300	4,920	5,466	5,466	5,466	5,466	5,466	78672
$5,301 - $5,800	4,362	5,028	5,466	5,466	5,466	5,466	78673
$5,801 - $6,300	3,828	4,584	5,028	5,466	5,466	5,466	78674
$6,301 - $6,800	3,288	4,158	4,584	5,028	5,466	5,466	78675
$6,801 - $7,300	2,736	3,726	4,158	4,584	5,028	5,466	78676
$7,301 - $8,300	2,178	3,282	3,726	4,158	4,584	5,028	78677
$8,301 - $9,300	1,626	2,838	3,282	3,726	4,158	4,584	78678
$9,301 - $10,300	1,344	2,394	2,838	3,282	3,726	4,158	78679
$10,301 - $11,800	1,080	2,166	2,394	2,838	3,282	3,726	78680
$11,801 - $13,300	984	1,956	2,166	2,394	2,838	3,282	78681
$13,301 - $14,800	888	1,878	1,956	2,166	2,394	2,838	78682
$14,801 - $16,300	444	1,692	1,878	1,956	2,166	2,394	78683
$16,301 - $19,300	--	1,122	1,584	1,770	1,956	2,166	78684
$19,301 - $22,300	--	546	1,014	1,476	1,662	1,848	78685
$22,301 - $25,300	--	438	546	1,014	1,476	1,662	78686
$25,301 - $30,300	--	324	438	546	1,014	1,476	78687
$30,301 - $35,300	--	198	216	270	324	792	78688

For a full-time student who is a dependent and enrolled in an	78689
educational institution that holds a certificate of registration	78690
from the state board of career colleges and schools or a private	78691
institution exempt from regulation under Chapter 3332. of the	78692
Revised Code as prescribed in section 3333.046 of the Revised	78693
Code, the amount of the instructional grant for two semesters,	78694
three quarters, or a comparable portion of the academic year shall	78695
be determined in accordance with the following table:	78696

Career Institution

78697

Table of Grants

78698

	Maximum Grant $4,632		78699
Gross Income	Number of Dependents		78700

5 or more

78701

$0 - $15,000	$4,632	$4,632	$4,632	$4,632	$4,632	78702
$15,001 - $16,000	4,182	4,632	4,632	4,632	4,632	78703
$16,001 - $17,000	3,684	4,182	4,632	4,632	4,632	78704
$17,001 - $18,000	3,222	3,684	4,182	4,632	4,632	78705
$18,001 - $19,000	2,790	3,222	3,684	4,182	4,632	78706
$19,001 - $22,000	2,292	2,790	3,222	3,684	4,182	78707
$22,001 - $25,000	1,854	2,292	2,790	3,222	3,684	78708
$25,001 - $28,000	1,416	1,854	2,292	2,790	3,222	78709
$28,001 - $31,000	1,134	1,416	1,854	2,292	2,790	78710
$31,001 - $32,000	906	1,134	1,416	1,854	2,292	78711
$32,001 - $33,000	852	906	1,134	1,416	1,854	78712
$33,001 - $34,000	750	852	906	1,134	1,416	78713
$34,001 - $35,000	372	750	852	906	1,134	78714
$35,001 - $36,000	--	372	750	852	906	78715
$36,001 - $37,000	--	--	372	750	852	78716
$37,001 - $38,000	--	--	--	372	750	78717
$38,001 - $39,000	--	--	--	--	372	78718

For a full-time student who is financially independent and	78719
enrolled in an educational institution that holds a certificate of	78720
registration from the state board of career colleges and schools	78721
or a private institution exempt from regulation under Chapter	78722
3332. of the Revised Code as prescribed in section 3333.046 of the	78723
Revised Code, the amount of the instructional grant for two	78724
semesters, three quarters, or a comparable portion of the academic	78725
year shall be determined in accordance with the following table:	78726

Career Institution

78727

Table of Grants

78728

	Maximum Grant $4,632		78729
Gross Income	Number of Dependents		78730

5 or more

78731

Under $4,800	$4,632	$4,632	$4,632	$4,632	$4,632	$4,632	78732
$4,801 - $5,300	4,182	4,632	4,632	4,632	4,632	4,632	78733
$5,301 - $5,800	3,684	4,272	4,632	4,632	4,632	4,632	78734
$5,801 - $6,300	3,222	3,876	4,272	4,632	4,632	4,632	78735
$6,301 - $6,800	2,790	3,504	3,876	4,272	4,632	4,632	78736
$6,801 - $7,300	2,292	3,156	3,504	3,876	4,272	4,632	78737
$7,301 - $8,300	1,854	2,760	3,156	3,504	3,876	4,272	78738
$8,301 - $9,300	1,416	2,412	2,760	3,156	3,504	3,876	78739
$9,301 - $10,300	1,134	2,058	2,412	2,760	3,156	3,504	78740
$10,301 - $11,800	906	1,836	2,058	2,412	2,760	3,156	78741
$11,801 - $13,300	852	1,650	1,836	2,058	2,412	2,760	78742
$13,301 - $14,800	750	1,608	1,650	1,836	2,058	2,412	78743
$14,801 - $16,300	372	1,434	1,608	1,650	1,836	2,058	78744
$16,301 - $19,300	--	942	1,338	1,518	1,650	1,836	78745
$19,301 - $22,300	--	456	858	1,242	1,416	1,560	78746
$22,301 - $25,300	--	372	456	858	1,242	1,416	78747
$25,301 - $30,300	--	282	372	456	858	1,242	78748
$30,301 - $35,300	--	168	180	228	282	666	78749

For a full-time student who is a dependent and enrolled in a	78750
state-assisted educational institution, the amount of the	78751
instructional grant for two semesters, three quarters, or a	78752
comparable portion of the academic year shall be determined in	78753
accordance with the following table:	78754

Public Institution

78755

Table of Grants

78756

	Maximum Grant $2,190		78757
Gross Income	Number of Dependents		78758

5 or more

78759

$0 - $15,000	$2,190	$2,190	$2,190	$2,190	$2,190	78760
$15,001 - $16,000	1,974	2,190	2,190	2,190	2,190	78761
$16,001 - $17,000	1,740	1,974	2,190	2,190	2,190	78762
$17,001 - $18,000	1,542	1,740	1,974	2,190	2,190	78763
$18,001 - $19,000	1,320	1,542	1,740	1,974	2,190	78764
$19,001 - $22,000	1,080	1,320	1,542	1,740	1,974	78765
$22,001 - $25,000	864	1,080	1,320	1,542	1,740	78766
$25,001 - $28,000	648	864	1,080	1,320	1,542	78767
$28,001 - $31,000	522	648	864	1,080	1,320	78768
$31,001 - $32,000	420	522	648	864	1,080	78769
$32,001 - $33,000	384	420	522	648	864	78770
$33,001 - $34,000	354	384	420	522	648	78771
$34,001 - $35,000	174	354	384	420	522	78772
$35,001 - $36,000	--	174	354	384	420	78773
$36,001 - $37,000	--	--	174	354	384	78774
$37,001 - $38,000	--	--	--	174	354	78775
$38,001 - $39,000	--	--	--	--	174	78776

For a full-time student who is financially independent and	78777
enrolled in a state-assisted educational institution, the amount	78778
of the instructional grant for two semesters, three quarters, or a	78779
comparable portion of the academic year shall be determined in	78780
accordance with the following table:	78781

Public Institution

78782

Table of Grants

78783

	Maximum Grant $2,190		78784
Gross Income	Number of Dependents		78785

5 or more

78786

Under $4,800	$2,190	$2,190	$2,190	$2,190	$2,190	$2,190	78787
$4,801 - $5,300	1,974	2,190	2,190	2,190	2,190	2,190	78788
$5,301 - $5,800	1,740	2,016	2,190	2,190	2,190	2,190	78789
$5,801 - $6,300	1,542	1,830	2,016	2,190	2,190	2,190	78790
$6,301 - $6,800	1,320	1,674	1,830	2,016	2,190	2,190	78791
$6,801 - $7,300	1,080	1,494	1,674	1,830	2,016	2,190	78792
$7,301 - $8,300	864	1,302	1,494	1,674	1,830	2,016	78793
$8,301 - $9,300	648	1,128	1,302	1,494	1,674	1,830	78794
$9,301 - $10,300	522	954	1,128	1,302	1,494	1,674	78795
$10,301 - $11,800	420	858	954	1,128	1,302	1,494	78796
$11,801 - $13,300	384	774	858	954	1,128	1,302	78797
$13,301 - $14,800	354	744	774	858	954	1,128	78798
$14,801 - $16,300	174	678	744	774	858	954	78799
$16,301 - $19,300	--	450	630	702	774	858	78800
$19,301 - $22,300	--	216	402	594	654	732	78801
$22,301 - $25,300	--	174	216	402	594	654	78802
$25,301 - $30,300	--	132	174	216	402	594	78803
$30,301 - $35,300	--	78	84	102	132	312	78804

The foregoing appropriation item 235-503, Ohio Instructional	78805
Grants, shall be used to make the payments authorized by division	78806
(C) of section 3333.26 of the Revised Code to the institutions	78807
described in that division. In addition, this appropriation shall	78808
be used to reimburse the institutions described in division (B) of	78809
section 3333.26 of the Revised Code for the cost of the waivers	78810
required by that division.	78811

The unencumbered balance of appropriation item 235-503, Ohio	78812
Instructional Grants, at the end of fiscal year 2004 shall be	78813
transferred to fiscal year 2005 for use under the same	78814
appropriation item. The amounts transferred are hereby	78815
appropriated.	78816

WAR ORPHANS SCHOLARSHIPS

78817

The foregoing appropriation item 235-504, War Orphans	78818
Scholarships, shall be used to reimburse state-assisted	78819
institutions of higher education for waivers of instructional fees	78820
and general fees provided by them, to provide grants to	78821
institutions that have received a certificate of authorization	78822
from the Ohio Board of Regents under Chapter 1713. of the Revised	78823
Code, in accordance with the provisions of section 5910.04 of the	78824
Revised Code, and to fund additional scholarship benefits provided	78825
by section 5910.032 of the Revised Code.	78826

Section 88.07. AIR FORCE INSTITUTE OF TECHNOLOGY

78827

The foregoing appropriation item 235-508, Air Force Institute	78828
of Technology, shall be used to strengthen the research and	78829
educational linkages between the Wright Patterson Air Force Base	78830
and institutions of higher education in Ohio. Of the foregoing	78831
appropriation item 235-508, Air Force Institute of Technology,	78832
$1,380,000 in fiscal year 2004 and $1,380,000 in fiscal year 2005	78833
shall be used for research projects that connect the Air Force	78834
Research Laboratories with university partners. The institute	78835
shall provide annual reports to the Third Frontier Commission,	78836
that discuss existing, planned, or possible collaborations between	78837
programs and funding recipients related to technology, research	78838
development, commercialization, and support for Ohio's economic	78839
development.	78840

Of the foregoing appropriation item 235-508, Air Force	78841
Institute of Technology, $500,000 in each fiscal year shall be	78842
used to match federal dollars to support the Wright Brothers	78843
Institute. Funds shall be used by the Wright Brothers Institute to	78844
create or expand Ohio-based technology and commercial development	78845
collaborations between industry, academia, and government in areas	78846
which include carbon nano-tube materials technology, genome-based	78847
biotechnology, knowledge-creation information technology,	78848
cognitive systems modeling and engineering, or other related	78849
projects as deemed appropriate by the institute.	78850

OHIO SUPERCOMPUTER CENTER

78851

The foregoing appropriation item 235-510, Ohio Supercomputer	78852
Center, shall be used by the Board of Regents to support the	78853
operation of the center, located at The Ohio State University, as	78854
a statewide resource available to Ohio research universities both	78855
public and private. It is also intended that the center be made	78856
accessible to private industry as appropriate. Policies of the	78857
center shall be established by a governance committee,	78858
representative of Ohio's research universities and private	78859
industry, to be appointed by the Chancellor of the Board of	78860
Regents and established for this purpose.	78861

The Ohio Supercomputer Center shall report on expanding	78862
solutions-oriented, computational science services to industrial	78863
and other customers, including alignment programs and recipients,	78864
and develop a plan for a computational science initiative in	78865
collaboration with the Wright Centers of Innovation program and	78866
the Computer Science Graduate Studies Program.	78867

COOPERATIVE EXTENSION SERVICE

78868

The foregoing appropriation item 235-511, Cooperative	78869
Extension Service, shall be disbursed through the Board of Regents	78870
to The Ohio State University in monthly payments, unless otherwise	78871
determined by the Director of Budget and Management pursuant to	78872
section 126.09 of the Revised Code.	78873

Of the foregoing appropriation item 235-511, Cooperative	78874
Extension Service, $182,842 in fiscal year 2004 and $178,271 in	78875
fiscal year 2005 shall be used for additional staffing for county	78876
agents for expanded 4-H activities. Of the foregoing appropriation	78877
item 235-511, Cooperative Extension Service, $182,842 in fiscal	78878
year 2004 and $178,271 in fiscal year 2005 shall be used by the	78879
Cooperative Extension Service, through the Enterprise Center for	78880
Economic Development in cooperation with other agencies, for a	78881
public-private effort to create and operate a small business	78882
economic development program to enhance the development of	78883
alternatives to the growing of tobacco, and implement, through	78884
applied research and demonstration, the production and marketing	78885
of other high-value crops and value-added products. Of the	78886
foregoing appropriation item 235-511, Cooperative Extension	78887
Service, $56,594 in fiscal year 2004 and $55,179 in fiscal year	78888
2005 shall be used for farm labor mediation and education	78889
programs. Of the foregoing appropriation item 235-511, Cooperative	78890
Extension Service, $187,195 in fiscal year 2004 and $182,515 in	78891
fiscal year 2005 shall be used to support the Ohio State	78892
University Marion Enterprise Center.	78893

Of the foregoing appropriation item 235-511, Cooperative	78894
Extension Service, $792,750 in fiscal year 2004 and $772,931 in	78895
fiscal year 2005 shall be used to support the Ohio Watersheds	78896
Initiative.	78897

CENTRAL STATE SUPPLEMENT

78898

The foregoing appropriation item 235-514, Central State	78899
Supplement, shall be used by Central State University to keep	78900
undergraduate fees below the statewide average, consistent with	78901
its mission of service to many first-generation college students	78902
from groups historically underrepresented in higher education and	78903
from families with limited incomes.	78904

PERFORMANCE STANDARDS FOR MEDICAL EDUCATION

78905

The Board of Regents, in consultation with the state-assisted	78906
medical colleges, shall develop performance standards for medical	78907
education. Special emphasis in the standards shall be placed on	78908
attempting to ensure that at least 50 per cent of the aggregate	78909
number of students enrolled in state-assisted medical colleges	78910
continue to enter residency as primary care physicians. Primary	78911
care physicians are general family practice physicians, general	78912
internal medicine practitioners, and general pediatric care	78913
physicians. The Board of Regents shall monitor medical school	78914
performance in relation to their plans for reaching the 50 per	78915
cent systemwide standard for primary care physicians.	78916

Section 88.08. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	78917
MEDICINE	78918

The foregoing appropriation item 235-515, Case Western	78919
Reserve University School of Medicine, shall be disbursed to Case	78920
Western Reserve University through the Board of Regents in	78921
accordance with agreements entered into as provided for by section	78922
3333.10 of the Revised Code, provided that the state support per	78923
full-time medical student shall not exceed that provided to	78924
full-time medical students at state universities.	78925

STATE UNIVERSITY CLINICAL TEACHING

78926

The foregoing appropriation items 235-536, The Ohio State	78927
University Clinical Teaching; 235-537, University of Cincinnati	78928
Clinical Teaching; 235-538, Medical College of Ohio at Toledo	78929
Clinical Teaching; 235-539, Wright State University Clinical	78930
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541,	78931
Northeastern Ohio Universities College of Medicine Clinical	78932
Teaching, shall be distributed through the Board of Regents.	78933

Of the foregoing appropriation item 235-539, Wright State	78934
University Clinical Teaching, $124,644 in each fiscal year of the	78935
biennium shall be for the use of Wright State University's Ellis	78936
Institute for Clinical Teaching Studies to operate the clinical	78937
facility to serve the Greater Dayton area.	78938

FAMILY PRACTICE, GERIATRIC MEDICINE, AND PRIMARY CARE	78939
RESIDENCIES	78940

The Board of Regents shall develop plans consistent with	78941
existing criteria and guidelines as may be required for the	78942
distribution of appropriation items 235-519, Family Practice,	78943
235-525, Geriatric Medicine, and 235-526, Primary Care	78944
Residencies.	78945

SHAWNEE STATE SUPPLEMENT

78946

The foregoing appropriation item 235-520, Shawnee State	78947
Supplement, shall be used by Shawnee State University as detailed	78948
by both of the following:	78949

(A) To allow Shawnee State University to keep its	78950
undergraduate fees below the statewide average, consistent with	78951
its mission of service to an economically depressed Appalachian	78952
region;	78953

(B) To allow Shawnee State University to employ new faculty	78954
to develop and teach in new degree programs that meet the needs of	78955
Appalachians.	78956

POLICE AND FIRE PROTECTION

78957

The foregoing appropriation item 235-524, Police and Fire	78958
Protection, shall be used for police and fire services in the	78959
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	78960
Portsmouth, Xenia Township (Greene County), and Rootstown	78961
Township, that may be used to assist these local governments in	78962
providing police and fire protection for the central campus of the	78963
state-affiliated university located therein. Each participating	78964
municipality and township shall receive at least $5,000 each year.	78965
Funds shall be distributed according to the methodology employed	78966
by the Board of Regents in the previous biennium.	78967

PRIMARY CARE RESIDENCIES

78968

The foregoing appropriation item 235-526, Primary Care	78969
Residencies, shall be distributed in each fiscal year of the	78970
biennium, based on whether or not the institution has submitted	78971
and gained approval for a plan. If the institution does not have	78972
an approved plan, it shall receive five per cent less funding per	78973
student than it would have received from its annual allocation.	78974
The remaining funding shall be distributed among those	78975
institutions that meet or exceed their targets.	78976

OHIO AEROSPACE INSTITUTE

78977

The foregoing appropriation item 235-527, Ohio Aerospace	78978
Institute, shall be distributed by the Board of Regents under	78979
section 3333.042 of the Revised Code. The Board of Regents, in	78980
conjunction with the Third Frontier Commission, shall review the	78981
progress of the Ohio Aerospace Institute's efforts in the context	78982
of the original mission to support academic research and education	78983
in aerospace engineering. These findings will be used to determine	78984
whether or not the institute shall continue to receive state	78985
funding. If a determination is made to discontinue state support	78986
for the Ohio Aerospace Institute through this appropriation item,	78987
the Board of Regents may utilize this appropriation item to fund	78988
other initiatives that support the advancement of aerospace	78989
research or education in aerospace engineering.	78990

ACADEMIC SCHOLARSHIPS

78991

The foregoing appropriation item 235-530, Academic	78992
Scholarships, shall be used to provide academic scholarships to	78993
students under section 3333.22 of the Revised Code.	78994

STUDENT CHOICE GRANTS

78995

The foregoing appropriation item 235-531, Student Choice	78996
Grants, shall be used to support the Student Choice Grant Program	78997
created by section 3333.27 of the Revised Code. The unencumbered	78998
balance of appropriation item 235-531, Student Choice Grants, at	78999
the end of fiscal year 2004 shall be transferred to fiscal year	79000
2005 for use under the same appropriation item to maintain grant	79001
award amounts in fiscal year 2005 equal to the awards provided in	79002
fiscal year 2004. The amounts transferred are hereby appropriated.	79003

STUDENT WORKFORCE DEVELOPMENT GRANTS

79004

The foregoing appropriation item 235-534, Student Workforce	79005
Development Grants, shall be used to support the Student Workforce	79006
Development Grant Program. Of the appropriated funds available,	79007
the Board of Regents shall distribute grants to each eligible	79008
student in an academic year. The size of each grant award shall be	79009
determined by the Board of Regents based on the amount of funds	79010
available for the program.	79011

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

79012

The foregoing appropriation item 235-535, Ohio Agricultural	79013
Research and Development Center, shall be disbursed through the	79014
Board of Regents to The Ohio State University in monthly payments,	79015
unless otherwise determined by the Director of Budget and	79016
Management pursuant to section 126.09 of the Revised Code. The	79017
Ohio Agricultural Research and Development Center shall not be	79018
required to remit payment to The Ohio State University during the	79019
2003-2005 biennium for cost reallocation assessments. The cost	79020
reallocation assessments include, but are not limited to, any	79021
assessment on state appropriations to the center. The Ohio	79022
Agricultural Research and Development Center, in conjunction with	79023
the Third Frontier Commission, shall provide for an independently	79024
evaluated self-study of research excellence and commercial	79025
relevance in a manner to be prescribed by the Third Frontier	79026
Commission.	79027

Of the foregoing appropriation item 235-535, Ohio	79028
Agricultural Research and Development Center, $470,164 in fiscal	79029
year 2004 and $458,410 in fiscal year 2005 shall be used to	79030
purchase equipment.	79031

Of the foregoing appropriation item 235-535, Ohio	79032
Agricultural Research and Development Center, $827,141 in fiscal	79033
year 2004 and $806,463 in fiscal year 2005 shall be distributed to	79034
the Piketon Agricultural Research and Extension Center.	79035

Of the foregoing appropriation item 235-535, Ohio	79036
Agricultural Research and Development Center, $217,669 in fiscal	79037
year 2004 and $212,227 in fiscal year 2005 shall be distributed to	79038
the Raspberry/Strawberry-Ellagic Acid Research program at the Ohio	79039
State University Medical College in cooperation with the Ohio	79040
State University College of Agriculture.	79041

Of the foregoing appropriation item 235-535, Ohio	79042
Agricultural Research and Development Center, $43,534 in fiscal	79043
year 2004 and $42,445 in fiscal year 2005 shall be used to support	79044
the Ohio Berry Administrator.	79045

Of the foregoing appropriation item 235-535, Ohio	79046
Agricultural Research and Development Center, $87,067 in fiscal	79047
year 2004 and $84,890 in fiscal year 2005 shall be used for the	79048
development of agricultural crops and products not currently in	79049
widespread production in Ohio, in order to increase the income and	79050
viability of family farmers.	79051

SCHOOL OF INTERNATIONAL BUSINESS

79052

Of the foregoing appropriation item 235-547, School of	79053
International Business, $901,975 in fiscal year 2004 and $879,426	79054
in fiscal year 2005 shall be used for the continued development	79055
and support of the School of International Business of the state	79056
universities of northeast Ohio. The money shall go to the	79057
University of Akron. These funds shall be used by the university	79058
to establish a School of International Business located at the	79059
University of Akron. It may confer with Kent State University,	79060
Youngstown State University, and Cleveland State University as to	79061
the curriculum and other matters regarding the school.	79062

Of the foregoing appropriation item 235-547, School of	79063
International Business, $181,318 in fiscal year 2004 and $176,785	79064
in fiscal year 2005 shall be used by the University of Toledo	79065
College of Business for expansion of its international business	79066
programs.	79067

Of the foregoing appropriation item 235-547, School of	79068
International Business, $181,318 in fiscal year 2004 and $176,785	79069
in fiscal year 2005 shall be used to support the Ohio State	79070
University BioMEMS program.	79071

PART-TIME STUDENT INSTRUCTIONAL GRANTS

79072

The foregoing appropriation item 235-549, Part-time Student	79073
Instructional Grants, shall be used to support a grant program for	79074
part-time undergraduate students who are Ohio residents and who	79075
are enrolled in degree granting programs.	79076

Eligibility for participation in the program shall include	79077
degree granting educational institutions that hold a certificate	79078
of registration from the State Board of Career Colleges and	79079
Schools, and nonprofit institutions that have a certificate of	79080
authorization issued pursuant to Chapter 1713. of the Revised	79081
Code, as well as state-assisted colleges and universities. Grants	79082
shall be given to students on the basis of need, as determined by	79083
the college, which, in making these determinations, shall give	79084
special consideration to single-parent heads-of-household and	79085
displaced homemakers who enroll in an educational degree program	79086
that prepares the individual for a career. In determining need,	79087
the college also shall consider the availability of educational	79088
assistance from a student's employer. It is the intent of the	79089
General Assembly that these grants not supplant such assistance.	79090

Section 88.09. CAPITAL COMPONENT

79091

The foregoing appropriation item 235-552, Capital Component,	79092
shall be used by the Board of Regents to implement the capital	79093
funding policy for state-assisted colleges and universities	79094
established in Am. H.B. No. 748 of the 121st General Assembly.	79095
Appropriations from this item shall be distributed to all campuses	79096
for which the estimated campus debt service attributable to new	79097
qualifying capital projects is less than the campus's	79098
formula-determined capital component allocation. Campus	79099
allocations shall be determined by subtracting the estimated	79100
campus debt service attributable to new qualifying capital	79101
projects from the campus's formula-determined capital component	79102
allocation. Moneys distributed from this appropriation item shall	79103
be restricted to capital-related purposes.	79104

Any campus for which the estimated campus debt service	79105
attributable to qualifying capital projects is greater than the	79106
campus's formula-determined capital component allocation shall	79107
have the difference subtracted from its State Share of Instruction	79108
allocation in each fiscal year. The sum of all such amounts shall	79109
be transferred from appropriation item 235-501, State Share of	79110
Instruction, to appropriation item 235-552, Capital Component.	79111

DAYTON AREA GRADUATE STUDIES INSTITUTE

79112

The foregoing appropriation item 235-553, Dayton Area	79113
Graduate Studies Institute, shall be used by the Board of Regents	79114
to support the Dayton Area Graduate Studies Institute, an	79115
engineering graduate consortium of three universities in the	79116
Dayton area: Wright State University, the University of Dayton,	79117
and the Air Force Institute of Technology, with the participation	79118
of the University of Cincinnati and The Ohio State University.	79119

COMPUTER SCIENCE GRADUATE EDUCATION

79120

The foregoing appropriation item 235-554, Computer Science	79121
Graduate Education, shall be used by the Board of Regents to	79122
support improvements in graduate programs in computer science at	79123
state-assisted universities. Up to $174,135 in fiscal year 2004,	79124
and up to $169,782 in fiscal year 2005, may be used to support	79125
collaborative efforts in graduate education in this program area.	79126
The collaborative program shall be coordinated by the Ohio	79127
Supercomputer Center.	79128

OHIO ACADEMIC RESOURCES NETWORK (OARNET)

79129

The foregoing appropriation item 235-556, Ohio Academic	79130
Resources Network, shall be used to support the operations of the	79131
Ohio Academic Resources Network, which shall include support for	79132
Ohio's state-assisted colleges and universities in maintaining and	79133
enhancing network connections. The network shall give priority to	79134
supporting the Third Frontier Network and allocating bandwidth to	79135
programs directly supporting Ohio's economic development.	79136

LONG-TERM CARE RESEARCH

79137

The foregoing appropriation item 235-558, Long-term Care	79138
Research, shall be disbursed to Miami University for long-term	79139
care research.	79140

BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER

79141

The foregoing appropriation item 235-561, Bowling Green State	79142
University Canadian Studies Center, shall be used by the Canadian	79143
Studies Center at Bowling Green State University to study	79144
opportunities for Ohio and Ohio businesses to benefit from the	79145
Free Trade Agreement between the United States and Canada.	79146

THE OHIO STATE UNIVERSITY CLINIC SUPPORT

79147

The foregoing appropriation item 235-572, The Ohio State	79148
University Clinic Support, shall be distributed through the Board	79149
of Regents to The Ohio State University for support of dental and	79150
veterinary medicine clinics.	79151

Section 88.10. URBAN UNIVERSITY PROGRAMS

79152

Of the foregoing appropriation item 235-583, Urban University	79153
Programs, universities receiving funds that are used to support an	79154
ongoing university unit shall certify periodically in a manner	79155
approved by the Board of Regents that program funds are being	79156
matched on a one-to-one basis with equivalent resources. Overhead	79157
support may not be used to meet this requirement. Where Urban	79158
University Program funds are being used to support an ongoing	79159
university unit, matching funds shall come from continuing rather	79160
than one-time sources. At each participating state-assisted	79161
institution of higher education, matching funds shall be within	79162
the substantial control of the individual designated by the	79163
institution's president as the Urban University Program	79164
representative.	79165

Of the foregoing appropriation item 235-583, Urban University	79166
Programs, $317,754 in fiscal year 2004 and $309,811 in fiscal year	79167
2005 shall be used to support a public communication outreach	79168
program (WCPN). The primary purpose of the program shall be to	79169
develop a relationship between Cleveland State University and	79170
nonprofit communications entities.	79171

Of the foregoing appropriation item 235-583, Urban University	79172
Programs, $150,515 in fiscal year 2004 and $146,753 in fiscal year	79173
2005 shall be used to support the Center for the Interdisciplinary	79174
Study of Education and the Urban Child at Cleveland State	79175
University. These funds shall be distributed according to rules	79176
adopted by the Board of Regents and shall be used by the center	79177
for interdisciplinary activities targeted toward increasing the	79178
chance of lifetime success of the urban child, including	79179
interventions beginning with the prenatal period. The primary	79180
purpose of the center is to study issues in urban education and to	79181
systematically map directions for new approaches and new solutions	79182
by bringing together a cadre of researchers, scholars, and	79183
professionals representing the social, behavioral, education, and	79184
health disciplines.	79185

Of the foregoing appropriation item 235-583, Urban University	79186
Programs, $217,411 in fiscal year 2004 and $211,976 in fiscal year	79187
2005 shall be used to support the Kent State University Learning	79188
and Technology Project. This project is a kindergarten through	79189
university collaboration between schools surrounding Kent's eight	79190
campuses in northeast Ohio, and corporate partners who will assist	79191
in development and delivery.	79192

The Kent State University Project shall provide a faculty	79193
member who has a full-time role in the development of	79194
collaborative activities and teacher instructional programming	79195
between Kent and the K-12th grade schools that surround its eight	79196
campuses; appropriate student support staff to facilitate these	79197
programs and joint activities; and hardware and software to	79198
schools that will make possible the delivery of instruction to	79199
pre-service and in-service teachers, and their students, in their	79200
own classrooms or school buildings. This shall involve the	79201
delivery of low-bandwidth streaming video and web-based	79202
technologies in a distributed instructional model.	79203

Of the foregoing appropriation item 235-583, Urban University	79204
Programs, $83,619 in fiscal year 2004 and $81,529 in fiscal year	79205
2005 year shall be used to support the Ameritech Classroom/Center	79206
for Research at Kent State University.	79207

Of the foregoing appropriation item 235-583, Urban University	79208
Programs, $836,198 in fiscal year 2004 and $815,293 in fiscal year	79209
2005 year shall be used to support the Polymer Distance Learning	79210
Project at the University of Akron.	79211

Of the foregoing appropriation item 235-583, Urban University	79212
Programs, $41,810 in fiscal year 2004 and $40,765 in fiscal year	79213
2005 shall be distributed to the Kent State University/Cleveland	79214
Design Center program.	79215

Of the foregoing appropriation item 235-583, Urban University	79216
Programs, $209,049 in fiscal year 2004 and $203,823 in fiscal year	79217
2005 shall be used to support the Bliss Institute of Applied	79218
Politics at the University of Akron.	79219

Of the foregoing appropriation item 235-583, Urban University	79220
Programs, $12,544 in fiscal year 2004 and $12,228 in fiscal year	79221
2005 shall be used for the Advancing-Up Program at the University	79222
of Akron.	79223

Of the foregoing appropriation item 235-583, Urban University	79224
Programs, $1,840,168 in fiscal year 2004 and $1,794,164 in fiscal	79225
year 2005 shall be distributed by the Board of Regents to	79226
Cleveland State University in support of the Maxine Goodman Levin	79227
College of Urban Affairs.	79228

Of the foregoing appropriation item 235-583, Urban University	79229
Programs, $1,840,168 in fiscal year 2004 and $1,794,164 in fiscal	79230
year 2005 shall be distributed to the Northeast Ohio Research	79231
Consortium, the Urban Linkages Program, and the Urban Research	79232
Technical Assistance Grant Program. The distribution among the	79233
three programs shall be determined by the chair of the Urban	79234
University Program.	79235

Of the foregoing appropriation item 235-583, Urban University	79236
Programs, $175,000 in each fiscal year shall be used to support	79237
the Strategic Economic Research Collaborative at the University of	79238
Toledo Urban Affairs Center.	79239

Of the foregoing appropriation item 235-583, Urban University	79240
Programs, $175,000 in each fiscal year shall be used to support	79241
the Institute for Collaborative Research and Public Humanities at	79242
The Ohio State University.	79243

RURAL UNIVERSITY PROJECTS

79244

Of the foregoing appropriation item 235-587, Rural University	79245
Projects, Bowling Green State University shall receive $300,160 in	79246
fiscal year 2004 and $300,160 in fiscal year 2005, Miami	79247
University shall receive $279,005 in fiscal year 2004 and $279,005	79248
in fiscal year 2005, and Ohio University shall receive $726,345 in	79249
fiscal year 2004 and $726,345 in fiscal year 2005. These funds	79250
shall be used to support the Institute for Local Government	79251
Administration and Rural Development at Ohio University, the	79252
Center for Public Management and Regional Affairs at Miami	79253
University, and the Center for Policy Analysis and Public Service	79254
at Bowling Green State University.	79255

A small portion of the funds provided to Ohio University	79256
shall also be used for the Institute for Local Government	79257
Administration and Rural Development State and Rural Policy	79258
Partnership with the Governor's Office of Appalachia and the	79259
Appalachian delegation of the General Assembly.	79260

Section 88.11. OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE,	79261
AND READING	79262

The foregoing appropriation item 235-588, Ohio Resource	79263
Center for Mathematics, Science, and Reading, shall be used to	79264
support a resource center for mathematics, science, and reading to	79265
be located at a state-assisted university for the purpose of	79266
identifying best educational practices in primary and secondary	79267
schools and establishing methods for communicating them to	79268
colleges of education and school districts.	79269

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

79270

The foregoing appropriation item 235-595, International	79271
Center for Water Resources Development, shall be used to support	79272
the International Center for Water Resources Development at	79273
Central State University. The center shall develop methods to	79274
improve the management of water resources for Ohio and for	79275
emerging nations.	79276

HAZARDOUS MATERIALS PROGRAM

79277

The foregoing appropriation item 235-596, Hazardous Materials	79278
Program, shall be disbursed to Cleveland State University for the	79279
operation of a program to certify firefighters for the handling of	79280
hazardous materials. Training shall be available to all Ohio	79281
firefighters.	79282

Of the foregoing appropriation item 235-596, Hazardous	79283
Materials Program, $130,601 in fiscal year 2004 and $127,337 in	79284
fiscal year 2005 shall be used to support the Center for the	79285
Interdisciplinary Study of Education and Leadership in Public	79286
Service at Cleveland State University. These funds shall be	79287
distributed by the Board of Regents and shall be used by the	79288
center targeted toward increasing the role of special populations	79289
in public service and not-for-profit organizations. The primary	79290
purpose of the center is to study issues in public service and to	79291
guide strategies for attracting new communities into public	79292
service occupations by bringing together a cadre of researchers,	79293
scholars and professionals representing the public administration,	79294
social behavioral, and education disciplines.	79295

NATIONAL GUARD SCHOLARSHIP PROGRAM

79296

The Board of Regents shall disburse funds from appropriation	79297
item 235-599, National Guard Scholarship Program, at the direction	79298
of the Adjutant General.	79299

* PLEDGE OF FEES

79300

Any new pledge of fees, or new agreement for adjustment of	79301
fees, made in the 2003-2005 biennium to secure bonds or notes of a	79302
state-assisted institution of higher education for a project for	79303
which bonds or notes were not outstanding on the effective date of	79304
this section shall be effective only after approval by the Board	79305
of Regents, unless approved in a previous biennium.	79306

HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE

79307

The foregoing appropriation item 235-909, Higher Education	79308
General Obligation Debt Service, shall be used to pay all debt	79309
service and related financing costs at the times they are required	79310
to be made pursuant to sections 151.01 and 151.04 of the Revised	79311
Code during the period from July 1, 2003, to June 30, 2005. The	79312
Office of the Sinking Fund or the Director of Budget and	79313
Management shall effectuate the required payments by an intrastate	79314
transfer voucher.	79315

Section 88.12. OHIO HIGHER EDUCATIONAL FACILITY COMMISSION	79316
SUPPORT	79317

The foregoing appropriation item 235-602, Higher Educational	79318
Facility Commission Administration, shall be used by the Board of	79319
Regents for operating expenses related to the Board of Regents'	79320
support of the activities of the Ohio Higher Educational Facility	79321
Commission. Upon the request of the chancellor, the Director of	79322
Budget and Management shall transfer up to $20,000 cash from Fund	79323
461 to Fund 4E8 in each fiscal year of the biennium.	79324

PHYSICIAN LOAN REPAYMENT

79325

The foregoing appropriation item 235-604, Physician Loan	79326
Repayment, shall be used in accordance with sections 3702.71 to	79327
3702.81 of the Revised Code.	79328

NURSING LOAN PROGRAM

79329

The foregoing appropriation item 235-606, Nursing Loan	79330
Program, shall be used to administer the nurse education	79331
assistance program. Up to $159,600 in fiscal year 2004 and	79332
$167,580 in fiscal year 2005 may be used for operating expenses	79333
associated with the program. Any additional funds needed for the	79334
administration of the program are subject to Controlling Board	79335
approval.	79336

Section 88.13. SCIENCE AND TECHNOLOGY COLLABORATION

79337

The Board of Regents shall work in close collaboration with	79338
the Department of Development and the Third Frontier Commission in	79339
relation to appropriation items and programs listed in the	79340
following paragraph, and other technology-related appropriations	79341
and programs in the Department of Development and the Board of	79342
Regents as these agencies may designate, to ensure implementation	79343
of a coherent state strategy with respect to science and	79344
technology.	79345

Each of the following appropriations and programs: 195-401,	79346
Thomas Edison Program; 195-408, Coal Research Development;	79347
195-422, Third Frontier Action Fund; 195-632, Coal Research and	79348
Development Fund; 235-454, Research Challenge; 235-508, Air Force	79349
Institute of Technology; 235-510, Ohio Supercomputer Center;	79350
235-527, Ohio Aerospace Institute; 235-535, Ohio Agricultural	79351
Research and Development Center; 235-553, Dayton Area Graduate	79352
Studies Institute; 235-554, Computer Science Graduate Education;	79353
235-556, Ohio Academic Resources Network; and 195-405, Biomedical	79354
Research and Technology Transfer Trust, shall be reviewed annually	79355
by the Third Frontier Commission with respect to its development	79356
of complementary relationships within a combined state science and	79357
technology investment portfolio and its overall contribution to	79358
the state's science and technology strategy, including the	79359
adoption of appropriately consistent criteria for: (1) the	79360
scientific merit of activities supported by the program; (2) the	79361
relevance of the program's activities to commercial opportunities	79362
in the private sector; (3) the private sector's involvement in a	79363
process that continually evaluates commercial opportunities to use	79364
the work supported by the program; and (4) the ability of the	79365
program and recipients of grant funding from the program to engage	79366
in activities that are collaborative, complementary, and efficient	79367
with respect to the expenditure of state funds. All programs	79368
listed above shall provide annual reports to the Third Frontier	79369
Commission discussing existing, planned, or possible	79370
collaborations between programs and recipients of grant funding	79371
related to technology, development, commercialization, and	79372
supporting Ohio's economic development. The annual review by the	79373
Third Frontier Commission shall be a comprehensive review of the	79374
entire state science and technology program portfolio rather than	79375
a review of individual programs.	79376

REPAYMENT OF RESEARCH FACILITY INVESTMENT FUND MONEYS

79377

Notwithstanding any provision of law to the contrary, all	79378
repayments of Research Facility Investment Fund loans shall be	79379
made to the Bond Service Trust Fund. All Research Facility	79380
Investment Fund loan repayments made prior to the effective date	79381
of this section shall be transferred by the Director of Budget and	79382
Management to the Bond Service Trust Fund within sixty days of the	79383
effective date of this section.	79384

Campuses shall make timely repayments of Research Facility	79385
Investment Fund loans, according to the schedule established by	79386
the Board of Regents. In the case of late payments, the Board of	79387
Regents may deduct from an institution's periodic subsidy	79388
distribution an amount equal to the amount of the overdue payment	79389
for that institution, transfer such amount to the Bond Service	79390
Trust Fund, and credit the appropriate institution for the	79391
repayment.	79392

VETERANS' PREFERENCES

79393

The Board of Regents shall work with the Governor's Office of	79394
Veterans' Affairs to develop specific veterans' preference	79395
guidelines for higher education institutions. These guidelines	79396
shall ensure that the institutions' hiring practices are in	79397
accordance with the intent of Ohio's veterans' preference laws.	79398

Section 88.15. STUDY OF CO-LOCATED INSTITUTIONS

79399

The Board of Regents shall review the operation and	79400
effectiveness of co-located university branch campuses and	79401
technical colleges, with particular attention to improved	79402
responsiveness to community needs and improved transfer of	79403
coursework. The Board of Regents shall report its findings and	79404
recommendations to the General Assembly not later than May 15,	79405
2004.	79406

Section 89. DRC DEPARTMENT OF REHABILITATION AND CORRECTION

79407

General Revenue Fund							79408
GRF	501-321	Institutional Operations	$	849,631,155	$	861,557,899	79409
GRF	501-403	Prisoner Compensation	$	8,455,052	$	8,705,052	79410
GRF	501-405	Halfway House	$	36,640,139	$	35,579,419	79411
GRF	501-406	Lease Rental Payments	$	141,997,000	$	146,307,900	79412
GRF	501-407	Community Nonresidential Programs	$	15,161,353	$	15,352,814	79413
GRF	501-408	Community Misdemeanor Programs	$	7,942,211	$	8,041,489	79414
GRF	501-501	Community Residential Programs - CBCF	$	52,720,123	$	52,872,875	79415
GRF	502-321	Mental Health Services	$	67,052,290	$	68,265,662	79416
GRF	503-321	Parole and Community Operations	$	77,445,938	$	78,845,845	79417
GRF	504-321	Administrative Operations	$	26,533,707	$	27,420,848	79418
GRF	505-321	Institution Medical Services	$	118,406,940	$	120,014,320	79419
GRF	506-321	Institution Education Services	$	24,335,287	$	24,747,574	79420
GRF	507-321	Institution Recovery Services	$	7,018,500	$	7,124,516	79421
TOTAL GRF General Revenue Fund			$	1,433,339,695	$	1,454,836,213	79422

General Services Fund Group

79423

4B0	501-601	Penitentiary Sewer Treatment Facility Services	$	1,693,129	$	1,758,177	79424
4D4	501-603	Prisoner Programs	$	20,537,291	$	20,967,703	79425
4L4	501-604	Transitional Control	$	1,348,740	$	1,593,794	79426
4S5	501-608	Education Services	$	4,452,754	$	4,564,072	79427
483	501-605	Property Receipts	$	383,894	$	393,491	79428
5H8	501-617	Offender Financial Responsibility	$	1,335,000	$	1,374,020	79429
5L6	501-611	Information Technology Services	$	3,650,712	$	3,741,980	79430
571	501-606	Training Academy Receipts	$	73,356	$	75,190	79431
593	501-618	Laboratory Services	$	4,707,730	$	4,825,423	79432
TOTAL GSF General Services Fund Group			$	38,182,606	$	39,293,850	79433

Federal Special Revenue Fund Group

79434

3S1	501-615	Truth-In-Sentencing Grants	$	24,604,435	$	25,517,173	79435
323	501-619	Federal Grants	$	10,759,329	$	11,300,335	79436
TOTAL FED Federal Special Revenue							79437
Fund Group			$	35,363,764	$	36,817,508	79438

Intragovernmental Service Fund Group

79439

148	501-602	Services and Agricultural	$	95,207,653	$	95,207,653	79440
200	501-607	Ohio Penal Industries	$	29,748,175	$	31,491,879	79441
TOTAL ISF Intragovernmental							79442
Service Fund Group			$	124,955,828	$	126,699,532	79443
TOTAL ALL BUDGET FUND GROUPS			$	1,631,841,893	$	1,657,647,103	79444

COMMUNITY CORRECTIONS TRANSFERS

79445

With the approval of the Controlling Board, the Department of	79446
Rehabilitation and Correction shall transfer in FY 2005 from the	79447
unexpended, unobligated GRF appropriations made to the Department	79448
for fiscal years 2004 and 2005 at least $3,500,000 in	79449
appropriation authority to appropriation item 501-405, Halfway	79450
House, and at least $1,000,000 in appropriation authority to	79451
appropriation item 501-501, Community Residential Programs - CBCF.	79452

ZERO-BASED BUDGETING

79453

The Director of Budget and Management shall prepare a full	79454
zero-based budget for the biennium ending June 30, 2007, for the	79455
Department of Rehabilitation and Correction. The Director shall	79456
offer the Department substantial technical assistance throughout	79457
the process of preparing its zero-based budget. The Department	79458
shall prepare a full zero-based budget in such manner and	79459
according to such schedule as the Director of Budget and	79460
Management requires. The zero-based budget shall, as the Director	79461
of Budget and Management determines, be in addition to or in place	79462
of the estimates of revenue and proposed expenditures that the	79463
Department otherwise would be required to prepare under section	79464
126.02 of the Revised Code.	79465

OHIO BUILDING AUTHORITY LEASE PAYMENTS

79466

The foregoing appropriation item 501-406, Lease Rental	79467
Payments, shall be used for payments to the Ohio Building	79468
Authority for the period July 1, 2003, to June 30, 2005, pursuant	79469
to the primary leases and agreements for those buildings made	79470
under Chapter 152. of the Revised Code but limited to the	79471
aggregate amount of $288,304,900. This appropriation amount is the	79472
source of funds pledged for bond service charges on related	79473
obligations issued pursuant to Chapter 152. of the Revised Code.	79474

PRISONER COMPENSATION

79475

Money from the foregoing appropriation item 501-403, Prisoner	79476
Compensation, shall be transferred on a quarterly basis by	79477
intrastate transfer voucher to the Services and Agricultural Fund	79478
(Fund 148) for the purposes of paying prisoner compensation.	79479

CASH TRANSFER TO THE OFFENDER FINANCIAL RESPONSIBILITY FUND

79480

On July 1, 2003, or as soon thereafter as possible, the	79481
Director of Budget and Management shall transfer the cash balance	79482
in the Adult Parole Authority Probation Services Fund (Fund 5A3)	79483
to the Offender Financial Responsibility Fund (Fund 5H8).	79484

Section 90. RSC REHABILITATION SERVICES COMMISSION

79485

General Revenue Fund

79486

GRF	415-100	Personal Services	$	8,677,911	$	8,851,468	79487
GRF	415-402	Independent Living Council	$	12,040	$	12,280	79488
GRF	415-403	Mental Health Services	$	717,221	$	717,221	79489
GRF	415-404	MR/DD Services	$	1,260,816	$	1,260,816	79490
GRF	415-405	Vocational Rehabilitation/Job and Family Services	$	536,912	$	536,912	79491
GRF	415-406	Assistive Technology	$	47,531	$	47,531	79492
GRF	415-431	Office for People with Brain Injury	$	222,364	$	226,012	79493
GRF	415-506	Services for People with Disabilities	$	11,830,306	$	12,185,215	79494
GRF	415-508	Services for the Deaf	$	50,000	$	50,000	79495
GRF	415-509	Services for the Elderly	$	359,377	$	359,377	79496
GRF	415-520	Independent Living Services	$	50,000	$	50,000	79497
TOTAL GRF General Revenue Fund			$	23,764,478	$	24,296,832	79498

General Services Fund Group

79499

4W5	415-606	Administrative Expenses	$	18,016,543	$	18,557,040	79500
467	415-609	Business Enterprise Operating Expenses	$	1,584,545	$	1,632,082	79501
TOTAL GSF General Services							79502
Fund Group			$	19,601,088	$	20,189,122	79503

Federal Special Revenue Fund Group

79504

3L1	415-601	Social Security Personal Care Assistance	$	3,984,486	$	3,988,032	79505
3L1	415-605	Social Security Community Centers for the Deaf	$	1,100,488	$	1,100,488	79506
3L1	415-607	Social Security Administration Cost	$	174,119	$	175,860	79507
3L1	415-608	Social Security Special Programs/Assistance	$	6,941,158	$	6,941,158	79508
3L1	415-610	Social Security Vocational Rehabilitation	$	1,338,324	$	1,338,324	79509
3L1	415-614	Social Security Independent Living	$	385,917	$	385,917	79510
3L4	415-612	Federal-Independent Living Centers or Services	$	663,687	$	663,687	79511
3L4	415-615	Federal - Supported Employment	$	1,714,546	$	1,714,546	79512
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,582,484	$	1,582,484	79513
317	415-620	Disability Determination	$	73,120,329	$	76,776,343	79514
379	415-616	Federal-Vocational Rehabilitation	$	117,955,833	$	125,520,457	79515
TOTAL FED Federal Special							79516
Revenue Fund Group			$	208,961,371	$	220,187,296	79517

State Special Revenue Fund Group

79518

4L1	415-619	Services for Rehabilitation	$	3,623,845	$	3,176,070	79519
468	415-618	Third Party Funding	$	1,692,991	$	2,392,991	79520
TOTAL SSR State Special							79521
Revenue Fund Group			$	5,316,836	$	5,569,061	79522
TOTAL ALL BUDGET FUND GROUPS			$	257,643,773	$	270,242,311	79523

MR/DD SERVICES

79524

The foregoing appropriation item 415-404, MR/DD Services,	79525
shall be used as state matching funds to provide vocational	79526
rehabilitation services to mutually eligible clients between the	79527
Rehabilitation Services Commission and the Department of Mental	79528
Retardation and Developmental Disabilities. The Rehabilitation	79529
Services Commission shall report to the Department of Mental	79530
Retardation and Developmental Disabilities, as outlined in an	79531
interagency agreement, on the number and status of mutually	79532
eligible clients and the status of the funds and expenditures for	79533
these clients.	79534

VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES

79535

The foregoing appropriation item 415-405, Vocational	79536
Rehabilitation/Job and Family Services, shall be used as state	79537
matching funds to provide vocational rehabilitation services to	79538
mutually eligible clients between the Rehabilitation Services	79539
Commission and the Department of Job and Family Services. The	79540
Rehabilitation Services Commission shall report to the Department	79541
of Job and Family Services, as outlined in an interagency	79542
agreement, on the number and status of mutually eligible clients	79543
and the status of the funds and expenditures for these clients.	79544

ASSISTIVE TECHNOLOGY

79545

The foregoing appropriation item 415-406, Assistive	79546
Technology, shall be provided to Assistive Technology of Ohio and	79547
shall be used only to provide grants under that program. No amount	79548
of the appropriation may be used for administrative costs.	79549

OFFICE FOR PEOPLE WITH BRAIN INJURY

79550

Of the foregoing appropriation item 415-431, Office for	79551
People with Brain Injury, $50,000 in each fiscal year shall be	79552
used for the state match for a federal grant awarded through the	79553
Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to $50,000	79554
in fiscal year 2004 and up to $50,000 in fiscal year 2005 shall be	79555
provided to the Brain Injury Trust Fund. The remaining	79556
appropriation in this item shall be used to plan and coordinate	79557
head-injury-related services provided by state agencies and other	79558
government or private entities, to assess the needs for such	79559
services, and to set priorities in this area.	79560

SERVICES FOR THE ELDERLY

79561

The foregoing appropriation item 415-509, Services for the	79562
Elderly, shall be used as matching funds for vocational	79563
rehabilitation services for eligible elderly citizens with a	79564
disability.	79565

SOCIAL SECURITY REIMBURSEMENT FUNDS

79566

Reimbursement funds received from the Social Security	79567
Administration, United States Department of Health and Human	79568
Services, for the costs of providing services and training to	79569
return disability recipients to gainful employment, shall be used	79570
in the Social Security Reimbursement Fund (Fund 3L1), as follows:	79571

(A) Appropriation item 415-601, Social Security Personal Care	79572
Assistance, to provide personal care services in accordance with	79573
section 3304.41 of the Revised Code;	79574

(B) Appropriation item 415-605, Social Security Community	79575
Centers for the Deaf, to provide grants to community centers for	79576
the deaf in Ohio for services to individuals with hearing	79577
impairments;	79578

(C) Appropriation item 415-607, Social Security	79579
Administration Cost, to provide administrative services needed to	79580
administer the Social Security reimbursement program;	79581

(D) Appropriation item 415-608, Social Security Special	79582
Programs/Assistance, to provide vocational rehabilitation services	79583
to individuals with severe disabilities, who are Social Security	79584
beneficiaries, to achieve competitive employment. This item also	79585
includes funds to assist the Personal Care Assistance, Community	79586
Centers for the Deaf, and Independent Living Programs to pay their	79587
share of indirect costs as mandated by federal OMB Circular A-87.	79588

(E) Appropriation item 415-610, Social Security Vocational	79589
Rehabilitation, to provide vocational rehabilitation services to	79590
older blind individuals with severe disabilities to achieve a	79591
noncompetitive employment goal.	79592

ADMINISTRATIVE EXPENSES

79593

The foregoing appropriation item 415-606, Administrative	79594
Expenses, shall be used to support the administrative functions of	79595
the commission related to the provision of vocational	79596
rehabilitation, disability determination services, and ancillary	79597
programs.	79598

INDEPENDENT LIVING COUNCIL

79599

The foregoing appropriation item 415-402, Independent Living	79600
Council, shall be used to fund the operations of the State	79601
Independent Living Council.	79602

MENTAL HEALTH SERVICES

79603

The foregoing appropriation item 415-403, Mental Health	79604
Services, shall be used for the provision of vocational	79605
rehabilitation services to mutually eligible consumers of the	79606
Rehabilitation Services Commission and the Department of Mental	79607
Health.	79608

The Department of Mental Health shall receive a quarterly	79609
report from the Rehabilitation Services Commission stating the	79610
numbers served, numbers placed in employment, average hourly wage,	79611
and average hours worked.	79612

INDEPENDENT LIVING SERVICES

79613

The foregoing appropriation items 415-520, Independent Living	79614
Services, and 415-612, Federal-Independent Living Centers or	79615
Services, shall be used to support state independent living	79616
centers or independent living services pursuant to Title VII of	79617
the Independent Living Services and Centers for Independent Living	79618
of the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	79619
U.S.C. 796d.	79620

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

79621

The foregoing appropriation item 415-617, Independent	79622
Living/Vocational Rehabilitation Programs, shall be used to	79623
support vocational rehabilitation programs, including, but not	79624
limited to, Projects with Industry, Training Grants, and Brain	79625
Injury Grants.	79626

PILOT PROGRAM FOR VOCATIONAL REHABILITATION

79627

During fiscal years 2004 and 2005, the Rehabilitation	79628
Services Commission may conduct a pilot program to provide	79629
vocational rehabilitation and related services to entities,	79630
employers, or individuals that are not eligible for state or	79631
federally supported services through the commission. The	79632
commission shall propose fees to be collected from the entities,	79633
employers, or individuals served by the pilot program for the	79634
approval of the Controlling Board to support the costs for	79635
vocational rehabilitation and related services provided under the	79636
pilot program. Fee revenues collected under the program shall be	79637
credited to Fund 468 (Third Party Funding). Prior to the	79638
commencement of services through the pilot program, the	79639
Rehabilitation Services Commission shall develop a program plan to	79640
be submitted to the Controlling Board. Any plan revisions or	79641
updates shall be reported to the Controlling Board. During the	79642
implementation of the pilot program, the Rehabilitation Services	79643
Commission shall investigate and determine the possibility of	79644
utilizing this source of revenue to match federal funds. The	79645
Rehabilitation Services Commission shall evaluate the progress of	79646
the pilot program and issue a report of its findings to the	79647
Governor by December 15, 2005. The report shall include a	79648
recommendation to either continue or discontinue the pilot program	79649
in the next biennium.	79650

Section 91. RCB RESPIRATORY CARE BOARD

79651

General Services Fund Group

79652

4K9	872-609	Operating Expenses	$	318,499	$	315,481	79653
TOTAL GSF General Services							79654
Fund Group			$	318,499	$	315,481	79655
TOTAL ALL BUDGET FUND GROUPS			$	318,499	$	315,481	79656

Section 92. REVENUE DISTRIBUTION FUNDS

79658

Volunteer Firefighters' Dependents Fund

79659

085	800-900	Volunteer Firefighters' Dependents Fund	$	200,000	$	200,000	79660
TOTAL 085 Volunteer Firefighters'							79661
Dependents Fund			$	200,000	$	200,000	79662
Agency Fund Group							79663
062	110-900	Resort Area Excise Tax	$	500,000	$	500,000	79664
063	110-900	Permissive Tax Distribution	$	1,397,512,400	$	1,439,437,700	79665
067	110-900	School District Income Tax Fund	$	154,836,700	$	161,030,200	79666
4P8	001-698	Cash Management Improvement Fund	$	2,500,000	$	2,500,000	79667
608	001-699	Investment Earnings	$	174,300,000	$	181,300,000	79668
TOTAL AGY Agency Fund Group			$	1,729,649,100	$	1,784,767,900	79669

Holding Account Redistribution

79670

R45	110-617	International Fuel Tax Distribution	$	36,400,000	$	37,200,000	79671
TOTAL R45 Holding Account Redistribution Fund			$	36,400,000	$	37,200,000	79672
Revenue Distribution Fund Group							79673
049	038-900	Indigent Drivers Alcohol Treatment	$	1,850,000	$	1,850,000	79674
050	762-900	International Registration Plan Distribution	$	60,000,000	$	60,000,000	79675
051	762-901	Auto Registration Distribution	$	475,000,000	$	486,875,000	79676
054	110-900	Local Government Property Tax Replacement	$	75,000,000	$	75,000,000	79677
060	110-900	Gasoline Excise Tax Fund	$	113,344,700	$	115,611,600	79678
064	110-900	Local Government Revenue Assistance	$	98,500,000	$	98,500,000	79679
065	110-900	Library/Local Government Support Fund	$	475,000,000	$	475,000,000	79680
066	800-900	Undivided Liquor Permit Fund	$	13,500,000	$	13,500,000	79681
068	110-900	State/Local Government Highway Distribution Fund	$	227,607,000	$	232,159,100	79682
069	110-900	Local Government Fund	$	705,000,000	$	705,000,000	79683
082	110-900	Horse Racing Tax	$	130,000	$	130,000	79684
083	700-900	Ohio Fairs Fund	$	3,150,000	$	3,150,000	79685
TOTAL RDF Revenue Distribution							79686
Fund Group			$	2,248,081,700	$	2,266,775,700	79687
TOTAL ALL BUDGET FUND GROUPS			$	4,014,330,800	$	4,088,943,600	79688

ADDITIONAL APPROPRIATIONS

79689

Appropriation items in this section are to be used for the	79690
purpose of administering and distributing the designated revenue	79691
distributions fund according to the Revised Code. If it is	79692
determined that additional appropriations are necessary, such	79693
amounts are appropriated.	79694

Section 93. SAN BOARD OF SANITARIAN REGISTRATION

79695

General Services Fund Group

79696

4K9	893-609	Operating Expenses	$	124,892	$	125,612	79697
TOTAL GSF General Services							79698
Fund Group			$	124,892	$	125,612	79699
TOTAL ALL BUDGET FUND GROUPS			$	124,892	$	125,612	79700

Section 94. OSB OHIO STATE SCHOOL FOR THE BLIND

79702

General Revenue Fund

79703

GRF	226-100	Personal Services	$	6,287,483	$	6,456,616	79704
GRF	226-200	Maintenance	$	685,256	$	685,256	79705
GRF	226-300	Equipment	$	121,355	$	121,355	79706
TOTAL GRF General Revenue Fund			$	7,094,094	$	7,263,227	79707

General Services Fund Group

79708

4H8	226-602	Education Reform Grants	$	61,476	$	61,476	79709
TOTAL GSF General Services							79710
Fund Group			$	61,476	$	61,476	79711

State Special Revenue Fund Group

79712

4M5	226-601	Work Study & Technology Investments	$	42,919	$	42,919	79713
TOTAL SSR State Special Revenue							79714
Fund Group			$	42,919	$	42,919	79715

Federal Special Revenue Fund Group

79716

3P5	226-643	Medicaid Professional Services Reimbursement	$	143,600	$	143,600	79717
310	226-626	Coordinating Unit	$	1,390,000	$	1,384,000	79718
TOTAL FED Federal Special							79719
Revenue Fund Group			$	1,533,600	$	1,527,600	79720
TOTAL ALL BUDGET FUND GROUPS			$	8,732,089	$	8,895,222	79721

Section 95. OSD OHIO STATE SCHOOL FOR THE DEAF

79723

General Revenue Fund

79724

GRF	221-100	Personal Services	$	8,071,660	$	8,391,704	79725
GRF	221-200	Maintenance	$	1,012,561	$	1,032,813	79726
GRF	221-300	Equipment	$	269,377	$	269,377	79727
TOTAL GRF General Revenue Fund			$	9,353,598	$	9,693,894	79728

General Services Fund Group

79729

4M1	221-602	Education Reform Grants	$	70,701	$	70,701	79730
TOTAL GSF General Services							79731
Fund Group			$	70,701	$	70,701	79732

State Special Revenue Fund Group

79733

4M0	221-601	Educational Program	$	33,188	$	33,188	79734
		Expenses					79735
5H6	221-609	Even Start Fees & Gifts	$	98,500	$	98,500	79736
TOTAL SSR State Special Revenue							79737
Fund Group			$	131,688	$	131,688	79738

Federal Special Revenue Fund Group

79739

3R0	221-684	Medicaid Professional	$	111,377	$	111,377	79740
		Services Reimbursement					79741
311	221-625	Coordinating Unit	$	949,899	$	974,649	79742
3Y1	221-686	Early Childhood Grant	$	248,235	$	262,275	79743
TOTAL FED Federal Special							79744
Revenue Fund Group			$	1,309,511	$	1,348,301	79745
TOTAL ALL BUDGET FUND GROUPS			$	10,865,498	$	11,244,584	79746

Section 96. SFC SCHOOL FACILITIES COMMISSION

79748

General Revenue Fund

79749

GRF	230-428	Lease Rental Payments	$	31,776,500	$	31,704,700	79750
GRF	230-908	Common Schools General Obligation Debt Service	$	106,322,300	$	145,989,300	79751
TOTAL GRF General Revenue Fund			$	138,098,800	$	177,694,000	79752

Federal Special Revenue Fund Group

79753

3X9	230-601		Federal School Facilities Grant		$	28,214,058		$	28,214,058		79754
TOTAL FED Federal Special Revenue Fund Group					$	28,214,058		$	28,214,058		79755

State Special Revenue Fund Group

79756

5E3	230-644	Operating Expenses	$	7,009,766	$	7,009,766	79757
TOTAL SSR State Special Revenue							79758
Fund Group			$	7,009,766	$	7,009,766	79759
TOTAL ALL BUDGET FUND GROUPS			$	173,322,624	$	212,917,824	79760

Section 96.01. LEASE RENTAL PAYMENTS

79762

The foregoing appropriation item 230-428, Lease Rental	79763
Payments, shall be used to meet all payments at the times they are	79764
required to be made during the period from July 1, 2003, to June	79765
30, 2005, by the School Facilities Commission pursuant to leases	79766
and agreements made under section 3318.26 of the Revised Code, but	79767
limited to the aggregate amount of $63,481,200. Nothing in this	79768
act shall be deemed to contravene the obligation of the state to	79769
pay, without necessity for further appropriation, from the sources	79770
pledged thereto, the bond service charges on obligations issued	79771
pursuant to Chapter 3318. of the Revised Code.	79772

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

79773

The foregoing appropriation item 230-908, Common Schools	79774
General Obligation Debt Service, shall be used to pay all debt	79775
service and related financing costs at the times they are required	79776
to be made pursuant to sections 151.01 and 151.03 of the Revised	79777
Code during the period from July 1, 2003, to June 30, 2005. The	79778
Office of the Sinking Fund or the Director of Budget and	79779
Management shall effectuate the required payments by an intrastate	79780
transfer voucher.	79781

OPERATING EXPENSES

79782

The foregoing appropriation item 230-644, Operating Expenses,	79783
shall be used by the Ohio School Facilities Commission to carry	79784
out its responsibilities pursuant to this section and Chapter	79785
3318. of the Revised Code.	79786

Within ten days after the effective date of this section, or	79787
as soon as possible thereafter, the Executive Director of the Ohio	79788
School Facilities Commission shall certify to the Director of	79789
Budget and Management the amount of cash from interest earnings to	79790
be transferred from the School Building Assistance Fund (Fund 032)	79791
or the Public School Building Fund (Fund 021) to the Ohio School	79792
Facilities Commission Fund (Fund 5E3).	79793

By July 10, 2004, the Executive Director of the Ohio School	79794
Facilities Commission shall certify to the Director of Budget and	79795
Management the amount of cash from interest earnings to be	79796
transferred from the School Building Assistance Fund (Fund 032) or	79797
the Public School Building Fund (Fund 021) to the Ohio School	79798
Facilities Commission Fund (Fund 5E3). The amount transferred may	79799
not exceed investment earnings credited to the School Building	79800
Assistance Fund (Fund 032) less any amount required to be paid for	79801
federal arbitrage rebate purposes.	79802

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

79803

At the request of the Executive Director of the Ohio School	79804
Facilities Commission, the Director of Budget and Management may	79805
cancel encumbrances for school district projects from a previous	79806
biennium if the district has not raised its local share of project	79807
costs within one year of receiving Controlling Board approval in	79808
accordance with section 3318.05 of the Revised Code. The Executive	79809
Director of the Ohio School Facilities Commission shall certify	79810
the amounts of these canceled encumbrances to the Director of	79811
Budget and Management on a quarterly basis. The amounts of the	79812
canceled encumbrances are appropriated.	79813

Section 96.02. COMMUNITY SCHOOL CLASSROOM FACILITIES LOAN	79814
GUARANTEE	79815

The unencumbered and unallotted balances as of June 30, 2003,	79816
in appropriation item 230-602, Community School Loan Guarantee,	79817
are hereby reappropriated in fiscal year 2004 to support loan	79818
guarantees to community schools under section 3318.50 of the	79819
Revised Code. The unencumbered an unallotted balances of the	79820
appropriation at the end of fiscal year 2004 are hereby	79821
reappropriated in fiscal year 2005 to support loan guarantees to	79822
community schools under section 3318.50 of the Revised Code.	79823

Section 96.02a. EXTREME ENVIRONMENTAL CONTAMINATION OF	79824
SCHOOL FACILITIES	79825

Notwithstanding any other provision of law to the contrary,	79826
the School Facilities Commission may provide assistance under the	79827
Exceptional Needs School Facilities Program established in section	79828
3318.37 of the Revised Code to any school district, and not	79829
exclusively to a school district in the lowest fifty per cent of	79830
adjusted valuation per pupil on the current ranking of school	79831
districts established pursuant to section 3317.02 of the Revised	79832
Code, for the purpose of the relocation or replacement of school	79833
facilities required as a result of extreme environmental	79834
contamination.	79835

The School Facilities Commission shall contract with an	79836
independent environmental consultant to conduct a study and to	79837
report to the commission as to the seriousness of the	79838
environmental contamination, whether the contamination violates	79839
applicable state and federal standards, and whether the facilities	79840
are no longer suitable for use as school facilities. The	79841
commission then shall make a determination regarding funding for	79842
the relocation or replacement of the school facilities. If the	79843
federal government or other public or private entity provides	79844
funds for restitution of costs incurred by the state or school	79845
district in the relocation or replacement of the school	79846
facilities, the school district shall use such funds in excess of	79847
the school district's share to refund the state for the state's	79848
contribution to the environmental contamination portion of the	79849
project. The school district may apply an amount of such	79850
restitution funds up to an amount equal to the school district's	79851
portion of the project, as defined by the commission, toward	79852
paying its portion of that project to reduce the amount of bonds	79853
the school district otherwise must issue to receive state	79854
assistance under sections 3318.01 to 3318.20 of the Revised Code.	79855

Section 96.03. (A) The Ohio School Facilities Commission may	79856
commit up to thirty-five million dollars to the Canton City School	79857
District for construction of a facility described in this section,	79858
in lieu of a high school that would otherwise be authorized under	79859
Chapter 3318. of the Revised Code. The commission shall not commit	79860
funds under this section unless all of the following conditions	79861
are met:	79862

(1) The district has entered into a cooperative agreement	79863
with a state-assisted technical college.	79864

(2) The district has received an irrevocable commitment of	79865
additional funding from nonpublic sources.	79866

(3) The facility is intended to serve both secondary and	79867
postsecondary instructional purposes.	79868

(B) The commission shall enter into an agreement with the	79869
district for the construction of the facility authorized under	79870
this section that is separate from and in addition to the	79871
agreement required for the district's participation in the	79872
Classroom Facilities Assistance Program under section 3318.08 of	79873
the Revised Code. Notwithstanding that section and sections	79874
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	79875
agreement shall provide, but not be limited to, the following:	79876

(1) The commission shall not have any oversight	79877
responsibilities over the construction of the facility.	79878

(2) The facility need not comply with the specifications for	79879
plans and materials for high schools adopted by the commission.	79880

(3) The commission may decrease the basic project cost that	79881
would otherwise be calculated for a high school under Chapter	79882
3318. of the Revised Code.	79883

(4) The state shall not share in any increases in the basic	79884
project cost for the facility above the amount authorized under	79885
this section.	79886

All other provisions of Chapter 3318. of the Revised Code	79887
apply to the approval and construction of a facility authorized	79888
under this section.	79889

The state funds committed to the facility authorized by this	79890
section shall be part of the total amount the state commits to the	79891
Canton City School District under Chapter 3318. of the Revised	79892
Code. All additional state funds committed to the Canton City	79893
School District for classroom facilities assistance shall be	79894
subject to all provisions of Chapter 3318. of the Revised Code.	79895

Section 97. NET OHIO SCHOOLNET COMMISSION

79896

General Revenue Fund

79897

GRF	228-404	Operating Expenses	$	5,961,208	$	5,961,208	79898
GRF	228-406	Technical and Instructional Professional Development	$	7,691,831	$	7,691,831	79899
GRF	228-539	Education Technology	$	6,989,315	$	6,989,315	79900
Total GRF General Revenue Fund			$	20,642,354	$	20,642,354	79901

General Services Fund Group

79902

5D4	228-640	Conference/Special Purpose Expenses	$	1,350,000	$	1,350,000	79903
TOTAL GSF General Services							79904
Fund Group			$	1,350,000	$	1,350,000	79905

State Special Revenue Fund Group

79906

4W9	228-630	Ohio SchoolNet Telecommunity Fund	$	400,000	$	400,000	79907
4X1	228-634	Distance Learning	$	1,750,000	$	1,750,000	79908
5T3	228-605	Gates Foundation Grants	$	1,194,908	$	1,194,908	79909
TOTAL SSR State Special Revenue							79910
Fund Group			$	3,344,908	$	3,344,908	79911

Federal Special Revenue Fund Group

79912

3X8	228-604	Individuals With Disabilities Education Act	$	1,500,000	$	1,500,000	79913
TOTAL FED Federal Special Revenue							79914
Fund Group			$	1,500,000	$	1,500,000	79915
TOTAL ALL BUDGET FUND GROUPS			$	26,837,262	$	26,837,262	79916

Section 97.01. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL	79918
DEVELOPMENT	79919

The foregoing appropriation item 228-406, Technical and	79920
Instructional Professional Development, shall be used by the Ohio	79921
SchoolNet Commission to make grants or provide services to	79922
qualifying schools, including the State School for the Blind and	79923
the Ohio School for the Deaf, for the provision of hardware,	79924
software, telecommunications services, and staff development to	79925
support educational uses of technology in the classroom.	79926

The Ohio SchoolNet Commission shall consider the professional	79927
development needs associated with the OhioReads Program when	79928
making funding allocations and program decisions.	79929

Of the foregoing appropriation $1,260,000 in each fiscal year	79930
shall be used by the Ohio Educational Telecommunications Network	79931
Commission, with the advice of the Ohio SchoolNet Commission, to	79932
make grants for research, development and production of	79933
interactive instructional programming series and teleconferences	79934
to support the SchoolNet Commission. Up to $55,000 of this amount	79935
shall be used in each fiscal year to provide for the	79936
administration of these activities by the Ohio Educational	79937
Telecommunications Network Commission. The programming shall be	79938
targeted to the needs of the poorest two hundred school districts	79939
as determined by the district's adjusted valuation per pupil as	79940
defined in section 3317.0213 of the Revised Code.	79941

Of the foregoing appropriation item 228-406, Technical and	79942
Instructional Professional Development, $818,322 in each fiscal	79943
year shall be used by the INFOhio Network, with the advice of the	79944
Ohio SchoolNet Commission, to support the provision of electronic	79945
resources to all public schools with preference given to	79946
elementary schools. Consideration shall be given by the Commission	79947
to coordinating the allocation of these moneys with the efforts of	79948
OhioLINK and the Ohio Public Information Network.	79949

Of the foregoing appropriation item 228-406, Technical and	79950
Instructional Professional Development, $300,000 in each fiscal	79951
year shall be used by the JASON project, with the advice of the	79952
Ohio SchoolNet Commission, to provide statewide access and a 75	79953
per cent subsidy for statewide licensing of JASON content for	79954
90,000 middle school students statewide, and professional	79955
development for teachers participating in the program.	79956

The remaining appropriation allocated in appropriation item	79957
228-406, Technical and Instructional Professional Development,	79958
shall be used by the Ohio SchoolNet Commission for professional	79959
development for teachers and administrators for the use of	79960
educational technology. The commission may make grants to provide	79961
technical assistance and professional development on the use of	79962
educational technology to school districts.	79963

Eligible recipients of grants include regional training	79964
centers, county offices of education, data collection sites,	79965
instructional technology centers, institutions of higher	79966
education, public television stations, special education resource	79967
centers, area media centers, or other nonprofit educational	79968
organizations. Services provided through these grants may include	79969
use of private entities subcontracting through the grant	79970
recipient.	79971

Grants shall be made to entities on a contractual basis with	79972
the Ohio SchoolNet Commission. Contracts shall include provisions	79973
that demonstrate how services will benefit technology use in the	79974
schools, and in particular will support Ohio SchoolNet efforts to	79975
support technology in the schools. Contracts shall specify the	79976
scope of assistance being offered and the potential number of	79977
professionals who will be served. Contracting entities may be	79978
awarded more than one grant at a time.	79979

Grants shall be awarded in a manner consistent with the goals	79980
of Ohio SchoolNet. Special emphasis in the award of grants shall	79981
be placed on collaborative efforts among service providers.	79982

Application for grants from this appropriation in	79983
appropriation item 228-406, Technical and Instructional	79984
Professional Development, shall be consistent with a school	79985
district's technology plan that shall meet the minimum	79986
specifications for school district technology plans as prescribed	79987
by the Ohio SchoolNet Commission. Funds allocated through these	79988
grants may be combined with funds received through other state or	79989
federal grants for technology so long as the school district's	79990
technology plan specifies the use of these funds.	79991

EDUCATION TECHNOLOGY

79992

The foregoing appropriation item 228-539, Education	79993
Technology, shall be used to provide funding to suppliers of	79994
information services to school districts for the provision of	79995
hardware, software, and staff development in support of	79996
educational uses of technology in the classroom as prescribed by	79997
the State Plan for Technology pursuant to section 3301.07 of the	79998
Revised Code, and to support assistive technology for children and	79999
youth with disabilities.	80000

Of the foregoing appropriation item 228-539, Education	80001
Technology, up to $1,946,000 in each fiscal year shall be used by	80002
the Ohio SchoolNet Commission to link all public K-12 classrooms	80003
to each other and the Internet, and to provide access to voice,	80004
video, and data educational resources for students and teachers	80005
through the OneNet Ohio Program.	80006

Up to $4,403,778 in each fiscal year shall be used by the	80007
Ohio SchoolNet Commission to contract with instructional	80008
television, and $639,537 in each fiscal year shall be used by the	80009
commission to contract with education media centers to provide	80010
Ohio schools with instructional resources and services.	80011

Resources may include, but not be limited to, the following:	80012
pre-recorded video materials (including videotape, laser discs,	80013
and CD-ROM discs); computer software for student use or student	80014
access to electronic communication, databases, spreadsheet, and	80015
word processing capability; live student courses or courses	80016
delivered electronically; automated media systems; and	80017
instructional and professional development materials for teachers.	80018
The commission shall cooperate with education technology agencies	80019
in the acquisition, development, and delivery of such educational	80020
resources to ensure high-quality and educational soundness at the	80021
lowest possible cost. Delivery of such resources may utilize a	80022
variety of technologies, with preference given to a high-speed	80023
integrated information network that can transport video, voice,	80024
data, and graphics simultaneously.	80025

Services shall include presentations and technical assistance	80026
that will help students and teachers integrate educational	80027
materials that support curriculum objectives, match specific	80028
learning styles, and are appropriate for individual interests and	80029
ability levels.	80030

Such instructional resources and services shall be made	80031
available for purchase by chartered nonpublic schools or by public	80032
school districts for the benefit of pupils attending chartered	80033
nonpublic schools.	80034

TELECOMMUNITY

80035

The foregoing appropriation item 228-630, Ohio SchoolNet	80036
Telecommunity Fund, shall be distributed by the Ohio SchoolNet	80037
Commission on a grant basis to eligible school districts to	80038
establish "distance learning" through interactive video	80039
technologies in the school district. Per agreements with eight	80040
Ohio local telephone companies: ALLTEL Ohio, CENTURY Telephone of	80041
Ohio, Chillicothe Telephone Company, Cincinnati Bell Telephone	80042
Company, Orwell Telephone Company, Sprint North Central Telephone,	80043
VERIZON, and Western Reserve Telephone Company, school districts	80044
are eligible for funds if they are within one of the listed	80045
telephone company service areas. Funds to administer the program	80046
shall be expended by the commission up to the amount specified in	80047
agreements with the listed telephone companies.	80048

Within 30 days after the effective date of this section, the	80049
Director of Budget and Management shall transfer to Fund 4W9 in	80050
the State Special Revenue Fund Group any investment earnings from	80051
moneys paid to the Ohio SchoolNet Commission by any telephone	80052
company as part of any settlement agreement between the listed	80053
companies and the Public Utilities Commission in fiscal years 1996	80054
and beyond.	80055

DISTANCE LEARNING

80056

Appropriation item 228-634, Distance Learning, shall be	80057
distributed by the Ohio SchoolNet Commission on a grant basis to	80058
eligible school districts to establish "distance learning" in the	80059
school district. Per the agreement with Ameritech, school	80060
districts are eligible for funds if they are within an Ameritech	80061
service area. Funds to administer the program shall be expended by	80062
the commission up to the amount specified in the agreement with	80063
Ameritech.	80064

Within thirty days after the effective date of this section,	80065
the Director of Budget and Management shall transfer to fund 4X1	80066
in the State Special Revenue Fund Group any investment earnings	80067
from moneys paid to the office or to the SchoolNet Commission by	80068
any telephone company as part of a settlement agreement between	80069
the company and the Public Utilities Commission in fiscal year	80070
1995.	80071

GATES FOUNDATION GRANTS

80072

The foregoing appropriation item 228-605, Gates Foundation	80073
Grants, shall be used by the Ohio SchoolNet Commission to provide	80074
professional development to school district principals,	80075
superintendents, and other administrative staff for the use of	80076
education technology. The appropriation is made possible through a	80077
grant from the Bill and Melinda Gates foundation.	80078

Section 98. SOS SECRETARY OF STATE

80079

General Revenue Fund

80080

GRF	050-321	Operating Expenses	$	2,750,000	$	2,750,000	80081
GRF	050-403	Election Statistics	$	110,570	$	110,570	80082
GRF	050-407	Pollworkers Training	$	295,742	$	295,742	80083
GRF	050-409	Litigation Expenditures	$	4,949	$	4,949	80084
TOTAL GRF General Revenue Fund			$	3,161,261	$	3,161,261	80085

General Services Fund Group

80086

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	80087
412	050-609	Notary Commission	$	178,124	$	185,249	80088
413	050-601	Information Systems	$	163,418	$	169,955	80089
414	050-602	Citizen Education Fund	$	72,800	$	75,712	80090
TOTAL General Services Fund Group			$	421,542	$	438,116	80091

Federal Special Revenue Fund Group

80092

3X4	050-612	Ohio Cntr/Law Related Educ Grant	$	41,000	$	41,000	80093
TOTAL FED Federal Special Revenue							80094
Fund Group			$	41,000	$	41,000	80095

State Special Revenue Fund Group

80096

5N9	050-607	Technology Improvements	$	124,582	$	129,565	80097
599	050-603	Business Services Operating Expenses	$	13,889,462	$	14,241,966	80098
TOTAL SSR State Special Revenue							80099
Fund Group			$	14,014,044	$	14,371,531	80100

Holding Account Redistribution Fund Group

80101

R01	050-605	Uniform Commercial Code Refunds	$	65,000	$	65,000	80102
R02	050-606	Corporate/Business Filing Refunds	$	100,000	$	100,000	80103
TOTAL 090 Holding Account							80104
Redistribution Fund Group			$	165,000	$	165,000	80105
TOTAL ALL BUDGET FUND GROUPS			$	17,802,847	$	18,176,908	80106

BOARD OF VOTING MACHINE EXAMINERS

80107

The foregoing appropriation item 050-610, Board of Voting	80108
Machine Examiners, shall be used to pay for the services and	80109
expenses of the members of the Board of Voting Machine Examiners,	80110
and for other expenses that are authorized to be paid from the	80111
Board of Voting Machine Examiners Fund, which is created in	80112
section 3506.05 of the Revised Code. Moneys not used shall be	80113
returned to the person or entity submitting the equipment for	80114
examination. If it is determined that additional appropriations	80115
are necessary, such amounts are appropriated.	80116

HOLDING ACCOUNT REDISTRIBUTION GROUP

80117

The foregoing appropriation items 050-605 and 050-606,	80118
Holding Account Redistribution Fund Group, shall be used to hold	80119
revenues until they are directed to the appropriate accounts or	80120
until they are refunded. If it is determined that additional	80121
appropriations are necessary, such amounts are appropriated.	80122

Section 99. SEN THE OHIO SENATE

80123

General Revenue Fund

80124

GRF	020-321		Operating Expenses		$	10,887,655		$	11,432,037		80125
TOTAL GRF General Revenue Fund					$	10,887,655		$	11,432,037		80126

General Services Fund Group

80127

102	020-602	Senate Reimbursement	$	422,881	$	444,025	80128
409	020-601	Miscellaneous Sales	$	32,529	$	34,155	80129
TOTAL GSF General Services							80130
Fund Group			$	455,410	$	478,180	80131
TOTAL ALL BUDGET FUND GROUPS			$	11,343,065	$	11,910,217	80132

Section 100. CSF COMMISSIONERS OF THE SINKING FUND

80134

Debt Service Fund Group

80135

071	155-901	Highway Obligations Bond Retirement Fund	$	35,536,300	$	10,450,000	80136
072	155-902	Highway Capital Improvements Bond Retirement Fund	$	153,559,600	$	173,238,200	80137
073	155-903	Natural Resources Bond Retirement	$	23,808,300	$	26,914,300	80138
074	155-904	Conservation Projects Bond Service Fund	$	9,743,500	$	11,235,700	80139
076	155-906	Coal Research and Development Bond Retirement Fund	$	7,231,200	$	9,185,100	80140
077	155-907	State Capital Improvements Bond Retirement Fund	$	156,974,400	$	152,069,700	80141
078	155-908	Common Schools Bond Retirement Fund	$	106,322,300	$	145,989,300	80142
079	155-909	Higher Education Bond Retirement Fund	$	97,668,000	$	130,967,600	80143
TOTAL DSF Debt Service Fund Group			$	590,843,600	$	660,049,900	80144
TOTAL ALL BUDGET FUND GROUPS			$	590,843,600	$	660,049,900	80145

ADDITIONAL APPROPRIATIONS

80146

Appropriation items in this section are for the purpose of	80147
paying debt service and financing costs on bonds or notes of the	80148
state issued pursuant to the Ohio Constitution and acts of the	80149
General Assembly. If it is determined that additional	80150
appropriations are necessary, such amounts are appropriated.	80151

Section 101. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	80152
AUDIOLOGY	80153

General Services Fund Group

80154

4K9	886-609	Operating Expenses	$	390,966	$	403,554	80155
TOTAL GSF General Services							80156
Fund Group			$	390,966	$	403,554	80157
TOTAL ALL BUDGET FUND GROUPS			$	390,966	$	403,554	80158

Section 102. BTA BOARD OF TAX APPEALS

80160

General Revenue Fund

80161

GRF	116-321	Operating Expenses	$	2,171,760	$	2,171,760	80162
TOTAL GRF General Revenue Fund			$	2,171,760	$	2,171,760	80163
TOTAL ALL BUDGET FUND GROUPS			$	2,171,760	$	2,171,760	80164

Section 103. TAX DEPARTMENT OF TAXATION

80166

General Revenue Fund

80167

GRF	110-321	Operating Expenses	$	92,501,007	$	94,267,788	80168
GRF	110-412	Child Support Administration	$	74,215	$	74,215	80169
GRF	110-901	Property Tax Allocation - Taxation	$	434,650,000	$	462,640,000	80170
GRF	110-906	Tangible Tax Exemption - Taxation	$	26,590,000	$	25,090,000	80171
TOTAL GRF General Revenue Fund			$	553,815,222	$	582,072,003	80172

Agency Fund Group

80173

095	110-901	Municipal Income Tax	$	12,000,000	$	12,000,000	80174
425	110-635	Tax Refunds	$	1,296,756,200	$	1,337,119,600	80175
TOTAL AGY Agency Fund Group			$	1,308,756,200	$	1,349,119,600	80176

General Services Fund Group

80177

433	110-602	Tape File Account	$	96,165	$	96,165	80178
TOTAL GSF General Services							80179
Fund Group			$	96,165	$	96,165	80180

State Special Revenue Fund Group

80181

4C6	110-616	International Registration Plan	$	706,855	$	706,855	80182
4R6	110-610	Tire Tax Administration	$	65,000	$	65,000	80183
435	110-607	Local Tax Administration	$	13,600,000	$	13,700,000	80184
436	110-608	Motor Vehicle Audit	$	1,350,000	$	1,350,000	80185
437	110-606	Litter Tax and Natural Resource Tax Administration	$	625,232	$	625,232	80186
438	110-609	School District Income Tax	$	2,599,999	$	2,599,999	80187
5N5	110-605	Municipal Income Tax Administration	$	650,000	$	650,000	80188
5N6	110-618	Kilowatt Hour Tax Administration	$	85,000	$	85,000	80189
5V7	110-622	Motor Fuel Tax Administration	$	3,734,036	$	3,833,091	80190
5V8	110-623	Property Tax Administration	$	11,569,719	$	11,938,362	80191
5W4	110-625	Centralized Tax Filing and Payment	$	3,000,000	$	3,000,000	80192
639	110-614	Cigarette Tax Enforcement	$	168,925	$	168,925	80193
642	110-613	Ohio Political Party Distributions	$	600,000	$	600,000	80194
688	110-615	Local Excise Tax Administration	$	300,000	$	300,000	80195
TOTAL SSR State Special Revenue							80196
Fund Group			$	39,054,766	$	39,622,464	80197

Federal Special Revenue Fund Group

80198

3J6	110-601	Motor Fuel Compliance	$	33,300	$	25,000	80199
TOTAL FED Federal Special Revenue							80200
Fund Group			$	33,300	$	25,000	80201

Holding Account Redistribution Fund Group

80202

R10	110-611	Tax Distributions	$	50,000	$	50,000	80203
R11	110-612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	80204
TOTAL 090 Holding Account							80205
Redistribution Fund Group			$	100,000	$	100,000	80206
TOTAL ALL BUDGET FUND GROUPS			$	1,901,855,653	$	1,971,035,232	80207

LITTER CONTROL TAX ADMINISTRATION FUND

80208

Notwithstanding section 5733.12 of the Revised Code, during	80209
the period from July 1, 2003, to June 30, 2004, the amount of	80210
$625,232, and during the period from July 1, 2004, to June 30,	80211
2005, the amount of $625,232, received by the Tax Commissioner	80212
under Chapter 5733. of the Revised Code, shall be credited to the	80213
Litter Control Tax Administration Fund (Fund 437).	80214

CENTRALIZED TAX FILING AND PAYMENT FUND

80215

The Director of Budget and Management pursuant to a plan	80216
submitted by the Tax Commissioner, or as otherwise determined by	80217
the Director of Budget and Management, shall set a schedule to	80218
transfer cash from the General Revenue Fund to the credit of the	80219
Centralized Tax Filing and Payment Fund. Such transfers of cash	80220
shall not exceed $3,000,000 in any fiscal year.	80221

INTERNATIONAL REGISTRATION PLAN AUDIT

80222

The foregoing appropriation item 110-616, International	80223
Registration Plan, shall be used pursuant to section 5703.12 of	80224
the Revised Code for audits of persons with vehicles registered	80225
under the International Registration Plan.	80226

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	80227
EXEMPTION	80228

The foregoing appropriation item 110-901, Property Tax	80229
Allocation - Taxation, is appropriated to pay for the state's	80230
costs incurred due to the Homestead Exemption, the Manufactured	80231
Home Property Tax Rollback, and the Property Tax Rollback. The Tax	80232
Commissioner shall distribute these funds directly to the	80233
appropriate local taxing districts of the state, except for school	80234
districts, notwithstanding the provisions in sections 321.24 and	80235
323.156 of the Revised Code, which provide for payment of the	80236
Homestead Exemption, the Manufactured Home Property Tax Rollback,	80237
and Property Tax Rollback by the Tax Commissioner to the	80238
appropriate county treasurer and the subsequent redistribution of	80239
these funds to the appropriate local taxing districts by the	80240
county auditor.	80241

The foregoing appropriation item 110-906, Tangible Tax	80242
Exemption - Taxation, is appropriated to pay for the state's costs	80243
incurred due to the tangible personal property tax exemption	80244
required by division (C)(3) of section 5709.01 of the Revised	80245
Code. The Tax Commissioner shall distribute to each county	80246
treasurer the total amount certified by the county treasurer	80247
pursuant to section 319.311 of the Revised Code for all local	80248
taxing districts located in the county except for school	80249
districts, notwithstanding the provision in section 319.311 of the	80250
Revised Code which provides for payment of the $10,000 tangible	80251
personal property tax exemption by the Tax Commissioner to the	80252
appropriate county treasurer for all local taxing districts	80253
located in the county including school districts. Pursuant to	80254
division (G) of section 321.24 of the Revised Code, the county	80255
auditor shall distribute the amount paid by the Tax Commissioner	80256
among the appropriate local taxing districts except for school	80257
districts.	80258

Upon receipt of these amounts, each local taxing district	80259
shall distribute the amount among the proper funds as if it had	80260
been paid as real or tangible personal property taxes. Payments	80261
for the costs of administration shall continue to be paid to the	80262
county treasurer and county auditor as provided for in sections	80263
319.54, 321.26, and 323.156 of the Revised Code.	80264

Any sums, in addition to the amounts specifically	80265
appropriated in appropriation items 110-901, Property Tax	80266
Allocation - Taxation, for the Homestead Exemption, the	80267
Manufactured Home Property Tax Rollback, and the Property Tax	80268
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	80269
for the $10,000 tangible personal property tax exemption payments,	80270
which are determined to be necessary for these purposes, are	80271
hereby appropriated.	80272

MUNICIPAL INCOME TAX

80273

The foregoing appropriation item 110-901, Municipal Income	80274
Tax, shall be used to make payments to municipal corporations as	80275
provided in section 5745.05 of the Revised Code. If it is	80276
determined that additional appropriations are necessary to make	80277
such payments, such amounts are hereby appropriated.	80278

TAX REFUNDS

80279

The foregoing appropriation item 110-635, Tax Refunds, shall	80280
be used to pay refunds as provided in section 5703.052 of the	80281
Revised Code. If it is determined that additional appropriations	80282
are necessary, such amounts are appropriated.	80283

Section 104. DOT DEPARTMENT OF TRANSPORTATION

80284

Transportation Modes

80285

General Revenue Fund

80286

GRF	775-451	Public Transportation - State	$	18,875,595	$	19,525,595	80287
GRF	776-465	Ohio Rail Development Commission	$	3,116,889	$	2,936,056	80288
GRF	776-466	Railroad Crossing/Grade Separation	$	500,000	$	840,000	80289
GRF	777-471	Airport Improvements - State	$	1,908,495	$	1,908,495	80290
GRF	777-473	Rickenbacker Lease Payments - State	$	591,600	$	591,500	80291
TOTAL GRF General Revenue Fund			$	24,992,579	$	25,801,646	80292

Federal Special Revenue Fund Group

80293

3B9	776-662	Rail Transportation - Federal	$	50,000	$	50,000	80294
TOTAL FSR Federal Special Revenue							80295
Fund Group			$	50,000	$	50,000	80296

State Special Revenue Fund Group

80297

4N4	776-663	Panhandle Lease Reserve Payments	$	770,000	$	770,000	80298
4N4	776-664	Rail Transportation - Other	$	1,919,500	$	2,111,500	80299
TOTAL SSR State Special Revenue							80300
Fund Group			$	2,689,500	$	2,881,500	80301
TOTAL ALL BUDGET FUND GROUPS			$	27,732,079	$	28,733,146	80302

ELDERLY AND DISABLED FARE ASSISTANCE

80303

Of the foregoing appropriation item 775-451, Public	80304
Transportation - State, up to $4,012,780 in fiscal year 2004 and	80305
$5,015,975 in fiscal year 2005 may be used to make grants to	80306
county transit boards, regional transit authorities, regional	80307
transit commissions, counties, municipal corporations, and private	80308
nonprofit organizations that operate or will operate public	80309
transportation systems, for the purpose of reducing the transit	80310
fares of elderly or disabled persons. Pursuant to division (B) of	80311
section 5501.07 of the Revised Code, the Director of	80312
Transportation shall establish criteria for the distribution of	80313
these grants.	80314

AVIATION LEASE PAYMENTS

80315

The foregoing appropriation item 777-473, Rickenbacker Lease	80316
Payments - State, shall be used to meet scheduled payments for the	80317
Rickenbacker Port Authority. The Director of Transportation shall	80318
certify to the Director of Budget and Management any	80319
appropriations in appropriation item 777-473, Rickenbacker Lease	80320
Payments - State, that are not needed to make lease payments for	80321
the Rickenbacker Port Authority. Notwithstanding section 127.14 of	80322
the Revised Code, the amount certified may be transferred by the	80323
Director of Budget and Management to appropriation item 777-471,	80324
Airport Improvements - State.	80325

Section 105. TOS TREASURER OF STATE

80326

General Revenue Fund

80327

GRF	090-321	Operating Expenses	$	9,329,082	$	9,619,082	80328
GRF	090-401	Office of the Sinking	$	554,868	$	554,868	80329
		Fund					80330
GRF	090-402	Continuing Education	$	463,585	$	463,585	80331
GRF	090-524	Police and Fire	$	35,000	$	30,000	80332
		Disability Pension Fund					80333
GRF	090-534	Police & Fire Ad Hoc Cost	$	225,000	$	230,000	80334
		of Living					80335
GRF	090-544	Police and Fire State	$	1,200,000	$	1,200,000	80336
		Contribution					80337
GRF	090-554	Police and Fire Survivor	$	1,320,000	$	1,260,000	80338
		Benefits					80339
GRF	090-575	Police and Fire Death	$	24,000,000	$	25,000,000	80340
		Benefits					80341
TOTAL GRF General Revenue Fund			$	37,127,535	$	38,357,535	80342

Agency Fund Group

80343

425	090-635		Tax Refunds		$	31,000,000		$	31,000,000		80344
TOTAL Agency Fund Group					$	31,000,000		$	31,000,000		80345

General Services Fund Group

80346

4E9	090-603	Securities Lending Income	$	2,400,000	$	2,100,000	80347
577	090-605	Investment Pool	$	600,000	$	550,000	80348
		Reimbursement					80349
605	090-609	Treasurer of State	$	600,000	$	700,000	80350
		Administrative Fund					80351
TOTAL GSF General Services							80352
Fund Group			$	3,600,000	$	3,350,000	80353

State Special Revenue Fund Group

80354

5C5	090-602	County Treasurer Education	$	175,000	$	135,000	80355
TOTAL SSR State Special Revenue							80356
Fund Group			$	175,000	$	135,000	80357
TOTAL ALL BUDGET FUND GROUPS			$	71,902,535	$	72,842,535	80358

Section 105.01. OFFICE OF THE SINKING FUND

80360

The foregoing appropriation item 090-401, Office of the	80361
Sinking Fund, shall be used for financing and other costs incurred	80362
by or on behalf of the Commissioners of the Sinking Fund, the Ohio	80363
Public Facilities Commission or its secretary, or the Treasurer of	80364
State, with respect to State of Ohio general obligation bonds or	80365
notes, including, but not limited to, printing, advertising,	80366
delivery, rating fees and the procurement of ratings, professional	80367
publications, membership in professional organizations, and	80368
services referred to in division (D) of section 151.01 of the	80369
Revised Code. The General Revenue Fund shall be reimbursed for	80370
such costs by intrastate transfer voucher pursuant to a	80371
certification by the Office of the Sinking Fund of the actual	80372
amounts used. The amounts necessary to make such reimbursements	80373
are appropriated from the general obligation bond retirement funds	80374
created by the Constitution and laws to the extent such costs are	80375
incurred.	80376

POLICE AND FIRE DEATH BENEFIT FUND

80377

The foregoing appropriation item 090-575, Police and Fire	80378
Death Benefits, shall be disbursed annually by the Treasurer of	80379
State at the beginning of each fiscal year to the Board of	80380
Trustees of the Ohio Police and Fire Pension Fund. By the	80381
twentieth day of June of each year, the Board of Trustees of the	80382
Ohio Police and Fire Pension Fund shall certify to the Treasurer	80383
of State the amount disbursed in the current fiscal year to make	80384
the payments required by section 742.63 of the Revised Code and	80385
shall return to the Treasurer of State moneys received from this	80386
item but not disbursed.	80387

The foregoing appropriation item 090-635, Tax Refunds, shall	80388
be used to pay refunds as provided in section 5703.052 of the	80389
Revised Code. If it is determined by the Director of Budget and	80390
Management that additional amounts are necessary, such amounts are	80391
appropriated.	80392

Section 106. UST PETROLEUM UNDERGROUND STORAGE TANK RELEASE	80393
COMPENSATION BOARD	80394

State Special Revenue Fund Group

80395

691	810-632	PUSTRCB Staff	$	1,075,158	$	1,075,158	80396
TOTAL SSR State Special Revenue							80397
Fund Group			$	1,075,158	$	1,075,158	80398
TOTAL ALL BUDGET FUND GROUPS			$	1,075,158	$	1,075,158	80399

Section 107. TTA OHIO TUITION TRUST AUTHORITY

80401

State Special Revenue Fund Group

80402

5P3	095-602	Variable Savings Plan	$	1,639,747	$	1,690,213	80403
645	095-601	Operating Expenses	$	3,570,614	$	3,689,101	80404
TOTAL SSR State Special Revenue							80405
Fund Group			$	5,210,361	$	5,379,314	80406
TOTAL ALL BUDGET FUND GROUPS			$	5,210,361	$	5,379,314	80407

Section 108. OVH OHIO VETERANS' HOME

80409

General Revenue Fund

80410

GRF	430-100	Personal Services	$	20,664,311	$	18,877,112	80411
GRF	430-200	Maintenance	$	6,912,553	$	6,546,928	80412
TOTAL GRF General Revenue Fund			$	25,576,864	$	25,424,040	80413

General Services Fund Group

80414

484	430-603		Rental and Service Revenue		$	709,737		$	709,737		80415
TOTAL GSF General Services Fund Group					$	709,737		$	709,737		80416

Federal Special Revenue Fund Group

80417

3L2	430-601	Federal Grants	$	12,220,340	$	14,696,578	80418
TOTAL FED Federal Special Revenue							80419
Fund Group			$	12,220,340	$	14,696,578	80420

State Special Revenue Fund Group

80421

4E2	430-602	Veterans Home Operating	$	6,719,938	$	7,769,277	80422
604	430-604	Veterans Home Improvement	$	770,096	$	770,096	80423
TOTAL SSR State Special Revenue							80424
Fund Group			$	7,490,034	$	8,539,373	80425
TOTAL ALL BUDGET FUND GROUPS			$	47,996,975	$	49,369,728	80426

Section 108.01. VET VETERANS' ORGANIZATIONS

80428

General Revenue Fund

80429

VAP AMERICAN EX-PRISONERS OF WAR

80430

GRF

743-501

State Support

25,030

80431

VAN ARMY AND NAVY UNION, USA, INC.

80432

GRF

746-501

State Support

55,012

80433

VKW KOREAN WAR VETERANS

80434

GRF

747-501

State Support

53,953

49,453

80435

VJW JEWISH WAR VETERANS

80436

GRF

748-501

State Support

29,715

80437

VCW CATHOLIC WAR VETERANS

80438

GRF

749-501

State Support

57,990

80439

VPH MILITARY ORDER OF THE PURPLE HEART

80440

GRF

750-501

State Support

56,377

80441

VVV VIETNAM VETERANS OF AMERICA

80442

GRF

751-501

State Support

185,954

80443

VAL AMERICAN LEGION OF OHIO

80444

GRF

752-501

State Support

252,328

80445

VII AMVETS

80446

GRF

753-501

State Support

237,919

80447

VAV DISABLED AMERICAN VETERANS

80448

GRF

754-501

State Support

166,308

80449

VMC MARINE CORPS LEAGUE

80450

GRF

756-501

State Support

85,972

80451

V37 37TH DIVISION AEF VETERANS' ASSOCIATION

80452

GRF

757-501

State Support

5,946

80453

VFW VETERANS OF FOREIGN WARS

80454

GRF

758-501

State Support

196,615

80455

TOTAL GRF General Revenue Fund					$	1,409,119		$	1,404,619		80456
TOTAL ALL BUDGET FUND GROUPS					$	1,409,119		$	1,404,619		80457

RELEASE OF FUNDS

80458

The foregoing appropriation items 743-501, 746-501, 747-501,	80459
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	80460
756-501, 757-501, and 758-501, State Support, shall be released	80461
upon approval by the Director of Budget and Management.	80462

50th ANNIVERSARY COMMEMORATION OF THE KOREAN WAR

80463

Of the foregoing appropriation item 747-501, State Support,	80464
Korean War Veterans, up to $4,500 in fiscal year 2004 shall be	80465
used for activities to commemorate the 50th anniversary of the	80466
Korean War. Commemorative activities shall be carried out by the	80467
Korean War Veterans Organization with input from the Governor's	80468
Office of Veterans Affairs and the other veterans organizations	80469
representing Korean War veterans.	80470

AMERICAN EX-PRISONERS OF WAR

80471

The American Ex-Prisoners of War shall be permitted to share	80472
an office with the Veterans of World War I.	80473

CENTRAL OHIO UNITED SERVICES ORGANIZATION

80474

Of the foregoing appropriation item 751-501, State Support,	80475
Vietnam Veterans of America, $50,000 in each fiscal year shall be	80476
used to support the activities of the Central Ohio USO.	80477

VETERANS SERVICE COMMISSION EDUCATION

80478

Of the foregoing appropriation item 753-501, State Support,	80479
AMVETS, up to $20,000 in each fiscal year may be used to provide	80480
moneys to the Association of County Veterans Service Commissioners	80481
to reimburse its member county veterans service commissions for	80482
costs incurred in carrying out educational and outreach duties	80483
required under divisions (E) and (F) of section 5901.03 of the	80484
Revised Code. The Director of Budget and Management shall release	80485
these funds upon the presentation of an itemized receipt from the	80486
association for reasonable and appropriate expenses incurred while	80487
performing these duties. The association shall establish uniform	80488
procedures for reimbursing member commissions.	80489

Section 109. DVM STATE VETERINARY MEDICAL BOARD

80490

General Services Fund Group

80491

4K9	888-609	Operating Expenses	$	444,208	$	453,043	80492
TOTAL GSF General Services							80493
Fund Group			$	444,208	$	453,043	80494
TOTAL ALL BUDGET FUND GROUPS			$	444,208	$	453,043	80495

Section 111. DYS DEPARTMENT OF YOUTH SERVICES

80497

General Revenue Fund

80498

GRF	470-401	RECLAIM Ohio	$	164,637,416	$	167,697,792	80499
GRF	470-412	Lease Rental Payments	$	21,110,100	$	21,110,000	80500
GRF	470-510	Youth Services	$	18,558,587	$	18,558,587	80501
GRF	472-321	Parole Operations	$	15,347,154	$	14,841,872	80502
GRF	477-321	Administrative Operations	$	14,427,323	$	14,166,008	80503
TOTAL GRF General Revenue Fund			$	234,080,580	$	236,374,259	80504

General Services Fund Group

80505

175	470-613	Education Reimbursement	$	8,817,598	$	8,817,598	80506
4A2	470-602	Child Support	$	311,302	$	320,641	80507
4G6	470-605	General Operational Funds	$	10,000	$	10,000	80508
479	470-609	Employee Food Service	$	118,454	$	122,008	80509
523	470-621	Wellness Program	$	197,778	$	197,778	80510
TOTAL GSF General Services							80511
Fund Group			$	9,455,132	$	9,468,025	80512

Federal Special Revenue Fund Group

80513

3V5	470-604	Juvenile Justice/Delinquency Prevention	$	4,091,100	$	4,254,744	80514
3W0	470-611	Federal Juvenile Programs FFY 02	$	4,500,000	$	0	80515
3Z8	470-625	Federal Juvenile Programs FFY 04	$	7,828,899	$	4,500,000	80516
3Z9	470-626	Federal Juvenile Programs FFY 05	$	0	$	7,828,899	80517
321	470-601	Education	$	1,491,587	$	1,555,147	80518
321	470-603	Juvenile Justice Prevention	$	1,558,138	$	1,558,138	80519
321	470-606	Nutrition	$	2,389,587	$	2,485,170	80520
321	470-610	Rehabilitation Programs	$	585,000	$	585,000	80521
321	470-614	Title IV-E Reimbursements	$	4,776,002	$	4,919,282	80522
321	470-617	Americorps Programs	$	460,000	$	460,000	80523
TOTAL FED Federal Special Revenue							80524
Fund Group			$	27,680,313	$	28,146,380	80525

State Special Revenue Fund Group

80526

147	470-612	Vocational Education	$	2,523,653	$	2,630,612	80527
4W3	470-618	Help Me Grow	$	11,587	$	11,587	80528
5J7	470-623	Residential Treatment Services	$	500,000	$	500,000	80529
TOTAL SSR State Special Revenue							80530
Fund Group			$	3,035,240	$	3,142,199	80531
TOTAL ALL BUDGET FUND GROUPS			$	274,251,265	$	277,130,863	80532

ZERO-BASED BUDGETING

80533

The Director of Budget and Management shall prepare a full	80534
zero-based budget for the biennium beginning July 1, 2005, for the	80535
Department of Youth Services. The Director shall offer the	80536
Department substantial technical assistance throughout the process	80537
of preparing their zero-based budget. The Department shall prepare	80538
a full zero-based budget in such manner and according to such	80539
schedule as the Director of Budget and Management requires. The	80540
zero-based budget shall, as the Director of Budget and Management	80541
determines, be in addition to or in place of the estimates of	80542
revenue and proposed expenditures that the Department otherwise	80543
would be required to prepare under section 126.02 of the Revised	80544
Code.	80545

OHIO BUILDING AUTHORITY LEASE PAYMENTS

80546

The foregoing appropriation item 470-412, Lease Rental	80547
Payments, in the Department of Youth Services, shall be used for	80548
payments to the Ohio Building Authority for the period from July	80549
1, 2003, to June 30, 2005, pursuant to the primary leases and	80550
agreements for facilities made under Chapter 152. of the Revised	80551
Code, but limited to the aggregate amount of $42,220,100. This	80552
appropriation is the source of funds pledged for bond service	80553
charges on related obligations issued pursuant to Chapter 152. of	80554
the Revised Code.	80555

EMPLOYEE FOOD SERVICE AND EQUIPMENT

80556

Notwithstanding section 125.14 of the Revised Code, the	80557
foregoing appropriation item 470-609, Employee Food Service, may	80558
be used to purchase any food operational items with funds received	80559
into the fund from reimbursement for state surplus property.	80560

EDUCATION REIMBURSEMENT

80561

The foregoing appropriation item 470-613, Education	80562
Reimbursement, shall be used to fund the operating expenses of	80563
providing educational services to youth supervised by the	80564
Department of Youth Services. Operating expenses include, but are	80565
not limited to, teachers' salaries, maintenance costs, and	80566
educational equipment. This appropriation item shall not be used	80567
for capital expenses.	80568

FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF	80569
CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES	80570

Any business relating to the funds associated with the Office	80571
of Criminal Justice Services' appropriation item 196-602, Criminal	80572
Justice Federal Programs, commenced but not completed by the	80573
Office of Criminal Justice Services or its director shall be	80574
completed by the Department of Youth Services or its director in	80575
the same manner, and with the same effect, as if completed by the	80576
Office of Criminal Justice Services or its director. No	80577
validation, cure, right, privilege, remedy, obligation, or	80578
liability is lost or impaired by reason of the transfer and shall	80579
be administered by the Department of Youth Services.	80580

Any action or proceeding against the Office of Criminal	80581
Justice Services pending on the effective date of this section	80582
shall not be affected by the transfer of responsibility to the	80583
Department of Youth Services, and shall be prosecuted or defended	80584
in the name of the Department of Youth Services or its director.	80585
In all such actions and proceedings, the Department of Youth	80586
Services or its director upon application of the court shall be	80587
substituted as party.	80588

Section 112. EXPENDITURES AND APPROPRIATION INCREASES	80589
APPROVED BY THE CONTROLLING BOARD	80590

Any money that the Controlling Board approves for expenditure	80591
or any increase in appropriation authority that the Controlling	80592
Board approves pursuant to the provisions of sections 127.14,	80593
131.35, and 131.39 of the Revised Code or any other provision of	80594
law is appropriated for the period ending June 30, 2005.	80595

Section 113. PERSONAL SERVICE EXPENSES

80596

Unless otherwise prohibited by law, any appropriation from	80597
which personal service expenses are paid shall bear the employer's	80598
share of public employees' retirement, workers' compensation,	80599
disabled workers' relief, and all group insurance programs; the	80600
costs of centralized accounting, centralized payroll processing,	80601
and related personnel reports and services; the cost of the Office	80602
of Collective Bargaining; the cost of the Personnel Board of	80603
Review; the cost of the Employee Assistance Program; the cost of	80604
the affirmative action and equal employment opportunity programs	80605
administered by the Department of Administrative Services; the	80606
costs of interagency information management infrastructure; and	80607
the cost of administering the state employee merit system as	80608
required by section 124.07 of the Revised Code. These costs shall	80609
be determined in conformity with appropriate sections of law and	80610
paid in accordance with procedures specified by the Office of	80611
Budget and Management. Expenditures from appropriation item	80612
070-601, Public Audit Expense - Local Government, in Fund 422 may	80613
be exempted from the requirements of this section.	80614

Section 114. REISSUANCE OF VOIDED WARRANTS

80615

In order to provide funds for the reissuance of voided	80616
warrants pursuant to section 117.47 of the Revised Code, there is	80617
appropriated, out of moneys in the state treasury from the fund	80618
credited as provided in section 117.47 of the Revised Code, that	80619
amount sufficient to pay such warrants when approved by the Office	80620
of Budget and Management.	80621

Section 115. * CAPITAL PROJECT SETTLEMENTS

80622

This section specifies an additional and supplemental	80623
procedure to provide for payments of judgments and settlements if	80624
the Director of Budget and Management determines, pursuant to	80625
division (C)(4) of section 2743.19 of the Revised Code, that	80626
sufficient unencumbered moneys do not exist in the particular	80627
appropriation to pay the amount of a final judgment rendered	80628
against the state or a state agency, including the settlement of a	80629
claim approved by a court, in an action upon and arising out of a	80630
contractual obligation for the construction or improvement of a	80631
capital facility if the costs under the contract were payable in	80632
whole or in part from a state capital projects appropriation. In	80633
such a case, the director may either proceed pursuant to division	80634
(C)(4) of section 2743.19 of the Revised Code, or apply to the	80635
Controlling Board to increase an appropriation or create an	80636
appropriation out of any unencumbered moneys in the state treasury	80637
to the credit of the capital projects fund from which the initial	80638
state appropriation was made. The Controlling Board may approve or	80639
disapprove the application as submitted or modified. The amount of	80640
an increase in appropriation or new appropriation specified in an	80641
application approved by the Controlling Board is hereby	80642
appropriated from the applicable capital projects fund and made	80643
available for the payment of the judgment or settlement.	80644

If the director does not make the application authorized by	80645
this section or the Controlling Board disapproves the application,	80646
and the director does not make application pursuant to division	80647
(C)(4) of section 2743.19 of the Revised Code, the director shall	80648
for the purpose of making that payment make a request to the	80649
General Assembly as provided for in division (C)(5) of that	80650
section.	80651

Section 116. INCOME TAX DISTRIBUTION TO COUNTIES

80652

There are hereby appropriated out of any moneys in the state	80653
treasury to the credit of the General Revenue Fund, which are not	80654
otherwise appropriated, funds sufficient to make any payment	80655
required by division (B)(2) of section 5747.03 of the Revised	80656
Code.	80657

Section 117. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	80658
AGAINST THE STATE	80659

Any appropriation may be used for the purpose of satisfying	80660
judgments or settlements in connection with civil actions against	80661
the state in federal court not barred by sovereign immunity or the	80662
Eleventh Amendment to the Constitution of the United States, or	80663
for the purpose of satisfying judgments, settlements, or	80664
administrative awards ordered or approved by the Court of Claims	80665
in connection with civil actions against the state, pursuant to	80666
section 2743.15, 2743.19, or 2743.191 of the Revised Code. This	80667
authorization does not apply to appropriations to be applied to or	80668
used for payment of guarantees by or on behalf of the state, for	80669
or relating to lease payments or debt service on bonds, notes, or	80670
similar obligations and those from the Sports Facilities Building	80671
Fund (Fund 024), the Highway Safety Building Fund (Fund 025), the	80672
Administrative Building Fund (Fund 026), the Adult Correctional	80673
Building Fund (Fund 027), the Juvenile Correctional Building Fund	80674
(Fund 028), the Transportation Building Fund (Fund 029), the Arts	80675
Facilities Building Fund (Fund 030), the Natural Resources	80676
Projects Fund (Fund 031), the School Building Program Assistance	80677
Fund (Fund 032), the Mental Health Facilities Improvement Fund	80678
(Fund 033), the Higher Education Improvement Fund (Fund 034), the	80679
Parks and Recreation Improvement Fund (Fund 035), the State	80680
Capital Improvements Fund (Fund 038), the Highway Obligation Fund	80681
(Fund 041), the Coal Research/Development Fund (Fund 046), and any	80682
other fund into which proceeds of obligations are deposited.	80683
Nothing contained in this section is intended to subject the state	80684
to suit in any forum in which it is not otherwise subject to suit,	80685
nor is it intended to waive or compromise any defense or right	80686
available to the state in any suit against it.	80687

Section 118. * UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

80688

The maximum amounts that may be assessed against nuclear	80689
electric utilities in accordance with division (B)(2) of section	80690
4937.05 of the Revised Code are as follows:	80691

		FY 2004	FY 2005	80692
Department of Agriculture				80693
	Fund 4E4 Utility Radiological Safety	$73,059	$73,059	80694
Department of Health				80695
	Fund 610 Radiation Emergency Response	$923,315	$923,315	80696
Environmental Protection Agency				80697
	Fund 644 ER Radiological Safety	$281,424	$286,114	80698
Emergency Management Agency				80699
	Fund 657 Utility Radiological Safety	$1,200,000	$1,260,000	80700

Section 119. UNCLAIMED FUNDS TRANSFER

80701

Notwithstanding division (A) of section 169.05 of the Revised	80702
Code, prior to June 30, 2004, upon the request of the Director of	80703
Budget and Management, the Director of Commerce shall transfer to	80704
the General Revenue Fund up to $25,000,000 of the unclaimed funds	80705
that have been reported by the holder of unclaimed funds as	80706
provided by section 169.05 of the Revised Code, irrespective of	80707
the allocation of the unclaimed funds under that section.	80708

Section 120. GRF TRANSFER TO FUND 5N4, OAKS PROJECT	80709
IMPLEMENTATION	80710

On July 1, 2003, or as soon thereafter as possible, the	80711
Director of Budget and Management shall transfer up to $1,250,000	80712
in cash from the General Revenue Fund to Fund 5N4, OAKS Project	80713
Implementation. On July 1, 2004, or as soon thereafter as	80714
possible, the Director of Budget and Management shall transfer up	80715
to $1,250,000 in cash from the General Revenue Fund to Fund 5N4,	80716
OAKS Project Implementation.	80717

Section 120a. FUND 4K9 TRANSFER TO GRF

80718

On July 31, 2003, or as soon thereafter as possible, the	80719
Director of Budget and Management shall transfer $2,000,000 in	80720
cash from Fund 4K9, Occupational Licensing and Regulatory Fund, to	80721
the General Revenue Fund.	80722

Section 121. CORPORATE AND UCC FILING FUND TRANSFER TO GRF

80723

Not later than the first day of June in each year of the	80724
biennium, the Director of Budget and Management shall transfer	80725
$1,000,000 from the Corporate and Uniform Commercial Code Filing	80726
Fund to the General Revenue Fund.	80727

Section 122. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

80728

Certain appropriations are in this act for the purpose of	80729
paying debt service and financing costs on general obligation	80730
bonds or notes of the state issued pursuant to the Ohio	80731
Constitution and acts of the General Assembly. If it is determined	80732
that additional appropriations are necessary for this purpose,	80733
such amounts are appropriated.	80734

Section 123. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	80735
STATE	80736

Certain appropriations are in this act for the purpose of	80737
making lease payments pursuant to leases and agreements relating	80738
to bonds or notes issued by the Ohio Building Authority or the	80739
Treasurer of State or, previously, by the Ohio Public Facilities	80740
Commission, pursuant to the Ohio Constitution and acts of the	80741
General Assembly. If it is determined that additional	80742
appropriations are necessary for this purpose, such amounts are	80743
appropriated.	80744

Section 124. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO	80745
EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	80746

The Office of Budget and Management shall initiate and	80747
process disbursements from general obligation and lease rental	80748
payment appropriation items during the period from July 1, 2003,	80749
to June 30, 2005, relating to bonds or notes issued under Sections	80750
2i, 2k, 2l, 2m, 2n, 2o, and 15 of Article VIII, Ohio Constitution,	80751
and Chapters 151., 154., and 3318. of the Revised Code.	80752
Disbursements shall be made upon certification by the Treasurer of	80753
State of the dates and amounts due on those dates.	80754

Section 125. STATE AND LOCAL REBATE AUTHORIZATION

80755

There is hereby appropriated, from those funds designated by	80756
or pursuant to the applicable proceedings authorizing the issuance	80757
of state obligations, amounts computed at the time to represent	80758
the portion of investment income to be rebated or amounts in lieu	80759
of or in addition to any rebate amount to be paid to the federal	80760
government in order to maintain the exclusion from gross income	80761
for federal income tax purposes of interest on those state	80762
obligations pursuant to section 148(f) of the Internal Revenue	80763
Code.	80764

Rebate payments shall be approved and vouchered by the Office	80765
of Budget and Management.	80766

Section 126. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	80767
REESTABLISHMENT OF ENCUMBRANCES	80768

Any cash transferred by the Director of Budget and Management	80769
as provided by section 126.15 of the Revised Code is appropriated.	80770
Any amounts necessary to reestablish appropriations or	80771
encumbrances as provided in section 126.15 of the Revised Code are	80772
appropriated.	80773

Section 127. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

80774

Pursuant to the plan for compliance with the Federal Cash	80775
Management Improvement Act required by section 131.36 of the	80776
Revised Code, the Director of Budget and Management is authorized	80777
to cancel and reestablish all or parts of encumbrances in like	80778
amounts within the funds identified by the plan. The amounts	80779
necessary to reestablish all or parts of encumbrances are	80780
appropriated.	80781

Section 128. STATEWIDE INDIRECT COST RECOVERY

80782

Whenever the Director of Budget and Management determines	80783
that an appropriation made to a state agency from a fund of the	80784
state is insufficient to provide for the recovery of statewide	80785
indirect costs pursuant to section 126.12 of the Revised Code, the	80786
amount required for such purpose is appropriated from the	80787
available receipts of such fund.	80788

Section 129. GRF TRANSFERS ON BEHALF OF THE STATEWIDE	80789
INDIRECT COST ALLOCATION PLAN	80790

The total transfers made from the General Revenue Fund by the	80791
Director of Budget and Management pursuant to this section shall	80792
not exceed the amounts transferred into the General Revenue Fund	80793
pursuant to division (B) of section 126.12 of the Revised Code.	80794

A director of an agency may certify to the Director of Budget	80795
and Management the amount of expenses not allowed to be included	80796
in the Statewide Indirect Cost Allocation plan pursuant to federal	80797
regulations, from any fund included in the Statewide Indirect Cost	80798
Allocation plan, prepared as required by section 126.12 of the	80799
Revised Code.	80800

Upon determining that no alternative source of funding is	80801
available to pay for such expenses, the Director of Budget and	80802
Management may transfer from the General Revenue Fund into the	80803
fund for which the certification is made, up to the amount of the	80804
certification. The director of the agency receiving such funds	80805
shall include, as part of the next budget submission prepared	80806
pursuant to section 126.02 of the Revised Code, a request for	80807
funding for such activities from an alternative source such that	80808
further federal disallowances would not be required.	80809

Section 130. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	80810
BALANCES OF OPERATING APPROPRIATIONS	80811

An unexpended balance of an operating appropriation or	80812
reappropriation that a state agency lawfully encumbered prior to	80813
the close of a fiscal year is reappropriated on the first day of	80814
July of the following fiscal year from the fund from which it was	80815
originally appropriated or reappropriated for the following period	80816
and shall remain available only for the purpose of discharging the	80817
encumbrance:	80818

(A) For an encumbrance for personal services, maintenance,	80819
equipment, or items for resale, other than an encumbrance for an	80820
item of special order manufacture not available on term contract	80821
or in the open market or for reclamation of land or oil and gas	80822
wells for a period of not more than five months from the end of	80823
the fiscal year;	80824

(B) For an encumbrance for an item of special order	80825
manufacture not available on term contract or in the open market,	80826
for a period of not more than five months from the end of the	80827
fiscal year or, with the written approval of the Director of	80828
Budget and Management, for a period of not more than twelve months	80829
from the end of the fiscal year;	80830

(C) For an encumbrance for reclamation of land or oil and gas	80831
wells, for a period ending when the encumbered appropriation is	80832
expended or for a period of two years, whichever is less;	80833

(D) For an encumbrance for any other expense, for such period	80834
as the director approves, provided such period does not exceed two	80835
years.	80836

Any operating appropriations for which unexpended balances	80837
are reappropriated beyond a five-month period from the end of the	80838
fiscal year, pursuant to division (B) of this section, shall be	80839
reported to the Controlling Board by the Director of Budget and	80840
Management by the thirty-first day of December of each year. The	80841
report on each such item shall include the item, the cost of the	80842
item, and the name of the vendor. This report to the board shall	80843
be updated on a quarterly basis for encumbrances remaining open.	80844

Upon the expiration of the reappropriation period set out in	80845
divisions (A), (B), (C), or (D) of this section, a reappropriation	80846
made pursuant to this section lapses, and the Director of Budget	80847
and Management shall cancel the encumbrance of the unexpended	80848
reappropriation not later than the end of the weekend following	80849
the expiration of the reappropriation period.	80850

Notwithstanding the preceding paragraph, with the approval of	80851
the Director of Budget and Management, an unexpended balance of an	80852
encumbrance that was reappropriated on the first day of July	80853
pursuant to this section for a period specified in division (C) or	80854
(D) of this section and that remains encumbered at the close of	80855
the fiscal biennium is hereby reappropriated pursuant to this	80856
section on the first day of July of the following fiscal biennium	80857
from the fund from which it was originally appropriated or	80858
reappropriated for the applicable period specified in division (C)	80859
or (D) of this section and shall remain available only for the	80860
purpose of discharging the encumbrance.	80861

If the Controlling Board approved a purchase, that approval	80862
remains in effect as long as the appropriation used to make that	80863
purchase remains encumbered.	80864

Section 131. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

80865

Notwithstanding any provision of law to the contrary, on or	80866
before the first day of September of each fiscal year, the	80867
Director of Budget and Management, in order to reduce the payment	80868
of adjustments to the federal government, as determined by the	80869
plan prepared pursuant to division (A) of section 126.12 of the	80870
Revised Code, may designate such funds as the director considers	80871
necessary to retain their own interest earnings.	80872

Section 131.01. That Sections 11 and 11.04 of Am. Sub. H.B.	80873
87 of the 125th General Assembly be amended to read as follows:	80874

Sec. 11. DOT DEPARTMENT OF TRANSPORTATION

80875

FUND

TITLE

FY 2004

FY 2005

80876

Transportation Planning and Research

80877

Highway Operating Fund Group

80878

002	771-411	Planning and Research - State	$	14,548,950	$	15,070,100	80879
002	771-412	Planning and Research - Federal	$	35,193,300	$	35,644,900	80880
TOTAL HOF Highway Operating							80881
Fund Group			$	49,742,250	$	50,715,000	80882
TOTAL ALL BUDGET FUND GROUPS -							80883
Transportation Planning							80884
and Research			$	49,742,250	$	50,715,000	80885

Highway Construction

80886

Highway Operating Fund Group

80887

002	772-421	Highway Construction - State	$	485,577,430	$	442,367,300	80888
002	772-422	Highway Construction - Federal	$	762,964,700	$	766,001,700	80889
002	772-424	Highway Construction - Other	$	70,000,000	$	51,000,000	80890
212	770-005	Infrastructure Debt Service - Federal	$	72,064,200	$	78,696,100	80891
212	772-423	Infrastructure Lease Payments - Federal	$	12,537,800	$	12,537,300	80892
212	772-426	Highway Infrastructure Bank - Federal	$	2,740,000	$	2,620,000	80893
212	772-427	Highway Infrastructure Bank - State	$	11,000,000	$	11,000,000	80894
TOTAL HOF Highway Operating							80895
Fund Group			$	1,416,884,130	$	1,364,222,400	80896

Highway Capital Improvement Fund Group

80897

042	772-723	Highway Construction - Bonds	$	220,000,000	$	220,000,000	80898
TOTAL 042 Highway Capital							80899
Improvement Fund Group			$	220,000,000	$	220,000,000	80900
Infrastructure Bank Obligations Fund Group							80901
045	772-428	Highway Infrastructure Bank - Bonds	$	40,000,000	$	40,000,000	80902
TOTAL 045 Infrastructure Bank							80903
Obligations Fund Group			$	40,000,000	$	40,000,000	80904
TOTAL ALL BUDGET FUND GROUPS -							80905
Highway Construction			$	1,678,384,130	$	1,627,222,400	80906

Highway Maintenance

80907

Highway Operating Fund Group

80908

002	773-431	Highway Maintenance - State	$	394,605,100	$	413,082,600	80909
TOTAL HOF Highway Operating							80910
Fund Group			$	394,605,100	$	413,082,600	80911

TOTAL ALL BUDGET FUND GROUPS -											80912
Highway Maintenance					$	394,605,100		$	413,082,600		80913

Public Transportation

80914

Highway Operating Fund Group

80915

002	775-452	Public Transportation - Federal	$	27,000,000	$	27,000,000	80916
002	775-454	Public Transportation - Other	$	1,500,000	$	1,500,000	80917
002	775-459	Elderly and Disabled Special Equipment - Federal	$	4,230,000	$	4,230,000	80918
TOTAL HOF Highway Operating							80919
Fund Group			$	32,730,000	$	32,730,000	80920
TOTAL ALL BUDGET FUND GROUPS -							80921
Public Transportation			$	32,730,000	$	32,730,000	80922

Rail Transportation

80923

Highway Operating Fund Group

80924

002	776-462	Grade Crossings - Federal	$	15,000,000	$	15,000,000	80925
TOTAL HOF Highway Operating							80926
Fund Group			$	15,000,000	$	15,000,000	80927

~~State Special Revenue Fund Group~~

80928

~~4A3~~	~~776-665~~		~~Railroad Crossing Safety Devices~~	$	~~1,000,000~~		$	0	80929
~~TOTAL SSR State Special Revenue Fund Group~~				$	~~1,000,000~~		$	0	80930
TOTAL ALL BUDGET FUND GROUPS -									80931
Rail Transportation				$	~~16,000,000~~		$	15,000,000	80932
		15,000,000				80933

Aviation

80934

Highway Operating Fund Group

80935

002	777-472	Airport Improvements - Federal	$	405,000	$	405,000	80936
002	777-475	Aviation Administration	$	4,064,700	$	4,139,000	80937
TOTAL HOF Highway Operating							80938
Fund Group			$	4,469,700	$	4,544,000	80939
TOTAL ALL BUDGET FUND GROUPS -							80940
Aviation			$	4,469,700	$	4,544,000	80941

Administration

80942

State Special Revenue Fund Group

80943

4T5	770-609	Administration Memorial Fund	$	5,000	$	5,000	80944
TOTAL SSR State Special Revenue							80945
Fund Group			$	5,000	$	5,000	80946

Highway Operating Fund Group

80947

002	779-491	Administration - State	$	116,449,900	$	121,986,500	80948
TOTAL HOF Highway Operating							80949
Fund Group			$	116,449,900	$	121,986,500	80950
TOTAL ALL BUDGET FUND GROUPS -							80951
Administration			$	116,454,900	$	121,991,500	80952

Debt Service

80953

Highway Operating Fund Group

80954

002	770-003	Administration - State - Debt Service	$	13,802,600	$	13,395,900	80955
TOTAL HOF Highway Operating							80956
Fund Group			$	13,802,600	$	13,395,900	80957
TOTAL ALL BUDGET FUND GROUPS -							80958
Debt Service			$	13,802,600	$	13,395,900	80959

TOTAL Department of Transportation

80960

TOTAL HOF Highway Operating							80961
Fund Group		$	2,043,683,680		$	2,015,676,400	80962
TOTAL 042 Highway Capital							80963
Improvement Fund Group		$	220,000,000		$	220,000,000	80964
TOTAL 045 Infrastructure Bank							80965
Obligations Fund Group		$	40,000,000		$	40,000,000	80966
TOTAL SSR State Special Revenue							80967
Fund Group		$	~~1,005,000~~		$	5,000	80968
	5,000			80969
TOTAL ALL BUDGET FUND GROUPS		$	~~2,304,688,680~~		$	2,275,681,400	80970
	2,303,688,680			80971

Sec. 11.04. PUBLIC ACCESS ROADS FOR STATE FACILITIES

80973

Of the foregoing appropriation item 772-421, Highway	80974
Construction - State, $3,145,500 is to be used each fiscal year	80975
during the 2003-2005 biennium by the Department of Transportation	80976
for the construction, reconstruction, or maintenance of public	80977
access roads, including support features, to and within state	80978
facilities owned or operated by the Department of Natural	80979
Resources, as requested by the Director of Natural Resources.	80980

Notwithstanding section 5511.06 of the Revised Code, of the	80981
foregoing appropriation item 772-421, Highway Construction -	80982
State, $2,228,000 in each fiscal year of the 2003-2005 biennium	80983
shall be used by the Department of Transportation for the	80984
construction, reconstruction, or maintenance of park drives or	80985
park roads within the boundaries of metropolitan parks.	80986

Included in the foregoing appropriation item 772-421, Highway	80987
Construction - State, the department may perform related road work	80988
on behalf of the Ohio Expositions Commission at the state	80989
fairgrounds, including reconstruction or maintenance of public	80990
access roads, including support features, to and within the	80991
facilities as requested by the commission and approved by the	80992
Director of Transportation.	80993

LIQUIDATION OF UNFORESEEN LIABILITIES

80994

Any appropriation made to the Department of Transportation,	80995
Highway Operating Fund, not otherwise restricted by law, is	80996
available to liquidate unforeseen liabilities arising from	80997
contractual agreements of prior years when the prior year	80998
encumbrance is insufficient.	80999

~~RUMBLE STRIPS AT RAILROAD CROSSINGS~~

81000

~~Of the foregoing appropriation item 776-665, Railroad~~	81001
~~Crossing Safety Devices, $1,000,000 in fiscal year 2004 shall be~~	81002
~~used by the Department of Transportation to fund competitive~~	81003
~~grants to political subdivisions for the cost of putting rumble~~	81004
~~strips at active railroad crossings without gates or lights. The~~	81005
~~maximum amount of a competitive grant is $50,000 for any single~~	81006
~~crossing. Each political subdivision with jurisdiction over a~~	81007
~~crossing may apply to the Department for a competitive grant for~~	81008
~~the costs of putting rumble strips at crossings. Those political~~	81009
~~subdivisions awarded grants shall install the rumble strips by~~	81010
~~December 1, 2004. Those political subdivisions awarded such grants~~	81011
~~shall not use the moneys as matching funds for any other state~~	81012
~~rail safety programs.~~	81013

~~If rumble strips are not appropriate for a crossing, the~~	81014
~~Department may allow the political subdivision which is awarded~~	81015
~~the grant to use the funding for a safety device or technology~~	81016
~~more appropriate for the crossing.~~	81017

~~The Department shall notify each political subdivision with~~	81018
~~jurisdiction over a crossing of the requirements of this section~~	81019
~~that funding is available for rumble strips at crossings and for~~	81020
~~other rail crossing safety improvements. The Department also shall~~	81021
~~notify associations representing political subdivisions of the~~	81022
~~availability of the funding.~~	81023

~~The Department shall spend no more than five per cent of the~~	81024
~~appropriation item on Department administrative expenses.~~	81025

~~The Department shall issue a report on or before June 30,~~	81026
~~2005, describing the activities carried out by the Department to~~	81027
~~comply with the provisions of this section. The report shall~~	81028
~~include the number of crossings at which rumble strip installation~~	81029
~~was completed, the cost of each installation to date, the number~~	81030
~~of active crossings without gates or lights that still do not have~~	81031
~~rumble strips, and a geographic breakdown of where the crossings~~	81032
~~are that have and have not yet received rumble strips.~~	81033

~~All appropriations in Fund 4A3, appropriation item 776-665,~~	81034
~~Railroad Crossing Safety Devices, remaining unencumbered on June~~	81035
~~30, 2004, are hereby reappropriated for the same purpose in fiscal~~	81036
~~year 2005. The Department shall report all such appropriations to~~	81037
~~the Controlling Board.~~	81038

Section 131.02. That existing Sections 11 and 11.04 of Am.	81039
Sub. H.B. 87 of the 125th General Assembly are hereby repealed.	81040

Section 131.03. That Section 13.05 of Am. Sub. H.B. 87 of	81041
the 125th General Assembly be amended to read as follows:	81042

Sec. 13.05. EMERGENCY MANAGEMENT

81043

Federal Special Revenue Fund Group

81044

3N5	763-644	U.S. DOE Agreement	$	266,000		$	275,000	81045
329	763-645	Individual/Family Grant - Fed	$	303,504		$	303,504	81046
337	763-609	Federal Disaster Relief	$	~~5,000,000~~		$	3,000,000	81047
				23,000,000				81048
339	763-647	Emergency Management Assistance and Training	$	~~129,622,000~~		$	~~129,622,000~~	81049
				111,622,000			111,622,000	81050
TOTAL FED Federal Special								81051
Revenue Fund Group			$	135,191,504		$	~~133,200,504~~	81052
			115,200,504		81053

General Services Fund Group

81054

4V3	763-662	EMA Service and Reimbursement	$	696,446	$	696,446	81055
533	763-601	State Disaster Relief	$	7,500,000	$	7,500,000	81056
TOTAL GSF General Services							81057
Fund Group			$	8,196,446	$	8,196,446	81058

State Special Revenue Fund Group

81059

657	763-652	Utility Radiological Safety	$	1,200,000		$	1,260,000	81060
681	763-653	SARA Title III HAZMAT Planning	$	264,510		$	271,510	81061
TOTAL SSR State Special Revenue								81062
Fund Group			$	1,464,510		$	1,531,510	81063
TOTAL ALL BUDGET FUND GROUPS -								81064
Emergency Management			$	144,852,460		$	~~142,928,460~~	81065
			124,928,460		81066

SARA TITLE III HAZMAT PLANNING

81067

The SARA Title III HAZMAT Planning Fund (Fund 681) shall	81068
receive grant funds from the Emergency Response Commission to	81069
implement the Emergency Management Agency's responsibilities under	81070
Chapter 3750. of the Revised Code.	81071

STATE DISASTER RELIEF

81072

The foregoing appropriation item 763-601, State Disaster	81073
Relief, may accept transfers of cash and appropriations from	81074
Controlling Board appropriation items to reimburse eligible local	81075
governments and private nonprofit organizations for costs related	81076
to disasters that have been declared by local governments or the	81077
Governor. The Ohio Emergency Management Agency shall publish and	81078
make available an application packet outlining eligible items and	81079
application procedures for entities requesting state disaster	81080
relief.	81081

Individuals may be eligible for reimbursement of costs	81082
related to disasters that have been declared by the Governor and	81083
the Small Business Administration. The funding in appropriation	81084
item 763-601, State Disaster Relief, shall be used in accordance	81085
with the principles of the federal Individual and Family Grant	81086
Program, which provides grants to households that have been	81087
affected by a disaster to replace basic living items. The Ohio	81088
Emergency Management Agency shall publish and make available an	81089
application procedure for individuals requesting assistance under	81090
the state Individual Assistance Program.	81091

EMA SERVICE AND REIMBURSEMENT FUND

81092

On July 1, 2003, or as soon as possible thereafter, the	81093
Director of Budget and Management shall transfer the cash balances	81094
in the EMA Utility Payment Fund (Fund 4Y0) and the Salvage and	81095
Exchange-EMA Fund (Fund 4Y1) to the EMA Service and Reimbursement	81096
Fund (Fund 4V3), created in section 5502.39 of the Revised Code.	81097
Upon the completion of the transfer, notwithstanding any other	81098
provision of law to the contrary, the EMA Utility Payment Fund	81099
(Fund 4Y0) and the Salvage and Exchange-EMA Fund (Fund 4Y1) are	81100
abolished. The director shall cancel any existing encumbrances	81101
against appropriation items 763-654, EMA Utility Payment, and	81102
763-655, Salvage and Exchange-EMA, and reestablish them against	81103
appropriation item 763-662, EMA Service and Reimbursement. The	81104
amounts of the reestablished encumbrances are hereby appropriated.	81105

Section 131.04. That existing Section 13.05 of Am. Sub. H.B.	81106
87 of the 125th General Assembly is hereby repealed.	81107

Section 131.05. That Sections 1.09 and 35.03 of H.B. 675 of	81108
the 124th General Assembly be amended to read as follows:	81109

Sec. 1.09. Sections 1.07 and 1.08 of ~~this act~~H.B. 675 of the	81110
124th General Assembly take effect ~~July~~January 1, ~~2003~~2004.	81111

Sec. 35.03. Section 5739.031 of the Revised Code takes effect	81112
~~July 1, 2003~~January 1, 2004.	81113

Section 131.06. That existing Sections 1.09 and 35.03 of H.B.	81114
675 of the 124th General Assembly are hereby repealed.	81115

Section 131.07. The amendment by this act of Sections 1.09	81116
and 35.03 of H.B. 675 of the 124th General Assembly provides for	81117
or is essential to the implementation of a tax levy. Therefore,	81118
under Ohio Constitution, Article II, Section 1d, the amendment is	81119
not subject to the referendum and goes into immediate effect when	81120
this act becomes law.	81121

Section 131E. That Sections 18.03 and 18.04 of H.B. 675 of	81122
the 124th General Assembly be amended to read as follows:	81123

Appropriations

Sec. 18.03. DMH DEPARTMENT OF MENTAL HEALTH

81124

CAP-479	Community Assistance Projects	$	~~3,912,500~~ 3,662,500	81125
CAP-906	Campus Consolidation/Automation	$	12,040,000	81126
CAP-978	Infrastructure Improvements	$	3,460,000	81127
Total Department of Mental Health		$	~~19,412,500~~ 19,162,500	81128

COMMUNITY ASSISTANCE PROJECTS

81129

Of the foregoing appropriation item CAP-479, Community	81130
Assistance Projects, ~~$500,000 shall be used for the Achievement~~	81131
~~Centers for Children in Cuyahoga County~~$250,000 shall be used for	81132
the Berea Children's Home.	81133

Sec. 18.04. DMR DEPARTMENT OF MENTAL RETARDATION AND	81134
DEVELOPMENTAL DISABILITIES	81135

Appropriations

STATEWIDE AND CENTRAL OFFICE PROJECTS

81136

CAP-480	Community Assistance Projects	$	~~9,441,000~~ 9,691,000	81137
CAP-955	Statewide Development Centers	$	3,959,000	81138
Total Statewide and Central Office Projects		$	~~13,400,000~~ 13,650,000	81139
TOTAL Department of Mental Retardation and				81140
Developmental Disabilities		$	~~13,400,000~~ 13,650,000	81141
TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND		$	33,079,012	81142

COMMUNITY ASSISTANCE PROJECTS

81143

The foregoing appropriation item CAP-480, Community	81144
Assistance Projects, may be used to provide community assistance	81145
funds for the development, purchase, construction, or renovation	81146
of facilities for day programs or residential programs that	81147
provide services to persons eligible for services from the	81148
Department of Mental Retardation and Developmental Disabilities or	81149
county boards of mental retardation and developmental	81150
disabilities. Any funds provided to nonprofit agencies for the	81151
construction or renovation of facilities for persons eligible for	81152
services from the Department of Mental Retardation and	81153
Developmental Disabilities and county boards of mental retardation	81154
and developmental disabilities shall be governed by the prevailing	81155
wage provisions in section 176.05 of the Revised Code.	81156

Of the foregoing appropriation item CAP-480, Community	81157
Assistance Projects, $150,000 shall be used for the Fostoria Area	81158
Community Childhood and Family Center~~; $250,000 shall be used for~~	81159
~~the Berea Children's Home; and~~ $1,000,000 shall be used for the	81160
Bellefaire Jewish Children's Bureau; and $500,000 shall be used	81161
for the Achievement Centers for Children in Cuyahoga County.	81162

Section 131F. That existing Sections 18.03 and 18.04 of H.B.	81163
675 of the 124th General Assembly are hereby repealed.	81164

Section 131G. That Section 3 of Am. Sub. S.B. 143 of the	81165
124th General Assembly be amended to read as follows:	81166

Sec. 3. Sections ~~5739.021, 5739.023, 5739.026,~~ 5739.03,	81167
~~5739.031, 5739.033,~~ 5739.12, 5741.02, and 5741.12, and division	81168
(I)(7) of section 5741.01 of the Revised Code, as amended by ~~this~~	81169
~~act~~Am. Sub. S.B. 143 of the 124th General Assembly, and sections	81170
306.73, 5703.65, 5739.04, 5739.06, 5741.05, and 5741.08 of the	81171
Revised Code, as enacted by ~~this act~~Am. Sub. S.B. 143 of the	81172
124th General Assembly, shall take effect July 1, 2003. Sections	81173
5739.021, 5739.023, 5739.026, 5739.031, and 5739.033 of the	81174
Revised Code, as amended by Am. Sub. S.B. 143 of the 124th General	81175
Assembly, shall take effect January 1, 2004.	81176

Section 131H. That existing Section 3 of Am. Sub. S.B. 143 of	81177
the 124th General Assembly is hereby repealed.	81178

Section 131I. The amendment by this act of Section 3 of Am.	81179
Sub. S.B. 143 of the 124th General Assembly provides for or is	81180
essential to the implementation of a tax levy. Therefore, under	81181
Ohio Constitution, Article II, Section 1d, the amendment is not	81182
subject to the referendum and goes into immediate effect when this	81183
act becomes law.	81184

Section 131J. The amendments to sections 5739.021, 5739.023,	81185
and 5739.026 of the Revised Code by Am. Sub. S.B. 143 of the 124th	81186
General Assembly apply to levies proposed by a resolution adopted	81187
on or after January 1, 2004, and do not apply to levies proposed	81188
by a resolution adopted before that date.	81189

Section 131K. Sections 131G, 131H, 131I, and 131J of this act	81190
intend to delay the scheduled July 1, 2003, effective date of	81191
sections 5739.021, 5739.023, 5739.026, 5739.031, and 5739.033 of	81192
the Revised Code until January 1, 2004.	81193

Section 132.01. That Sections 10 and 14 of Am. Sub. S.B. 242	81194
of the 124th General Assembly be amended to read as follows:	81195

Sec. 10. NET SCHOOLNET COMMISSION

81196

Tobacco Master Settlement Agreement Fund Group

81197

S87	228-602	Education Technology Trust Fund	$	16,500,000	$	16,500,000	81198
TOTAL TSF Tobacco Master							81199
Settlement Agreement Fund							81200
Group			$	16,500,000	$	16,500,000	81201
TOTAL ALL BUDGET FUND GROUPS			$	16,500,000	$	16,500,000	81202

EDUCATION TECHNOLOGY TRUST FUND

81203

The foregoing appropriation item 228-602, Education	81204
Technology Trust Fund, shall be used by the SchoolNet Commission	81205
for grants to school districts and other entities and for the	81206
costs of administering these grants. Of the total amount for	81207
grants, $1,917,293 in fiscal year 2003 shall be used for the Ohio	81208
ONEnet project, $909,247 in fiscal year 2003 shall be used for the	81209
INFOhio Network, $298,750 in fiscal year 2003 shall be used for	81210
the JASON Project, $1,000,000 in fiscal year 2003 shall be used	81211
for RISE Learning Solutions, and $200,000 in fiscal year 2003	81212
shall be used for the Stark County School Teacher Technical	81213
Training Center. The remaining amount for grants shall be made to	81214
school districts.	81215

The JASON Project shall provide funding for statewide access	81216
and a seventy-five per cent subsidy for statewide licensing of	81217
JASON content for 90,000 middle school students statewide, and	81218
professional development for teachers participating in the JASON	81219
Project.	81220

It is the intent of the General Assembly that the SchoolNet	81221
Commission, in conjunction with RISE Learning Solutions, shall	81222
develop a program that may be conducted in conjunction with	81223
state-supported technology programs, including, but not limited	81224
to, SchoolNet Commission appropriation item 228-406, Technical and	81225
Instructional Professional Development, and appropriation item	81226
228-539, Education Technology, and that shall be designed to	81227
educate preschool staff members and providers on developmentally	81228
appropriate teaching methods, behavior guidance, and literacy and	81229
to involve parents more closely in the education and development	81230
of their children. The program shall include an interactive	81231
instructional component, delivered using satellite television,	81232
Internet, and with facilitation, and shall be distributed to	81233
program participants using the established satellite receiver	81234
dishes on public schools, Head Start centers, and childcare	81235
centers at up to 100 locations throughout the state. The	81236
interactive instructional component of the program shall be	81237
developed to enhance the professional development, training, and	81238
performance of preschool staff members, the education and	81239
care-giving skills of the parents of preschool children, and the	81240
preparation of preschool-age children for learning.	81241

The program shall utilize the grant to continue a	81242
direct-service component that shall include at least three	81243
teleconferences that may be distributed by Ohio-based public	81244
television utilizing satellite or microwave technology in a manner	81245
designed to promote interactive communications between the program	81246
participants located at subsites within the Ohio Educational	81247
Broadcast Network or as determined by the commission. Program	81248
participants shall communicate with trainers and participants at	81249
other program sites through telecommunications and facsimile and	81250
on-line computer technology. As much as possible, the	81251
direct-service component shall utilize systems currently available	81252
in state-supported technology programs and conduct the component	81253
in a manner that promotes innovative, interactive communications	81254
between program participants at all the sites. Parent support	81255
groups and teacher training sessions shall supplement the	81256
teleconferences and shall occur on a local basis.	81257

RISE Learning Solutions may subcontract components of the	81258
program.	81259

Individuals eligible to participate in the program include	81260
those children, their parents, custodians, or guardians, and	81261
preschool staff members who are eligible to participate in a	81262
preschool program as defined in division (A) of section 3301.52	81263
and section 5104.02 of the Revised Code.	81264

The components of the program, including two that shall be	81265
developed in support of teacher proficiency in teaching reading to	81266
prekindergarten and kindergarten to third grade students, at the	81267
direction of the Department of Education, may include: two	81268
three-hour broadcast seminars from a central up-link station,	81269
distributed in up to 88 counties; high production-value video	81270
sought in various locations; and direct interactive adult learning	81271
activities. These two components shall include development of	81272
workbooks and involve at least three small, group-facilitated	81273
follow-up discussion workshops and development and distribution of	81274
at least two home videos. The program shall also provide Internet	81275
access, interactive lines, bulletin board, and CD-ROM.	81276

Upon completion of each of the school years for which the	81277
grant was made, RISE Learning Solutions shall issue a report to	81278
the commission and members of the General Assembly explaining the	81279
goals and objectives determined, the activities implemented, the	81280
progress made toward the achievement of the goals and objectives,	81281
and the outcome of the program.	81282

The commission shall use the remaining appropriation	81283
authority in fiscal year 2003 and appropriation authority granted	81284
in fiscal year 2004 to establish and equip, through the SchoolNet	81285
Plus Program, at least one interactive computer station for each	81286
five children enrolled in the sixth grade as determined by a	81287
three-year average adjusted per pupil property valuation pursuant	81288
to division (A) of section 3317.03 of the Revised Code. Districts	81289
in the first two quartiles of wealth shall receive up to $380 per	81290
pupil for students in grade six to purchase classroom computers	81291
for the sixth grade. Districts in the third and fourth quartile	81292
shall receive ~~approximately~~up to $188 per sixth grade pupil. If a	81293
district has met the state's goal of one computer to every five	81294
students, the district may use funds provided through the	81295
SchoolNet Plus Program to purchase computers for grade seven or to	81296
fulfill educational technology needs on other grades as specified	81297
in the district's technology plan. When there is at least one	81298
computer for each five children enrolled in the sixth grade,	81299
SchoolNet shall use any remaining funds appropriated to establish	81300
and equip at least one interactive computer workstation for each	81301
five children enrolled in the seventh grade as determined by the	81302
previously defined formula.	81303

Sec. 14. All items set forth in this section are hereby	81304
appropriated out of any moneys in the state treasury to the credit	81305
of the Education Facilities Trust Fund (Fund N87) that are not	81306
otherwise appropriated.	81307

Appropriations

SFC SCHOOL FACILITIES COMMISSION

81308

CAP-780	Classroom Facilities Assistance Program	$	~~148,400,000~~ 25,600,000	81309
Total School Facilities Commission		$	~~148,400,000~~ 25,600,000	81310
TOTAL Education Facilities Trust Fund		$	~~148,400,000~~ 25,600,000	81311

Section 132.02. That existing Sections 10 and 14 of Am. Sub.	81313
S.B. 242 of the 124th General Assembly is hereby repealed.	81314

Section 132.03. That Section 3 of Am. Sub. H.B. 215 of the	81315
122nd General Assembly, as most recently amended by Am. Sub. H.B.	81316
94 of the 124th General Assembly, be amended to read as follows:	81317

Sec. 3. Section 1751.68 of the Revised Code is hereby	81318
repealed, effective October 16, ~~2003~~2005.	81319

Section 132.04. That existing Section 3 of Am. Sub. H.B. 215	81320
of the 122nd General Assembly, as most recently amended by Am.	81321
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	81322

Section 132.05. * That Section 3 of Am. Sub. H.B. 621 of the	81323
122nd General Assembly, as most recently amended by Am. Sub. H.B.	81324
94 of the 124th General Assembly, be amended to read as follows:	81325

Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, and	81326
901.83 of the Revised Code are hereby repealed, effective ~~July 1,~~	81327
~~2003~~October 15, 2005.	81328

Section 132.06. * That existing Section 3 of Am. Sub. H.B.	81329
621 of the 122nd General Assembly, as most recently amended by Am.	81330
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	81331

Section 132.07. That Section 153 of Am. Sub. H.B. 117 of the	81332
121st General Assembly, as most recently amended by Am. Sub. H.B.	81333
94 of the 124th General Assembly, be amended to read as follows:	81334

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	81335
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	81336
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	81337
repealed, effective October 16, ~~2003~~2005.	81338

(B) Any money remaining in the Legislative Budget Services	81339
Fund on October 16, ~~2003~~2005, the date that section 5112.19 of	81340
the Revised Code is repealed by division (A) of this section,	81341
shall be used solely for the purposes stated in then former	81342
section 5112.19 of the Revised Code. When all money in the	81343
Legislative Budget Services Fund has been spent after then former	81344
section 5112.19 of the Revised Code is repealed under division (A)	81345
of this section, the fund shall cease to exist.	81346

Section 132.08. That existing Section 153 of Am. Sub. H.B.	81347
117 of the 121st General Assembly, as most recently amended by Am.	81348
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	81349

Section 132.09. * That Section 27 of Sub. H.B. 670 of the	81350
121st General Assembly, as amended by Sub. H.B. 548 of the 123rd	81351
General Assembly, be amended to read as follows:	81352

Sec. 27. The following agencies shall be retained pursuant	81353
to division (D) of section 101.83 of the Revised Code and shall	81354
expire on December 31, 2004:	81355

	REVISED CODE OR	81356
	~~UNCODIFEID~~ UNCODIFIED	81357
AGENCY NAME	SECTION	81358

Advisory Council on Amusement Ride Safety	1711.51	81359
Advisory Board of Directors for Prison Labor	5145.162	81360
Appalachian Public Facilities Council	Sec. 3, H.B. 280, 121st GA	81361
Apprenticeship Council	4111.26	81362
Armory Board of Control	5911.09	81363
Banking Commission	1123.01	81364
Board of Voting Machine Examiners	3506.05(B)	81365
Board of Governors, Medical Malpractice Joint Underwriting Association	3929.77	81366
Board of Tax Appeals	5703.02	81367
Brain Injury Advisory Committee ~~Committee~~	3304.231 ~~3304.231~~	81368
Capitol Square Review and Advisory Board	105.41	81369
Child Support Guideline Advisory Council	3113.215(G)	81370
Children's Trust Fund Board	3109.15	81371
Citizen's Advisory Council (Dept. of Mental Retardation and Developmental Disabilities)	5123.092	81372
Citizen's Advisory Council (Dept. of Mental Health)	5119.81	81373
~~Civilian Conservation Advisory Committee~~	~~1553.10~~	81374
Coastal Resources Advisory Council	1506.12	81375
Commission on African-American Males	4112.12	81376
Commission on Hispanic-Latino Affairs	121.31	81377
Commodity Advisory Commission	926.32	81378
Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council	5123.353	81379
Continuing Education Committee (for sheriffs)	109.80	81380
Controlling Board	127.12	81381
Council on Alcohol and Drug Addiction Services	3793.09	81382
Council on Unreclaimed Strip Mine Lands	1513.29	81383
County Sheriffs' Standard Car Marking and Uniform Commission	311.25	81384
Criminal Sentencing Advisory Committee	181.22	81385
Day-Care Advisory Council	5104.08	81386
Development Financing Advisory Council	122.40	81387
Electrical Safety Inspector Advisory Committee	3783.08	81388
Engineering Experiment Station Advisory Committee	3335.27	81389
Environmental Review Appeals Commission	3745.02	81390
Environmental Education Council	3745.21	81391
Forestry Advisory Council	1503.40	81392
Governor's Community Service Council	121.40	81393
Governor's Council on People with Disabilities	3303.41	81394
~~Hazardous Waste Facility Board~~	~~3734.05~~	81395
Health Care Quality Advisory Council	4121.442	81396
Health Data Advisory Committee	3729.61	81397
Hemophilia Advisory Council	3701.145	81398
Historic Site Preservation Advisory Board	149.301	81399
Home Health Agency Advisory Council	3701.88	81400
Hospital Advisory Committee and the Medical Advisory Committee of the Joint Underwriting Association Board of Governors	3929.76	81401
Industrial Commission	4121.02	81402
Industrial Commission Nominating Council	4121.04	81403
Industrial Technology and Enterprise Advisory Council	122.29	81404
Insurance Agent Education Advisory Council	3905.483	81405
Interagency Recycling Market Development Workgroup	1502.10	81406
Joint Select Committee on Volume Cap	133.021	81407
Labor-Management Government Advisory Council	4121.70	81408
Legal Rights Service Commission	5123.60	81409
Martha Kinney Cooper Ohioana Library Association Board of Trustees	3375.62	81410
Maternal and Child Health Council	3701.025	81411
~~Medicaid Long-Term Care Reimbursement Study Council~~	~~5111.34~~	81412
Medically Handicapped Children's Medical Advisory Council	3701.025	81413
Milk Sanitation Board	917.03	81414
Mine Subsidence Insurance Governing Board	3929.51	81415
Multi-Agency Radio Communication Systems Steering Committee	Sec. 21, H.B. 790, 120th GA	81416
Multidisciplinary Council	3746.03	81417
National Museum of Afro-American History and Culture Planning Committee	149.303	81418
Nursing Facility Reimbursement Study Council	5111.34	81419
Ohio Advisory Council for the Aging	173.03	81420
Ohio Arts Council	3379.02	81421
Ohio Arts and Sports Facilities Commission	3383.02	81422
Ohio Benefit Systems Data Linkage Committee	125.24	81423
Ohio Bicentennial Commission	149.32	81424
Ohio Cemetery Dispute Resolution Commission	4767.05	81425
~~Ohio Commission on Dispute Resolution and Conflict Management~~	~~179.02~~	81426
Ohio Educational Telecommunications Network Commission	3353.02	81427
Ohio Ethics Commission	102.05	81428
Ohio Expositions Commission	991.02	81429
Ohio Family and Children First Cabinet Council	121.37	81430
Ohio Geology Advisory Council	1505.11	81431
Ohio Grape Industries Committee	924.51	81432
Ohio Historical Society Board of Trustees	149.30	81433
Ohio Lake Erie Commission	1506.21	81434
Ohio Medical Quality Foundation	3701.89	81435
Ohio Natural Areas Council	1517.03	81436
Ohio Parks and Recreation Council	1541.40	81437
Ohio Peace Officer Training Commission	109.71	81438
Ohio Public Defender Commission	120.01	81439
Ohio Quarter Horse Development Commission	3769.086	81440
Ohio Scenic Rivers Advisory Councils	1517.18	81441
Ohio Small Government Capital Improvements Commission	164.02	81442
Ohio Soil and Water Conservation Commission	1515.02	81443
Ohio Standardbred Development Commission	3769.085	81444
Ohio Steel Industry Advisory Council	122.97	81445
Ohio Teacher Education and Licensure Advisory Council	3319.28(D)	81446
Ohio Thoroughbred Racing Advisory Committee	3769.084	81447
Ohio Tuition Trust Authority	3334.03	81448
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10	81449
Ohio Vendors Representative Committee	3304.34	81450
Ohio Veterans' Home Board of Trustees	5907.02	81451
Ohio War Orphans Scholarship Board	5910.02	81452
Ohio Water Advisory Council	1521.031	81453
Oil and Gas Commission	1509.35	81454
Organized Crime Investigations Commission	177.01	81455
Parole Board	5149.10	81456
Pharmacy and Therapeutics Committee of the Dept. of Human Services	5111.81	81457
Physical Fitness and Sports Advisory Board	3701.77	81458
Power Siting Board	4906.02	81459
Private Water Systems Advisory Council	3701.346	81460
Public Employment Risk Reduction Advisory Commission	4167.02	81461
Public Utilities Commission Nominating Council	4901.021	81462
Reclamation Commission	1513.05	81463
Recreation and Resources Commission	1501.04	81464
Recycling and Litter Prevention Advisory Council	1502.04	81465
Rehabilitation Services Commission Consumer Advisory Committee	3304.24	81466
Select Commission on Pyrotechnics	Sec. 3, H.B. 508, 119th GA	81467
Services Committee of the Workers' Compensation System	4121.06	81468
Set Aside Review Board	123.151(C)(4)	81469
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	81470
Solid Waste Management Advisory Council	3734.51	81471
State Board of Deposit	135.02	81472
State Board of Library Examiners	3375.47	81473
State Council of Uniform State Laws	105.21	81474
State Committee for the Purchase of Products and Services of Persons with Severe Disabilities	4115.32	81475
State Criminal Sentencing Commission	181.21	81476
State Fire Commission	3737.81	81477
State and Local Government Commission of Ohio	105.45	81478
State Victims Assistance Advisory Committee	109.91	81479
Student Tuition Recovery Authority	3332.081	81480
Subcommittee of the State Board of Emergency Medical Services for Firefighter and Fire Safety Inspector Training	4765.55	81481
Submerged Lands Advisory Council	1506.37	81482
Tax Credit Authority	122.17	81483
Technical Advisory Committee to assist the Director of the Ohio Coal Development Office	1551.35	81484
Technical Advisory Council on Oil and Gas	1509.38	81485
Technology Advisory Committee (for Education)	Sec. 45.01, H.B. 117, 121st GA	81486
Unemployment Compensation Review Commission	4141.06	81487
Unemployment Compensation Advisory Council	4141.08	81488
Utility Radiological Safety Board	4937.02	81489
Veterans Advisory Committee	5902.02(K)	81490
Water and Sewer Commission	1525.11(C)	81491
Waterways Safety Council	1547.73	81492
Welfare Oversight Council	5101.93	81493
Wildlife Council	1531.03	81494
Workers' Compensation System Oversight Committee	Sec. 10, H.B. 222, 118th GA	81495
Wright-Dunbar State Heritage Commission	149.321	81496

Section 132.10. * That existing Section 27 of Sub. H.B. 670	81497
of the 121st General Assembly, as amended by Sub. H.B. 548 of the	81498
123rd General Assembly, is hereby repealed.	81499

Section 132.11. That Section 5 of Am. Sub. S.B. 50 of the	81500
121st General Assembly, as most recently amended by Am. Sub. H.B.	81501
94 of the 124th General Assembly, be amended to read as follows:	81502

Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st	81503
General Assembly shall take effect July 1, ~~2003~~2005.	81504

Section 132.12. That existing Section 5 of Am. Sub. S.B. 50	81505
of the 121st General Assembly, as most recently amended by Am.	81506
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	81507

Section 132.12A. Section 63.37 of Am. Sub. H.B. 94 of the	81508
124th General Assembly, as amended by Am. Sub. H.B. 299 of the	81509
124th General Assembly and Am. Sub. S.B. 261 of the 124th General	81510
Assembly, is hereby repealed.	81511

Section 132.12B. That Section 2 of Am. Sub. H.B. 71 of the	81512
120th General Assembly be amended to read as follows:	81513

Sec. 2. Sections ~~1742.42,~~ 3901.49, and 3901.50 of the Revised	81514
Code are hereby repealed, effective ~~ten years after the effective~~	81515
~~date of this act~~February 9, 2014. The repeal of these sections	81516
shall apply only to contracts and policies that are delivered,	81517
issued for delivery, or renewed in this state on or after that	81518
date, and to plans of self-insurance that are established or	81519
modified in this state on or after that date.	81520

Section 132.12C. That existing Section 2 of Am. Sub. H.B. 71	81521
of the 120th General Assembly is hereby repealed.	81522

Section 132.12D. That Section 6 of Am. Sub. S.B. 67 of the	81523
122nd General Assembly be amended to read as follows:	81524

Sec. 6. Section 1751.64 of the Revised Code is hereby	81525
repealed, effective February 9, ~~2004~~2014. The repeal of that	81526
section shall apply only to contracts that are delivered, issued	81527
for delivery, or renewed in this state on or after that date.	81528

Section 132.12E. That existing Section 6 of Am. Sub. S.B. 67	81529
of the 122nd General Assembly is hereby repealed.	81530

Section 132.14. Section 129 of Am. Sub. H.B. 283 of the 123rd	81531
General Assembly as amended by Am. Sub. H.B. 94 of the 124th	81532
General Assembly is hereby repealed.	81533

Section 132.14A. Section 3 of Sub. H.B. 403 of the 123rd	81534
General Assembly is hereby repealed.	81535

Section 132.14B. Section 16 of Am. Sub. H.B. 87 of the 125th	81536
General Assembly is hereby repealed.	81537

Section 132.14C. * Section 3 of Am. Sub. S.B. 272 of the	81538
123rd General Assembly, as amended by Am. Sub. H.B. 768 of the	81539
123rd General Assembly, is hereby repealed.	81540

Section 132.16. That Section 11 of Am. Sub. S.B. 50 of the	81541
121st General Assembly, as amended by Am. Sub. H.B. 405 of the	81542
124th General Assembly, is hereby repealed.	81543

Section 133. TRANSFERS FROM THE TOBACCO MASTER SETTLEMENT	81544
AGREEMENT FUND TO THE GENERAL REVENUE FUND	81545

Notwithstanding section 183.02 of the Revised Code, on or	81546
before June 30, 2004, the Director of Budget and Management may	81547
transfer up to $242,800,000 to the General Revenue Fund from the	81548
Tobacco Master Settlement Agreement Fund (Fund 087), as provided	81549
in divisions (A) and (B) of this section:	81550

(A) Up to $120,000,000 of the revenue that otherwise would be	81551
transferred from the Tobacco Master Settlement Agreement Fund to	81552
the Tobacco Use Prevention and Cessation Trust Fund (Fund H87)	81553
shall instead be transferred to the General Revenue Fund. Of the	81554
tobacco revenue that is credited to the Tobacco Master Settlement	81555
Agreement Fund in fiscal year 2004, the share that is determined	81556
pursuant to section 183.02 of the Revised Code to be the amount to	81557
be transferred by the Director of Budget and Management from the	81558
Tobacco Master Settlement Agreement Fund to the Tobacco Use	81559
Prevention and Cessation Trust Fund shall be reduced by the amount	81560
that is transferred from the Tobacco Master Settlement Agreement	81561
Fund to the General Revenue Fund in accordance with this division.	81562

(B) Up to $122,800,000 of the revenue that otherwise would be	81563
transferred form the Tobacco Master Settlement Agreement Fund to	81564
the Education Facilities Trust Fund (Fund N87) shall instead be	81565
transferred to the General Revenue Fund. Of the tobacco revenue	81566
that is credited to the Tobacco Master Settlement Agreement Fund	81567
in fiscal year 2004, the share that is determined pursuant to	81568
section 183.02 of the Revised Code to be the amount to be	81569
transferred by the Director of Budget and Management from the	81570
Tobacco Master Settlement Agreement Fund to the Education	81571
Facilities Trust Fund shall be reduced by the amount that is	81572
transferred from the Tobacco Master Settlement Agreement Fund to	81573
the General Revenue Fund in accordance with this division.	81574

Section 134. TEMPORARY ADJUSTMENT TO LOCAL GOVERNMENT	81575
DISTRIBUTIONS	81576

(A) On or before the seventh day of each month of the period	81577
July 2003 through June 2005, the Tax Commissioner shall determine	81578
and certify to the Director of Budget and Management the amount to	81579
be credited, by tax, during that month to the Local Government	81580
Fund, to the Library and Local Government Support Fund, and to the	81581
Local Government Revenue Assistance Fund, respectively, pursuant	81582
to divisions (B), (C), and (D) of this section.	81583

(B) Notwithstanding section 5727.84 of the Revised Code to	81584
the contrary, for the period July 1, 2003, through June 30, 2005,	81585
no amounts shall be credited to the Local Government Fund or to	81586
the Local Government Revenue Assistance Fund from the kilowatt	81587
hour tax, and such amounts that would have otherwise been required	81588
to be credited to such funds shall instead be credited to the	81589
General Revenue Fund. Notwithstanding sections 5727.45, 5733.12,	81590
5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary,	81591
for each month in the period July 1, 2003, through June 30, 2005,	81592
from the public utility excise, corporate franchise, sales, use,	81593
and personal income taxes collected;	81594

(1) An amount shall first be credited to the Local Government	81595
Fund that equals the amount credited to that fund from that tax	81596
according to the schedule in division (C) of this section.	81597

(2) An amount shall next be credited to the Local Government	81598
Revenue Assistance Fund that equals the amount credited to that	81599
fund from that tax according to the schedule in division (C) of	81600
this section.	81601

(3) An amount shall next be credited to the Library and Local	81602
Government Support Fund that equals the amount credited to that	81603
fund from that tax according to the schedule in division (C) of	81604
this section. For purposes of determining the amount to be	81605
credited to the Library and Local Government Support Fund in each	81606
month of fiscal year 2004 pursuant to division (C) of this	81607
section, the amount credited in fiscal year 2003 shall be before	81608
the transfer made from the Library and Local Government Support	81609
Fund to the OPLIN Technology Fund under Section 70 of Am. Sub.	81610
H.B. 94 of the 124th General Assembly. For purposes of determining	81611
the amount to be credited to the Library and Local Government	81612
Support Fund in each month of fiscal year 2005 pursuant to	81613
division (C) of this section, the amount credited in fiscal year	81614
2004 shall be before any transfer required to be made from the	81615
Library and Local Government Support Fund to the OPLIN Technology	81616
Fund.	81617

(C) The amounts shall be credited from each tax to each	81618
respective fund as follows:	81619

(1) In July 2003, one hundred per cent of the amount credited	81620
in July 2002; in July 2004, one hundred per cent of the amount	81621
credited in July 2003;	81622

(2) In August 2003, one hundred per cent of the amount	81623
credited in August 2002; in August 2004, one hundred per cent of	81624
the amount credited in August 2003;	81625

(3) In September 2003, one hundred per cent of the amount	81626
credited in September 2002; in September 2004, one hundred per	81627
cent of the amount credited in September 2003;	81628

(4) In October 2003, one hundred per cent of the amount	81629
credited in October 2002; in October 2004, one hundred per cent of	81630
the amount credited in October 2003;	81631

(5) In November 2003, one hundred per cent of the amount	81632
credited in November 2002; in November 2004, one hundred per cent	81633
of the amount credited in November 2003;	81634

(6) In December 2003, one hundred per cent of the amount	81635
credited in December 2002; in December 2004, one hundred per cent	81636
of the amount credited in December 2003;	81637

(7) In January 2004, one hundred per cent of the amount	81638
credited in January 2003; in January 2005, one hundred per cent of	81639
the amount credited in January 2004;	81640

(8) In February 2004, one hundred per cent of the amount	81641
credited in February 2003; in February 2005, one hundred per cent	81642
of the amount credited in February 2004;	81643

(9) In March 2004, one hundred per cent of the amount	81644
credited in March 2003; in March 2005, one hundred per cent of the	81645
amount credited in March 2004;	81646

(10) In April 2004, one hundred per cent of the amount	81647
credited in April 2003; in April 2005, one hundred per cent of the	81648
amount credited in April 2004;	81649

(11) In May 2004, one hundred per cent of the amount in	81650
division (C)(11)(a) of this section; in May 2005, one hundred per	81651
cent of the amount in division (C)(11)(b) of this section;	81652

(a) The amount credited in May 2003, less any amount reduced	81653
pursuant to division (D)(4) of Section 140 of Am. Sub. H.B. 94 of	81654
the 124th General Assembly, as amended by Am. Sub. H.B. 405 of the	81655
124th General Assembly and as amended by Am. Sub. H.B. 390 of the	81656
124th General Assembly;	81657

(b) The amount credited in May 2004.

81658

(12) In June 2004, one hundred per cent of the amount in	81659
division (C)(12)(a) of this section, less any reduction required	81660
under division (D)(1) of this section; in June 2005, one hundred	81661
per cent of the amount in division (C)(12)(b) of this section,	81662
less any reduction required under division (D)(2) of this section;	81663

(a) The amount credited in June 2003 before any reduction	81664
made pursuant to division (D)(4) of Section 140 of Am. Sub. H.B.	81665
94 of the 124th General Assembly, as amended by Am. Sub. H.B. 405	81666
of the 124th General Assembly and as amended by Am. Sub. H.B. 390	81667
of the 124th General Assembly;	81668

(b) The amount credited in June 2004.

81669

(D) The Tax Commissioner shall do each of the following:

81670

(1) By June 7, 2004, the commissioner shall subtract the	81671
amount calculated in division (D)(1)(b) of this section from the	81672
amount calculated in division (D)(1)(a) of this section. If the	81673
amount in division (D)(1)(a) of this section is greater than the	81674
amount in division (D)(1)(b) of this section, then such difference	81675
shall be subtracted from the total amount of income tax revenue	81676
credited to the Local Government Fund, the Local Government	81677
Revenue Assistance Fund, and the Library and Local Government	81678
Support Fund in June 2004. An amount shall be subtracted from	81679
income tax revenue credited to the Local Government Fund, the	81680
Local Government Revenue Assistance Fund, or the Library and Local	81681
Government Support Fund only if, and according to the proportion	81682
by which, such fund contributed to the result that the amount in	81683
division (D)(1)(a) of this section exceeds the amount in division	81684
(D)(1)(b) of this section.	81685

(a) The sum of all money credited to the Local Government	81686
Fund, the Local Government Revenue Assistance Fund, and the	81687
Library and Local Government Support Fund from July 2003 through	81688
May 2004;	81689

(b) The sum of all money that would have been credited to the	81690
Local Government Fund, the Local Government Revenue Assistance	81691
Fund, and the Library and Local Government Support Fund from July	81692
2003 through May 2004, if sections 5727.45, 5727.84, 5733.12,	81693
5739.21, 5741.03, and 5747.03 of the Revised Code were in effect	81694
during this period.	81695

(2) By June 7, 2005, the commissioner shall subtract the	81696
amount calculated in division (D)(2)(b) of this section from the	81697
amount calculated in division (D)(2)(a) of this section. If the	81698
amount in division (D)(2)(a) of this section is greater than the	81699
amount in division (D)(2)(b) of this section, then such difference	81700
shall be subtracted from the total amount of income tax revenue	81701
credited to the Local Government Fund, the Local Government	81702
Revenue Assistance Fund, and the Library and Local Government	81703
Support Fund in June 2005. An amount shall be subtracted from	81704
income tax revenue credited to the Local Government Fund, the	81705
Local Government Revenue Assistance Fund, or the Library and Local	81706
Government Support Fund only if, and according to the proportion	81707
by which, such fund contributed to the result that the amount in	81708
division (D)(2)(a) of this section exceeds the amount in division	81709
(D)(2)(b) of this section.	81710

(a) The sum of all money credited to the Local Government	81711
Fund, the Local Government Revenue Assistance Fund, and the	81712
Library and Local Government Support Fund from June 2004 through	81713
May 2005;	81714

(b) The sum of all money that would have been credited to the	81715
Local Government Fund, the Local Government Revenue Assistance	81716
Fund, and the Library and Local Government Support Fund from June	81717
2004 through May 2005, if sections 5727.45, 5727.84, 5733.12,	81718
5739.21, 5741.03, and 5747.03 of the Revised Code were in effect	81719
during this period.	81720

(3) On the advice of the Tax Commissioner, during any month	81721
other than June 2004 or June 2005 of the period July 1, 2003,	81722
through July 31, 2005, the Director of Budget and Management may	81723
reduce the amounts that are to be otherwise credited to the Local	81724
Government Fund, Local Government Revenue Assistance Fund, or	81725
Library and Local Government Support Fund in order to accomplish	81726
more effectively the purposes of the adjustments in divisions	81727
(D)(1) and (2) of this section. If the respective calculations	81728
made in June 2004 and June 2005 pursuant to divisions (D)(1) and	81729
(2) of this section indicate that excess reductions had been made	81730
during the previous months, such excess amounts shall be credited,	81731
as appropriate, to the Local Government Fund, Local Government	81732
Revenue Assistance Fund, and Library and Local Government Support	81733
Fund.	81734

(E) Notwithstanding any other provision of law to the	81735
contrary, the total amount credited to each fund in each month	81736
during the period July 2003 through June 2005 shall be distributed	81737
by the tenth day of the immediately succeeding month in the	81738
following manner:	81739

(1) Each county undivided local government fund shall receive	81740
a distribution from the Local Government Fund based on its	81741
proportionate share of the total amount received from the fund in	81742
such respective month for the period July 1, 2002, through June	81743
30, 2003.	81744

(2) Each municipality receiving a direct distribution from	81745
the Local Government Fund shall receive a distribution based on	81746
its proportionate share of the total amount received from the fund	81747
in such respective month for the period July 1, 2002, through June	81748
30, 2003.	81749

(3) Each county undivided local government revenue assistance	81750
fund shall receive a distribution from the Local Government	81751
Revenue Assistance Fund based on its proportionate share of the	81752
total amount received from the fund in such respective month for	81753
the period July 1, 2002, through June 30, 2003.	81754

(4) Each county undivided library and local government	81755
support fund shall receive a distribution from the Library and	81756
Local Government Support Fund based on its proportionate share of	81757
the total amount received from the fund in such respective month	81758
for the period July 1, 2002, through June 30, 2003.	81759

(F) For the 2003, 2004, and 2005 distribution years, the Tax	81760
Commissioner is not required to issue the certifications otherwise	81761
required by sections 5747.47, 5747.501, 5747.51, and 5747.61 of	81762
the Revised Code, but shall provide to each county auditor by the	81763
twentieth day of July 2003, July 2004, and July 2005 an estimate	81764
of the amounts to be received by the county in the ensuing year	81765
from the Local Government Fund, Local Government Revenue	81766
Assistance Fund, and Library and Local Government Support Fund	81767
pursuant to this section and any pertinent section of the Revised	81768
Code. The Tax Commissioner may choose to report to each county	81769
auditor a revised estimate of the 2003, 2004, or 2005	81770
distributions at any time during the period July 1, 2003, through	81771
July 31, 2005.	81772

(G) If provisions of H.B. 40 of the 125th General Assembly	81773
are enacted that authorize reductions in the amounts credited to	81774
the Local Government Fund, Local Government Revenue Assistance	81775
Fund, and Library and Local Government Support Fund during fiscal	81776
year 2003, the fiscal year 2003 amounts used in determining the	81777
amounts credited to such funds during fiscal year 2004 pursuant to	81778
division (C) of this section shall be before any such reductions.	81779

(H) During the period July 1, 2003, through July 31, 2005,	81780
the Director of Budget and Management shall issue those directives	81781
to state agencies that are necessary to ensure that the	81782
appropriate amounts are distributed to the Local Government Fund,	81783
to the Local Government Revenue Assistance Fund, and to the	81784
Library and Local Government Support Fund.	81785

Section 136. * CAPITAL APPROPRIATION TO SFC

81786

All items set forth in this section are hereby appropriated	81787
out of any moneys in the state treasury to the credit of the	81788
School Building Program Assistance Fund (Fund 032), created under	81789
section 3318.25 of the Revised Code, derived from the proceeds of	81790
obligations heretofore and herein authorized to pay the cost of	81791
facilities for a system of common schools throughout the state for	81792
the period beginning July 1, 2002, and ending June 30, 2004. The	81793
appropriation shall be in addition to any other appropriation for	81794
this purpose.	81795

Appropriations

SFC SCHOOL FACILITIES COMMISSION

81796

CAP-770	School Building Program Assistance	$	122,800,000	81797
Total School Facilities Commission		$	122,800,000	81798
TOTAL School Building Program Assistance Fund		$	122,800,000	81799

* SCHOOL BUILDING PROGRAM ASSISTANCE

81800

The foregoing appropriation item CAP-770, School Building	81801
Program Assistance, shall be used by the School Facilities	81802
Commission to provide funding to school districts that receive	81803
conditional approval from the Commission pursuant to Chapter 3318.	81804
of the Revised Code. Expenditures from appropriations contained in	81805
this section may be accounted for as though made for the fiscal	81806
year 2003-2004 biennium in H.B. 675 of the 124th General Assembly.	81807
The School Facilities Commission shall not disburse any of the	81808
appropriations made in this section until after April 1, 2004.	81809

* BOND ISSUANCE AUTHORITY

81810

The Ohio Public Facilities Commission is hereby authorized to	81811
issue and sell, in accordance with the provisions of Section 2n of	81812
Article VIII, Ohio Constitution, and Chapter 151. and particularly	81813
sections 151.01 and 151.03 of the Revised Code, original	81814
obligations in an aggregate principal amount not to exceed	81815
$123,000,000, in addition to the original issuance of obligations	81816
heretofore authorized by prior acts of the General Assembly. The	81817
authorized obligations shall be issued, subject to applicable	81818
constitutional and statutory limitations, to pay the costs to the	81819
state of previously authorized capital facilities and the capital	81820
facilities authorized in this section for the School Building	81821
Program Assistance Fund pursuant to Chapter 3318. of the Revised	81822
Code.	81823

Section 136A. (A) On the effective date of this section, the	81824
following programs administered by the Ohio School Facilities	81825
Commission are terminated:	81826

(1) The Short-Term Loan Program established by Section 10.01	81827
of Am. Sub. H.B. 282 of the 123rd General Assembly;	81828

(2) The Emergency School Repair Program codified in section	81829
3318.35 of the Revised Code.	81830

No new school district shall be served under any of these	81831
programs. The Commission may continue serving school districts	81832
that were receiving assistance under any of these programs before	81833
the effective date of this section in accordance with terms and	81834
agreements in effect on that date.	81835

(B) On March 31, 2004, the Disability Access Program	81836
established by Section 50.15 of Am. Sub. H.B. 215 of the 122nd	81837
General Assembly, Section 5 of Am. Sub. S.B. 102 of the 122nd	81838
General Assembly, as subsequently amended, Section 10 of Am. Sub.	81839
H.B. 282 of the 123rd General Assembly, as subsequently amended,	81840
Section 102.01 of Am. Sub. H.B. 94 of the 124th General Assembly,	81841
and Section 5 of Am. Sub. H.B. 524 of the 124th General Assembly	81842
is terminated.	81843

No new school district shall be served under this program.	81844
The Commission may continue serving school districts that were	81845
receiving assistance under this program before the effective date	81846
of this section in accordance with terms and agreements in effect	81847
on that date.	81848

On April 1, 2004, or as soon as possible thereafter, the	81849
Director of Budget and Management shall transfer the unencumbered	81850
and unallotted balance in appropriation item CAP-777, Disability	81851
Access Projects, to appropriation item CAP-662, Public School	81852
Buildings. The amount transferred from CAP-777, Disability Access	81853
Projects, shall be used to fund classroom facilities projects in	81854
accordance with Chapter 3318. of the Revised Code.	81855

Section 137C. OFFICE OF QUALITY SERVICES FUND TRANSFERS

81856

Notwithstanding any other provision of law to the contrary,	81857
the Director of Budget and Management shall transfer any remaining	81858
amounts of cash from the following specified obsolete fund to the	81859
General Revenue Fund within thirty days after the effective date	81860
of this section: Quality Services (General Services Fund 4C1). The	81861
amount of such transfer to the General Revenue Fund is hereby	81862
appropriated to General Revenue Fund appropriation item 042-409,	81863
Commission Closures.	81864

Section 137D. TRANSFER FROM BOARD OF TAX APPEALS

81865

Notwithstanding any other provision of law to the contrary,	81866
on July 31, 2003, or as soon thereafter as possible, the Director	81867
of Budget and Management shall transfer any remaining amounts of	81868
cash from the following specified obsolete fund to the General	81869
Revenue Fund: Reproduction of Decisions (General Services Fund	81870
439).	81871

Section 138. (A) As used in this section, "nursing facility"	81872
means a facility, or a distinct part of a facility, that is	81873
certified as a nursing facility by the Director of Health for	81874
purposes of the Medicaid Program and is not an intermediate care	81875
facility for the mentally retarded. "Nursing facility" includes a	81876
facility, or a distinct part of a facility, that is certified as a	81877
skilled nursing facility by the Director of Health for purposes of	81878
the Medicare Program.	81879

(B) The Director of Health shall request from the Secretary	81880
of the United States Department of Health and Human Services	81881
approval to develop an alternative regulatory procedure for	81882
nursing facilities subject to federal regulation. If the Secretary	81883
gives approval, the Director shall convene the Nursing Facility	81884
Regulatory Reform Task Force.	81885

(C) The Director of Health shall serve as chair of the Task	81886
Force. The Director of Aging, the Director of Job and Family	81887
Services, the State Long-Term Care Ombudsman, or persons they	81888
designate and a member of the Governor's staff designated by the	81889
Governor shall serve on the Task Force. The Director of Health	81890
shall appoint the following individuals to serve on the Task	81891
Force:	81892

(1) Two representatives of the Ohio Health Care Association;

81893

(2) Two representatives of the Association of Ohio	81894
Philanthropic Homes and Housing for the Aging;	81895

(3) Two representatives of the Ohio Academy of Nursing Homes;

81896

(4) Two representatives of the American Association of	81897
Retired Persons (AARP);	81898

(5) Two representatives of Families for Improved Care;

81899

(6) A representative from the Ohio Association of Regional	81900
Long-Term Care Ombudsman Programs;	81901

(7) A representative of the 1199 League of Registered Nurses;

81902

(8) A representative of the American Federation of State,	81903
County, and Municipal Employees.	81904

(D) Except to the extent that service on the task force is	81905
part of their employment, Task Force members shall serve without	81906
compensation and shall not be reimbursed by the State for expenses	81907
incurred in carrying out their duties on the Task Force. The	81908
Scripps Gerontology Center at Miami University shall provide	81909
technical and support services for the Task Force.	81910

(E) The Task Force shall do all of the following:

81911

(1) Review the effectiveness of current regulatory procedures	81912
for nursing facilities regarding the quality of care and quality	81913
of life of nursing facility residents;	81914

(2) Develop recommendations for improved regulatory	81915
procedures for nursing facilities to improve the quality of care	81916
and quality of life of nursing facility residents;	81917

(3) Evaluate potential effects on nursing facility residents	81918
of elimination of components of the Certificate of Need program	81919
pertaining to long-term care facilities;	81920

(4) Develop possible demonstration projects to present the	81921
potential of proposed changes to the regulatory procedure to	81922
increase the quality of care and the quality of life of nursing	81923
facility residents.	81924

(F) The Task Force shall submit a report of its findings and	81925
recommendations to the Speaker and Minority Leader of the House of	81926
Representatives and to the President and Minority Leader of the	81927
Senate. The report shall explain any changes to the Revised Code	81928
required to implement the recommendations. On submission of the	81929
recommendations, the Task Force shall cease to exist.	81930

(G) At the request of the General Assembly by adoption of a	81931
joint resolution, the Director of Health shall apply to the	81932
Secretary of the United States Department of Health and Human	81933
Services for a waiver to implement the recommendations of the Task	81934
Force.	81935

Section 139.01. In amending sections 121.084, 4104.41,	81936
4104.44, 4104,45, and 4104.46 (4104.48), in enacting new section	81937
4104.46 and section 4104.47, and in repealing and re-enacting	81938
sections 4104.42 and 4104.43 of the Revised Code, it is the intent	81939
of the General Assembly that the provisions of this act are	81940
general laws created in the exercise of the state's police power,	81941
arising out of matters of statewide concern, and are designed for	81942
the health, safety, and welfare of contractors, their employees,	81943
and the public.	81944

Section 139.02. In amending sections 121.084, 4104.41,	81945
4104.44, 4104,45, and 4104.46 (4104.48), in enacting new section	81946
4104.46 and section 4104.47, and in repealing and re-enacting	81947
sections 4104.42 and 4104.43 of the Revised Code, it is the intent	81948
of the General Assembly that power, refrigerating, hydraulic,	81949
heating and liquefied petroleum gas, oxygen, and other gaseous	81950
piping systems will continue to be inspected as part of the	81951
building permit process, enforcement of plumbing and mechanical	81952
building codes, and occupancy certification. The purpose of this	81953
legislative action is solely to eliminate duplicative inspection	81954
personnel and fees.	81955

Section 145.01. * The Hemophilia Advisory Council established	81956
under section 3701.145 of the Revised Code, renumbered as section	81957
3701.0210 of the Revised Code by this act, is hereby abolished.	81958

Section 145.03. * Upon the taking effect of this section, the	81959
Hazardous Waste Facility Board is abolished.	81960

All of the rules adopted by the Hazardous Waste Facility	81961
Board are abolished on that date. The Director of the Legislative	81962
Service Commission shall remove the rules from the Administrative	81963
Code as if they had been rescinded.	81964

On and after the effective date of this section and until the	81965
Director of Environmental Protection adopts rules that eliminate	81966
references to the Hazardous Waste Facility Board, whenever the	81967
Hazardous Waste Facility Board or Board, when "Board" refers to	81968
the Hazardous Waste Facility Board, is referred to in a rule, the	81969
reference shall be deemed to refer to the Environmental Protection	81970
Agency or the Director of Environmental Protection, whichever is	81971
appropriate. As expeditiously as possible after the effective date	81972
of this section, the Director of Environmental Protection shall	81973
adopt rules eliminating references to the Hazardous Waste Facility	81974
Board.	81975

Permits or modifications issued by the Hazardous Waste	81976
Facility Board under section 3734.05 of the Revised Code as that	81977
section existed prior to its amendment by this act shall continue	81978
in effect as if the Director had issued the permits or	81979
modifications under section 3734.05 of the Revised Code after the	81980
effective date of its amendment by this act. Any application	81981
pending before the Hazardous Waste Facility Board on the effective	81982
date of this section shall be transferred to the Environmental	81983
Protection Agency for approval or disapproval by the Director. All	81984
records, files, and other documents of the Hazardous Waste	81985
Facility Board shall be transferred to the Environmental	81986
Protection Agency.	81987

Section 145.03A. (A) There is hereby created the Ohio Autism	81988
Task Force consisting of the following members:	81989

(1) All of the following persons to be appointed by the	81990
Governor:	81991

(a) A person diagnosed with autism;

81992

(b) Four persons who are parents of children diagnosed with	81993
autism;	81994

(c) A special education administrator of an Ohio school	81995
district;	81996

(d) A representative of the Ohio Association of County Boards	81997
of Mental Retardation and Developmental Disabilities;	81998

(e) A representative of the Ohio Developmental Disabilities	81999
Council;	82000

(f) A representative of the Autism Society of Ohio;

82001

(g) A developmental pediatrician who is a member of the Ohio	82002
Association of Pediatricians;	82003

(h) Two representatives from private schools in Ohio that	82004
provide special education services to children diagnosed with	82005
autism;	82006

(i) Two representatives from Ohio hospitals that provide	82007
services to children diagnosed with autism.	82008

(2) Two members of the House of Representatives, one from the	82009
majority party and one from the minority party, appointed by the	82010
Speaker of the House of Representatives;	82011

(3) Two members of the Senate, one from the majority party	82012
and one from the minority party, appointed by the President of the	82013
Senate;	82014

(4) The Director of Mental Retardation and Developmental	82015
Disabilities or the Director's designee;	82016

(5) The Director of Job and Family Services or the Director's	82017
designee;	82018

(6) The Superintendent of Public Instruction or the	82019
Superintendent's designee;	82020

(7) The Director of Health or the Director's designee.

82021

(B) All appointments and designations to the Task Force shall	82022
be made not later than thirty days after the effective date of	82023
this section. Any vacancy that occurs on the Task Force shall be	82024
filled in the same manner as the original appointment. The members	82025
of the Task Force shall serve without compensation.	82026

(C) The initial meeting of the Task Force shall be held not	82027
later than sixty days after the effective date of this section. At	82028
its initial meeting, the Task Force shall elect from its	82029
membership a chairperson and other officers it considers	82030
necessary. Thereafter, the Task Force shall meet on the call of	82031
the chairperson.	82032

(D) The Department of Mental Retardation and Developmental	82033
Disabilities shall provide meeting facilities and other support as	82034
necessary for the Task Force.	82035

(E) The Task Force shall study and make recommendations	82036
regarding both of the following:	82037

(1)The growing incidence of autism in Ohio;

82038

(2)Ways to improve the delivery in this state of autism	82039
services.	82040

(F) Not later than one year after the effective date of this	82041
section, the Task Force shall submit a written report of its	82042
recommendations to the Governor, the Speaker of the House of	82043
Representatives, and the President of the Senate.	82044

(G) On submission of its report, the Task Force shall cease	82045
to exist.	82046

Section 145.03I. As used in this section, "qualified	82047
property" means real and tangible personal property that satisfies	82048
the qualifications for tax exemption under the terms of section	82049
3313.44, 5709.07, 5709.08, 5709.10, 5709.12, 5709.121, or 5709.14	82050
of the Revised Code.	82051

Notwithstanding section 5713.081 of the Revised Code, when	82052
qualified property has not received tax exemption due to a failure	82053
to comply with Chapter 5713. or section 5715.27 of the Revised	82054
Code, the owner of the property, at any time on or before	82055
twenty-four months after the effective date of this section, may	82056
file with the Tax Commissioner an application requesting that the	82057
property be placed on the tax exempt list and that all unpaid	82058
taxes, penalties, and interest on the property be abated.	82059

The application shall be made on the form prescribed by the	82060
Tax Commissioner under section 5715.27 of the Revised Code and	82061
shall list the name of the county in which the property is	82062
located; the property's legal description; its taxable value; the	82063
amount in dollars of the unpaid taxes, penalties, and interest;	82064
the date of acquisition of title to the property; the use of the	82065
property during any time that the unpaid taxes accrued; and any	82066
other information required by the Tax Commissioner. The county	82067
auditor shall supply the required information upon request of the	82068
applicant.	82069

Upon request of the applicant, the county treasurer shall	82070
determine if all taxes, penalties, and interest that became a lien	82071
on the qualified property before it first was used for an exempt	82072
purpose and all special assessments charged against the property	82073
have been paid in full. If so, the county treasurer shall issue a	82074
certificate to the applicant stating that all such taxes,	82075
penalties, interest, and assessments have been paid in full. Prior	82076
to filing the application with the Tax Commissioner, the applicant	82077
shall attach the county treasurer's certificate to it. The Tax	82078
Commissioner shall not consider an application filed under this	82079
section unless such a certificate is attached to it.	82080

Upon receipt of the application and after consideration of	82081
it, the Tax Commissioner shall determine if the applicant meets	82082
the qualifications set forth in this section, and if so shall	82083
issue an order directing that the property be placed on the tax	82084
exempt list of the county and that all unpaid taxes, penalties,	82085
and interest for every year the property met the qualifications	82086
for exemption described in section 3313.44, 5709.07, 5709.08,	82087
5709.10, 5709.12, 5709.121, or 5709.14 of the Revised Code be	82088
abated. If the Tax Commissioner finds that the property is not now	82089
being so used or is being used for a purpose that would foreclose	82090
its right to tax exemption, the Tax Commissioner shall issue an	82091
order denying the application.	82092

If the Tax Commissioner finds that the property is not	82093
entitled to tax exemption and to the abatement of unpaid taxes,	82094
penalties, and interest for any of the years for which the owner	82095
claims an exemption or abatement, the Tax Commissioner shall order	82096
the county treasurer of the county in which the property is	82097
located to collect all taxes, penalties, and interest due on the	82098
property for those years in accordance with law.	82099

The Tax Commissioner may apply this section to any qualified	82100
property that is the subject of an application for exemption	82101
pending before the Tax Commissioner on the effective date of this	82102
section, without requiring the property owner to file an	82103
additional application. The Tax Commissioner also may apply this	82104
section to any qualified property that is the subject of an	82105
application for exemption filed on or after the effective date of	82106
this section and on or before twelve months after that effective	82107
date, even though the application does not expressly request	82108
abatement of unpaid taxes.	82109

Section 145.03J. (A) The amendment, repeal and reenactment,	82110
or enactment by this act of sections 718.01, 718.02, 718.021,	82111
718.03, 718.031, 718.05, 718.051, and 718.121 of the Revised Code	82112
apply to taxable years beginning on or after January 1, 2004.	82113

(B) The amendment by this act of sections 718.11, 5717.011,	82114
and 5717.03 of the Revised Code apply to matters relating to	82115
taxable years beginning on or after January 1, 2004.	82116

Section 145.03K. * Not later than thirty days after the	82117
effective date of this section, one or more individuals	82118
representing municipal government interests shall be appointed to	82119
the steering committee that directs the continuing development of	82120
the Ohio Business Gateway. These individuals shall assist in the	82121
development of the enhancements to the Ohio Business Gateway that	82122
affect municipal tax administration and issues related to such	82123
administration, including, but not limited to, banking issues,	82124
technological issues, and administrative convenience issues for	82125
municipalities and taxpayers.	82126

Section 145.03N. (A) The amendment by this act of sections	82127
165.09, 902.11, 4981.20, 5703.052, 5739.01, 5739.011, 5739.012,	82128
5739.02, 5739.03, 5739.032, 5739.033 (in Section 1 of this act),	82129
5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5741.01, 5741.02,	82130
and 5741.121 of the Revised Code apply on and after July 1, 2003.	82131

(B) The amendment by this act of sections 5739.021, 5739.022,	82132
5739.023, and 5739.026 of the Revised Code apply on and after	82133
January 1, 2004.	82134

(C) Except as otherwise provided in this division, the	82135
amendment by this act of sections 5739.025, 5739.10, 5741.021,	82136
5741.022, and 5741.023 of the Revised Code apply on and after	82137
January 1, 2006. The amendment by this act of division (E) of	82138
section 5739.025 of the Revised Code applies on and after July 1,	82139
2003.	82140

(D) The repeal and re-enactment by this act of section	82141
5739.034 of the Revised Code applies on and after July 1, 2003.	82142

Section 145.03O. Sections 107.32 and 107.33 of the Revised	82143
Code shall apply to all state institutional facilities, as defined	82144
in section 107.32 of the Revised Code, that were in operation on	82145
or after January 1, 2003.	82146

Section 145.03R. The Legislative Office of Education	82147
Oversight shall conduct a review of partnership agreements between	82148
a Head Start provider and a provider of child care or day care	82149
services. In conducting this review, the Office shall analyze the	82150
following:	82151

(A) The impact on literacy-readiness for children receiving	82152
services as a result of such agreements;	82153

(B) The costs and benefits of such agreements to both	82154
participant children and the providers who are parties to the	82155
agreements. In analyzing the costs and benefits of such	82156
agreements, the Office shall examine the financial costs and	82157
benefits to providers who are parties to the agreements and to	82158
families of participant children. Additionally, the Office shall	82159
examine intangible costs and benefits to participant children,	82160
such as intellectual, emotional, and physical benefits or	82161
detriments caused by service under such agreements.	82162

(C) The operation of the agreements. In analyzing the	82163
operation of the agreements, the Office shall review how the	82164
agreements work, how well the agreements work, what components are	82165
included in the agreements, and whether the agreements are unique	82166
to the providers who are parties to the agreements or standardized	82167
across the state or within a local region.	82168

(D) Whether there is an administrative entity, such as a	82169
county department of job and family services, that oversees the	82170
implementation of a particular agreement. If there is such an	82171
entity that oversees an agreement, the Office shall examine the	82172
degree to which oversight is performed and what overhead costs the	82173
administrative entity incurs in overseeing such agreements.	82174

The Office shall submit the final results of this study to	82175
the General Assembly not later than December 31, 2004.	82176

Section 145.03T. (A) Within one hundred twenty days after	82177
the effective date of this section, the Director of Agriculture,	82178
the Director of Rehabilitation and Correction, and the Director of	82179
Youth Services shall develop a plan to optimize the quantity and	82180
use of food grown and harvested in state correctional institutions	82181
or secure facilities operated by the Department of Youth Services	82182
in the most cost-effective manner. The plan shall include methods	82183
to increase production at farms operated by either department and	82184
shall include methods to ensure that the highest possible	82185
percentage of food consumed at state correctional institutions and	82186
secure facilities operated by the Department of Youth Services is	82187
food grown and harvested at a state correctional institution or	82188
secure facility operated by the Department of Youth Services.	82189

(B) The plan shall consider possible amendments to the	82190
Revised Code, amendments to the Administrative Code,	82191
administrative changes, financial strategies, strategies to obtain	82192
a reliable workforce, and any other means to optimize the quantity	82193
and use of food of that nature in state correctional institutions	82194
and secure facilities operated by the Department of Youth	82195
Services.	82196

The plan and its findings, conclusions, and any	82197
recommendations and proposed legislation shall be submitted to the	82198
Speaker of the House of Representatives, the President of the	82199
Senate, the Governor, the Director of Rehabilitation and	82200
Correction, and the Director of Youth Services.	82201

(C) As used in this section, "state correctional institution"	82202
has the same meaning as in section 2967.01 of the Revised Code.	82203

Section 145.03BB. The State Racing Commission shall conduct a	82204
performance study of the Commission based upon its current level	82205
of full-time employees. The Commission, not later than January 1,	82206
2004, shall make recommendations to the Governor and the General	82207
Assembly regarding possible staff reductions and ways to improve	82208
the efficiency of the Commission's operations.	82209

Section 145.03CC. For any metropolitan housing authority that	82210
is in existence when division (D) of section 3735.27 of the	82211
Revised Code, as amended by this act, takes effect, and to which	82212
that division applies, the board of county commissioners shall	82213
appoint a member to fill the next vacancy that occurs due to the	82214
expiration of the term of a member appointed by the chief	82215
executive officer of the most populous city in the metropolitan	82216
housing authority district. Thereafter, any vacancy in that	82217
position shall be filled by an appointee of the board of county	82218
commissioners and all other vacancies shall be filled in the	82219
manner provided for the original appointments.	82220

Section 145.03DD. The amendment by this act of section	82221
5747.02 of the Revised Code applies to taxable years ending on or	82222
after the effective date of this section.	82223

Section 145.03EE. (A) If a court finds that any provisions	82224
within sections 1346.04 to 1346.10 of the Revised Code conflict	82225
and cannot be harmonized with those within sections 1346.01 to	82226
1346.03 of the Revised Code, provisions of sections 1346.01 to	82227
1346.03 of the Revised Code shall control.	82228

(B) If any provision within sections 1346.04 to 1346.10 of	82229
the Revised Code causes sections 1346.01 to 1346.03 of the Revised	82230
Code to no longer constitute a qualifying or model statute, as	82231
those terms are defined in the Master Settlement Agreement entered	82232
into on November 23, 1998, by the state and leading United States	82233
tobacco product manufacturers, the provision in question shall be	82234
invalid. If any part of sections 1346.04 to 1346.10 of the Revised	82235
Code is for any reason held to be invalid, unlawful, or	82236
unconstitutional, the remaining portions of those sections shall	82237
remain valid.	82238

Section 145.03FF. The first report of stamping agents	82239
required by division (A) of section 1346.07 of the Revised Code	82240
shall be due on the last day of the month following the month in	82241
which this act becomes effective. The first certifications of a	82242
tobacco product manufacturer under division (A) of section 1346.05	82243
of the Revised Code shall be due forty-five days after the	82244
effective date of this act. The directory established in division	82245
(B) of section 1346.05 of the Revised Code shall be published	82246
within ninety days after the effective date of this act.	82247

Section 145.03GG. (A) For the purposes of section 321.24, as	82248
amended by this act, and of section 5703.80 of the Revised Code,	82249
as enacted by this act, the Tax Commissioner may determine the	82250
property tax administrative fee for fiscal year 2004 at any time	82251
after the day this act becomes law. One-half of the amount of the	82252
fee for that year may be deducted from each of the payments made	82253
in the fiscal year under division (F) of section 321.24 of the	82254
Revised Code, or the full amount of the fee for the year may be	82255
deducted from the second of those payments made in the fiscal	82256
year. The Director of Budget and Management may transfer the fee	82257
from the General Revenue Fund to the Property Tax Administration	82258
Fund created under section 5703.80 of the Revised Code, as enacted	82259
by this act, for fiscal year 2004 in three equal payments on	82260
November 1, 2003, February 1, 2004, and May 1, 2004.	82261

(B) Within thirty days after the Tax Commissioner determines	82262
the property tax administrative fee for fiscal year 2004 under	82263
division (A) of this section, the Tax Commissioner shall notify	82264
the Department of Education of the amount by which each school	82265
district's reimbursement made under division (F) of section 321.24	82266
of the Revised Code, as amended by this act, is to be reduced for	82267
the Property Tax Administration Fund.	82268

Section 145.03HH. (A) As used in this section, "housing	82269
officer" has the same meaning as in section 3735.65 of the Revised	82270
Code.	82271

(B) Any complaint filed with the tax commissioner on or after	82272
the effective date of this section challenging the continued	82273
exemption of property granted an exemption by a housing officer	82274
under section 3735.67 of the Revised Code shall be certified by	82275
the tax commissioner to the housing officer. The housing officer	82276
shall proceed to hear and determine such complaint in accordance	82277
with division (E) of section 3735.67 of the Revised Code. The	82278
commissioner may hear and determine any such complaint filed with	82279
the commissioner before the effective date of this section or may	82280
certify such complaint to the housing officer for hearing and	82281
determination.	82282

(C) The filing date of any complaint certified to a housing	82283
officer under this section shall be considered to be the date on	82284
which the complaint was filed with the tax commissioner.	82285

Section 146.01. Except as otherwise specifically provided in	82286
this act, the codified sections of law amended or enacted in this	82287
act, and the items of law of which the codified sections of law	82288
amended or enacted in this act are composed, are subject to the	82289
referendum. Therefore, under Ohio Constitution, Article II,	82290
Section 1c and section 1.471 of the Revised Code, the codified	82291
sections of law amended or enacted by this act, and the items of	82292
law of which the codified sections of law as amended or enacted by	82293
this act are composed, take effect on the ninety-first day after	82294
this act is filed with the Secretary of State. If, however, a	82295
referendum petition is filed against any such codified section of	82296
law as amended or enacted by this act, or against any item of law	82297
of which any such codified section of law as amended or enacted by	82298
this act is composed, the codified section of law as amended or	82299
enacted, or item of law, unless rejected at the referendum, takes	82300
effect at the earliest time permitted by law.	82301

Section 146.02. Except as otherwise specifically provided in	82302
this act, the repeal by this act of a codified section of law is	82303
subject to the referendum. Therefore, under Ohio Constitution,	82304
Article II, Section 1c and section 1.471 of the Revised Code, the	82305
repeal by this act of a codified section of law takes effect on	82306
the ninety-first day after this act is filed with the Secretary of	82307
State. If, however, a referendum petition is filed against any	82308
such repeal, the repeal, unless rejected at the referendum, takes	82309
effect at the earliest time permitted by law.	82310

Section 146.03. The repeal by this act of sections 122.12,	82311
173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 173.51, 173.52,	82312
173.53, 173.54, 173.55, 173.56, 173.57, 173.58, 173.59, 1553.01,	82313
1553.02, 1553.03, 1553.04, 1553.05, 1553.06, 1553.07, 1553.08,	82314
1553.09, 1553.10, 1553.99, 3318.35, 3701.142, 3701.144, 4141.044,	82315
5115.011, 5115.012, 5115.06, and 5115.061 of the Revised Code is	82316
not subject to the referendum. Therefore, under Ohio Constitution,	82317
Article II, Section 1d and section 1.471 of the Revised Code, the	82318
repeals go into immediate effect when this act becomes law.	82319

Section 146.05. (A) Sections 117.45, 121.04, 122.658, 124.03,	82320
126.11, 127.16, 131.23, 173.08, 323.01, 329.03, 329.04, 329.051,	82321
340.021, 340.03, 901.21, 901.63, 901.85, 1501.04, 2101.16,	82322
2151.3529, 2151.3530, 2305.234 (in Section 1), 2329.66, 2715.041,	82323
2715.045, 2716.13, 2921.13, 3111.04, 3119.01, 3123.952, 3311.05,	82324
3311.059, 3313.381, 3313.647, 3313.979, 3314.033, 3314.083,	82325
3316.08, 3317.012, 3317.013, 3317.014, 3317.022, 3317.023,	82326
3317.024, 3317.029, 3317.0217, 3317.03, 3317.032, 3317.05,	82327
3317.064, 3317.07, 3317.10, 3317.16, 3318.37, 3323.16, 3332.04 (in	82328
Section 1), 3517.092, 3701.02, 3701.021, 3701.022, 3701.029,	82329
3701.141, 3701.145 (3701.0210), 3702.31, 3702.63, 3702.68,	82330
3702.74, 3705.24, 3709.09, 3711.021, 3721.02, 3721.19, 3721.51,	82331
3721.56, 3721.561, 3733.43, 3733.45, 3734.28, 3734.57, 3745.40,	82332
3748.07, 3748.13, 3769.087, 3773.43, 3781.19, 4104.01, 4104.02,	82333
4104.04, 4104.06, 4104.07, 4104.08, 4104.15, 4104.18, 4104.19,	82334
4104.20, 4105.17, 4112.15, 4117.14, 4123.27, 4141.09, 4501.06,	82335
4723.06, 4723.08, 4723.082, 4723.17, 4731.65, 4731.71, 4736.12,	82336
4747.05, 4747.06, 4747.07, 4747.10, 4755.03, 4755.031, 4771.22,	82337
4903.24, 4905.91, 4919.79, 5101.11, 5101.14, 5101.141, 5101.142,	82338
5101.144, 5101.145, 5101.146, 5101.1410, 5101.16, 5101.18,	82339
5101.181, 5101.214, 5101.36, 5101.58, 5101.59, 5101.75, 5101.80,	82340
5103.155, 5104.04, 5104.30, 5107.02, 5107.30, 5107.40, 5107.60,	82341
5111.0113, 5111.02, 5111.025, 5111.03, 5111.06, 5111.08	82342
(5111.071), new 5111.16, 5111.16 (5111.08), 5111.17, 5111.171,	82343
5111.172, 5111.174, 5111.175, 5111.20, 5111.206, 5111.21, 5111.22,	82344
5111.222, 5111.25, 5111.251, 5111.252 (5123.199), 5111.262,	82345
5111.28, 5111.29, 5111.30, 5111.31, 5111.65, 5111.66, 5111.661,	82346
5111.67, 5111.671, 5111.672, 5111.673, 5111.674, 5111.675,	82347
5111.676, 5111.677, 5111.68, 5111.681, 5111.682, 5111.683,	82348
5111.684, 5111.685, 5111.686, 5111.687, 5111.688, 5111.689,	82349
5111.6810, 5111.85, 5111.87, 5111.871, 5111.872, 5111.873,	82350
5111.911, 5111.912, 5111.913, 5112.03, 5112.08, 5112.17, 5115.01,	82351
5115.02 (5115.04), 5115.03, 5115.04 (5115.02), 5115.05, 5115.07	82352
(5115.06), 5115.10, 5115.11, 5115.12, new 5115.13, 5115.13	82353
(5115.07), 5115.14, 5115.15 (5115.23), 5115.20, 5115.22, 5119.61,	82354
5123.01, 5123.19, 5123.196, 5123.197, 5123.198, 5123.1910,	82355
5123.38, 5126.01, 5126.042, 5126.12, 5153.78, 5502.13, 5709.64,	82356
5735.05, 5735.053, 5735.23, 5735.26, 5735.291, 5735.30, and	82357
6109.21 of the Revised Code as amended, enacted, or renumbered by	82358
this act, and the items of law of which such sections as amended	82359
or enacted by this act are composed, are not subject to the	82360
referendum. Therefore, under Ohio Constitution, Article II,	82361
Section 1d and section 1.471 of the Revised Code, such sections as	82362
amended, enacted, or renumbered by this act, and the items of law	82363
of which such sections as amended or enacted by this act are	82364
composed, go into immediate effect when this act becomes law.	82365

(B) Sections 3313.481, 3317.11, and 5111.173 of the Revised	82366
Code as repealed and reenacted by this act, and the items of law	82367
of which it is composed, is not subject to the referendum.	82368
Therefore, under Ohio Constitution, Article II, Section 1d and	82369
section 1.471 of the Revised Code, the section as repealed and	82370
reenacted by this act goes into immediate effect when this act	82371
becomes law.	82372

(C) The amendment of sections 2915.01, 2915.02, 2915.08,	82373
2915.09, 2915.091, 2915.092, 2915.093, 2915.10, 2915.101, and	82374
2915.13 of the Revised Code is not subject to the referendum under	82375
Ohio Constitution, Article II, Section 1d and section 1.471 of the	82376
Revised Code and goes into effect on July 1, 2003.	82377

(D) The amendments of sections 4503.101 and 4503.103 of the	82378
Revised Code are not subject to the referendum under Ohio	82379
Constitution, Article II, Section 1d and section 1.471 of the	82380
Revised Code and go into effect on June 30, 2003.	82381

Section 146.06. (A) The amendment, enactment, or repeal and	82382
reenactment by this act of sections 109.71, 122.17, 122.171,	82383
122.71, 321.24, 715.013, 718.01, 718.02, 718.021, 718.03, 718.031,	82384
718.05, 718.051, 718.11, 718.121, 718.15, 718.151, 2923.35,	82385
2925.44, 2933.43, 2935.01, 3735.67, 3735.671, 4141.201, 5703.56,	82386
5703.58, 5703.80, 5711.18, 5711.22, 5713.07, 5713.08, 5713.081,	82387
5713.082, 5715.27, 5717.011, 5717.03, 5727.111, 5727.30, 5728.04,	82388
5728.06, 5728.99, 5733.04, 5733.05, 5733.051, 5733.056, 5733.0511,	82389
5733.059, 5733.0611, 5733.09, 5733.45, 5733.55, 5733.56, 5733.57,	82390
5733.98, 5735.14, 5735.15, 5735.19, 5735.99, 5743.45 (in Section 1	82391
of this act), 5745.01, 5745.02, 5745.04, 5745.042, 5745.044,	82392
5747.02, 5747.026, and 5747.31 of the Revised Code provides for or	82393
is essential to implementation of a tax levy. Therefore, under	82394
Ohio Constitution, Article II, Section 1d, the amendments,	82395
enactments, or repeals and reenactments and the items of which	82396
they are composed, are not subject to the referendum and go into	82397
immediate effect when this act becomes law.	82398

(B) The amendment or enactment by this act of sections	82399
165.09, 902.11, 4981.20, 5703.052, 5739.01, 5739.011, 5739.012,	82400
5739.02, 5739.03, 5739.032, 5739.033 (in Section 1 of this act),	82401
5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5739.33, 5741.01,	82402
5741.02, 5741.121, and 5741.25, and division (E) of section	82403
5739.025 of the Revised Code provides for or is essential to	82404
implementation of a tax levy. Therefore, under Ohio Constitution,	82405
Article II, Section 1d, the amendments, and the items of which	82406
they are composed, are not subject to the referendum and go into	82407
immediate effect when this act becomes law.	82408

(C) The amendment by this act of sections 5739.021, 5739.022,	82409
5739.023, and 5739.026 of the Revised Code provides for or is	82410
essential to implementation of a tax levy. Therefore, under Ohio	82411
Constitution, Article II, Section 1d, the amendments, and the	82412
items of which they are composed, are not subject to the	82413
referendum and go into effect January 1, 2004.	82414

(D) The amendment by this act of sections 5739.025, 5739.10,	82415
5741.021, 5741.022, and 5741.023 of the Revised Code provides for	82416
or is essential to implementation of a tax levy. Therefore, under	82417
Ohio Constitution, Article II, Section 1d, the amendments, and the	82418
items of which they are composed, are not subject to the	82419
referendum and, except as provided in this section, go into effect	82420
January 1, 2006.	82421

(E) The repeal and re-enactment by this act of section	82422
5739.034 of the Revised Code provides for or is essential to	82423
implementation of a tax levy. Therefore, under Ohio Constitution,	82424
Article II, Section 1d, the repeal and re-enactment, and the items	82425
of which they are composed, are not subject to the referendum and	82426
go into effect July 1, 2003.	82427

(F) The repeal by this act of sections 5735.33, 5739.35,	82428
5741.24, 5743.46, and 5747.60 of the Revised Code provides for or	82429
is essential to implementation of a tax levy. Therefore, under	82430
Ohio Constitution, Article II, Section 1d, the repeals, and the	82431
items of which they are composed, are not subject to the	82432
referendum and go into immediate effect when this act becomes law.	82433

Section 146.06A. The repeal by this act of sections 319.311,	82434
5733.111, 5741.011, and 5747.131 of the Revised Code provides for	82435
or is essential to implementation of a tax levy. Therefore, under	82436
Ohio Constitution, Article II, Section 1d, the repeals, and the	82437
items of which they are composed, are not subject to the	82438
referendum and go into immediate effect when this act becomes law.	82439

Section 146.07. (A) The amendment by this act of sections	82440
4905.79, 4931.45, 4931.47, 4931.48, 5727.32, and 5727.33 of the	82441
Revised Code provides for or is essential to implementation of a	82442
tax levy. Therefore, under Ohio Constitution, Article II, Section	82443
1d, the amendments, and the items of which they are composed, are	82444
not subject to the referendum and go into effect December 31,	82445
2004.	82446

(B) The repeal by this act of sections 5727.39 and 5727.44 of	82447
the Revised Code provide for or is essential to implementation of	82448
a tax levy. Therefore, under Ohio Constitution, Article II,	82449
Section 1d, the repeals, and the items of which they are composed,	82450
are not subject to the referendum and go into effect December 31,	82451
2004.	82452

Section 146.07A. Section 3301.31 of the Revised Code, as	82453
repealed and reenacted by this act, and the items of law of which	82454
the section as repealed and reenacted by this act is composed, is	82455
not subject to the referendum. Therefore, under Ohio Constitution,	82456
Article II, Section 1d and section 1.471 of the Revised Code, the	82457
section as repealed and reenacted is entitled to go into immediate	82458
effect when this act becomes law. However, that section as	82459
repealed and reenacted by this act, and the items of law of which	82460
that section as repealed and reenacted by this act are composed,	82461
takes effect July 1, 2004, or the day this act becomes law,	82462
whichever is later.	82463

Section 146.07B. New section 3301.33 and sections 3301.34,	82464
3301.35, 3301.36, and 3301.38, as enacted by this act, and section	82465
3301.33 (3301.40) of the Revised Code as renumbered by this act,	82466
and the items of law of which those sections as enacted or	82467
renumbered by this act are composed, are not subject to the	82468
referendum. Therefore, under Ohio Constitution, Article II,	82469
Section 1d and section 1.471 of the Revised Code, the sections as	82470
enacted or renumbered are entitled to go into immediate effect	82471
when this act becomes law. However, those sections as enacted or	82472
renumbered by this act, and the items of law of which those	82473
sections as enacted or renumbered by this act are composed, take	82474
effect July 1, 2004, or the day this act becomes law, whichever is	82475
later.	82476

Section 146.07C. Sections 3301.37, 3301.52, 3301.53, 3301.54,	82477
3301.55, 3307.57, and 3301.58 of the Revised Code, as amended or	82478
enacted by this act, are not subject to the referendum. Therefore,	82479
under Ohio Constitution, Article II, Section 1d and section 1.471	82480
of the Revised Code the sections as amended or enacted by this	82481
act, and the items of law of which the sections as amended or	82482
enacted by this act are composed, are entitled to go into	82483
immediate effect when this act becomes law. However, the sections	82484
as amended or enacted by this act, and the items of law of which	82485
the sections as amended or enacted by this act are composed, take	82486
effect September 1, 2003, or the day this act becomes law,	82487
whichever is later.	82488

Section 146.07D. The repeal by this act of section 3301.581	82489
of the Revised Code is not subject to the referendum under Ohio	82490
Constitution, Article II, Section 1d and section 1.471 of the	82491
Revised Code and goes into effect September 1, 2003, or the day	82492
this act becomes law, whichever is later.	82493

Section 146.11. The amendments by this act of section 3317.01	82494
of the Revised Code are not subject to the referendum. Therefore,	82495
under Ohio Constitution, Article II, Section 1d and section 1.471	82496
of the Revised Code, the section as amended, and the items of law	82497
of which that section as amended is composed, are entitled to go	82498
into immediate effect when this act becomes law. However, that	82499
section as amended by this act, and the items of law of which that	82500
section as amended by this act is composed, take effect July 1,	82501
2004.	82502

Section 146.12. The version of section 3332.04 of the Revised	82503
Code that is scheduled to take effect July 1, 2003, as amended by	82504
this act, and the items of law of which that section as amended is	82505
composed, are not subject to the referendum. Therefore, under Ohio	82506
Constitution, Article II, Section 1d and section 1.471 of the	82507
Revised Code, the section as amended by this act, and the items of	82508
law of which that section as amended is composed, go into	82509
immediate effect on July 1, 2003.	82510

Section 146.13. (A) Except as otherwise provided in division	82511
(B) of this section, the amendments by this act to section 3745.11	82512
of the Revised Code are not subject to the referendum. Therefore,	82513
under Ohio Constitution, Article II, Section 1d and section 1.471	82514
of the Revised Code, the amendments, and the items of law they	82515
contain, go into immediate effect when this act becomes law.	82516

(B) The seventh and last paragraph added to division (S)(1)	82517
of section 3745.11 of the Revised Code by this act is subject to	82518
the referendum. Therefore, under Ohio Constitution, Article II,	82519
Section 1c and section 1.471 of the Revised Code, the paragraph	82520
takes effect on the ninety-first day after this act is filed with	82521
the Secretary of State. If, however, a referendum petition is	82522
filed against the paragraph, or against any item of law it	82523
contains, the paragraph or item, unless rejected at the	82524
referendum, takes effect at the earliest time permitted by law.	82525

Section 146.14. The amendment by this act of the version of	82526
section 4511.75 of the Revised Code that is scheduled to take	82527
effect January 1, 2004, and the items of law of which that	82528
amendment is composed, are not subject to the referendum under	82529
Ohio Constitution, Article II, Section 1d and section 1.471 of the	82530
Revised Code and go into effect on July 1, 2004.	82531

Section 146.15. (A) Except as otherwise provided in division	82532
(B) of this section, the amendments by this act to section 4743.05	82533
of the Revised Code are subject to the referendum. Therefore,	82534
under Ohio Constitution, Article II, Section 1c and section 1.471	82535
of the Revised Code, the amendments take effect on the	82536
ninety-first day after this act is filed with the Secretary of	82537
State. If, however, a referendum petition is filed against the	82538
amendments, or against any item of law they contain, the	82539
amendments or item, unless rejected at the referendum, takes	82540
effect at the earliest time permitted by law.	82541

(B) The amendment by this act adding a reference to "4771."	82542
to section 4743.05 of the Revised Code is not subject to the	82543
referendum. Therefore, under Ohio Constitution, Article II,	82544
Section 1d and section 1.471 of the Revised Code, the amendment	82545
goes into immediate effect when this act becomes law.	82546

Section 146.15A. (A) The amendments by this act to section	82547
5104.01 of the Revised Code are not subject to the referendum.	82548
Therefore, under Ohio Constitution, Article II, Section 1d and	82549
section 1.471 of the Revised Code, the amendments, and the items	82550
of law they contain, go into immediate effect when this act	82551
becomes law, except as provided in division (B) of this section.	82552

(B) The amendments by this act to division (T) of section	82553
5104.01 of the Revised Code shall take effect on July 1, 2004.	82554

Section 146.15B. Section 5104.02 of the Revised Code, as	82555
amended by this act, and the items of law of which the section as	82556
amended by this act is composed, are not subject to the	82557
referendum. Therefore, under Ohio Constitution, Article II,	82558
Section 1d and section 1.471 of the Revised Code the section as	82559
amended by this act, and the items of law of which the section as	82560
amended by this act is composed, are entitled to go into immediate	82561
effect when this act becomes law. However, the section as amended	82562
by this act, and the items of law of which the section as amended	82563
by this act are composed, take effect September 1, 2003, or the	82564
day this act becomes law, whichever is later.	82565

Section 146.15C. (A) The amendments by this act to section	82566
5104.32 of the Revised Code are not subject to the referendum.	82567
Therefore, under Ohio Constitution, Article II, Section 1d and	82568
section 1.471 of the Revised Code, the amendments, and the items	82569
of law they contain, go into immediate effect when this act	82570
becomes law, except as provided in division (B) of this section.	82571

(B) The amendments by this act to division (B)(4) of section	82572
5104.32 of the Revised Code shall take effect on September 1,	82573
2003.	82574

Section 146.16. (A) Except as otherwise provided in division	82575
(B) of this section, the amendments by this act to section	82576
5111.022 of the Revised Code are not subject to the referendum.	82577
Therefore, under Ohio Constitution, Article II, Section 1d and	82578
section 1.471 of the Revised Code, the amendments, and the items	82579
of law they contain, go into immediate effect when this act	82580
becomes law.	82581

(B) The amendments by this act adding divisions (B)(4), (E),	82582
and (F) to section 5111.022 of the Revised Code are subject to the	82583
referendum. Therefore, under Ohio Constitution, Article II,	82584
Section 1c and section 1.471 of the Revised Code, the amendments	82585
take effect on the ninety-first day after this act is filed with	82586
the Secretary of State. If, however, a referendum petition is	82587
filed against the amendments, or against any item of law they	82588
contain, the amendments or item, unless rejected at the	82589
referendum, takes effect at the earliest time permitted by law.	82590

Section 146.17. Section 5112.31 of the Revised Code, as	82591
amended by this act, and the items of law of which that section as	82592
amended is composed, are not subject to the referendum. Therefore,	82593
under Ohio Constitution, Article II, Section 1d and section 1.471	82594
of the Revised Code, that section as amended by this act, and the	82595
items of law of which that section as amended is composed, are	82596
entitled to go into immediate effect when this act becomes law.	82597
However, that section as amended by this act, and the items of law	82598
which that section as amended by this act are composed, take	82599
effect on July 1, 2003, or the day this act becomes law, whichever	82600
is later.	82601

Section 146.17A. * Section 9.24 of the Revised Code, as	82602
enacted by this act, shall take effect January 1, 2004.	82603

Section 146.20. * Section 102.02 of the Revised Code, as	82604
amended by this act, shall take effect January 1, 2004.	82605

Section 146.21. * Section 4759.08 of the Revised Code, as	82606
amended by this act, shall take effect July 1, 2004.	82607

Section 146.22. * Sections 5103.031, 5103.033, 5103.034,	82608
5103.036, 5103.037, 5103.038, 5103.0312, 5103.0313, 5103.0314,	82609
5103.0315, 5103.0316, 5153.60, 5153.69, and 5153.72 of the Revised	82610
Code, as amended by this act, shall take effect on January 1,	82611
2004.	82612

Section 146.23. * Sections 5103.154 and 5153.163 of the	82613
Revised Code as amended by this act take effect July 1, 2004.	82614

Section 146.25. Except as otherwise specifically provided in	82615
this act, the uncodified sections of law amended or enacted in	82616
this act, and the items of law of which the uncodified sections of	82617
law amended or enacted in this act are composed, are not subject	82618
to the referendum. Therefore, under Ohio Constitution, Article II,	82619
Section 1d and section 1.471 of the Revised Code, the uncodified	82620
sections of law amended or enacted in this act, and the items of	82621
law of which the uncodified sections of law amended or enacted in	82622
this act are composed, go into immediate effect when this act	82623
becomes law.	82624

Section 146.26. Uncodified sections of law amended or enacted	82625
in this act, and items of law contained within the uncodified	82626
sections of law amended or enacted in this act, that are marked	82627
with an asterisk are subject to the referendum. Therefore, under	82628
Ohio Constitution, Article II, Section 1c and section 1.471 of the	82629
Revised Code, the uncodified sections and items of law marked with	82630
an asterisk take effect on the ninety-first day after this act is	82631
filed with the Secretary of State. If, however, a referendum	82632
petition is filed against an uncodified section or item of law	82633
marked with an asterisk, the uncodified section or item of law	82634
marked with an asterisk, unless rejected at the referendum, takes	82635
effect at the earliest time permitted by law.	82636

If the amending and existing repeal clauses commanding the	82637
amendment of an uncodified section of law are both marked with	82638
asterisks, the uncodified section as amended is deemed also to	82639
have been marked with an asterisk.	82640

An asterisk marking an uncodified section or item of law has	82641
the form *.	82642

This section defines the meaning and form of, but is not	82643
itself to be considered marked with, an asterisk.	82644

Section 146.28. The repeal by this act of the following	82645
uncodified sections of law is not subject to the referendum and	82646
therefore, under Ohio Constitution, Article II, Section 1d and	82647
section 1.471 of the Revised Code, goes into immediate effect when	82648
this act becomes law:	82649

(A) Section 11 of Am. Sub. S.B. 50 of the 121st General	82650
Assembly;	82651

(B) Section 129 of Am. Sub. H.B. 283 of the 123rd General	82652
Assembly;	82653

(C) Section 63.37 of Am. Sub. H.B. 94 of the 124th General	82654
Assembly;	82655

(D) Section 16 of Am. Sub. H.B. 87 of the 125th General	82656
Assembly.	82657

Section 146.29. If the amendment or enactment in this act of	82658
a codified or uncodified section of law is subject to the	82659
referendum, the corresponding indications in the amending,	82660
enacting, or existing repeal clauses commanding the amendment or	82661
enactment also are subject to the referendum, along with the	82662
amendment or enactment. If the amendment or enactment by this act	82663
of a codified or uncodified section of law is not subject to the	82664
referendum, the corresponding indications in the amending,	82665
enacting, or existing repeal clauses commanding the amendment or	82666
enactment also are not subject to the referendum, the same as the	82667
amendment or enactment.	82668

Section 147.01. * The amendment of section 122.25 of the	82669
Revised Code by this act is not intended to supersede the earlier	82670
repeal, with delayed effective date, of that section.	82671

Section 147.02. * Section 921.151 was amended and renumbered	82672
as section 921.22 of the Revised Code by Am. Sub. S.B. 217 of the	82673
124th General Assembly, passed November 21, 2002, and effective	82674
July 1, 2004. The amendment of section 921.151 of the Revised Code	82675
in Section 1 of this act does not supersede that earlier amendment	82676
and renumbering. This act therefore amends both sections to ensure	82677
that its amendments continue on and after July 1, 2004.	82678

Section 147.03. The amendment by this act of sections	82679
5112.03 and 5112.08 of the Revised Code is not intended to	82680
supersede the earlier repeal, with delayed effective date, of	82681
those sections.	82682

Section 147.04. The amendment by this act of section 5112.99	82683
of the Revised Code is not intended to supersede the earlier	82684
repeal, with delayed effective date, of that section.	82685

Section 148.01. * Section 109.572 of the Revised Code is	82686
presented in this act as a composite of the section as amended by	82687
both Sub. H.B. 448 and Sub. H.B. 538 of the 123rd General	82688
Assembly. The General Assembly, applying the principle stated in	82689
division (B) of section 1.52 of the Revised Code that amendments	82690
are to be harmonized if reasonably capable of simultaneous	82691
operation, finds that the composite is the resulting version of	82692
the section in effect prior to the effective date of the section	82693
as presented in this act.	82694

Section 148.01A. Section 109.71 of the Revised Code is	82695
presented in this act as a composite of the section as amended by	82696
both Sub. H.B. 545 and H.B. 675 of the 124th General Assembly. The	82697
General Assembly, applying the principle stated in division (B) of	82698
section 1.52 of the Revised Code that amendments are to be	82699
harmonized if reasonably capable of simultaneous operation, finds	82700
that the composite is the resulting version of the section in	82701
effect prior to the effective date of the section as presented in	82702
this act.	82703

Section 148.02. Section 121.04 of the Revised Code is	82704
presented in this act as a composite of the section as amended by	82705
both Sub. H.B. 601 and Am. Sub. H.B. 640 of the 123rd General	82706
Assembly. The General Assembly, applying the principle stated in	82707
division (B) of section 1.52 of the Revised Code that amendments	82708
are to be harmonized if reasonably capable of simultaneous	82709
operation, finds that the composite is the resulting version of	82710
the section in effect prior to the effective date of the section	82711
as presented in this act.	82712

Section 148.02A. Section 122.171 of the Revised Code is	82713
presented in this act as a composite of the section as amended by	82714
both H.B. 675 and Am. Sub. S.B. 180 of the 124th General Assembly.	82715
The General Assembly, applying the principle stated in division	82716
(B) of section 1.52 of the Revised Code that amendments are to be	82717
harmonized if reasonably capable of simultaneous operation, finds	82718
that the composite is the resulting version of the section in	82719
effect prior to the effective date of the section as presented in	82720
this act.	82721

Section 148.02B. Section 124.15 of the Revised Code is	82722
presented in this act as a composite of the section as amended by	82723
both Am. Sub. H.B. 640 and Sub. S.B. 245 of the 123rd General	82724
Assembly. The General Assembly, applying the principle stated in	82725
division (B) of section 1.52 of the Revised Code that amendments	82726
are to be harmonized if reasonably capable of simultaneous	82727
operation, finds that the composite is the resulting version of	82728
the section in effect prior to the effective date of the section	82729
as presented in this act.	82730

Section 148.02C. The version of section 2152.19 of the	82731
Revised Code that is scheduled to take effect January 1, 2004, is	82732
presented in this act as a composite of the section as amended by	82733
both Am. Sub. H.B. 400 and Am. Sub. H.B. 490 of the 124th General	82734
Assembly. The General Assembly, applying the principle stated in	82735
division (B) of section 1.52 of the Revised Code that amendments	82736
are to be harmonized if reasonably capable of simultaneous	82737
operation, finds that the composite is the resulting version of	82738
the section in effect prior to the effective date of the section	82739
as presented in this act.	82740

Section 148.03. * The version of section 2305.234 of the	82741
Revised Code that is scheduled to take effect January 1, 2004, is	82742
presented in this act as a composite of the section as amended by	82743
both Am. Sub. H.B. 490 and Am. Sub. S.B. 281 of the 124th General	82744
Assembly. The General Assembly, applying the principle stated in	82745
division (B) of section 1.52 of the Revised Code that amendments	82746
are to be harmonized if reasonably capable of simultaneous	82747
operation, finds that the composite is the resulting version of	82748
the section in effect prior to the effective date of the section	82749
as presented in this act.	82750

Section 148.04. Section 2743.02 of the Revised Code is	82751
presented in this act as a composite of the section as amended by	82752
both Am. Sub. S.B. 115 and Am. Sub. S.B. 281 of the 124th General	82753
Assembly. The General Assembly, applying the principle stated in	82754
division (B) of section 1.52 of the Revised Code that amendments	82755
are to be harmonized if reasonably capable of simultaneous	82756
operation, finds that the composite is the resulting version of	82757
the section in effect prior to the effective date of the section	82758
as presented in this act.	82759

Section 148.04A. Section 2917.41 of the Revised Code is	82760
presented in this act as a composite of the section as amended by	82761
both Am. H.B. 61 and Am. Sub. S.B. 2 of the 121st General	82762
Assembly. The General Assembly, applying the principle stated in	82763
division (B) of section 1.52 of the Revised Code that amendments	82764
are to be harmonized if reasonably capable of simultaneous	82765
operation, finds that the composite is the resulting version of	82766
the section in effect prior to the effective date of the section	82767
as presented in this act.	82768

Section 148.04B. Section 2935.01 of the Revised Code is	82769
presented in this act as a composite of the section as amended by	82770
both Sub. H.B. 545 and H.B. 675 of the 124th General Assembly. The	82771
General Assembly, applying the principle stated in division (B) of	82772
section 1.52 of the Revised Code that amendments are to be	82773
harmonized if reasonably capable of simultaneous operation, finds	82774
that the composite is the resulting version of the section in	82775
effect prior to the effective date of the section as presented in	82776
this act.	82777

Section 148.06. Section 3317.012 of the Revised Code is	82778
presented in this act as a composite of the section as amended by	82779
both Am. Sub. H.B. 94 and Am. Sub. S.B. 1 of the 124th General	82780
Assembly. The General Assembly, applying the principle stated in	82781
division (B) of section 1.52 of the Revised Code that amendments	82782
are to be harmonized if reasonably capable of simultaneous	82783
operation, finds that the composite is the resulting version of	82784
the section in effect prior to the effective date of the section	82785
as presented in this act.	82786

Section 148.07. Section 3319.07 of the Revised Code is	82787
presented in this act as a composite of the section as amended by	82788
both Am. Sub. H.B. 117 and Am. Sub. H.B. 223 of the 121st General	82789
Assembly. The General Assembly, applying the principle stated in	82790
division (B) of section 1.52 of the Revised Code that amendments	82791
are to be harmonized if reasonably capable of simultaneous	82792
operation, finds that the composite is the resulting version of	82793
the section in effect prior to the effective date of the section	82794
as presented in this act.	82795

Section 148.08. Section 3319.36 of the Revised Code is	82796
presented in this act as a composite of the section as amended by	82797
both Sub. H.B. 81 and Am. Sub. S.B. 230 of the 121st General	82798
Assembly. The General Assembly, applying the principle stated in	82799
division (B) of section 1.52 of the Revised Code that amendments	82800
are to be harmonized if reasonably capable of simultaneous	82801
operation, finds that the composite is the resulting version of	82802
the section in effect prior to the effective date of the section	82803
as presented in this act.	82804

Section 148.08A. Section 4303.181 of the Revised Code is	82805
presented in this act as a composite of the section as amended by	82806
both Sub. H.B. 330 and Sub. H.B. 371 of the 124th General	82807
Assembly. The General Assembly, applying the principle stated in	82808
division (B) of section 1.52 of the Revised Code that amendments	82809
are to be harmonized if reasonably capable of simultaneous	82810
operation, finds that the composite is the resulting version of	82811
the section in effect prior to the effective date of the section	82812
as presented in this act.	82813

Section 148.11. * Section 4973.17 of the Revised Code is	82814
presented in this act as a composite of the section as amended by	82815
both Am. Sub. H.B. 566 and Sub. H.B. 670 of the 121st General	82816
Assembly. The General Assembly, applying the principle stated in	82817
division (B) of section 1.52 of the Revised Code that amendments	82818
are to be harmonized if reasonably capable of simultaneous	82819
operation, finds that the composite is the resulting version of	82820
the section in effect prior to the effective date of the section	82821
as presented in this act.	82822

Section 148.12. Section 5111.20 of the Revised Code is	82823
presented in this act as a composite of the section as amended by	82824
both Sub. H.B. 403 and Sub. H.B. 448 of the 123rd General	82825
Assembly. The General Assembly, applying the principle stated in	82826
division (B) of section 1.52 of the Revised Code that amendments	82827
are to be harmonized if reasonably capable of simultaneous	82828
operation, finds that the composite is the resulting version of	82829
the section in effect prior to the effective date of the section	82830
as presented in this act.	82831

Section 148.13. Section 5115.01 of the Revised Code is	82832
presented in this act as a composite of the section as amended by	82833
both Am. Sub. H.B. 283 and H.B. 471 of the 123rd General Assembly.	82834
The General Assembly, applying the principle stated in division	82835
(B) of section 1.52 of the Revised Code that amendments are to be	82836
harmonized if reasonably capable of simultaneous operation, finds	82837
that the composite is the resulting version of the section in	82838
effect prior to the effective date of the section as presented in	82839
this act.	82840

Section 148.14. * Section 5709.62 of the Revised Code is	82841
presented in this act as a composite of the section as amended by	82842
both Am. Sub. H.B. 283 and Sub. H.B. 27 of the 123rd General	82843
Assembly. The General Assembly, applying the principle stated in	82844
division (B) of section 1.52 of the Revised Code that amendments	82845
are to be harmonized if reasonably capable of simultaneous	82846
operation, finds that the composite is the resulting version of	82847
the section in effect prior to the effective date of the section	82848
as presented in this act.	82849

Section 148.15. * Section 5709.63 of the Revised Code is	82850
presented in this act as a composite of the section as amended by	82851
both Am. Sub. H.B. 283 and Sub. H.B. 27 of the 123rd General	82852
Assembly. The General Assembly, applying the principle stated in	82853
division (B) of section 1.52 of the Revised Code that amendments	82854
are to be harmonized if reasonably capable of simultaneous	82855
operation, finds that the composite is the resulting version of	82856
the section in effect prior to the effective date of the section	82857
as presented in this act.	82858

Section 148.16. Section 5733.04 of the Revised Code is	82859
presented in this act as a composite of the section as amended by	82860
both Sub. S.B. 200 and Am. Sub. S.B. 261 of the 124th General	82861
Assembly. The General Assembly, applying the principle stated in	82862
division (B) of section 1.52 of the Revised Code that amendments	82863
are to be harmonized if reasonably capable of simultaneous	82864
operation, finds that the composite is the resulting version of	82865
the section in effect prior to the effective date of the section	82866
as presented in this act.	82867

Section 148.17. Section 5735.05 of the Revised Code is	82868
presented in this act as a composite of the section as amended by	82869
both H.B. 612 and Am. Sub. H.B. 640 of the 123rd General Assembly.	82870
The General Assembly, applying the principle stated in division	82871
(B) of section 1.52 of the Revised Code that amendments are to be	82872
harmonized if reasonably capable of simultaneous operation, finds	82873
that the composite is the resulting version of the section in	82874
effect prior to the effective date of the section as presented in	82875
this act.	82876

Section 148.18. Section 5735.23 of the Revised Code is	82877
presented in this act as a composite of the section as amended by	82878
both H.B. 612 and Am. Sub. H.B. 640 of the 123rd General Assembly.	82879
The General Assembly, applying the principle stated in division	82880
(B) of section 1.52 of the Revised Code that amendments are to be	82881
harmonized if reasonably capable of simultaneous operation, finds	82882
that the composite is the resulting version of the section in	82883
effect prior to the effective date of the section as presented in	82884
this act.	82885

Section 148.19. Section 5739.01 of the Revised Code was	82886
amended by Am. Sub. H.B. 524, Am. Sub. S.B. 143, and Sub. S.B.	82887
200, all of the 124th General Assembly. Comparison of these	82888
amendments in pursuance of section 1.52 of the Revised Code	82889
discloses that while certain of the amendments of these acts are	82890
reconcilable, certain other of the amendments are substantively	82891
irreconcilable. Am. Sub. H.B. 524 was passed on March 21, 2002;	82892
Am. Sub. S.B. 143 was passed on January 30, 2002; Sub. S.B. 200	82893
was passed on March 13, 2002. Section 5739.01 of the Revised Code	82894
is therefore presented in this act as it results from Am. Sub.	82895
H.B. 524 and Sub. S.B. 200 and such of the amendments of Am. Sub.	82896
S.B. 143 as are not in conflict with the amendments of Sub. S.B.	82897
200. The General Assembly, applying the principle stated in	82898
division (B) of section 1.52 of the Revised Code that amendments	82899
are to be harmonized if reasonably capable of simultaneous	82900
operation, finds that the composite is the resulting version of	82901
the section in effect prior to the effective date of the section	82902
as presented in this act.	82903

Section 148.19A. Section 5741.01 of the Revised Code is	82904
presented in this act as a composite of the section as amended by	82905
Am. Sub. H.B. 524, Am. Sub. S.B. 143, and Sub. S.B. 200, all of	82906
the 124th General Assembly. The General Assembly, applying the	82907
principle stated in division (B) of section 1.52 of the Revised	82908
Code that amendments are to be harmonized if reasonably capable of	82909
simultaneous operation, finds that the composite is the resulting	82910
version of the section in effect prior to the effective date of	82911
the section as presented in this act.	82912

Section 148.19B. Section 5743.45 of the Revised Code is	82913
presented Section 1 of in this act as a composite of the section	82914
as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of the	82915
121st General Assembly. The General Assembly, applying the	82916
principle stated in division (B) of section 1.52 of the Revised	82917
Code that amendments are to be harmonized if reasonably capable of	82918
simultaneous operation, finds that the composite is the resulting	82919
version of the section in effect prior to the effective date of	82920
the section as presented in this act.	82921

Section 149. If any item of law that constitutes the whole or	82922
part of a codified or uncodified section of law contained in this	82923
act, or if any application of any item of law that constitutes the	82924
whole or part of a codified or uncodified section of law contained	82925
in this act, is held invalid, the invalidity does not affect other	82926
items of law or applications of items of law that can be given	82927
effect without the invalid item of law or application. To this	82928
end, the items of law of which the codified and uncodified	82929
sections contained in this act are composed, and their	82930
applications, are independent and severable.	82931